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  • Case Concerning The Helian Hyacinth

    Загружено:

    Noreen Tapungot
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    The document is a case concerning tariffs imposed by Rasasa on imports of Helian hyacinth products from Adawa. Adawa claims that the tariffs violate the 1969 Crosninan Helian Community Treaty between the two countries. Adawa asks the court to rule that it has jurisdiction over the claim, that Rasasa's tariffs violate the treaty, and that Adawa is entitled to compensatory damages for financial harm caused to date, with the specific amount to be determined later. Main arguments are that Adawa deserves compensation for Rasasa's treaty violation, and that the ICJ has jurisdiction since both countries are subject to its compulsory jurisdiction under the 1929 Treaty of Botega.

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    CASE CONCERNING THE HELIAN HYACINTH.docx

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    The document is a case concerning tariffs imposed by Rasasa on imports of Helian hyacinth products from Adawa. Adawa claims that the tariffs violate the 1969 Crosninan Helian Community Treaty between the two countries. Adawa asks the court to rule that it has jurisdiction over the claim, that Rasasa's tariffs violate the treaty, and that Adawa is entitled to compensatory damages for financial harm caused to date, with the specific amount to be determined later. Main arguments are that Adawa deserves compensation for Rasasa's treaty violation, and that the ICJ has jurisdiction since both countries are subject to its compulsory jurisdiction under the 1929 Treaty of Botega.

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    © All Rights Reserved
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    Отметить как неприемлемый контент
    49 просмотров1 страница

    Case Concerning The Helian Hyacinth

    Загружено:

    Noreen Tapungot
    The document is a case concerning tariffs imposed by Rasasa on imports of Helian hyacinth products from Adawa. Adawa claims that the tariffs violate the 1969 Crosninan Helian Community Treaty between the two countries. Adawa asks the court to rule that it has jurisdiction over the claim, that Rasasa's tariffs violate the treaty, and that Adawa is entitled to compensatory damages for financial harm caused to date, with the specific amount to be determined later. Main arguments are that Adawa deserves compensation for Rasasa's treaty violation, and that the ICJ has jurisdiction since both countries are subject to its compulsory jurisdiction under the 1929 Treaty of Botega.

    Авторское право:

    © All Rights Reserved
    Скачайте в формате DOCX, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 1

    CASE CONCERNING THE HELIAN HYACINTH

    Adawa
    C. Declare that it may adjudicate Adawa’s claim that Rasasa’s imposition of tariffs on
    Helian products from Adawa violates the CHC Treaty, and that Adawa is entitled to compensatory
    damages reflecting the financial harm it has suffered to date, such amount to be determined in
    subsequent proceedings.

    Main Arguments:
     Adawa is entitled to the compensatory damages when Rasasa’s violated the Treaty
    Establishing Crosninan Helian Community of 1969 when it imposed the tariffs of ad
    valorem on Helian bulbs, live plants, and pollen imported in Rasasa which clearly violates
    Article 3 of the said treaty which states that “the Member States agreed to impose no
    custom duties on Helian products, as well as goods that are primarily or exclusively used
    in harvesting or processing of the Helian Hyacinth, which originate from the territory of a
    Member State”.
     ICJ has jurisdiction over the case since the succession of treaties applies between Adawa
    and Rasasa when it became a party in the Treaty of Botega in 1929. Article VI which
    recognizes “the jurisdiction of the Court as compulsory ipso facto, without the necessity
    of any special agreement so long as the present Treaty is in force”.

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