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INTERNATIONAL COURT OF JUSTICE

SPECIAL AGREEMENT

BETWEEN THE FEDERAL STATES OF ALIMAR (APPLICANT)


AND THE REPUBLIC OF RASEC (RESPONDENT)
TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE
THE DIFFERENCES BETWEEN THE PARTIES
CONCERNING THE SWIFTLETS NESTS

jointly notified to the Court on 1 December 2016


JOINT NOTIFICATION
ADDRESSED TO THE REGISTRAR OF THE COURT:

The Hague, 1 December 2016

On behalf of the Federal States of Alimar (the Applicant) and the Republic of Rasec
(the Respondent), in accordance with Article 40(1) of the Statute of the International
Court of Justice, we have the honor to transmit to you an original of the Special
Agreement for submission to the International Court of Justice of the Differences
between the Applicant and the Respondent concerning The Swiftlets Nests, signed in
The Hague, The Netherlands, on the 17th day of November in the year two thousand
sixteen

Carlow Migax Rosar Kej


Ambassador of the Federal States of Ambassador of the Republic of Rasec
Alimar to the Kingdom of The to the Kingdom of The Netherlands
Netherlands
SPECIAL AGREEMENT

SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE


BY THE FEDERAL STATES OF ALIMAR AND THE REPUBLIC OF RASEC
ON THE DIFFERENCES BETWEEN THEM CONCERNING
THE SWIFTLETS NESTS

The Federal States of Alimar and the Republic of Rasec

Considering that differences have arisen between them concerning the Swiftlets Nest

Recognizing that the Parties concerned have been unable to settle these differences by
negotiation;

Desiring further to define the issues to be submitted exclusively to the International


Court of Justice (hereinafter the Court) for settling this dispute;

In furtherance thereof, the Parties have concluded the following Special Agreement:

Article 1
The Parties submit the questions contained in the Special Agreement (together with
Corrections and Clarifications to follow) exclusively to the Court pursuant to Article
40(1) of the Courts Statute.

Article 2
It is agreed by the Parties that the Federal States of Alimar shall act as Applicant and the
Republic of Rasec as Respondent, but such agreement is without prejudice to any
question of the burden of proof.

Article 3
(a) The Court is requested to decide the Case on the basis of the rules and principles
of international law, including any applicable treaties.
(b) The Court is also requested to determine the legal consequences, including the
rights and obligations of the Parties, arising from its Judgment on the questions
presented in the Case.

Article 4
(a) Procedures shall be regulated in accordance with the applicable provisions of the
Official Rules of the 2017 Public International Law Moot Court Competition.
(b) The Parties request the Court to order that the written proceedings should
consist of Memorials presented by each of the Parties not later than the date set
forth in the Official Schedule of the 2017 Public International Law Moot Court
Competition.

Article 5

(a) The Parties shall accept any Judgment of the Court as final and binding upon
them and shall execute it in its entirety and in good faith.
(b) Immediately after the transmission of any Judgment, the Parties shall enter into
negotiations on the modalities for its execution.

In witness whereof, the undersigned, being duly authorized, have signed the present
Compromis and have affixed thereto their respective seals of office.

Done in The Hague, The Netherlands, this 27th day of November in the year two
thousand sixteen, in triplicate in the English language.

Carlow Migax Rosar Kej


Ambassador of the Federal States of Ambassador of the Republic of Rasec
Alimar to the Kingdom of The to the Kingdom of The Netherlands
Netherlands
The 2017 Public International Law Moot Court Competition

**Special Agreement**
The Federal States of Alimar v. the Republic of Rasec
The Case Concerning the Swiftlets Nests

1. The Federal States of Alimar, a newly industrialized state, takes pride in its
ecotourism particularly its Naxor Cave Complex spelunking packages for thrill
seekers. 65% of Alimars population of about 2,000,000 live below poverty line.
Alimars unemployment rate is the highest among its neighboring countries in
the continent of Etevy.

2. In the east of Alimar lies the northern border of the Republic of Rasec with a
population of about 5,000,000 people. It has the highest annual gross domestic
product in the continent of Etevy owing to its manufacturing and medical
industries. The country is known around the world for its authentic cuisine,
specifically its swiftlets nest soup, an expensive sought after Rasecan dish
around the world. In fact, it accounts for 75% of exports from the continent of
Etevy, while the remaining 25% is shared by seven (7) other countries, including
Alimar. Notably, since 2012, medical practitioners from all over Etevy have
flocked over to Rasec to study new technological advances in the medical
profession including research on alternative medicine.

