INTERNATIONAL COURT OF JUSTICE

SPECIAL AGREEMENT
BETWEEN THE REPUBLIC OF ARISTA
(APPLICANT)
AND THE FEDERAL STATES OF RAVAR (RESPONDENT)
TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE
THE DIFFERENCES BETWEEN THE STATES
CONCERNING THE VINTHI MIGRANTS
jointly notified to the Court on 19 September 2015

JOINT NOTIFICATION
ADDRESSED TO THE REGISTRAR OF THE COURT

The Hague, 19 September 2015

On behalf of the Republic of Arista (the Applicant) and the Federal States of Ravar (the
Respondent), in accordance with Article 40(1) of the Statute of the International Court of
Justice, we have the honor to transmit to you an original of the Special Agreement between the
Applicant and the Respondent concerning the Vinthi Migrants, signed in The Hague, The
Netherlands, on the 19th day of September in the year two thousand fifteen

Adrianna Theeler

Ros Buck

Ambassador of the Republic of

Arista to the Kingdom of The
Netherlands

Ambassador of the Federal States of

Ravar to the Kingdom of The
Netherlands

SPECIAL AGREEMENT
SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE
BY THE REPUBLIC OF ARISTA AND THE FEDERAL STATES OF RAVAR
ON THE DIFFERENCES BETWEEN THEM CONCERNING
THE VINTHI MIGRANTS
The Republic of Arista and the Federal States of Ravar (hereinafter referred to as the
Parties),
Considering that differences have arisen between them concerning the Vinthi Migrants;
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 the Court) for settling this dispute;
In furtherance thereof, the Parties have concluded the following Special Agreement:
Article 1
The Parties submit the questions contained in the Special Agreement (together with Corrections
and Clarifications to follow) (the Case) to the Court pursuant to Article 40(1) of the Courts
Statute.
Article 2
It is agreed by the Parties that the Republic of Arista shall act as Applicant and the Federal States
of Ravar 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
international law, including 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)

Procedures shall be regulated in accordance with the applicable provisions of the Official
Rules of the 2016 ILS Cup: Public International Law Moot Court Competition.

(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 2016 ILS Cup: Public International Law Moot Court Competition
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.

(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 19th day of September in the year two thousand
fifteen, in triplicate in the English language.

Adrianna Theeler

Ros Buck

Ambassador of the Republic of

Arista to the Kingdom of The
Netherlands

Ambassador of the Federal States of

Ravar to the Kingdom of The
Netherlands

The 2016 ILS Cup: Public International Law

Moot Court Competition

**SPECIAL AGREEMENT**
The Republic of Arista v. The Federal States of Ravar

The Case Concerning Vinthi Migrants

1. The Republic of Arista, a developing, newly industrialized state, and the Federal States of
Ravar, a developed, industrialized state, are separated by the KhuTan Mountain Range. Arista
belongs to the continent of Andhal in the east while Ravar is located on the continent of Rhatsa
in the west.

2. Following its independence in 1950 from the colonial forces of Yvesol, the states of Pintana,
Prahsa and Parhul became the Republic of Arista. For much of Aristas history, its economy
was based on small-scale mining and ecotourism. The coasts of the low-lying regions of Prahsa
and Parhul are known for their beaches while the mountainous region of Pintana is known as a
spelunking haven where explorers can venture into caves, both natural and man-made, and
tunnels which were once hideouts for Vinthi rebels during the Yvesolian occupation. The highest
point in Pintana Island is Mt. Pamfall at 19,341 feet above sea level which has been home to the
Vinthi people since the 1850. A small percentage of the population of Vinthi people originally
lived in the low-lying regions of Prahsa and Parhul but because of the Yvesolian occupation,
they were forced to live in the mountains of Pintana.

3. Arista is home to 3,000,000 people. About 50% of the population lives on less than $1 a day.
The average annual gross domestic product of Arista is around $5 billion dollars. The capital of
Arista is Prahsa. Prahsa and Parhul host 80% of the Aristans population.

4. The Federal States of Ravar has a population of approximately 8,000,000 people. About 10%
of the population lives on less than $1 a day. The average yearly gross domestic product of Ravar
is around $5 trillion dollars. Ravar has two alternate seasons: summer during the months of
October to March and rainy during April to September. Since the beginning of the 21st century
and due to the advent of climate change, the summer season becomes significantly longer than
the rainy season. The capital of Ravar is Yumar.

5. In the 1960s, Ravarian geologists discovered significant reserves of anthracite coal within the
mountains of Pintana. However, at that time, it was not technologically feasible to exploit these
deposits.

