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INTERNATIONAL COURT OF JUSTICE

COMPROMIS
BETWEEN THE REPUBLIC OF NEBULAND (APPLICANT) AND THE REPUBLIC
OF ALDEBARAN (RESPONDENT) TO SUBMIT TO THE INTERNATIONAL
COURT OF JUSTICE THE DIFFERENCES BETWEEN THE PARTIES
CONCERNING THE ECONOMIC BELT CRISIS
jointly notified to the Court on 16th September 2019

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JOINT NOTIFICATION
ADDRESSED TO THE REGISTRAR OF THE COURT

On behalf of The Republic of Nebuland (the Applicant) and The Republic of Aldebaran (the
Respondent), 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 Applicant and the
Respondent concerning the Economic Belt Crisis, signed in The Hague, The Netherlands, on
the 16th day of September in the year two thousand nineteen.

Mr. Vega Arcturus Ms. Rigel Sirius


President of the Republic of Nebuland President of the Republic of Aldebaran

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COMPROMIS

SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE


BY THE REPUBLIC OF NEBULAND AND THE REPUBLIC OF ALDEBARAN ON
THE DIFFERENCES BETWEEN THE PARTIES CONCERNING THE ECONOMIC
BELT CRISIS

The Republic of Nebuland and The Republic of Aldebaran,


Considering that differences have arisen between them concerning the Economic Belt Crisis
and other matters;
Realising that the Parties concerned have been unable to settle these differences by
negotiation or by resorting to regional arrangements;
Desiring further to define the issues to be submitted to the International Court of Justice
(hereinafter referred to as “the Court”) for settling this dispute;
Have in furtherance thereof concluded the following Compromis:
Article 1
The Parties submit the questions contained in the Compromis to the Court pursuant to Article
40 (1) of the Statute of the Court.
Article 2
It is agreed by the Parties that The Republic of Nebuland shall act as Applicant and The
Republic of Aldebaran as Respondent, but such agreement is without prejudice to questions
on the burden of proof.
Article 3
(a) The Court is requested to decide the Case based on 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 Judgement 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 Internal International Scheduled Moot Ranking Rounds framed by School of
Law, CHRIST (Deemed to be University).
(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 above –
mentioned Rules.

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Article 5
The Parties shall accept any Judgement of the Court as final and binding upon them and shall
execute it in its entirety and in good faith.

The undersigned, in witness whereof, being duly authorised, have signed the present
Compromis and have affixed their respective seals of office thereto.
Done in The Hague, The Netherlands, on this 16th day of September, 2019 in duplicate in the
English language.

Mr. Vega Arcturus Ms. Rigel Sirius


President of the Republic of Nebuland President of the Republic of Aldebaran

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THE ECONOMIC BELT CRISIS

1. Pollux is a Republic State in the Southern hemisphere covering an area of 200 sq. miles
with a dual culture and rich mineral resources. Most of the income accruing to Pollux
comes from the Eastern region called the ‘Pollux Economic Belt’. The Belt is bordered
along its length by the Canobus sea which is rich in marine resources which accounts for
about 60% of Pollux’s annual income. The two cultural groups inhabiting the country are
the Aldebars and Nebulas who live together in harmony despite the differences in
practices, thoughts and beliefs. The main difference between them is their occupation.
Almost all the Aldebars are engaged in fishing and shrimp related occupations while
most of the Nebulas harvest Canobus non-living resources to trade with other countries.

2. Though the Economic Belt was rich in resources, Pollux was still a developing country
and the harvesting of living and non-living resources was unregulated. In 2013, the
Nebula Democratic Party (NDP) won a thumping majority and was determined to
improve the economy of Pollux. The NDP led Government granted many trading
licenses, enhanced trading activities and entered into trade agreements with many
countries. This favoured the Nebulas whereas the Aldebars wanted to protect the fish
stock from becoming depleted and demanded fishing licenses to carry on fishing without
hinderance from the trading ships. However, the NDP led Government did little to
protect the fish and shrimp. The Aldebars approached the NDP several times and after
their failed attempts, selected Ms. Rigel Sirius to conduct personal talks with NDP leader
and President Mr. Vega Arcturus.