3. The English-Mariana Swiftlet (Aerodramus bartschi)1 is a dark greyish-brown


species of bird which thrives in colonies inside the caves of Naxor, the low-lying
regions of Alimar. It averages about 10-15 cm in length and a wingspan of
approximately 6-8 cm. The swiftlets diet includes small insects in flight such as
sawflies, wasps, bees and ants. According to the IUCN Red List, the species nests
during the months of January to September and one egg is laid per clutch. In the
same vein, the IUCN Red List classified the species as Endangered based on its
2012 published Red List Assessment.

4. The swiftlets play an important role in Alimar culture. In fact, the national flag of
Alimar and its coat of arms bear the icon of the swiftlet. The ancient supreme
God of Alimar, Yma, is depicted as a switlet. Alimar folklore would tell tales of
swiftlets delivering Alimar newborns to their families. Each year, thousands of
tourists would flock over to Ettej, capital of Alimar, to celebrate the annual

1 Hereafter, swiftlet.
Festival des oiseaux as a reminder of Alimars commitment to preserve and
conserve the English-Mariana Swiftlet.

5. While it remains to be endemic in Alimar, there are around 100 species bred in
captivity in the neighboring country of Rasec and the country is preparing to
release about 25 pairs into the wild.

6. From 1980 to 1985, Alimar and Rasec entered into extensive negotiations on the
preservation and conservation of the swiftlets nest. These negotiations resulted
in a treaty dated January 2, 1986. The respective rights of the parties are set out in
the excerpts of the 1986 Wildlife Conservation and Protection Treaty attached as
Annex A hereof. The treaty was duly registered with the Secretary General of
the United Nations in the latter half of 1986.

7. The forests of Gyxam in Rasec, near the border of Alimar, has been the residence
of around 500 Iggams since the country attained its independence. Living in
tribes and mostly uneducated, the Iggams, whose cultural background resembles
more like that of Alimar than Rasec, rely primarily on agriculture and small-scale
mining as its primary source of income.

8. Another primordial source of livelihood for Iggams is the abundant supply of


swiftlets nest which proved to be expensive in the global market as it may be
used as an alternative primary ingredient for birds nest soup. Iggam men and
women would then risk their lives crossing the border and then climbing the
cave ceilings of Naxor to harvest sufficient supply of birds nest which would
then be sold for US$2,500. Since the post-colonial period, Iggams have
consistently been labeled as an organized terrorist group in Alimar which made
the harvesting of birds nest by the Iggams more difficult.

9. Another danger faced by the Iggams is the presence of the Nit Amitaf, a guerilla
force of about 200, mostly men, which established camp in the forests of Naxor.
Up until the early 2000, small-scale violence would, from time to time, erupt, in
the Alimar-Rasec border between Nit Amitaf and the Iggams. These isolated
bursts of encounters would usually last for two to three days and would then
naturally subside. The most violent encounter occurred in 1996 when 8 Nit
Amitaf members and 6 Iggams were killed.

10. In 2005, BirdWatch, Inc., a non-government organization established in Alimar,


published a study showing a rapid decline in the population of swiflets. Just
months after this study, President Secnarf Niveks issued Executive Order No.
199 banning all trade, legal and illegal, of swiftlets nest in Alimar. The
government deployed additional security forces in its borders and tightened its
control over all cross-border transfers of people and cargo alike.

11. Following the issuance of the said order, the federal parliament of Alimar passed
the Revised Swiftlets Conservation Act2 which increased the penalty to a
minimum 10-year imprisonment for all individuals who will be caught in
possession of at least 50 g of swiftlets nest.

12. This Executive Order triggered a series of negotiations between Alimar and
Rasec as well as other countries in Etevy. Rasec claims that the executive order
was unnecessary and unjustified as it prohibited altogether the trade of swiftlets
nest. In a diplomatic note sent by Rasecan Prime Minister Nhoj Airk on
September 30, 2006, he said, in part, that:

We commiserate with the alarming decline of swiftlets population in Alimar but


the good president Niveks must also understand the central role birds nests play in
Rasecan cuisine which in turn, plays a big factor in the growth of Rasecs economy. We
are not being selfish here. Little do we know that soon, the swiftlets nest may actually be
the silver bullet to some our worlds pressing health problems.

