The Varsho river dispute

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Case

The Varsho river dispute

MEMORIAL SUBMITTED BY REPUBLIC OF ALAMAGUAY (RESPONDENT)

Memorial written Julia Galimuk

LIST OF ABBREVIATIONS

Alamaguay Republic of Alamaguay

CBD Convention on Biological Diversity

EERA Energy Export Restriction Act

FMA Foreign Ministry of Alamaguay

Fracking Hydraulic fracturing

Harahkaray Harahkaray Free State

ICCRP International Covenant on Civil and Political Rights

ICESCR International Covenant on Economic, Social and Cultural Rights

ICJ International Court of Justice

LNUIW Law of the Non-Navigational Uses of International Watercourses

MID Ministry for Internal Development

Maksudian President of Alamaguay

Marvel Prime Minister of Battenland

NVNP Niziol Valley National Park

SCR Security Council Resolution

UNCSD United Nations Conference on Sustainable Development

UNC Charter of the United Nations

UNESCO United Nations Educational, Scientific and Cultural Organization

UNSC United Nations Security Council

UN United Nations

VCLT Vienna Convention of Law Treaties

WCNH World Cultural and Natural Heritage

LIST OF SOURCES

United Nations, (1945). Charter of the United Nations and Statute of the International Court of Justice.

United Nations. (1972). Convention Concerning the Protection of the World Culture and Natural Heritage.

International Covenant on Civil and Political Rights

United Nations General Assembly. (1976). International Covenant on Economic, Social and

Cultural Rights

United Nations. (1980). Vienna Convention on the Law of Treaties

United Nations. (1992). Convention on Biological Diversity

MAP of the territory of River Varsho

STATEMENT OF RELEVANT FACTS

The two countries , Battenland and Alamaguay, have among themselves border river Varsho.

Using of the river and its resources is enshrined in international agreements of both countries . The Agreement was ratified and entered into force on 1 December 1925. adjudication border river

The states have the dispute about the island named The Kilgus Strip. The Kilgus Strip emerged as an island only in 2010, following a significant earthquake .Due to natural disasters, part of the territory, namely Oxbow Marsh , formerly owned Battenland, is now on the other side of the river Varsho. Under the agreement, signed by both parties in 1925, the territory of the left bank of the river Varsho under the sovereignty Alamaguay. So, as a result of natural changes, the area became part Oxbow Marsh the left bank of the river Varsho. Therefore Alamaguay has sovereignty over Oxbow Marsh.

After the earthquake, a small contingent of Witsocki fishermen, the ethnic minority in Alamaguay, based on Veres Island set up a camp on the Kilgus Strip and raised the Alamaguayan flag. The President of Alamaguay wrote the enachment where the Republic of Alamaguay hereby declares sovereignty over the Kilgus Strip .

There is no reason to believe that Alamaguay violates the principle of international law are unambiguous inviolability of borders. It borders legally defined in the agreement between states and legally they remain steadfast.

Then Battenland dispatched an elite military unit to the island. Battenland's forces easily overcame the local Witsocki settlers and the small number of Alamaguayan military personnel on the island. Simultaneous to the landing of military personnel on the Kilgus Strip, Battenland also sent military units to Veres Island and Ryne's Landing. At Veres Island, a fire fight involving local police, residents, and Battenland military personnel resulted in three nonfatal casualties, all Alamaguayan police. In addition, Battenland moved a small number of military personnel into the Oxbow Marsh. Alamaguayan civilians and military personnel had been expelled from the Kilgus Strip, evacuated by boat. According to the Vienna Convention on the Law of Treaties “disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law”. Thus Battenland violates the principle of international law about nonaggression,the principle of inviolability of borders, the principle of noninterference in the internal affairs of the state.

The actions of the Kingdom of Battenland in Lake Kilgus have created a situation of extreme tension between itself and the Republic of Alamaguay.

After intervention of the United Nations Security Council Battenland's military forces withdrew from Veres Island and Ryne's Landing. However, Battenland maintained its presence on the Kilgus Strip and in Oxbow Marsh.

On 15 March 2011, Alamaguay announced that it had discovered significant shale gas deposits in the north of the country, in an area adjacent to the Upper Varsho. In a press release issued by the

Ministry for Internal Development, Alamaguay stated that its stateowned energy company - Alamapower - would develop the site by using an extraction technique known as hydraulic fracturing . The press release stated that the project would make it possible for Alamaguay "to take significant strides towards energy independence in the near future'.

Battenland has resources of oil and natural gas. As of 2010, Battenland supplied Alamaguay - which historically has lacked domestic energy sources - with nearly 60 percent of its energy needs.

