International Law
To Do: Presentation & Skeletal form (Bullet Points) of main arguments
General Instructions
As lawyers representing the parties, it is your duty to research and find the best law applicable to the client’s case (Case below). Remember that as this is an international matter, the law applicable can be; treaties, customs and general principles of law of civilized nations. As a guide, the law applicable is State Responsibility and Environmental Law.
All lawyers will appear before the court at the same time. Each group will have 15 minutes to present their case by way of PowerPoint slides, and have 10 minutes to respond to the points raised by the opposition counsels.
You need to provide the Judge with a skeleton argument of your case. A copy of your slides must also be submitted. Both should be submitted 3 days before the presentation and be signed by all group members. It is important that your case be supported by case law and statute (local or international).
Grading
You will be graded as a group however, should it come to the notice of your tutor that certain members of the group are not contributing to the work, then the tutor has a discretion to grade the group individually.
Grading will be done as follows:
Written work
– The written work though in skeletal form should be clear and set out your client’s case.
– The work should make reference to any law or authority that you are referring to.
– The work should also have a bibliography
Presentation
– The group must show evidence of group work in their presentation.
– The group will be graded on:
1. Presentations skills
2. Contents of the presentation
3. The law used in the presentation
4. The ability to present your client’s case effectively
THE CASE:
The Facts
Three states – Malangua, Palangua and Tralangua are states on the River Werin, a popular river in East Africa. Malangua is rich in oil reserves whilst Palangua are rich in diamond reserves. Tralangua is a fishing state with extensive fish farms owned and operated by private and public entities. All the states have a stable government, however Palangua have experienced an internal uprising for the past 10 years from a rebel group known as Pal Resistance Rebels (PRR) from the East, who believe that they are not getting their fair share of the diamond resources from the central government in Palangua.
Hevron, an oil company organised and incorporated in Neritania, a country in Central Europe, have secured oil exploration rights in Malangua. The government of Neritania have a 25% stake in Hevron, and the Foreign Ministry of Neritania negotiates exploration rights on behalf of Hevron. Exploration rights have been granted to Hevron in Malangua and exploration have commenced accordingly.
On 31st January 2014, there was a major oil spill on the River Werin from one of the main oil pipes controlled by Hevron on the coast of Malangua. The spill was extensive and contaminated River Werin. The oil spill affected a Wildlife Centre operated by the government of Malangua and all the animals in the centre were killed. The spill also went into mainland Tralangua where all the fish farms on the coastal bed, owned by Tralangua Fisheries, a fishing company organised in Tralangua, were completely damaged.
As a result of the damage to the River Werin, Tralangua were unable to patrol their waters and this allowed PRR rebels to use the river route to attack the border village of Serowi in Tralangua killing 80 civilians. PRR are said to have carried this act in retaliation for Tralangua’s support of Palangua. The parties have been unable to settle the matter as Hevron are adamant that the pipe was sabotaged by fishermen from all three states, and they are therefore not liable for any damage or loss of life. All parties have now decided to go refer the matter to the ICJ.
The Law – This matter is governed by International Law
The Party and the Legal Action
Group 4 – Act as lawyers for Palangua. They are defending the action brought against them by Tralangua.