13. Such call fell on deaf ears. Over the next three (3) months, a total of 234
individuals were arrested for illegal possession and sale of swiftlets nest. 112 of
these detainees were Iggams. On February 1, 2007, 34 bodies of Iggam men (27
men and 7 women) were found dead inside Halu Cave, the largest and most
popular cave in the Naxor Cave Complex. After a week, five (5) Iggam women,
two (2) of whom were pregnant, were found floating in the Naxor underground
river. Preliminary investigations found that all deaths were due to suffocation.

14. On December 21, 2006, an estimate of about 200 Iggams walked on foot to Kojec,
the capital of Alimar, to call for government action on this series of alleged
killings. Police forces were on standby and barricades were placed on every
entry to the federal capitol. However, violence ensued when news broke out that
Inad Arima, one of Iggam tribes respected leaders, was found dead near the
Alimar-Rasec border approximately 100 meters from the immigration center. The
Iggams tried to push their way through the barriers while the police officers

2 Hereafter, SCA.
resisted their charge. At the end of the day, 24 Iggams and 10 police officers were
injured.

15. Concerned about the suspicious murders of Iggams, the government of Rasec
sent a fact-finding body to investigate the deaths. However, this action by the
Rasecan government did not sit well with the Alimar government. The entire
Naxor Cave Complex was heavily guarded and no one was allowed to enter,
except for Alimar police forces.

16. The International League for Security (ILS), a human rights non-governmental
organization, published a report declaring, in part, that:

The blame for the series of extra-legal killings in Alimar should be put to no
other than the government of Alimar and its instrumentalities. In our custody is a
member of the Iggam tribe who witnessed with his own naked eyes the killing of his own
parents by a member of the Alimar police force. We will not hesitate to institute the
proper action before the United Nations Commission on Human Rights should this
situation continue to escalate on a higher level.

17. On December 9, 2007, Rasecan scientists discovered that significant amount of


processed swiftlets nest may be an effective cure for diabetes. This discovery
was confirmed by the World Health Organization-Center for Disease Control in
stationed in Etevy. This raised international clamor among the countries in Etevy
to lift Executive Order No. 199 or at least repeal the provision banning legal trade
of swiftlets nests.

18. With this new discovery, the price of swiftlets nest peaked to an all-time high at
US$4,000. The International Association of Medical Practitioners (IAMP),
during its annual conference, called on Alimar to allow the trade of swiftlets
nests for humanitarian concerns. However, the Alimar government made a
sweeping reply, to wit:

It is our binding international duty and obligation to preserve, in particular, the


English-Mariana Swiftlet. The lifting and/or modification of Executive Order No. 199 is
to veer away from our mandate on wildlife protection and conservation, a duty our
country has vowed to fulfill pursuant to various treaties and conventions which we
signed and ratified. This obligation, on our part, shall remain supreme.
19. In April 30, 2008, the Alimar Ministry of Justice began its probe on the series of
Iggam murders. Several police officers were invited including the Alimar Chief
of Police. According to him, he already intends to replace the Naxor Police
Regional Director pending the observance of the proper protocol for transfer and
replacement of police personnel. He likewise issued an order directing the
opening of the Naxor Cave Complex for all fact-finding investigation teams and
even invited the United Nations Commission on Human Rights to visit the cave
complex and conduct its probe.

20. The government of Rasec already issued a travel warning to its citizens against
Alimar. Rasecan Ambassador Amoj Ecina likewise stated during her press
conference, the [Rasecan government] will not sleep until full and complete justice has
been served on the perpetrators of the mass murders of the Iggams.

21. In June of 2009, the Alimar Bureau of Investigation (ABI) released its findings
that that the death of the Iggams in the Naxor Cave Complex was due to the high
concentration of sulfur dioxide in the Halu cave. The ABI even showed photos of
dead lizards, snakes and bats in the Halu cave which were likewise caused by
the high concentration of sulfur dioxide.

22. The Nit Amitaf quickly issued a statement admitting the series of Iggam murders
in 2006. They likewise implicated President Niveks as the mastermind for all the
killings. President Niveks denied these allegations and stated that even though
he was a former member of the Nit Amitaf, he will never tolerate such blatant
disregard for human life.

