Federal State of Ateles Outline

QUESTIONS RELATING TO PROTECTION OF FORESTS, RIGHTS OF
ENVIRONMENT DEFENDERS, AND STATE RESPONSIBILITY
FEDERAL STATE OF ATELES

Applicant
MAIN PLEADING
The Federal State of Ateles respectfully requests the Court to adjudge and declare that:
a. The Federal State of Ateles did not violate the TARA and other environmental
obligations (CBD, Rio, etc.) with the continued mining operations of OZEC; and
1. The Federal State of Ateles upholds the prevention of transboundary harm under
the Mineral Recovery Protocol of the Territorial Agreement between Rathakka and
Ateles (TARA)
Section 8. Prevention of Transboundary Harm from hazardous or potentially hazardous
activities. The present section and subsections apply to activities not prohibited by
international law which involve a risk of causing significant transboundary harm through
physical consequences:
a. The State of origin shall take all appropriate measures to prevent significant
transboundary harm or at any event to minimize risk thereof.
b. The State of origin shall take necessary legislative, administrative or other action to
ensure the prevention of significant transboundary harm or at any event to minimize the
risk thereof.
 Discussion on the concept of transboundary harm
 Cite case/s
2. The Federal State of Ateles adheres to Principle 2 of the 1992 Rio Declaration
Rio Declaration 1992 Principle 2. States have, in accordance with the Charter of the United
Nations and the principles of international law, the sovereign right to exploit their own
resources pursuant to their own environmental and developmental policies, and the
responsibility to ensure that activities within their jurisdiction or control do not cause damage
to the environment of other States or of areas beyond the limits of national jurisdiction.
 Principle 2 upholds the right of nation States to exploit their own natural resources on
two grounds: invocation of national sovereignty and right to self-determination.
 Principle 21 of the Stockholm Declaration
3. The Federal State of Ateles adheres to Article 1(2) of the International Covenant on
Civil and Political Rights and International Covenant on Economic, Social and
Cultural Rights.
ICCPR Article 1(2). All peoples may, for their own ends, freely dispose of their natural wealth
and resources without prejudice to any obligations arising out of international economic co-
operation, based upon the principle of mutual benefit, and international law. In no case may
a people be deprived of its own means of subsistence.
ICESCR Article 1 (2). All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of international
economic co-operation, based upon the principle of mutual benefit, and international law. In
no case may a people be deprived of its own means of subsistence.
 ICESCR Article 2 (3). Developing countries, with due regard to human rights and
their national economy, may determine to what extent they would guarantee the
economic rights recognized in the present Covenant to non-nationals.
 ICESCR Article 25. Nothing in the present Covenant shall be interpreted as impairing
the inherent right of all peoples to enjoy and utilize fully and freely their natural
wealth and resources.
 Discussion in relation to Principle 2 of the Rio Declaration on Environment and
Development. States have, in accordance with the Charter of the United Nations and
the principles of international law, the sovereign right to exploit their own resources
pursuant to their own environmental and developmental policies, and the
responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national
jurisdiction.
b. The Republic of Rathakka violated its obligations under the Catalunia Agreement
and other human rights agreements and conventions (ICCPR, ICESCR, UNBHR)
with respect to its treatment to ALIVE.
1. The Republic of Rathakka violated its obligations under the Catalunia Agreement
with respect to its treatment of ALIVE in relation to the implementation of Principle
10 of the 1992 Rio Declaration.
Catalunia Agreement Section 2. The Catalunia Agreement aims for the implementation of
Principle 10 of the 1992 Rio Declaration. Principle 10 emphasizes the importance of public
participation (active participation, access to information and access to justice) for addressing
environmental issues.
1992 Rio Declaration Principle 10. Environmental issues are best handled with the
participation of all concerned citizens, at the relevant level. At the national level, each
individual shall have appropriate access to information concerning the environment that is
held by public authorities, including information on hazardous materials and activities in their
communities, and the opportunity to participate in decision-making processes. States shall
facilitate and encourage public awareness and participation by making information widely
available. Effective access to judicial and administrative proceedings, including redress and
remedy, shall be provided.
 Discussion on the definition of environmental defenders and their rights
 Principle 23 of the 1982 World Charter for Nature
2. The Republic of Rathakka violated Article 19 (2) of the the International Covenant
on Civil and Political Rights
ICCPR Article 19 (2). Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other media of
his choice.
 The 1998 United Nations Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms
3. The Republic of Rathakka violated Article 3(8) of the Aarhus Convention

Aarhus Convention Article 3 (8). Each Party shall ensure that persons exercising their rights
in conformity with the provisions of this Convention shall not be penalized, persecuted or
harassed in any way for their involvement. This provision shall not affect the powers of
national courts to award reasonable costs in judicial proceedings.
 Principle 26 of the Rio Declaration on Environment and Development

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QUESTIONS RELATING TO PROTECTION OF FORESTS, RIGHTS OF

ENVIRONMENT DEFENDERS, AND STATE RESPONSIBILITY

FEDERAL STATE OF ATELES

3. The Republic of Rathakka violated Article 3(8) of the Aarhus Convention

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