Tulsipur Metro Nepal Applicant Memorial
Tulsipur Metro Nepal Applicant Memorial
Tulsipur Metro Nepal Applicant Memorial
THE NETHERLANDS
2023
V.
INDEX OF AUTHORITIES
Treaties and Conventions
The Charter of United Nations
Amended Protocol II to the Convention on Certain Conventional Weapons, Article 3(7) ,
Protocol III to the Convention on Certain Conventional Weapons, Article 2(1)
Customary International Humanitarian Law
The 2000 draft of the Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Violations of International Human Rights and Humanitarian
Law
United Nations Documents
ILC Draft Articles on Responsibility of States for Internationally Wrongful Act, (2001),
U.N. Doc. A/56/10 [ILC Articles]
UNGA, Economic Measures as a means of Political and Economic Coercion against
Developing Countries, UN Doc A/38/535 (25th October (1993)
Books and Articles
BROWNLIE, USE OF FORCE, p. 364
D J HARRIS, CASES AND MATERIALS ON INTERNATIONAL LAW, LONDON
SWEET & MAXWELL, p. 890 (6th ed., 2004)
H. STEINBERGER, ‘SOVEREIGNTY’, IN MAX PLANK INSTITUTE OF
COMPARATIVE PUBLIC LAW AND INTERNATIONAL LAW, ENCYCLOPEDIA
FOR PUBLIC INTERNATIONAL LAW, OXFORD UNIVERSITY PRESS, Vol. 10
(NORTH HOLAND, 1987) p. 609
1970 Declaration on Principles of International Law
LOWENFELD, INTERNATIONAL ECONOMIC LAW, p.698 (2nd Edition, Oxford
University Press, (2002)
ILC Draft Articles on Responsibility of States for Internationally Wrongful Act, (2001),
U.N. Doc. A/56/10 [ILC Articles] Article 1
Malcolm Shaw, International Law 709 (2005)
Richard D. Porotsky, Economic Coercion and the General Assembly: A Post-Cold War
Assessment of the Legality and Utility of the Thirty-Five-Year-Old Embargo Against
Cuba, 28 VAND. J. TRANSNAT'L L. 901, 918 (1995)
William H. Kaempfer& Anton D. Lowenber, A Public Choice Analysis of the Political
Economy of International Sanctions, in Sanctions as Economic Statecraft 162 (Steven
Chan & A. Cooper Drury eds. 2000)
CF. SHAW, 6 INTERNATIONAL LAW 1039 (Cambridge University Press, Cambridge,
( 2003)
STEIN/VON BUTTLAR, VOLKERRECHT 243 (Heymanns, Auflage, (2000).
“OPERATION SHINING STAR” AND IN ITS ATTACKS ON BOTH NANT GATEWAY AND
COMPOUND ARDAN, AND MUST PAY REPARATIONS TO AGLOVALE FOR THE DEATHS OF THE
ISSUE I
MUST PAY REPARATIONS TO AGLOVALE FOR THE DEATHS OF THE EIGHT AGLOVALEAN
NATIONALS ?
OR
Pleading 01
The loss of life caused by the Military Campaign of Ragnell has been recognized as constituting
an act of Aggression violated territorial integrity and sovereign equality of the Nations by
launching Operation Shining Star. Ragnell violate the international law by not demarcating
military objects and civilian objects by attacking in Nant Gateway and Compound Ardan. It
breaches of such obligation, so Aglovale is have an inherent right to get compensation due to
international wrong full act So it gives rise to compensation.
ISSUE II
As conflict in Clarent Belt considering an International Armed Conflict they got the protected
status of prisoners of war. Rangnell has violated its treaty obligations by employing them in a
forced labor and dangerous labor as prescribed by international law . Protected persons accused
of offences shall be detained in the occupied country so it shouldn’t be transferred forcefully
without any due process.
ISSUE III
Aglovale has acted as per treaty obligations where the Ragnell has violates the treaty provisions
of basic principles of it, Where it just a counter measure. Unilateral sanctions are just a counter
measure rather than any economic or commercial gain. It is just an act of counter measure which
is justified under the international law. Thus Aglovale doesn’t have any obligation to withdraw
the sanctions and their property with no question of compensation.
ISSUE IV
WHETHER RAGNELL VIOLATED ITS TREATY OBLIGATIONS IN
TRANSPORTING HAZARDOUS PLASTIC WASTE TO ETNA, WHEREAS
AGLOVALE COMPLIED WITH THE TREATY IN CONDITIONING COOPERATION
REGARDING TREATMENT OF THE WASTE ON THE TERMINATION OF
RAGNELL’S AGGRESSION?
Ragnell has violated the international humanitarian law, Customary international law, principle
of human rights and environmental law while transporting the hazardous plastic waste to Etna .