23. Alimar and Rasec became members of the United Nations in 1948. Both signed
and ratified the International Convention on Civil and Political Rights, the
International Convention on Economic, Social and Cultural Rights and the
Vienna Convention on the Law of Treaties. The State-parties also signed the
Convention Relating to the Status of Refugees and the Protocol Relating to the
Status of Refugees. Both states also signed and ratified the Stockholm
Declaration, Convention on Biological Diversity, Convention on the International
Trade in Endangered Species of Wild Flora and Fauna and the International
Convention for the Protection of Birds.
RELIEF:

24. The Federal States of Alimar requests the Court to ajudge and declare that:

(1) Executive Order No. 199 is valid and compliant with Alimars obligations
under international law including applicable Conventions/Treaties;

(2) Alimar is not internationally responsible for the death of the Iggams in the
Halu Cave.

25. The Republic of Rasec requests the Court to ajudge and declare that:

(1) Executive Order No. 199 is in violation of international law including


applicable Conventions/Treaties;

(2) Alimar must be held internationally responsible for the death of the Iggams
in the Halu Cave.
Annex A

Excerpts from the


1986 Wildlife Conservation and Protection Treaty

CHAPTER III. GENERAL OBLIGATIONS

Art. 3

Both States shall endeavor to protect wildlife and their young and shall ensure that such species
have adequate food source and livable habitat.

Art. 11

Both States shall endeavor to preserve and conserve wildlife through lawful means allowed by
their respective domestic laws and international law in general.

Art. 14

Both States shall undertake that wildlife specimen, as defined under the CITES, is likewise
protected and conserved.
Annex B

Clarifications and Corrections

1. Ettej is the cultural capital of Alimar while Kojec is the political capital of Alimar.
Kojec is where the seat of the Federal government may be found.

2. The date appearing in par. 14 written as December 21, 2006 should instead be read
as December 2, 2007.

3. The first in following the word Control in paragraph 17 must be omitted.

4. In par. 22, the admission of the Nit Amitaf pertains to the deaths in 2007, instead of
2006.

5. As of today, Rasecs equivalent legislation pertaining to the conservation and


protection of swiftlets and their nests is still being reviewed by the House Committee
on Environment and Natural Resources.

6. According to the Tapnama Research Institute, the premiere wildlife institute in the
continent of Etevy, the reason for the rapid decline in the swiftlets population in
Alimar remains to be uncertain.

7. Both States Constitution adopt the generally accepted principles of international law
as part of the law of the land.

8. Alimar and Rasec are members of the World Trade Organization but has expressed
reservations to the application of the General Agreement on Tariffs and Trade.
Instead, both States signed and ratified the The Vaduz Convention Establishing the
European Free Trade Association.

9. The English-Mariana Swiftlet (Aerodramus bartschi) appears in Appendix I of the


CITES.
10. Upon the enactment of the Revised Swiftlets Conservation Act, the governor of
Naxor enlisted the help of the Nit Amitaf to identify the leaders of the Iggam tribe.
He likewise issued a press release on January 2, 2008 stating that: We join our
president in affirming that no mercy is going to be shown to anyone who dares cross
the Alimar-Rasec border and engage in the illegal harvest of swiftlets nest. Our
presidents marching orders advise us to show zero tolerance for all perpetrators.

Note: Please see below Revised Reliefs.

RELIEF:

The Federal States of Alimar requests the Court to ajudge and declare that:

(1) Executive Order No. 199 is valid and compliant with Alimars obligations
under international law including applicable Conventions/Treaties;

(2) Rasecs failure to prohibit and/or penalize its citizens from engaging in the
illegal trade of swiftlets nest constitutes a violation of international law
including applicable Conventions/Treaties;

(3) Alimar is not internationally responsible for the death of the Iggams in the
Halu Cave.

The Republic of Rasec requests the Court to ajudge and declare that:

(1) Executive Order No. 199 is in violation of international law including


applicable Conventions/Treaties;

(2) Rasec is compliant with its obligations under international law including
applicable Conventions/Treaties as regards the protection and conservation of
the swiftlets nests;
(3) Alimar must be held internationally responsible for the death of the Iggams
in the Halu Cave.