Jessup 2025 Problem and Corrections and Clarifications (1)

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Title and Case Information

• International Court of Justice Case: Concerning the Naegea Sea (Union of Ambrosia v. Republic of Rovinia)

• Date of Order: 16 September 2024

• Language: Documents provided in English and French.

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General List and Context

• General List Number: 189

• Relevant Articles: In reference to Articles 40, 48 of the Statute of the Court, and Articles 31, 44, 45, and 48 of the Rules of Court.

• Application Date: Filed on 11 July 2024 by the Union of Ambrosia against the Republic of Rovinia regarding disputes over the Naegea Sea.

• Communication to Rovinia: Registrar informed Rovinia and the Secretary-General of the UN about the application.

• Agents Appointed: Both parties have appointed their respective agents for proceedings.

• Order of 15 August 2024: Court decided all claims would be heard together and requested a Statement of Agreed Facts from both parties.

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Official Procedures and Deadlines

• Filing Dates: Dates for written and oral pleadings aligned with the Official Schedule of the 2025 Philip C. Jessup International Law Moot Court Competition.

• Governing Rules: The proceedings will be governed by the rules of the 2025 Philip C. Jessup International Law Moot Court Competition.

• Location of Proceedings: Peace Palace, The Hague.

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Statement of Agreed Facts (30 August 2024)

1. Historical Context: Late 17th century, Kingdom of Fretzi colonized Paine Peninsula, split into seven units; all independent by 1946.

2. Union of Ambrosia: Northernmost of seven states; 180,000 sq km, population 4 million, 910 km coastline on Naegea Sea.

3. Republic of Rovinia: Southernmost state; 900,000 sq km, population 10 million, 455 km coastline, mountainous.

4. Economic Importance: Naegea Sea has rich tuna species; fishing is crucial for both states' economies (Ambrosia: 20% GDP, Rovinia: 40% GDP).

5. Regulatory Framework: Since 1980, all states asserted fishing rights in their EEZs, with laws defining ambulatory baselines.

6. Criminal Activities: Naegea Sea known for arms smuggling and trafficking; significant arrests related to these activities between 1995-2012.

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7. President Prosper Derey: Elected in 2012, focused on law and order, initiated the ILSA program for drug control.

8. ILSA Program Launch: Gertrude Cross ordered to take lawful measures against drug operations, resulting in increased arrests and convictions.

9. IPCC Special Report (2014): Report on climate change effects; Ambrosia economic areas most impacted, coastal erosion accelerating.

10. OCDP Formation Proposal (2014): Proposal for regional collaboration on drug trafficking and sustainability, leading to the creation of the Organization for Cooperation and Development in the Paine (OCDP).

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11. Charter Negotiations: Debated inclusion of a compromissory clause regarding dispute resolution by ICJ; clause applicable only after the Charter's entry into force.

12. OCDP Charter Signed (2015): Member states accepted compulsory ICJ jurisdiction, with exceptions for pre-Charter disputes and domestic jurisdiction matters.

13. Baseline Freezing Law (2015): Adopted by Ambrosia to fix maritime boundaries despite coastline recession due to climate change.

14. Rovinia's Response: Initially silent on Ambrosia's law, but protested against similar laws from other states in 2016.

15. OCDP Assembly Discussion (2016): Issues regarding freezing legislation addressed; Ambrosia's position emphasized.

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16. Regional Support: Six states supported fixed baselines; Rovinia opposed, halting resolutions.

17. Diplomatic Communications: Rovinia criticized Ambrosia's freezing laws for infringing on high seas fishing rights.

18. Legislation Adoption: OCDP members, excluding Rovinia, prepared laws securing maritime boundaries against coastline recession.

19. Proposed Resolution (2016): Ambrosia and Caron proposed marking the anniversary of freezing legislation; Rovinia's vote opposed.

20. Ambrosian Institute of Science (2018): Research showed climate change affects fish movements; significant tuna found on Triton Shoal.

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21. Fishing Permits Issued (2018): Rovinia began granting permits for tuna in Triton Shoal, claiming it fell under high seas jurisdiction.

