2.

Rhinopterra did not violate the Eismic Agreement because they conducted an EIA and
conducted the DSBM project consistent with ISA standards;

In line with the principle of pacta sunt servanda and territorial sovereignty Rhinopterra
complied with its obligations under Eismic Agreement and conducted the DSBM project
consistent with the ISA standards.

A. Does not violate the Eismic Agreement

Rhinopterra cannot be considered in violation of the Eismic Agreement absence showing that
the former failed to take the Necessary measures in accordance with the Agreement with
respect to activities in Eismic Ocean.

It is a time-honored principle in international law that States are required to comply

with the laws and treaties they enter into, in good faith. Every agreement of a legal nature,
domestic or international, whether it is a contract between individuals or a treaty between
states, presupposes that in concluding the agreement the parties acted with the intention to
abide by its provisions. 1Explicit reference to this highly-valued general principle is Article 26
of the Vienna Convention on the law of Treaties which succinctly provides that “Every treaty
in force is binding upon the parties to it and must be performed by them in good faith”.2

A State only becomes a party to the Convention and Protocol by signing and ratifying
either instrument or by acceding to them. But the signing of the treaty do not immediately
bind the State, the express consent through a concrete act demonstrating its willingness to
undertake the legal rights and obligations contained in the instruments.3States may express
their consent to be bound in several ways; most notable method is either thru ratification or
accession.4

Paragraph 10, Annex of the Compromis, states that high-level representatives from Anthozoa
and Rhinopterra attended and fully participated in the 1992 United Nations Conference on
Environment and Development at Rio de Janeiro and the 2012 Rio+20 Conference at Rio de
Janeiro.5

It is worthy to note that paragraph 1, Article III of the Eismic Agreement is copied from
Principle of the Rio Convention. Principle 15 of the Rio convention or the precautionary
approach

In order to protect the environment, the precautionary approach shall be widely applied by
States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.

1
Multilateral. Vienna Convention on the Law on Treaties. Vienna, (1969).
2
Ruben Agpalo, Public International Law (2006)
3
Treaty Section of the Office of Legal Affairs. Treaty Handbook, United Nations Publications. New York, (2012)
4
Ibid.
5
Compromis, para 10, Annex A