People of Alamaguay were dependent Battenland in terms of energy supply. Now that Alamaguayan on its territory found mineral deposits, they have an opportunity to conduct mining resources and ensure their country. This turn of events Battenland disadvantageous because it loses its main client, so clear are the motives Battenland prohibiting Alamaguay extract minerals. But according to the phase of the p. 2 Article 1 of the International Covenant on Economic, Social and Cultural Rights: "All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence'.

ISSUES

The State of Alamaguay asks the Court whether:

1.The island known as the Kilgus Strip is rightfully part of the sovereign territory of the Republic of Alamaguay

Did the island known as the Kilgus Strip exist at the signing of the 1925 Agreement between

Alamaguay and Battenland?

Did the island known as the Kilgus Strip only come into existence after an earthquake in 2010?

Did the Battenland government have the right to send in the military to take forceful occupation of the island known as the Kilgus Strip and drive out the Witsocki people and Alamaguay military?

Did the Battenland government have the right to send in the military to forcefully occupy Veres Island and Ryne's Landing?

2. The territory known as the Oxbow Marsh is part of the sovereign territory of the Republic of Alamaguay

Did the Oxbow Marsh exist at the signing of the 1925 Agreement between Alamaguay and Battenland?

Is the Oxbow Marsh considered part of the sovereign territory of Alamaguay by the 1925 Agreement?

Was the change in the water flow of the Varsho River responsible for putting the Oxbow Marsh, which had been east of the river, now to the west of the river?

Was the change in the water flow of the Varsho River the direct result of the earthquake in 2010?

Is said earthquake which caused the change in the flow of the Varsho River classified as an “act of God” or “natural disaster”?

Is it legal for Battenland military to occupy the territory of the Oxbow Marsh?

3. The Republic of Alamaguay is not in violation of its obligations under conventional and customary law with respect to the proposed development of a shale gas mining site adjacent to the River Varsho

Does the Republic of Alamaguay have the right to develop a shale gas mining site adjacent to the River Varsho?

Is Alamaguay posing a serious threat to the water supply of the Varsho River and Lake Kilgus by its desire to become energy independent?

Did Alamaguay violate any of its obligations under conventional and customary law with respect to the proposed development of a shale gas mining site adjacent to the River Varsho?

4. The Republic of Alamaguay is not in breach of its obligation to protect the waters of the River Varsho and Lake Kilgus, and the plant and animal life found therein, for the benefit of future generations Are the claims of Battenland justified, in stating that Alamaguay has failed to protect the waters of the River Varsho and Lake Kilgus?

According to Battenland, does the shale gas mining project violate Article 5 of the 1925 Agreement between Alamaguay and Battenland?

Does the Alamaguay Project violate the 1992 Convention on Biological Diversity?

SUMMARY OF ARGUMENTS

The Republic of Alamaguay submits that:

1. The island Kilgus Strip did not exist at the signing of the 1925 Agreement between Alamaguay and Battenland.

2. The island known as the Kilgus Strip appeared after an earthquake in 2010.

3. The Kilgus Strip was formed as a result of natural disaster, without any anthropological influence..

4. The Witsocki people did have the right to claim the island known as the Kilgus Strip for the Republic of Alamaguay.

5. The actions of Battenlend against the Witsocki on the Kilgus stripe island was illegal.

6. The Oxbow Marsh is considered part of the sovereign territory of Alamaguay by the 1925 Agreement between Alamaguay and Battenland.

7. After changes in The change in the water flow of the Varsho River was responsible for putting the Oxbow Marsh west of the river--its location had previously been east of the river.

8. The change in the water flow of the Varsho River was the direct result of the earthquake in 2010.

9. The earthquake which caused the change in the flow of the Varsho River is classified as an “act of God” or “natural disaster”.

10. It is not legal for Battenland military to occupy the territory of the Oxbow Marsh.

11. The Republic of Alamaguay does have the right to develop a shale gas mining site adjacent to the River Varsho.

12. The Battenland government did pass a new law, known as the Energy Export Restriction

Act (EERA), in order to prohibit the export of natural gas or oil to Alamaguay.

13. Battenland did violate the 1925 Agreement by passing the new law known as EERA

14. Alamaguay did not violate any of its obligations under conventional and customary law with respect to the proposed development of a shale gas mining side adjacent to the River Varsho.

15.The claims of Battenland are not justified in stating that Alamaguay has failed to protect the waters of the River Varsho and Lake Kilgus; including the plant and animal life found therein, for the benefit of future generations.

