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9TH NATIONAL MOOT COURT COMPETITION, 2016

MOOT PROBLEM

1. Kylosia was one of the first countries in the world that embraced communism in the year
1920. In spite of its communist propaganda, it relied heavily on military propaganda and
spend a major portion of its budget on defense projects, nuclear programme and arsenal.

2. Its main political party Chesodka, had grand imperialistic ambitions and virtually controlled
the political and economic affairs of its neighbouring countries.
3. Kylosia was formed by consolidating a number of nations that were independent in the 19th
century. Before the advent of modern international law which prohibited use of force or
threat of use of force and annexation, Kylosia annexed a sizeable portion of sovereign
nations and made it a part of its empire.

4. Kylosia used its power and resources to control the foreign policies of the remaining
neighboring countries.

5. Kylosian economy started to falter in the 1990s due to heavy spending on weapons and
nuclear armaments. The Kylosian economy remained a closed one and did not adapt itself to
the economic integration model.

6. Due to the rising demand for development and respect for human rights, the great Kylosian
Empire started experiencing voices of dissent. The empire broke up into 15 independent
sovereign states.

7. One of the biggest unit of Kylosia, Vadertham unilaterally declared its independence from
Kylosia in 1991.

8. However, Kylosia under President Uberhauser regained its strength by exploiting the natural
gas resources and oil pipelines in the surrounding areas.

9. Meanwhile, Vadertham had its own share of problems. Vadertham remained to be bullied by
Kylosian government.
10. From mid 1990s until 2004 Vaderthams political scene was dominated by Dukuma and
oligarchic clans. His rule was characterized by nepotism and corruption .Vaderthams 2004
Presidential elections were marred by electoral fraud and it triggered massive street protests.
Mr. Ernst Drago succeeded Mr. Dukuma as the next President.

11. During President Drago time, a geo politic affair gained international attention. Etermia
peninsula belonging to Vadertham consisted of a large population whose ethnicity belonged
to Kylosia. A large section of the population of the peninsula had ethnic roots in Kylosia and
had migrated from Kylosia to Vadertham. Kylosia had found popular support from the
citizen of Vadertham.

12. Mr. Vegatino, the political opponent of Ernst Drago was seen as a pro reform figure who
had advocated a democratic government with an open economy. Under him, the nation state
of Vadertham underwent a cultural revolution. People started demanding democratic reforms
and there were clashes between the supporters of Vegatino and that of President Drago.

13. Things were worse in Etermia as it had geo political advantage of being rich in natural gas.
Its strategic position was of special importance to Kylosia as it wanted to exploit its natural
gas resources and at the same time Kylosian supporters in Etermia always felt a sense of
belongingness to their original motherland.

14. In a sudden turn of events, Kylosian President Uberhauser stationed some of its troops inside
the Etermia peninsula at the request of the Vadertham President Drago. The troops continued
to be stationed inside the peninsula. Dissension arose in the Etermia area and people
demanded a plebiscite where they wanted to be merged into Kylosia.

15. In the next election President Drago lost to his rival Vegatino. Vegatino now raised his
voice against the presence of Kylosian troops in the Etermia Peninsula and vehemently
criticized the secession movement in the Etermia area.

The new government was not

recognized by the State of Kylosia.

16. World Nations (to be read pari materia with United Nations) was an international
organization created to bring peace in the world affairs. Both Kylosia and Vadertham
became its members.

17. World Nations had inscribed in its treaty certain Purposes and Principles (read pari materia
Art 1 and Art 2 of UN Charter) which attained the status quo of jus cogens in modern
International Law. Art 2 (4) clearly mentioned that member states of World Nations shall not
resort to threat or use of force against the territorial integrity and political independence of
other member states.

18. World Nations had its judicial wing namely World Court (read pari materia with
International Court of Justice) which settled disputes between the members of the World
Nations. Both Kylosia and Vadertahm had acceded to its jurisdiction.

19. President Vegatino approached the World Court alleging that by placing its troops in the
island of Etermia, Kylosia had violated Art 2 (4) of the World Nations.
20. The Legal representatives of Kylosia presented their case as that of invited intervention and
claimed that the troops had been stationed at the request of President Drago.

21. The counsels of Kylosia further argued that they were also protecting the ethnic Etermia
population who had sympathies with their original motherland. It was argued that it was a
necessary step to protect their ethnic groups and many Kylosian nationals who frequently
travelled from Kylosia to Etermia. In addition to this, the counsels also claimed that they
never recognized the new government of Vadertham and the unilateral declaration of
independence of Vadertham had no legal ramifications in International Law. It was further
argued that it was the government of Vadertham that was suppressing the human rights of
the Etermia region by suppressing the secessionist movement and the stationing of troops
was an act of self defense.

Frame the arguments from both the sides, which are to be based on the concept of Art 2(4)
UN Charter*.

*Argument can also include the idea of Invited intervention, secession in international law,
self-determination and self-defense or as the counsel thinks fit to argue upon.