The Democratic Republic of Kitana (Applicant) Versus. The Republic of
Helenga (Respondent) Facts: The Republic of Helenga herein after Helenga is a land locked country in the continent of Lumia. Though rich in both Mineral resources and Biological diversity, it is listed as a Least Developed Country by the Economic and Social Council of the United Nations. Helenga is home to the Helenga Zebra, which is listed in Appendix I of CITES as an endangered species. Throughout the last century, the Helenga Zebra had faced, primarily due to poaching, a reduction of almost 90% in its population. In 2005, a State protected nature reserve (Rabbi Moslem Nature Reserve) was established by Helenga for the protection of the said Zebra. Since then its population has remained stable at approximately 1,200. Helenga gained independence in the year 1992 under the leadership of Rabbi Moslem who subsequently became its first president. Rabbi Moslem was re-elected president for a second time in 1998. However, at that time the Constitution of Helenga prohibited any person from serving more than two terms as President. However, in 2003 through an amendment to the Constitution he was permitted to stand for the election one more time, and was elected unopposed. However, the parliament refused to amend the Constitution a second time in 2009 to permit his re-election. As a result, he forcibly dissolved the parliament, declared martial Law and suspended the Constitution. Opposition members who stood against him were jailed. Thereby, leading to his unopposed re-election as President in 2010. Since 2010, the economy of the Helenga has collapsed and living conditions for its people have deteriorated significantly. The food production in the state has come
to a standstill, so much so that it now relies on international food assistance to
prevent widespread famine. On the other hand, the Democratic Republic of Kitana herein after Kitana is located 4,800 km away from Helenga, in the continent of Pacifik. It has one of the worlds fastest growing economies and has even been described as the manufacturing capital of the world. However, the amount of natural resources (per capita) available within the territory of the Kitana is far below the international average. In the year 2015, the Republic of Helenga and the Democratic Republic of Kitana entered into a Bilateral Investment treaty KABIT with the aim of creating favorable conditions for greater economic cooperation. Subsequently, KitKat a state owned entity of Kitana entered into an agreement with the Republic of Helenga for the exclusive right of extracting mineral resources from the Rabbi Moslem Natural Reserve on the payment of 100 million USD to the Helenga Government. The Rabbi Moslem government was however overthrown in a civil war in 2016 under the leadership of a revolutionary named B.C. May. On coming to power the government conducted an EIA (Environment Impact Assessment) of the proposed mining project. Based on the findings of the EIA it suspended and subsequently revoked all mining activitys rights within the reserve. The government of Helenga refuses to pay any compensation for the suspension of the mining activities. The Negotiations, which followed between the states, failed. Pursuant to a special agreement the dispute is now referred to the UN International Court of Justice for final resolution. Please Note: 1. The Facts should be presumed to be correct and to be true. 2. The contesting parties are the members of the UN.
3.
The International Law (as on 22.08.2016) is applicable to the contesting