6. Between 1970 and 1973, Arista and Ravar engaged in extensive negotiation on the
demarcation of their territorial claims in the KhuTan Mountain Range, resulting in a treaty dated
30 March 1976. The respective rights of the parties are set out in the extracts of the 1976
KhuTan Mountain Range Treaty at Annex A hereto. The treaty was duly registered with the
Secretary General of the United Nations.
7. The KhuTan Mountain Range Treaty of 1976 was hailed by both sides as a historic
achievement, which allowed Arista and Ravar to protect vital natural resources within the
KhuTan Mountain Range. The whereas clauses of the Treaty do provide, however, that a key
shared objective of the parties to the Treaty was to balance, and insofar as possible, to
promote, the interests of the State Parties in respect of exploration, exploitation, and protection
of this mountain range area of great importance to them both. Both parties ratified the KhuTan
Mountain Range Treaty in 1977. A year after, the Ravarian House of Representatives enacted the
Mining Act of 1978 which requires mining licensees to obtain periodic environmental reports
on any mining or mining-related activity conducted in the KhuTan Mountain Range.
8. In the mid-1980s, the tourism industry in Arista hit an all-time high. Investment poured from
foreign investors which paved the way for significant infrastructure improvements in the form of
railways, roadways, ports and airports. Alongside this boom in the tourism industry, many

foreign mining companies took interest in the exploration of the mountainous regions of Pintana
and the possibility of extracting rocks, precious minerals or mineral deposits therefrom.

9. In January 2000, the Aristan government entered into a mining-project agreement with
TRATVIA INDUSTRIES INC. (hereinafter Tratvia), a newly established and licensed
Ravarian mining company owned by Adair Vishna. Vishna was a member of the Ravarian House
of Representatives for nine years (1989-1998). Vishna formerly headed the House Committee on
Environmental Protection. After the approval of the environmental impact report by the Aristan
Ministry on Environment (AME), it took two months for Tratvia to establish itself in the
mountains of Pintana and begin the mining activities.

10. The contract provides that Tratvia will provide the necessary technology and services for any
mining and mining-related activity. All profits will be divided equally between the governments
of Arista and Ravar. Tratvia will be paid a reasonable compensation for its services.

11. Tratvia employed thousands of Aristan nationals, including the Vinthis. Tratvia used a type
of surface mining called strip-mining. In the 2003, in the Andhal Leaders Summit, the mining
project was hailed by President Sabda of Arista as a ground breaking project that tops any
mining endeavor in recent human history. In 2004, the GDP of Arista reached an all-time high,
79% of which came from the mining sector. On the flipside, the unemployment was at an alltime low, at 12%.

12. In 2004, the International League for Sustainable Advocacy (ILSA), an independent antimining advocacy group based in Rhatsa, published a report that despite the successes of the
mining project in Arista, significant environmental impact will occur in about six years or upon
the completion of the extraction process. Tratvia ignored this report. In a press conference,
Vishna, while holding a renewed environmental impact report issued in 2005 by the AME, even
stated, the mining endeavour in Arista is almost at its end. We cannot be tolled by any isolated
report without any scientific basis. We soon shall reap the fruits of our labor.

13. After the conclusion of the agreement, 450,000 metric tons of anthracite coal were extracted
from the KhuTan Mountain Range. In April 2011, the 450,000 metric tons of coal were
temporarily stored in the Tratvia warehouse facility in Mt. Lufor (elevation: 19,981 feet above
sea level). Mt. Lufor is located in the area of the KhuTan Mountain Range within the exclusive
jurisdiction of Ravar. The Tratvia Industries Inc. Warehouse facility was established in 1990
which was used for gas and liquid fuel. When the mining project agreement was entered into, the
facility was converted into an open area where coal is stacked.

14. In mid-April, a fire broke out in the Tratvia facility. It took two full days to quench the fire.
Investigations by Ravarian police revealed that the fire was caused by excessive heat and a
sudden upsurge in temperature in the Tratvia facility. The fire and the debris from the burnt coal
caused the air to thicken and soon, employees of the Tratvia facility were laid off after several of
them developed lung problems. Dust accumulated like a fog over the mountains and the wind
from the east drove the dust over to the Aristan border.

15. In a few months, the circumstances became too unbearable for the inhabitants of Mt. Pamfall.
The infants were getting sickly and their well water became contaminated. Around 750 Vinthis,
majority of whom were employed in industries in Prahsa and Parhul and are living in the lower
regions of the mountains, descended from the mountains and settled in the regions of Prahsa.

16. However, another 1,000 Vinthis, consisting mostly of former rebels and their families
refused to settle in the region of Prahsa and Parhul because they prefer the life in the mountains.
Instead, they attempted to cross the border over to Ravar through the lower mountains of
KhuTan. Their attempts proved unsuccessful. They were detained by Ravarian immigration
authorities and brought to the Yumarian Refugee Center (YRC) under the Ravarian Bureau of
Immigration.

17. In early 2012, a severe bronchial infection spread throughout the refugee center that it
became necessary to quarantine the area for two weeks. Around 77 Vinthis, mostly children
below 10 years old and women, died. Around 50 others developed complications. The Aristan
government immediately sent medical personnel to assist in the treatment of the disease.

