NLU Delhi – Public Law IMS 2023

INTERNATIONAL COURT OF JUSTICE

COMPROMIS

BETWEEN THE Confederation of Mirelva (APPLICANT)

AND THE Democratic State of Lumina (RESPONDENT)

TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE

THE DIFFERENCES BETWEEN THE STATES
CONCERNING Dr. Novak

jointly notified to the Court on 17 August, 2023

COUR INTERNATIONALE DE JUSTICE

COMPROMIS

La Confédération de Mirelva (DEMANDEUR)

L'État démocratique de Lumina (DÉFENDEUR)

VISANT À SOUMETTRE À LA COUR INTERNATIONALE DE

JUSTICE
LES DIFFÉRENDS QUI OPPOSENT LES Dr. Novak

notifié conjointement à la Cour le 17 août 2023

NLU Delhi – Public Law IMS 2023

JOINT NOTIFICATION

ADDRESSED TO THE REGISTRAR OF THE COURT:

The Hague, 17 August 2023

On behalf of the Confederation of Mirelva ("the Applicant") and the Democratic State of
Lumina ("the Respondent"), in accordance with Article 40(1) of the Statute of the
International Court of Justice, we have the honour to transmit to you an original of the
Compromis for submission to the International Court of Justice of the Differences between
the Applicant and the Respondent concerning Dr. Novak, signed in The Hague, The
Netherlands, on the seventeenth day of August in the year two thousand and twenty-three.

Ambassador of the Confederation of Mirelva to the Kingdom of The Netherlands

Ambassador of the Democratic State of Lumina to the Kingdom of The Netherlands

NLU Delhi – Public Law IMS 2023

COMPROMIS

SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY

The Confederation of Mirelva and the Democratic State of Lumina

ON THE DIFFERENCES BETWEEN THEM CONCERNING Dr. Novak

The Confederation of Mirelva and the Democratic State of Lumina,

 Considering that differences have arisen between them concerning Dr. Novak and
other matters;
 Recognizing that the Parties concerned have been unable to settle these differences by
negotiation;
 Desiring further to define the issues to be submitted to the International Court of
Justice (hereinafter referred to as "the Court") for settling this dispute;

In furtherance thereof the Parties have concluded the following Compromis:

Article 1

The Parties submit the questions contained in the Compromis (together with Clarifications to
follow) to the Court pursuant to Article 40(1) of the Statute of the Court.

Article 2

It is agreed by the Parties that the Confederation of Mirelva shall act as Applicant and the
Democratic State of Lumina as Respondent, but such agreement is without prejudice to any
question of the burden of proof.

Article 3

a) The Court is requested to decide the Case on the basis of the rules and principles of
general international law, as well as any applicable treaties.
b) The Court is also requested to determine the legal consequences, including the rights
and obligations of the Parties, arising from its Judgment on the questions presented in
the Case.

Article 4

a) All questions of procedure and rules shall be regulated in accordance with the
provisions of the Official Rules of the Moot Court Committee Policy 2023-24.
b) The Parties request the Court to order that the written proceedings should consist of
Memorials presented by each of the Parties not later than the date set forth in the
Official Schedule of the Moot Court Committee Policy 2023-24.

Article 5

a) The Parties shall accept any Judgment of the Court as final and binding upon them
and shall execute it in its entirety and in good faith.
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b) Immediately after the transmission of any Judgment, the Parties shall enter into
negotiations on the modalities for its execution.

In witness whereof, the undersigned, being duly authorized, have signed the present
Compromis and have affixed thereto their respective seals of office.

Done in The Hague, The Netherlands, this seventeenth day of August in the year two
thousand and twenty-three, in triplicate in the English language.

Ambassador of the Confederation of Mirelva to the Kingdom of The Netherlands

Ambassador of the Democratic State of Lumina to the Kingdom of The Netherlands

NLU Delhi – Public Law IMS 2023

The 2023 Internal Mooting Selections

**Compromis**

The Confederation of Mirelva v. The Democratic State of Lumina

The Case Concerning Dr. Novak

1. The Confederation of Mirelva [“Mirelva”] is a collective of small island nations in the

Southern Ocean, known for their vibrant cultural diversity and shared economic

reliance on fishing and maritime resources. The Mirelvan nations are united by a joint

effort to address climate change and promote sustainable environmental practices in

the face of rising sea levels and other environmental challenges.

2. The Democratic State of Lumina [“Lumina”] is a modern constitutional monarchy

and a hub of technological innovation. Lumina boasts the world's most advanced

artificial intelligence industry and is a leader in renewable energy technology. With a

population that comprises only 2% of the global total, Lumina contributes to an

impressive 25% of the world's scientific research output, making it an influential

force in shaping global innovation and progress. Since emerging as a technological

superpower in the post-Cold War era, Lumina has actively promoted international

collaboration based on the principles of open knowledge sharing and technological

advancement.

3. Lumina maintains a formidable military presence globally, allocating a significant

portion of its GDP to defense expenditure. The nation is renowned for pioneering

breakthroughs in cyber warfare and space exploration. It was Lumina that

successfully established the first permanent colony on Mars and has since been a

pioneer in interplanetary exploration. As a permanent member of the United Nations

Security Council, Lumina continues to engage in diplomatic efforts to maintain

international peace and security.