As a result, Aglovale has complied with treaty conditions and takes a refuse of waste for a
counter measure of act of Aggression which ultimately shows the complied with the treaty.
A.
B.
C. ADVANCED PLEADINGS
D. ISSUE I
i A.The Use Of Force By Ragnell Amounted To The Violation Of The Provisions Of The
U.N. Charter On The Use Of Force.
Aglovale and Ragnell, being a member country of the U.N. 1 are under an obligation to act in
accordance with the U.N. Charter. The U.N. Charter has various provisions prohibiting the use of
force.2 It is submitted that the threat to use of force, and the use of force by Ragnell violated the
provisions of the U.N. Charter. The art. 2(4) of the U.N. Charter prohibits the threat of use of
force as well as the use of force by its members 3. Further art. 2(3) states that the international
disputes between members shall be settled by peaceful means4 . The ICJ, in the Congo case5 and
the Nicaragua6 Case, has highlighted that the use of force, without valid defense, violates art. 2
(4).
1
Moot Proposition , Para 64
2
U.N. Charter Preamble, Art. 1(1), 2(4), 42.
3
BROWNLIE, USE OF FORCE, p. 364
4
U.N. Charter art. 2(3)
5
DRC v. Uganda (Case concerning Armed Activities on the Territory of Congo) Judgement, ICJ Rep 2005, ¶42-
165 and 345 [Hereinafter referred as DRC v. Congo]
6
Nicaragua v. U.S. (Military and Paramilitary Activities in and against Nicaragua), Merits, ICJ Rep 1986
[Hereinafter referred as Nicaragua Case]
In the present case, the use of military campaign by initiating operation shining star and the use
of bomb with military action by Ragnell led coalition forces amounted to a series of armed
attacks. Thus, the series of armed attacks amounted to use of force by Ragnell is against the
principle of equal sovereignty.
7
Art 2(4)
8
1970 Declaration on Principles of International Law
9
Nicaragua v. U.S. (1986)
10
Amended Protocol II to the Convention on Certain Conventional Weapons, Article 3(7) , Protocol III to the
Convention on Certain Conventional Weapons, Article 2(1)
11
ICJ, Nuclear Weapons case, Advisory Opinion
12
Customary IHL - Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives (icrc.org)
As far as Case is concerned Ragnell’s military leadership, Attacked on Nant Gateway,
Compound Ardan and Warehouse having concluded that there were no civilians in or around the
Compound, authorized a bombing raid on the four buildings and on Warehouse 15 which
resulted to death of 76 civilians which clearly shows they did not distinct between Civilian
Object and Military Objects.
13
Provides those who claim to be victims of human rights or humanitarian law violations with equal and effective
access to the state, as described below, irrespective of who may ultimately bearer of responsibility for the
violation.
14
Provide effective remedies victims, including eeperations.
ISSUE II
15
Moot Proposition , Para 38
16
Drewes, Julia L.; et al. (5 August 2022). "Human Colon Cancer-Derived Clostridioides difficile Strains Drive
Colonic Tumorigenesis in Mice". Cancer Discovery. 12 (8): 1873–1885. doi:10.1158/2159-8290.CD-21-
1273. PMC 9357196. PMID 35678528.
17
Tong SY, Davis JS, Eichenberger E, Holland TL, Fowler VG (July 2015). "Staphylococcus aureus infections:
epidemiology, pathophysiology, clinical manifestations, and management". Clinical Microbiology Reviews. 28 (3):
603–661.
occupied country, and if convicted they shall serve their sentences therein." This means that if a
civilian is accused of a crime, they should be detained in the occupied territory and if they are
convicted, they should serve their sentence in the occupied territory as well. This provision is
intended to ensure that civilians are not removed from the protection of the Fourth Geneva
Convention by being transferred to another country.
ISSUE III
18
LOWENFELD, INTERNATIONAL ECONOMIC LAW, p.698 (2nd Edition, Oxford University Press, (2002)
Economic sanctions are differentiated from Economic Coercion in that fact that the former are
not usually measures taken for economic gain, and often at commercial sacrifice. 19The sanctions
imposed by Aglovale have been imposed only as long as Ragnell refuses to comply with
International Law20 and are thus clearly not motivated by economic or commercial gain.
Furthermore, such sanctions expressly reflect Aglovale disapproval of the acts of Ragnellwith a
view to maintain international peace. Hence, the sanctions imposed by Aglovale do not amount
to Economic Coercion.
19
Ibid
20
Moot Proposition , Para 52
21
ILC Draft Articles on Responsibility of States for Internationally Wrongful Act, (2001), U.N. Doc. A/56/10 [ILC
Articles] Article 1
22
Malcolm Shaw, International Law 709 (2005).