16. The shale gas mining project does not violate Article 5 of the 1925 Agreement between Alamaguay and Battenland.

17. The Alamaguay Project does not violate the 1992 Convention on Biological Diversity.

JURISDICTION OF THE COURT

Battenland and Alamaguay are both parties to the ICJ Statute, wherein, according to Article 36, “The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.” Neither State has thus far accepted the Court's compulsory jurisdiction. However, it must be note that at any time, the contracting parties may declare that they recognize as compulsory ipso facto the jurisdiction of the Court in all legal disputes. Moreover, Article 36 articulates that, “In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court.”

ARGUMENTS

1.The island known as the Kilgus Strip is rightfully part of the soverign territory of the Republic of Alamaguay

The islan the Kilgus Strip did not exist at the signing of the 1925 Agreement between Alamaguay and Battenland. However, according to the 1925 Agreement, the islands found within Lake Kilgus, in accordance with the boundary established therein and historic practice, would be recognized as the sovereign territory of Alamaguay.

The fact that ethnic minority - Witsocki be under the jurisdiction Almaguay because island Kilgus Strip, which they occupied, must belong Almaguay. Historically such that Vitsoki long occupied adjacent territories to the newly created island It is not surprising that they settled on the island and find it Alamaguayn sovereign territory. Because no complaints from Battenlend was not until Witsocki who lived on adjoining areas, then we assume that under such practices Battenlend agree with the existence Witsocki who later settled in the island Kilgus Strip.

Alccording to the ICESCR-- Part I; Article 1; #2 “In no case may a people be deprived of its own means of subsistence.” The Witsocki people are fishermen, and have historically occupied Veres Island and Ryne's Landing.By denying the Witsocki access to Kilgus Strip, they are being deprived of a means to their ownsubsistence, which is fishing. Pursuant to Article 6 of the 1925 Agreement, the Battenland government did not have the right to send in their military to forcefully expel the Witsocki fishermen and the Alamaguayan military who were stationed on Kilgus Island. Article 6 of the 1925 Agreement allows for peaceful negotiations between the States if disagreements should arise. Also covered under Article 6 was the forceful occupation of Veres Island and Ryne's Landing, although the USNC, acting under Chapter VII of the Charter of the UN demanded that Battenland withdraw its military from the two islands.

The island of Kilgus Strip was formed as a result of an inordinately large-scale earthquake in 2010. Battenland demanded that according to Article 4 of the 1925 Agreement, all islands found within Lake Kilgus shall be recognized as the sovereign territory of Alamaguay, according to boundaries established in the agreement and historical practice. No mention is made of the formation of new islands or boundaries affecting any new islands; therefore, since the island known as Kilgus Strip was a “new” island formed after an earthquake in 2010, historical practice deems that the island be part of the sovereign territory of Alamaguay, and follows that inhabitation of the island shall be by the indigenous Witscoki people who currently inhabit Veres island and Ryne's Landing in Kilgus Lake.

2. The territory known as the Oxbox Marsh is part of the sovereign territory of the Republic of Alamaguay According to the Agreement 1925 , Battenland shall possess henceforth in complete sovereignty the country, lands and domains situated on the right bank of the Varsho, and Alamaguay shall possess henceforth in complete sovereignty the country, lands and domains on its left bank, both as the Varsho lies north and south of the Great Lake Kilgus.

The Oxbow Marsh did exist at the signing of the 1925 Agreement between Alamaguay and Batttenland. The earthquake in 2010 changed the course of the Varsho River, causing a parcel of marshland, known as Oxbow Marsh, to now be located west of the river, as opposed to its previous location before the earthquake, east of the river. The change in the course of the Varsho River, which had formally followed a U-shape bend, now was flowing straight through, and since this circumstance was also caused by the earthquake in 2010, no human intervention could have prevented the change in the course of the Varsho River.

From 1925, the year of the 1925 Agreement, until 2010, there was no noticeable change in the course of the Varsho River, and there is no record of any discussion between the States concerning that it could be a possibility in the future.

3. Alamaguay does not violate the laws regulating neighborly relations between Alamaguay and Battenland that discovered shale gas deposits near the river Varsho

The Ministry for Internal Development (“MID”) of Alamaguay made a press release on March 15th, 2011, proclaiming its discovery of shale gas deposists in an area neighboring the Upper Varsho. This news was very significant for Alamaguay, since due to constant political unrest, the State has sustained stunted economic growth and held a mostly an agrarian economy. The state-owned energy company, Alamapower, was to proceed to develop the site with a technique called hydraulic fracturing.The drilling process can take up to a month, after which the well is cased with cement to ensure groundwater protection. This discovery meant that Alamaguay could now hope to be more energy independent in the future; especially since about 60% of Alamaguay's oil and natural gas were currently provided by Battenland; 20% being filled domestically (mostly from coal), and 20% from foreign markets.