3. The continuous plea of the Aldebars to prevent the trading and merchant ships from
causing pollution near the Economic Belt and the failure of the NDP Government to
initiate positive measures to protect the fisheries resulted in disturbance of peace and
order in Pollux. The Aldebars started expressing hatred towards the Nebulas and
migrated to the North Eastern side of Pollux where conditions for fishing were most
appropriate and away from the trading centres and ports in the south.

4. The Aldebars joined together and started demanding the division of Pollux and the NDP
Government opposed this vehemently, fearing that they would lose a huge part of the
Economic Belt. The Aldebars decided to take a stand and opposed the Government led
by NDP through demonstrations, non-cooperation and disobedience. No public welfare

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measure could be implemented and rioting increased in the country. Soon the need for
peace was felt by Mr. Vega Arcturus, the President of Nebuland, who issued a press note
on 22nd December 2015: “As a result of the continuous protest by the Aldebars, a state of
unrest exists in the country. In order to reinstate peace, we have resolved to agree to the
demands of the Aldebars provided, the Aldebars refrain from rioting and causing
chaos.”

5. There was peace after the press release and the Constitution of Pollux was amended.
Pollux was divided into two based on a mutual agreement to divide boundaries and the
Northern part was to be known as Aldebaran (comprising the Aldebars) and the Southern
part was to be called Nebuland (comprising the Nebulas). The NDP continued to govern
Nebuland; Ms. Rigel Sirius was elected as the President by the Aldebars and a new
Constitution was framed for Aldebaran. The Pollux Economic Belt was called the
Aldebars Economic Belt in the north and the Nebula Economic Belt in the south. Most of
the area of the Belt belonged to the Aldebars and only the area comprising the trading
centres and ports in the south formed a part of the Nebula Belt. Aldebaran and Nebuland
entered into the ‘Treaty on the Rights and Duties of Aldebaran and Nebuland in the
Canobus Sea’, 2016 for governing their powers and duties along the Belt and in the
Canobus sea. – [Annexure - I]

6. A small area in the southern border of Aldebaran was occupied by both Aldebars and
Nebulas known as Harmony Town where a few Nebulas who carried on fishing activities
lived along with the Aldebars based on a Peace Declaration between Aldebaran and
Nebuland. – [Annexure - II] The Peace Declaration has not been ratified by Nebuland.
Although Aldebaran exercised complete sovereignty over Harmony Town, in order for
the protection of the occupation of Nebuland fishermen, the Peace Declaration that was
signed along with the 2016 Treaty allowed Nebuland fishermen to reside in Harmony
Town and were given all the privileges that the Aldebaran citizens enjoyed. The Peace
Declaration also provided for the establishment of a Nebuland Port where a few
Nebuland officials could be stationed there on a rotational basis for regulatory purposes.

7. The Nebulas were not happy with the division of Pollux as a huge part of the Economic
Belt that was rich in fish resources was given to Aldebaran and a very small portion
(Harmony Town) was open for the Nebulas to fish. Just as a year had passed, the
Nebulas in Harmony Town felt that all the fish were being harvested by the Aldebars and

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their boats were also a menace to their Port in the town. This resulted in a clash and
unrest between the two cultural groups. The Nebulas demanded exclusive fishing rights
in Harmony Town to which Ms. Rigel Sirius, the President of Aldebaran strongly denied
and the rioting continued and increased every day.

8. On 15th August 2019, a major gun shooting took place in Harmony Town and around 28
Aldebars were killed. The shooter could not be identified and the locals who claimed to
have witnessed the shooting, said with assurance that it was the Nebulas and that the
shooter was heard saying ‘we will capture what you took from us’ before he shot down
the 28 fishermen. Ms. Rigel Sirius immediately sent a note through the diplomatic
channel requesting Nebuland to investigate the matter and to hand over the shooter for
trial before the Aldebaran courts. There was no extradition treaty in existence between
the two countries. In reply to this, Mr. Vega Arcturus stated that no Nebuland citizen
could have been involved, failed to initiate investigation and made a statement about the
border security forces of Aldebaran: ‘This incident clearly reveals the strength of the
Aldebaran Border Security Forces. Our country owes no duty to investigate the matter.’