18. In response to this, Vinthi leaders engaged in negotiation with the immigration authorities to
provide for better living conditions in the center. The Vinthi leaders contended that the children
and the women are not used to living in cramped up living spaces. They also argued that the
YRC resembles a detention facility as the same was formerly used as a minimum security prison.
The Vinthis also complained about inadequate food and water and lack of access to medical
services. Psychologists also determined that the quarantine had a negative impact on the
psychiatric health of the detainees. The immigration authorities dismissed such averments.

19. Despite the quarantine, the Ravarians, specifically those in Yumar, feared that they will
contract the infection from the Vinthi people. Several protests and rallies were conducted.
Petitions for the ouster and transfer of the Vinthis were submitted by lobbyists before the House
of Representatives. Classes were suspended and offices were closed. Due to these outcries, the
Government of Ravaria forged a written deal with the Zoivel, a nearby archipelago whose
facilities were suited to the needs of the Vinthi people. Queen Frandia Ergal, the political and
royal leader of Zoivel, personally, signed the deal with Ravar President Acman Anda.

20. A number of international human rights non-governmental organizations vigorously

protested the proposed transfer. One of these NGOs, Immigration Law Society (ILS), published a
report declaring in part:

The ILS is concerned with the transfer of the refugees from YRC to a nation, which has,
at best, a dubious track record on human rights. This decision should not veer us away
from the omission by Ravarian authorities to improve their facilities for the Vinthis.
Shifting the burden to the Kingdom of Zoivel will only worsen the condition of the lives of
the refugees.

21. The Kingdom of Zoivel is a state-party to the International Convention on Civil and Political
Rights. It used to be a haven for international refugees until a civil war broke out in 1985. Since
then, human rights violations became rampant in Zoivel and prosecution thereof became scarce.
Nevertheless, the facilities for refugees were well-preserved. The queen, in her State of the

Kingdom address, promised to invest funds to combat and prosecute human rights violations in
Zoivel. The capital of Zoivel is the head office of the only World Health Organization Center for
Disease Control (WHO-CDC) facility in Andhal.

22. The Aristan government objected in the strongest terms the transfer of the Vinthi people to
the Kingdom of Zoivel. President Sabda issued a public statement:
Our government urges the Ravarian government to cut the deal with the government of
Zoivel as to the proposed transfer of the Vinthis to Zoivel. Their plight is caused by the
negligence of the Ravarian government in the mountains of KhuTan. And it is their
responsibility to provide the Vinthi migrants with decent living facilities and to supply
them with their basic needs. To transfer the Vinthis to Zoivel is a violation of
international law..

23. The head of the Bureau of Foreign Affairs of Ravar, responded in a declaration, saying:
The arrival of the Vinthis in Ravarian territory is an infringement of our immigration
laws. The government has the absolute jurisdiction to deal with these illegal aliens. In
fact, their arrival posed a grave danger to the health and well-being of our nationals.
Any action to be taken by our government is purely domestic matter and needs no
interference from any state.

24. Arista and Ravar became members of the United Nations in 1947. Both signed and ratified
the International Convention on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Vienna Convention on the Law of Treaties, the
Convention Relating to the Status of Refugees, and the Protocol Relating to the Status of
Refugees. Both states also signed and ratified the Stockholm Declaration, the United Nations
Framework Convention on Climate Change and the 1979 Convention on Long-range
Transboundary Air Pollution.

25. The Republic of Arista requests the Court to adjudge and declare that:

(1) Ravars acts and omissions with respect to the conduct of the mining project
violated international law;
(2) Ravars failure to process the migrants, its treatment of the detained Vinthi people and
the proposed transfer to Zoivel, violated international law

26. The Federal States of Ravar requests the Court to adjudge and declare that:

(1) Ravars conduct with respect to the mining project complied in all respects with its
obligations under international law and the terms of the KhuTan Mountain Range
Treaty;

(2) Ravar has not violated international law in its treatment of the migrants from Arista,
and that the Vinthi people are being treated in accordance with the obligations of Ravar
under international law and their proposed transfer to Zoivel is legal.

Annex A
Excerpts from the 1976 KhuTan Mountain Range Treaty between the Republic
of Arista (Arista) and the Federal States of Ravar (Ravar)

Article 6
The KhuTan Mountain Range and all rocks, minerals and mineral deposits therefrom are
considered as shared national resources by Arista and Ravar.

Article 10
All mining and mining-related activities shall ensure the protection of the environment by
taking into consideration the Contracting Parties respective national and environmental
legislation.

Article 12
(a) the First Party [Arista] may explore, exploit, and protect the natural and mineral
resources in the mountain range area.
(b) the Second Party [Ravar] may explore and exploit the natural and mineral resources of
the mountain range by providing the necessary technology and services for any mining or
mining-related activity

Article 14
Contracting Parties are obliged to make full disclosure of any relevant information concerning
the environmental impact of any mining and mining-related activity performed under the
Treaty.