Professional Documents
Culture Documents
OF
PROFESSIONAL STUDIES
INTERNATIONAL MOOT COURT 2013
4,5,6 October, 2013
VIVEKANANDA INSTITUTE
OF
PROFESSIONAL STUDIES
INTERNATIONAL MOOT COURT 2013
4-6 October, 2013
ABOUT US
1. Nimroth had been a colony of Acadia since 1600 AD. It had two regions, namely, Nimroth and
Winroth, separated by a 1643-kilometre long Elin river which emptied into the Nimroth Ocean. Winroth
originally belonged to the Raja of Gundustan which was later ceded to Acadia in 1924 through an
agreement. According to the agreement and the map attached to the agreement, the eastern bank of the
river Elinwas marked with a green ribbon (line) signifying the boundary between Gundustan and Acadian
Nimroth. Since Nimroth was a single colony, and a political State, the question of boundary demarcation
never arose. However, the colonial administration of Nimroth was controlled by two presidencies
Nimroth and Winroth. The administrative jurisdiction of Nimroth endedon the west bank of the Elin river
and the administrative jurisdiction of Winroth began with the east bank of Elin river, that is, the territory
east of Elin river was administered by the Winroth Presidency and the territory west of Elin river was
administered by Nimroth Presidency. The Elin River was used by riparian population of both Nimroth and
Winroth for drinking, navigation, fishing and agriculture purposes. Fishing and navigation had never
been a problem as both Presidencies were only the administrative units of an Acadian colony Nimroth.
2. In 1964, Nimroth gained independence from the Acadian rule as a result of a long bloodless
freedom struggle. Since the Winroth region insisted for a separate independent socialistState , partition of
Nimroth became inevitable. Nimroth was divided into Nimroth and Winroth, two independent states.
Nimroth is now called the Republic of Nimroth and Winroth is called the State of Winroth. Both became
members of the UN in 1964. What was the natural boundary that separated Nimroth and Gundustan
before 1924 became the boundary that now separates Nimroth and Winroth as independent countries.
3. Before independence of Nimroth, Acadia promoted the migration of its nationals to the Nimroth
region, despite Acadia being located in another continent, 4652 Kilometers away from Nimroth and
separated by the Maral Sea in the north. Now over 35 percent of the population of Nimroth is of Acadian
origin, which controls the economy of the Republic of Nimroth. Most of the Industrial establishments of
Acadia have their subsidiaries and manufacturing units in Nimroth. Nimroth is a highly industrialized
State with high per capita income. It has a population of 35 million according to the 2012 census. Its
economy is a prosperous mixed economy, with a vibrant private sector, a large state sector, and an
extensive social safety net. The government controls key areas such as the vital petroleum sector, through
extensive regulation and large-scale state-majority-owned enterprises. The country is richly endowed with
natural resources - petroleum, hydropower, fish, forests, and minerals -- and is highly dependent on the
petroleum sector, which accounts for the largest portion of its export revenue and about 20% of the
government revenue. Nimroth is the world's second-largest natural gas exporter; and seventh largest oil
exporter, after making one of its largest offshore oil finds in 2011. Nimroth saves state revenue from the
petroleum sector in the world's second largest sovereign wealth fund, valued at over US $900 billion in
January 2013 and uses the fund's return to help finance public expenses. After solid GDP growth in 2004-
07, the economy slowed down in 2008, and contracted in 2009, before returning to positive growth in
2010-12. Nevertheless, the government budget is set to remain in surplus.
5. State of Winroth is a small developing country compared to its rich and developed
neighbourNimroth. It does not have big power industries either. It has a population of 30 million
according to 2008 census. The economy remains export-dependent, with exports accounting for 60% of
the GDP that stood at roughly US $ 270 billion in the year 2000. Winroths exports, worth approximately
US$180 billion per annum, consist primarily of agricultural products, including fish and rice. Ten percent
of the population of Winroth is living below the poverty line. Winroth is one of the premier tourist
destinations in the world. Winroths economy receives around 7% of its GDP from international tourism
revenue a figure which is nonetheless substantial as it constitutes nearly US $ 16 billion.
