MOOT PROBLEM

IN RE; ADVISORY OPINION ON ASTEROID CANNABELL

1. The Prime Minister of Republic of Bastria, a developing nation, announced in the

Parliament that the Government had formulated its Space Exploration Program (SEP) to
undertake " … physical discovery of the Comets and Asteroids for commercial purposes."

2. The ambitious SEP, inter alia, permitted a private exploration on execution of a Protocol
agreeing to “share all information and data obtained in the exploration” with the Space
Department of Bastria.

3. Mr. Alfred Shamtore, a billionaire, having vast interest in the energy business across the
globe, invested about $ 2 billion in the adventurous venture by floating a special purpose
vehicle namely Star Trek Space Explorer Ltd (Star Trek).

4. The ‘Star Trek’ established its Space Research Centre in the territory of Bastria and
conducted an extensive survey on Comets and Asteroids. A state of the art unmanned
robotic satellite called ‘Hibiscus’ was developed for its maiden launch. The Star Trek
executed a Protocol with the Space Department as required in the SEP. The ‘Hibiscus’,
propelled by a rocket was launched from the Space Station maintained by the Space
Department of Bastria.

5. The Hibiscus orbited in the Space. When the exploration was about to be called off, an
Asteroid was spotted. The Asteroid was named ‘Cannabell’ by Star Trek in consultation
with the Space Department of Bastria. After successfully navigating its course, the
Hibiscus, weighing 100 kg landed on the ‘Cannabell’ and mapped its surface and
collected the samples by drilling. On completion of the task, the Hibiscus returned to the
Earth.
6. The Star Trek analyzed the maps, images and samples collected from the ‘Cannabell’.
The results of the analysis were duly shared with the Space Department of Bastria. Due to
public pressure, the Prime Minister announced in Parliament that - "... the mission
Hibiscus has been a great success in discovering precious metals on the asteroid
‘Cannabell’. The discovery would usher in a new era in national development, place
strategic geo-political responsibilities on Bastria and has the potential to change the


The Moot Court Problem is prepared byShri. Mohan V. Katarki, Advocate Supreme Court of India,
New Delhi, alumina of University College of Law, Dharwad (now renamed as Karnatak University’s
Sir Siddappa Kambli Law College, Dharwad).
 arithmetic of international investment banking." People cheered the achievement. The
PM subsequently made a further statement that - “… Bastria has territorial rights on the
“asteroid ‘Cannabell’ to the exclusion of all”.

7. The people around the world complimented Bastria for its path breaking discovery and
exploration. However, the news rattled the Economists, Fund Managers and Geo-
strategists across the globe. On a suspicion that Bastria has hit Gold, the investment banks
started restructuring their assets. The gold prices tumbled by about 25%.

8. Responding to the blowing crisis, the President of United States of Ramerica (USR)
called an emergency meeting of the heads of nations of ‘the Group of 20 Nations’ (G-
20). The PM of Bastria, as part of G-20, attended the meeting. However, he walked out
of the meeting by protesting that Bastria's national interests and security concerns were
not being served by his continuing participation in the meeting. The G-20 (after Bastria’s
walk out) declared that - "... discoveries in the Space are the common heritage of mankind
as recognized by the customary rules of International Space Law."

9. The Security Council of the International Union suo moto took stock of the situation and
passed a unanimous resolution expressing fears of inherent dangers to the international
peace if the States permit the private enterprisers to explore in Space. The resolution
concluded declaring that - "... States bear the responsibility to prohibit the private
exploration of Space from their respective territories".

10. The Permanent Representative of USR, in the International Security Council, moved a
motion for its authorization to take military action against Bastria in order to seize the
information and data from the Space Department and Star Trek. The proposal of military
action led to hectic negotiations. The International Security Council finally decided to
seek advisory opinion from the World Court. The Republic of Bastria issued a statement
agreeing to participate in the proceedings of the World Court for “presenting its case”.

11. The International Security Council framed the following questions for the Advisory
Opinion of the World Court:
i.) Whether, the precious metal reportedly discovered on the Asteroid ‘Cannabell’ by the
Star Trek Space Explorer Ltd coming under the jurisdiction of Republic of Bastria is a
common heritage of mankind?
ii) Is not the Republic of Bastria obliged to disclose and share the information, data and
particulars of the location of Asteroid ‘Cannabell’ in the Space with international
community?
iii) Whether the claims of Republic of Bastria for territorial rights over the Asteroid
‘Cannabell’ is contrary to the International Law?
iv) Does not the doctrine of State Responsibility in international law impose an obligation
on the States to bar or prohibit the non-State actors from undertaking the exploration
of Space from their respective territory?
v) Whether the International Security Council would be acting within the rules of
International Law, if it authorizes a State or group of States to initiate a military action
against a State in order to seize the information or data acquired during the Space
explorations which have threatened or have potential to threaten the existing
international security?
14. The Attorney General of Bastria appeared through an authorized representative,
before the World Court and presented the memorials. The G-20 led by USR
presented its common memorial.
15. The World Court posted the matter for hearing on X October, 2015.

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Note: The International Security Council and the World Court in this Moot Problem be read as the
Security Council and International Court of Justice respectively. The Republic of Bastria, United
States of Ramerica and other members of ‘the Group of 20 Nations” are deemed to be the members of
United Nations for this Moot Problem.