9. This reply was followed by another incident in Harmony Town which the locals claimed
began on 25th August 2019 wherein, women and children were captured, tortured, raped
and left wounded. Only the Aldebars were targeted, tied to poles, tortured and beaten up.
This came to light on 5th September 2019 and tension increased in the Aldebars
Economic Belt. The border security was tightened by both countries and all diplomatic
channels of communication were cut off. The Aldebaran Coast Guard and Navy were
stationed along the border and fishing activities were halted. Movement of people to and
from Nebuland was also restricted.

10. On 8th September 2019, Cephia, a ship flying the Nebuland flag was spotted by the
Aldebaran Coast Guard in its territorial sea and a pursuit was made into the High Seas to
inspect the ship as there was a suspicion that she was carrying arms and ammunition.
The ship failed to respond to the signals and started moving towards Nebuland territorial
waters. The determined Coast Guard stopped Cephia just before she entered the
territorial waters of Nebuland by firing at the vessel and causing damage to her stern.
Cephia was in a terrible state after receiving the blows and stopped due to mechanical
failure. The officials entered the ship and found no arms or ammunition but a huge
amount of fish stock including a particular type of shrimp that thrived only in the

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Aldebaran waters. The Zuba shrimp (found in Schedule I to the 2016 Treaty) was a
threatened species and the harvesting of any Zuba stock was strictly prohibited in
Aldebaran. The shocked Coast Guard arrested four members of the crew and seized all
the fish and shrimp stock on the ground that the 2016 Treaty had been violated.

11. On 10th September 2019, the first shooter had been identified through a video taken by a
tourist and those responsible for the second incident were identified by the victims of
rape to be Nebuland officials who had been stationed at Harmony Town. Ms. Rigel sent
a letter requesting the NDP led Nebulan Government to prosecute or hand over the
accused persons for trial and in response, Mr. Vega made the following statement in a
news channel: ‘We will not hand over our officials for trial in Aldebaran Courts until
Aldebaran releases the illegally arrested Cephia crew or provides consular access. The
confiscated stock belongs to the Nebuland Economic Belt including Zuba.’

12. Aldebaran declined to release the crew and return the stock explaining the legality of the
arrest and stating that fishing of Zuba stock was completely prohibited under the 2016
Treaty. Aldebaran thus terminated all but Article 8 of the Treaty under Article 60 of the
Vienna Convention on the Law of Treaties. On 11th September 2019, Aldebaran imposed
restrictions on the right to passage in their territorial waters. The Aldebaran territorial
waters are the only route available for northern countries to reach the Nebuland
Economic Belt and no merchant/trading ship could pass if it was destined to reach
Nebuland. As a result, Nebuland trade faced a massive hit as most ships could not enter
or leave Nebuland ports without passing the Aldebaran territorial waters. Five countries
terminated their bilateral treaties with Nebuland and there was an economic crisis.
Nebuland citizens were not allowed to enter Aldebaran for any purpose; schools and
businesses owned by Nebuland citizens in Aldebaran were shut down and all the
Nebuland citizens in Harmony Town were expelled and their fishing licenses cancelled.
The Nebuland Port in Harmony Town was occupied by the Aldebaran Navy and Mr.
Vega had to terminate the Peace Declaration.

13. Nebuland approached the UN Security Council stating the nature of the dispute and that
the situation is likely to endanger the maintenance of international peace and security.
The Security Council called upon Nebuland and Aldebaran to settle their dispute by
pacific means of settlement under Article 33 (2) of the UN Charter. However, all pacific

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means of settlement failed and the parties have approached the Court in accordance with
the joint notification addressed to the registrar of the court on 16th September 2019.

14. The International Court of Justice is confronted with the following issues:
I. Whether Nebuland’s response to the incidents of 15th and 25th August 2019 are
violative of international law?
II. Whether Nebuland has breached the 2016 Treaty?
III. Whether the arrest of the Cephia crew and denial of consular access by Aldebaran
is contrary to International law?
IV. Whether the measures imposed by Aldebaran on 11th September 2019 are
permitted in International law?