6. Winroth has a socialist Government ever since its independence. During the partition of Nimroth
into two states, Winroth, got only 15 percent of the territory of colonial Nimroth and one fourth of the sea
coast (around 650 kilometers). The freedom struggle in Winroth was led mainly by the agricultural
labour. Mr.Esada of Labour party has been the Prime Minister of Winroth ever since its independence.
7. In 2001, Winroths state owned petroleum company called Win petroleum struck oil around the
Tokano island, located in the territorial sea of Winroth, six kilometers east of mouth of the river Elin. The
Tokano Island is approximately 6 miles (9.7 km) long and 2 miles (3.2 km) wide. It has a population of
156 people and all of them are involved in eco-tourism industry in the Island. The Mount Canaveral with
an elevation of 540 feet (160 m) is the highest point on the island and is located on a north-south ridge
occupying the island's center. The Staker Mountain, with an elevation of 511 feet (156 m), and Moore
Mountain, at 486 feet (148 m) are neighbouring summits along the ridge to the south of the island. The
terrain consists of low hills covered with temperate coniferous forests; the coastline is mainly granite
boulders, with a few rocky beaches and salt marshes. Winroth Pond, a small freshwater lake, stretches
down the eastern side of the island. Being warmer and more sheltered than the surrounding ocean, it is
used for recreation and one may occasionally see a sea plane, although no scheduled service is available.
8. On 21st November, 2001, Win Petroleum announced that its exploration well located around the
Tokano island was dug 350ft (106 metres) into the sea-bed and it produced good quality oil at the rate of
about 4,700 barrels-a-day.
9. In December 2002, Tsunami hit both Nimroth and Winroth. An unprecedented flood in the Elin
River had changed its course to the East of its original path swallowing 24 kilometres stretch
10. In April 2002, the Foreign Ministry of Nimroth received a SECRET marked Scientific Report
from the Acadian Foreign Ministry indicating the possibility of finding huge high-quality Petroleum
reserves in the offshore areas, in the territorial sea of Winroth. The Prime Minister of Nimroth asked the
Defence Minister to study the report and look into its implications to the old and unresolved territorial
dispute between Nimroth and Winroth that culminated into an understanding between Nimroth and
Winroth, pending demarcation of boundary along the Elin River.
11. According to the understanding reached, both Nimroth and Winroth agreed that the water from
Elin River might be used by people from both sides of the river in a manner they had been using since
times immemorial, without prejudice to the demarcation of boundary based on the agreement between
Acadia and the Raja of Gundustan as early as possible.
12. To implement the understanding, Nimroth and Winroth established a Joint Task Force (JTF) to
negotiate and arrive at an acceptable boundary demarcation. During the first two meetings,Nimroth
argued that the Green line (ribbon) shown along the eastern bank of the river was the natural boundary
line between Nimroth and Winroth, therefore the entire river Elin belonged to Nimroth, and
consequently,Nimroths last base point (of the baseline) for the purpose of measuring its territorial sea
and EEZ must be the eastern bank of Elin, where it entered theNimroth Ocean. Whereas Winroth argued
that the median line of the navigable channel (Thalweg) of the Elin should be the boundary between
Nimroth and Winroth as per international law and practice and the green line (ribbon) only signified
identification of the river as a natural boundary, the subsequent practice over the years must also be taken
into consideration while interpreting the agreement. It was assessed at that point that if the interpretation
given by Nimroth was agreed to, Winroth would lose around 263 sq.miles of Exclusive Economic Zone
(EEZ), as well as the Continental Shelf, which is rich in hydrocarbons, to Nimroth. Negotiations broke as
there was no flexibility and reciprocity offered by either side. That prompted both Nimroth and Winroth
to stick to their positions.
13. In November 2011, a major earthquake of 9.6magnitude along with a Tsunami rocked Nimroth
and Winroth, leaving around 200,000 people dead and destroying more than 5000 houses in Nimroth and
Winroth. This also resulted in the formation of an island comparable in size to the Tokano island, six
nautical miles south of the Tokano island and with its northern end well within the Territorial sea of
Winroth. The sudden earthquake and the tsunami also heavily impacted the Elin River: the Elin River
further branched out in an easterly direction, 19 kilometers away from its known 2002-position. Much of
the arable land of Winroth was swallowed and the new tributary of the river almost became the main
channel of the river as the old river became a sand bed with a few water courses appearing here and there
in the form of small streams.
