QUESTIONS PRESENTED

1. Whether or not Edrines has jurisdiction to try the crew of the Ochan vessel.

Edrines has jurisdiction to try the crew of the Ochan vessel. Based on the resolution
of conflicts regarding the attribution of rights and jurisdiction in the exclusive economic
zone, Article 59 of the United Nations Convention on the Law of the Sea (UNCLOS)
provides that In cases where the Convention does not attribute rights or jurisdiction to the
coastal State or to other States within the exclusive economic zone, and a conflict arises
between the interests of the coastal State and any other State or States, the conflict should
be resolved on the basis of equity and in the light of all the relevant circumstances, taking
into account the respective importance of the interests involved to the parties as well as to
the international community as a whole.

Since the collision took place within Edrines’ exclusive economic zone and the
injured parties are from Edrines, Edrines has clear jurisdiction over the collision. Hence,
despite the lack of an extradition treaty between them, Ocha must surrender the crew of
the F/B KIROMI to Edrinean custody.

2. Whether or not the activities of Ochan vessels are considered illegal fishing.

STATEMENT OF FACTS

Ocha is a highly-developed state functioning under absolute monarchy while Edrines

is a developing democratic state. The relations between the two states have always been
friendly.
The Ograrian sea is a vital shared water resource. Roughly 40% of Edrines’ export
and over 80% of Ocha’s trade passes through the Ograria Sea. Ocha began fishing in the
area of Scor Guyot in the 1850s by virtue of a permission given by the Edrinean king at
that time, as a gesture of friendship and respect. In July 2016, Edrines discovered that
Scor Guyot - an underwater volcanic mountain has rich carbon deposits. Edrines
immediately began preparations to tap the hydrocarbons. Upon learning of Edrines’
discovery, Ocha immediately filed a diplomatic protest to Edrines’ planned utilization of
the hydrocarbon reserves and deployed dozens of its naval vessels to Scor Guyot to
prevent irreparable damage to a shared marine resource.
On May 12, 2019, about 10 o’clock in the evening, R/V GEMLINA, an Edrinean
marine research vessel, was anchored along the eastern side of Scor Guyot. However,
almost an hour later, a vessel had crashed into R/V GEMLINA.
Irenea, a neighboring archipelagic state, conducted an independent investigation as
agreed upon by the 2 states. On June 21, 2019, Irenea concluded its investigation and
based on the evidence available, Irenea found that the vessel that had collided with R/V
GEMLINA was F/B KIROMI, an Ochan fishing vessel.
Following the release of the Irenean Report, Edrines formally requested that Ocha
turn over the crew of F/B KIROMI so that they could face charges of poaching and
reckless imprudence resulting in serious physical injuries and damage to property. Ocha
refused, pointing that no extradition treaty existed between the parties. Also, given that
Ochan fishermen were historically permitted to fish in Scor Guyot, the F/B KIROMI
crew could not be considered poachers. Finally, while Ocha conceded that responsible
individuals could be tried in Ocha.
As parties were unable to come to a resolution of their disputes involving collision in
the Ograria Sea on their own, they agreed to refer all matters in dispute to this court
pursuant to their declarations under Article 287 of the United Nations Convention on the
Law of the Sea.

PRAYER FOR THE RELIEF

Applicant, the Federal States of Aves, respectfully requests ICJ to adjudge and declare
that:
1. That the Edrines be declared to have jurisdiction to try the crew of the Ochan vessel.
2. That the activitites of F/B Kiromi be held illegal and only Edrinean be granted to fish
within the area of Scor Guyot Edrines