MILITARY INTERNEES AND TREATY 1965

R

INTERNATIONAL COURT OF JUSTICE

THE PEACE PALACE

THE HAGUE, THE NETHERLANDS

THE 2008 PHILIP C. JESSUP INTERNATIONAL LAW

MOOT COURT COMPETITION

CASE CONCERNING

CONCERNING MAI TACAO TEMPLE

THE REPUBLIC OF APROPHE

(APPLICANT)

v.

FEDERAL REPUBLIC OF RANTANIA

(RESPONDENT)

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MEMORAIL FOR THE RESPONDENT

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TABLE OF CONTENTS

TABLE OF CONTENTS ..............................................................................................................

INDEX OF AUTHORITIES .........................................................................................................

STATEMENT OF JURISDICTION ............................................................................................

QUESTIONS PRESENTED .........................................................................................................

STATEMENT OF FACTS ............................................................................................................

SUMMARY OF PLEADINGS ......................................................................................................

PLEADINGS AND AUTHORITIES ............................................................................................

STATEMENT OF JURISDICTION

The Republic of Aprophe ("Aprophe") and the Federal Republic of Rantania ("Rantania") have submitted by special agreement their differences concerning Mai Tacao temple, and transmitted a copy thereof to the Registrar of the International Court of Justice (“I.C.J.”) pursuant to article 40(1) of the Statute of the I.C.J. (“Statute”). Therefore, Aprophe and Rantania have accepted the jurisdiction of the I.C.J. pursuant to Article 36(1) of the Statute.

QUESTIONS PRESENTED

I.

Whether the Court is without jurisdiction over the Applicant’s claims,

since the Adler's regime and its representatives cannot appear before the court

in the name of the Republic of Aprophe

II.

Whether the use of force against Aprophe in the context of Operation Uniting for Democracy is not attributable to Rantania, and in any event, that use of force was not illegal.

III.

Whether since the exercise jurisdiction by Rantanian courts in the case of Turbando, et al., v. The Republic of Aprophe was consistent with international law,

Rantanian officials may execute the judgment in that case.

IV.

Whether Aprophe violated international law

by destroying a building of the Temple of Mai Tacao.

STATEMENTS OF FACTS

PARTIES OF THE CASE

Aprophe is a developing state with a population of about 50 million people. Federal Republic of Rantania is a developing industrial economy state.

THE MAI TACAO TEMPLE

The Mai Tacao complex is one of the most famous religious and archeological sites in the world. Both Herodotus and Sima Qian wrote about Mai Tacao, each remarked upon its tremendous significance to a variety of cultures, Mai Tacao also was a birthplace of Isah Loren. Over 500,000 tourists visit the site each year, including tens of thousands of Aprophian and Rantanian nationals, who regard the site as central to cultural heritage. The complex consist of only seven buildings. Mai tacao was even inscribed in the World heritage list in 1988.

MILITARY INTERNEES AND TREATY 1965

There was no settled boundary between Aprophe and Rantania at the time of Aprophe’s founding. As a result, there were many conflicts, concerning Mai Tacao temple. The most recent of them began in 1962. From 1962 to 1964, the Aprophian elite unit of the army pursued the villagers of unknown nationality into Rantanian territory near the Mai Tacao site. Resulting this Aprophian conduct hundreds of civilians were dead, many towns and villages were destroyed. More than half thousand of civilians were forced to labor to provide goods and services to the army in shifts of 12 hours a day without payment. By the end of 1965 Aprophe and Rantania concluded a peace Agreement("the 1965 Treaty") that established a border delimitation.

Date: 2015-12-11; view: 916