23
Richard D. Porotsky, Economic Coercion and the General Assembly: A Post-Cold War Assessment of the
Legality and Utility of the Thirty-Five-Year-Old Embargo Against Cuba, 28 VAND. J. TRANSNAT'L L. 901, 918
(1995)
sanctions are justified or not.24A violation of international law is a justification for the enactment
of economic sanctions, which can be take any shape where the act of Aglovale and Balan have
collectively declared that due to the war of aggression. There is no clear consensus in
International Law as to when coercive measures are improper, despite relevant treaties,
declarations and resolutions adopted in international organizations, which try to develop norms
limiting the use of such measures25. Thus we humbly submit to the court that there is no any clear
provision for the unilateral sanctions in international where burden of proof lies to Ragnell due to
contention and it need to be prove beyond Reasonable doubt.
24
William H. Kaempfer& Anton D. Lowenber, A Public Choice Analysis of the Political Economy of International
Sanctions, in Sanctions as Economic Statecraft 162 (Steven Chan & A. Cooper Drury eds. 2000)
25
UNGA, Economic Measures as a means of Political and Economic Coercion against Developing Countries: Note
by the Secretary General, UN Doc A/38/535 (25th October 1993)
ISSUE IV
Art 2 of Trilateral Treaty of Lasting Peace states that Parties shall apply amongst themselves the
provisions of the Charter of the United Nations and the principles of conventional and customary
international law governing friendly relations among states. The Parties shall adhere to and be
bound by all applicable principles of human rights and international humanitarian law and shall
take all necessary measures to prevent violations of those principles. As case is concerned
Ragnell has violated its obligations towards the Gais Peninsula through the interference and
violated the territorial integrity and sovereignty of Balan.
26
Moot Proposition , Para 45
2. AGLOVALE COMPLIED WITH THE TREATY IN CONDITIONING
COOPERATION REGARDING TREATMENT OF THE WASTE ON THE
TERMINATION OF RAGNELL’S AGGRESSION
As a matter of law, Aglovale claims that Ragnell has acted in violation of Article 2(4) of the
United Nations Charter27, and of customary law obligation to refrain from the threat or use of
force. The principle of territorial integrity of states is well established and protected by a series
of consequential rules prohibiting interference within the domestic jurisdiction of states as for
example Article 2(7).28 The prohibition on intervention between states has its foundation in
customary law and is based on the principle of sovereignty of the states.29 International law
prohibits intervention in conflict with civil war within another country, supports incitement to
subversive, terrorist or armed activities intended to lead to overthrowing power relationships. 30
As an act of Aggression done by the Ragnell has violated the treaty obligations. Where
asAglovale has negotiated with Ragnell for transfer of the waste management, but it couldn’t
reach to the conclusion.31 The waste management negotiations scheduled is Cancelled whereas
Ragnell government doesn’t seems to be responsible for military activities in the Clarent Belt.
After this event they never tried for the renegotiation where Aglovale just acted as a counter
measure rather than any gain or motive behind the decision not to breach the treaty obligations.
Negotiations doesn’t reach to conclusion it doesn’t mean to violation of treaty obligations. Thus,
there is not any sufficient nexus to prove that Aglovale has violated its treaty obligations.
27
Article 2(4) of the United Nations Charter, 1945
28
The Charter, Id., Article 2(7)
29
CF. SHAW, 6 INTERNATIONAL LAW 1039 (Cambridge University Press, Cambridge, 2003)
30
STEIN/VON BUTTLAR, VOLKERRECHT 243 (Heymanns, Auflage, (2000).
31
Moot Proposition , Para 39
CONCLUSION AND PRAYER FOR RELIEF
The Kingdom of Aglovale respectfully requests this Court to declare:Wherefore, in the light of
the facts of the case, issues raised, arguments advanced and authorities cited, this Court may be
pleased to adjudge and declare that:
1. Ragnell has violated its Treaty obligations in launching “Operation Shining Star” and in its
attacks on both Nant Gateway and Compound Ardan, and must pay reparations to Aglovale for
the deaths of the eight Aglovalean nationals,
2. Ragnell violated its Treaty obligations by employing captured UAC fighters in the
transportation of contaminated plastic waste, and by detaining them in Camlann Correctional
Center,
3. Aglovale acted in accordance with the Treaty in imposing unilateral sanctions against Ragnell
and Ragnellian nationals, and has no obligation to withdraw the sanctions, to return any property,
or to compensate Ragnell for their impact,
4. Ragnell violated its Treaty obligations in transporting hazardous plastic waste to Etna,
whereas Aglovale complied with the Treaty in conditioning cooperation regarding treatment of
the waste on the termination of Ragnell’s aggression.
Respectfully submitted.