22. Ambrosia's Protests: Sent consistent communications to Rovinia regarding fishing licenses in disputed areas, receiving no response.

23. Political Changes (2019): President Derey reelected, with Mary Zavala as new Vice-President, focusing on foreign relations.

24. Health Emergency (2022): Derey suffered stroke; Zavala assumed acting presidency amidst political turmoil.

25. Allegations of Abuse under ILSA (2022): HRI report claimed police abuses; investigation initiated by Acting President Zavala.

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26. Investigation Findings (2023): Prosecutor General's report acknowledged police malfeasance under ILSA; former Minister Cross resigned and relocated to Rovinia.

27. Legal Actions (2023): Criminal charges against five police officers for kidnapping; insufficient evidence against former Minister Cross.

28. Natural Disaster Response (2023): Dovilina devastated by Hurricane Luna; national mourning declared; Reconstruction Bill proposed.

29. Critical Media Reactions: Public discontent towards Acting President Zavala’s response to the disaster; urgent demands for action.

30. Political Unrest (March 2023): Protests in Ambrosia led by Assembly member, Rooney Piretis, calling for government accountability.

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31. Cabinet Resignations: Multiple ministers resigning due to lack of effective leadership amidst political turmoil.

32. Transitional Council Established: Piretis forms a governing body; claims role to ensure stable governance until returning president.

33. Zavala’s Response: Condemned Transitional Council as illegitimate; planned to operate from Caron for political stability.

34. O’Mander Corp Lawsuit: Case involving breach of contract regarding 5G technology; Judge ordered hearing concerning Ambrosian aircraft's status.

35. Power Dynamics (2023): Struggle between Zavala's interim government and Piretis's Transitional Council escalates; demonstrations support both sides.

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36. Public Support and Opposition: Transitional Council garners support; concerns raised over its constitutional legitimacy.

37. Immediate Control Actions: Council enacts measures including disbursement of funds; local recovery efforts slow.

38. International Recognition: Mixed recognition for both Zavala and the Transitional Council across other nations.

39. Human Rights Reports: HRI releases a follow-up report implicating former Minister Cross in abuses under ILSA.

40. Piretis on Transitional Council: Response emphasizes the necessity of the ILSA program despite recent controversies.

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41. Permola Court Proceedings (July 2023): Decision upheld that Transitional Council's authority and actions constituted effective governance.

42. Legal Outcome: Court ruled against Ambrosian claims of sovereign immunity regarding seized assets.

43. Political Changes Post-Crisis: Derey returns to power after recovery; announces pardons for interim leaders and emphasizes moving forward.

44. Statements on Relations with Rovinia: Critique of Rovinia’s fishing licensing; acknowledgement of ongoing legal disputes.

45. Rovinia Response: Defense of continued licensing and judicial proceedings against Cross; commitment to uphold law.

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46. Proposed Solutions to Tensions: Diplomatic appeals made by both Ambrosia and Rovinia amidst rising tensions over legal disputes.

47. Persistent Advocacy: Pressure from citizens and international observers for accountability concerning human rights violations.

48. Role of International Law: Emphasis on legal frameworks dictating jurisdiction and responses to Cross’s prosecution.

49. Application to ICJ (July 2024): Ambrosia files case against Rovinia concerning various legal disputes; assertion of ICJ jurisdiction.

50. Rovinia’s Acceptance Contested: Acknowledges court jurisdiction on some matters, denies on others focusing on domestic criminal jurisdiction.

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51. Relevant International Treaties: Both states are parties to various international treaties pertinent to the case and ICJ oversight.

52. Ambrosia’s Legal Positions: Requests ICJ to affirm jurisdiction and rule against Rovinia for violating international laws.

53. Rovinia’s Legal Defense: Position maintained that their actions conformed to international law; denies wrongful actions against Ambrosia.

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2025 Philip C. Jessup Moot Court Documents

Corrections and Clarifications

• Updates on agreements and corrections made to the Statement of Agreed Facts based on negotiations between Parties.

• Parties' agreements, beyond stipulated corrections, remained authoritative on interpretations of facts and legal standing.