14. The emergence of the new island was first reported by the Acadian Space Agency to Nimroth
much before it was made known to public. On receiving the information, the Prime Minister of Nimroth
took a special cabinet meeting and it was decided in the meeting to send the Navy of Nimroth to guard
the new island. The Navy so sent planted the Nimroth flag in the place
15. The Prime Minister of Nimroth, in his statement to the Parliament of Nimroth, said, The newly
emerging island is well within the territorial waters of Nimroth, in accordance with the river boundary
agreement between the Raja of Gundustan and Acadia which was succeeded by Nimroth and Nimroth
will do every possible thing to protect its territory from Winroth.
16. This matter was brought to the notice of the Secretary-General of the UN. The Secretary-General
made an oral report to the Security Council about the situation in the territorial waters of Nimroth and
Winroth. After a brief discussion, the Security Council called upon all the parties to make a special
effort to cooperate with the Secretary -General. The Secretary-General of the UN persuaded the Prime
Ministers of both Nimroth and Winroth to settle their dispute peacefully. The Prime Minister of Acadia
also played a major role in persuading the Prime Minister of Nirmoth to agree for the settlement of
dispute through International Court of Justice (ICJ). A special agreement to submit the dispute to the ICJ
was signed by the ambassadors of both Nimroth and Winroth in New York in the presence of their prime
ministers, when they visited the UN headquarters for participating in thehigh-level segment of the
Annual UN General Assembly session during September 2013. (Compromis attached)
17. On 4th October, 2013, both Nimroth and Winroth submitted the dispute for a special agreement to
the ICJ.
14. Nimroth requests that the Court adjudge and declare that:
(a) The entire Elin River up to the eastern bank of the river belongs to Nimroth.
(b) The last base point (of the baseline) for the maritime boundary of Nimroth is the place where the east
bank of Elin river meets the Nimroth ocean; and
(c) The islands which are now located within the territorial waters of Nimroth are the territory of
Nimroth, and Winroth is not entitled under international law to exercise its sovereignty over the islands.
15. Winroth requests that the Court adjudge and declare that:
(a) The ElinRiver boundary between Nirmroth and Winroth lies along the navigable channel of Elin
River as it stood immediately before the 2002-Tsunami.
(b) The first base point (of the baseline) of the maritime boundary of Winroth is the terminal point of the
navigable channel of ElinRiver meeting the Nimroth Ocean.
(d) Nimroth is prohibited from exercising sovereignty over the maritime areas already under the
sovereignty of Winroth and the islands belonging to Winroth.
COMPROMIS
BETWEEN THE REPUBLIC OF NIMROTH (APPLICANT)
AND THE STATE OF WINROTH (RESPONDENT)
TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE
THE DIFFERENCES BETWEEN THE TWO STATES
CONCERNING THE DEMARCATION OF ELIN RIVER
BOUNDARY AND CORRESPONDING MARITIME BOUNDARY IN
NIMROTH OCEAN
jointly notified to the Court on October 4, 2013
In witness whereof, the undersigned, being duly authorized to do so, have signed the present Compromis
and have affixed thereto their respective seals of office.
Done in NewYork, USA, this 11th day of September 2013, in triplicate in the English language.
On behalf of the Republic of Nimroth and the State of Winroth, in accordance with Article 40(1)
of the Statute of the International Court of Justice, we have the honour to transmit to you an original of
the Compromis for Submission to the International Court of Justice of the Differences between the
Republic of Nimroth and the State of Winroth Concerning the demarcation of Elin river boundary,
signed in New York, USA, on 11 September 2013.
The teams may also contact the following for any clarifications with regard to the moot
problem or the rules of the competition:
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*The accommodation and food shall be provided by the college during the dates of the
competition i.e. 4,5 and 6 October, 2013. Any team coming before or leaving after the
dates of the competition is asked to make their own arrangements.
ACCOMMODATION DETAILS:
1. ACCOMMODATION FACILITY REQUIRED: YES/ NO
IF YES, THEN:
A. NUMBER OF MALE PARTICIPANTS: ________________
B. NUMBER OF FEMALE PARTICIPANTS: ______________
SIGNATURE:
32| Travel And Accommodation Plan| VLS INTERNATIONAL MOOT COURT 2013
ORGANIZING COMMITTEE
Email: internationalmoot@vips.edu
Website: www.vips.edu