15. Both the countries are members of the United Nations and have accepted the ipso facto
compulsory jurisdiction of the ICJ and are signatories to and have ratified: The
Convention on the Rights of the Child; The UDHR; The ICCPR; The ICESCR; The
Convention Against Torture; The Vienna Convention on Consular Relations; The Vienna
Convention on Diplomatic Relations; The Vienna Convention on the Law of Treaties
and the four Geneva Conventions. Nebuland has signed and ratified The United Nations
Convention on the Law of the Sea whereas Aldebaran has neither ratified nor signed it.

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ANNEXURE – I

(Relevant Extracts of the ‘Treaty on the Rights and Duties of Aldebaran and Nebuland
in the Canobus Sea’, 2016)

Preamble
Whereas it is expedient to enter into terms governing the rights and duties of both the
adjacent State Parties with respect to their territorial waters in the Canobus sea, this Treaty
is hereby entered into with the aim of protecting the rich living and non-living resources,
preventing the illegal harvesting of living resources, enjoying mutual benefits of information
exchange and regulation of other incidental matters in a peaceful manner.
Article 2
This Treaty shall commence for and in relation to both the Parties on 3rd February 2016.
Article 3
The Parties undertake to prevent the introduction by man, directly or indirectly, substances
or energy into the marine environment of the Canobus sea, which results or is likely to result
in such deleterious effects as harm to living resources and marine life, harm to human health,
hindrance to fishing and trading activities and impairment of quality for use of sea water
through appropriate legislation or regulations in their respective territories.
Article 4
The ships of both the Parties have the right to freely pass each other’s territorial waters
without any permit provided they fly their respective flags. However, such passage shall not
prejudice the security of the State Party and shall be limited to innocent passage for trade,
travel, fishing and other incidental matters.
Article 5
The Peace Declaration signed between the Parties in Annex I providing for the stationing of
Nebuland officials in certain areas of Harmony Town shall govern the relations between the
Parties in Harmony Town.
Article 6
The authorities of the Parties shall have all rights and powers to board and inspect a ship of
the other Party sailing in its territorial waters based on a suspicion of threat to peace, good
order or security of the concerned Party or breach of this Treaty. Such procedures and
measures to be taken shall be in accordance with domestic regulations of the inspecting
Party.

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Article 7
(1) The State Parties agree to take all possible measures to restore harvested stock of living
resources and to prevent exploitative fishing.
(2) The fishing of scheduled species in Schedule I & Schedule II1 shall be completely
prohibited along the Economic Belt and scientific methods shall be employed to increase
their reproduction to levels at which they no longer remain seriously threatened species.
Article 8
(1) The fishing rights and licenses of the citizens of the respective Parties shall be modified
or revoked as and when the need to protect the population of the harvested resources
demand.
(2) Licenses may be granted by a Party only in respect of its territorial waters. Both Parties
have the right to demand the production of fishing licenses or/and identity cards in
accordance with their respective domestic laws for the purpose of security and safety of the
State and to check and prevent illegal fishing in any area in the sea not beyond 8 nm from the
breadth of their territorial sea.

1
Schedule I – List of threatened species in the Aldebars Economic Belt; Schedule II – List of threatened species
in the Nebula Economic Belt.

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ANNEXURE - II

THE PEACE DECLARATION BETWEEN ALDEBARAN AND NEBULAND

Article 1: The Parties to this Declaration, recognise the right to occupation of the
Nebuland fishermen and in order to protect the same, agree to the peaceful co-
existence of the Nebuland fisherman along with the Aldebars in Harmony
Town without prejudice to Aldebaran’s sovereignty over Harmony Town.

Article 2: In order for the peaceful co-existence of the Aldebaran and Nebuland
fishermen in Harmony Town, the Parties agree that the power to grant fishing
licenses in and off the coast of Harmony Town rests with Aldebaran
irrespective of the nationality of those seeking such license.

Article 3: There shall be a Port established by Nebuland in Harmony Town for the
facilitation of trade and shipping of fish stock and Nebuland’s sovereignty
shall be limited to the regulation of the Port.

Article 4: The Parties agree that Nebuland officials may be stationed in the Port
premises on a regulatory basis in order for its proper administration and
regulation.

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