On April 1st 2011, Batenland sent a Note Verbale to Alamaguay asking whether an environmental impact assessment had been undertaken in regard to Alamaguay's development of the shale gas site. If such an assessment had been made, Battenland desired to have the results made known. Battenland proceeded to remind Alamaguay of its obligations under Article 6 of the 1925 Agreement--stating that if one State takes action that may be seen as a detriment to the other State, both States should meet peacefully and attempt to resolve the situation. The following day President Maksudian made a public response to Battenland, stating that Alamaguay will no longer be bullied by Battenland, and that Alamaguay will do everything in its power to make itself an energy independent State. Both parties have discussed the proposed fracking project, but no official minutes were kept or agreed upon.

As recently as 2011, Alamaguay's s state-owned mining company began to cultivate precious metal deposits in an area next to NVNP. It should be noted that to date, Battenland has not asked that Alamaguay conduct any environmental impact assessment regarding the extraction of precious metal deposits in an area adjacent to Niziol Valley. Tourism has been encouraged in this sparsely populated region, now known as the NVNP, which contains desert landscapes and unusual rock formations. In 2007 the NVNP was named a UNESCIO World Heritage site, and is protected under Article 2 of the WCNH.

4.TheRepublic of Alamaguay is not in breach of its obligation to protect the waters of the River Varsho and Lake Kilgus, and the plant and animal life found therein, for the benefit of future generations

Alamaguay does not make extensive use of the Varsho River for irrigation, but uses the Asos River further to the east. The people of Aalmaguay, who reside on the shores of Lake Kilgus, as well the Witsocki people on Veres Island and Ryne's Landing, fish in the waters of Lake Kilgus, and some Alamaguayans in the vicinity of the Varsho River and Lake Kilgus rely on the river and lake for drinking water. However, Alamaguay mostly relies on other sources for drinking water.

Battenland mainly uses the Varsho River for irrigation purposes, and also uses water from Lake Kilgus to supply drinking water for many of its municipalities. The municipalities of Battenland that do not use the Varsho River to obtain their drinking water make use of groundwater, aquifiers and some smaller rivers in the west of the country. Neither State has signed the 1997 United Nations Convention on the Law of the Non-Navigational Use of International Watercourses.

Battenland articulated its desire for an environmental impact assessment to take place regarding the proposed extraction of natural gas by Alamaguay within the region. In 2011, a pharmaceutical company in Battenland made a discovery in the area of Oxbow Marsh of a potential plant-life compound, labeled as Compound D23. According to researchers, this amalgam held the capability to be developed as treatment for certain forms of cancer. However, critical to this development is the preservation of Oxbow Marsh from experiencing any increase in pollutant or other contaminant. To date, there is no information available to support the pharmaceutical company's assertions as to the capabilities of the drug. The company has not yet completed or published the results of any additional studies.

It has not been determined whether or to what extent Alamaguay will utilize the Varsho River in connection with the shale gas project. The Varsho River is located adjacent to the project site, but there are other potential water sources available to Alamaguay.

On July 9th, 2011, a newspaper article was published from a Battneland citizen who had recently visited the NVNP. He was disappointed that certain sections of the park had been closed. The Battenland citizen, who is also a chemical engineer, blamed the closings on contamination caused by nearby “heap leach” mining operations. In this process the precious metals are extracted by a series of chemical reactions that absorbs specific minerals and then reseparatethem after they divide from other materials in the earth. If the used water is not treated effectively, it can contain contaminants; however, Alamaguay does have national environmental legislation to deal with these situations, should they occur. The Battenland citizen alleged that since his visit to NVNP he has suffered from migraine headaches and skin rashes, but there exists no corroboration to support his claims. The Alamaguay government and public affairs office have made no comment.

Both Alamaguay and Battenland are members of the 1992 CBD, which lists under Article 5, “Each contracting Party shall, as far as possible and as appropriate, cooperate with other Contracting Parties, directly or, where appropriate, through competent international organizations.” The objectives of the CBD, and with which Alamaguay are in agreement with are: to conserve biological diversity for future generations; to utilize biological diversity in a sustainable way; and to share the benefits of biological diversity fairly and equitably.

SUBMISSIONS

On behalf of the State of Alamaguay, the Court is asked to adjudge and vindicate the following:

1. The Kilgus Strip be recognized as a sovereign territory of the Republic of Alamaguay;

2. The Oxbow Marsh be recognized as a sovereign territory of the Republic of Alamaguay;

3. The Republic of Alamaguay is not in breach of contract regarding its obligations under both conventional and customary law in correspondence to the development of the shale gas-mining site in close proximity to the River Varsho;

4. The Republic of Alamaguay is under no violation of its duties to sustain and conserve the waters of Lake Kilgus or the River Varsho, encompassing any natural plant and animal life found within, with the intention of promoting its preservation for future generations.

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