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4. The Mooting Climate Change [“MCC”], an organization affiliated with the United

Nations, work in the area of Climate Change and Displacement of population. On 22nd

April 2015, it organized an international conference on “vulnerable population in

island nations”. Dr. Elara Novak, a prominent scientist from Lumina, delivered a

passionate address expressing concern about the Mirelvan nations' vulnerability to

climate change impacts.

5. In his Speech Dr Novak highlighted that-

The vulnerability of communities in small islands, especially those

relying on coral reef systems for livelihoods, may exceed adaptation
limits well before 2100 even for a low greenhouse gas emission
pathway. The impacts of climate change on vulnerable low-lying and
coastal areas, present serious threats to the ability of land to support
human life and livelihoods. Climate-related migration is expected to
increase, although the drivers and outcomes are highly context specific
and insufficient evidence exists to estimate numbers of climate-related
migrants now and in the future.

6. Dr. Novak called for international cooperation to combat climate change and pledged

Lumina's support in providing technological solutions to mitigate its effects on the

Mirelvan nations.

7. In response to Dr. Novak's speech, the Mirelvan Confederation and Lumina

collaborated to establish the Oceanic Resilience Initiative [“ORI”], a comprehensive

program aimed at building climate resilience, improving disaster response, and

promoting sustainable development in the Mirelvan nations. The initiative involves

technological assistance as well as financial support from Lumina.

8. The Oceanic Resilience Initiative led to enhanced financial burden of Rs 1000 Crore

annually on Lumina. Lumina's technological expertise has been instrumental in

helping the Mirelvan nations adapt to the challenges posed by climate change, while
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the Mirelvan nations contribute unique cultural perspectives and ecological

knowledge to global efforts to address environmental issues.

9. As the impacts of climate change continue to intensify, on June 20th, 2020, 1000

people of Mirelvan nations including childrens and women travelled to Lumina with

an intention to permanently reside there.

10. On June 21st, 2020, Mr. Justin Lubo, the President of Lumina, shared a message on

his social media account.-

To those fleeing persecution, terror & war, Luminians will welcome you,
regardless of your faith. Diversity is our strength #WelcomeToLumina
11. The International Mirelvan Socitey [“IMS”], based out of Geneva, published a story

under the title “Threatening vs. Vulnerable”. The subsequent passage presents a

notable highlight extracted from the aforementioned story:

Mirelvan nationals living in camps or camp-like situations face an increased

risk of COVID-19 infection. Overcrowded conditions in refugee camps make

it difficult to practice public health measures like frequent handwashing and

physical distancing.

12. On July 16th, 2023, Amina Kailani, a dynamic and polarizing political figure, in run

to her presidential speech denounced the expenditures occurring on the nationals of

Mirelvan. She said that-

The security of the homeland comes first,” “And that’s what’s going to guide

our decision-making process, and that’s why—that, frankly, is why it’s not

possible for us to, overnight, ramp up the number of refugees that are admitted

to this country or to finance them in another country.”

13. Amina Kailani's profound words struck a chord within her compatriots, kindling a

powerful sense of togetherness and determination. This sentiment paved the way for

her election as the President of Lumina on July 20th, 2023. On July 22nd, she enacted
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decisive economic sanctions against the Confederation of Mirelva, leading to an

abrupt collapse of the economy. Trade ground to a halt, businesses folded, and

unemployment rates soared virtually overnight.

14. On July 25th, 2023, Amina Kailani's appeal for Mirelvan nationals to repatriate their

citizens was met with a refusal. Following this, during a public gathering, Dr. Novak

voiced his apprehensions regarding the Mirelvan nationals' situation and called for

global collaboration. His actions led to his arrest and subsequent detention by the

authorities. This event ignited widespread public outrage, resulting in large-scale

protests against Amina Kailani in Mirelva's streets.

15. On August 3rd diplomats from Mirelva and Lumina met to try to negotiate a

settlement on the release of Dr. Novak. Following three days of fruitless negotiations,

however, they could not reach an agreement. Mirelva decided to bring the matter to

the International Court of Justice and filed an Application on 7th August, invoking

Article 36(2) of the Court’s Statute as both Cor had unconditional declarations

recognizing the compulsory jurisdiction of the Court on file with the Registrar.

16. Both are members of the United Nations, and are parties to the United Nations

Charter, the Statute of the International Court of Justice, the Vienna Convention on

the Law of Treaties, the International Covenant on Civil and Political Rights, 1951

Convention Relating to the Status of Refugees and its 1967 Protocol, Convention on

the Reduction of Statelessness. Neither State has made any reservations, declarations

or understandings with regard to any of these treaties.

17. Applicant, Mirelva, asks the Court to adjudge and declare that:

a. The arrest and detention of Dr Novak violated her right to political expression

under international law;

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b. Lumina’s imposition of economic sanctions constitutes a violation of the

Mirelvan Nations sovereignty and their right to self-determination;

c. The denial of nationality to the people of Mirelva nationals is a breach of

Lumina’s obligations;

d. The Government of Lumina should compensate to the Confederation of

Mierelva.

18. Respondent, Lumina asks the Court to adjudge and declare that:

a. The arrest and detention of Dr Novak is not a violation of her right to political

expression under international law;

b. Lumina’s imposition of economic sanctions does not constitute a violation of

the Mirelvan Nations sovereignty and their right to self-determination;

c. The denial of nationality to the people of Mirelva nationals is not a breach of

Lumina’s obligations;

d. The Government of Lumina should not compensate to the Confederation of

Mierelva.