- •In the international court of justice at the peace palace
- •Index of authorities
- •Index of authorities
- •Treaties and Conventions
- •United Nations Resolutions and Other Documents
- •International Cases and Arbitral Decisions
- •Treatises and Other Books
- •Miscellaneous
- •Statement of jurisdiction
- •Questions presented
- •Statement of facts
- •Interim president Andlers ultimatum
- •Summary of pleadings
- •The court may exercise jurisdiction over all claims in this case, since the Andler government is the rightful government of the republic of Aprophe
- •Rantania is responsible is responsible for the illegal use of force against Aprophe in the context of operation uniting for democracy
- •Pleadings
- •The court may exercise jurisdiction over claims of aprophe and rantania
- •2. Andler government is a rightful government of the republic of aprophe
- •Effective control doctrine
- •Estrada doctrine
- •Tobar doctrine
- •International practice of recognition of a coup government
- •Rantania is responsible is responsible for the illegal use of force against aprophe in the context of operation uniting for democracy
- •Rantanian military actions against aprophe is violation of international law
- •Rantanian actions are agression under international law
- •Rantanian courts lack jurisdiction in the case of turbando, et. Al., V. The republic of aprophe
- •The decision of the rantanian supreme court of december 12, 2009 violates the principle of sovereign immunity of states
- •The rantanian supreme court can not deny aprophe the right of sovereign immunity based on aprophe’s supposed violation of peremptory norms of international law
- •2. Rantanian courts have no legal basis to procede the case turbando, et. Al., V. The republic of aprophe
- •Aprophe’s destruction of a building of the mai-tocao temple did not violate international law Prayer for Relief
United Nations Resolutions and Other Documents
Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations, 1970. UN Doc. A/8082……………………………………………………………………………
ILO Recommendation 116, on the Reduction of Hours of Work (1962), (<http://www.ilo.org/ilolex/cgi-lex/convde.pl?R116>)…………………………………….
Resolution 2022 (2011) Adopted by the Security Council at its 6673rd meeting, on 2 December 2011. S/RES/2022 (2011)………………………………………………………
UN Security Council Resolution 1970 (2011), adopted by the Security Council at its 6491st meeting, on 26 February 2011, S/RES/1970 (2011)………………………………..
International Cases and Arbitral Decisions
Tinoco Claims Arbitration (Great Britain v. Costa Rica), William H. Taft, Sole Arbitrator, 1 U.N. Rep. Int’l Arb. Awards 369 (1923)…………………………………………………
Treatises and Other Books
Cherif Bassiouni, International Crimes Jus Cogens and Obligatio Erga Omnes. P. 269. (<http://www.sos-attentats.org/publications/bassiouni.jus.cogens.pdf>)…………………..
Malcolm N. Shaw, International Law. Cambridge: Cambridge University Press. Sixth edition. 2008………………………………………………………………………………...
Mark W. Janis, An Introduction to international law 62–63 (2003)………………………..
Peter Malanczuk, Michael Barton Akehurst, Akehurst's modern introduction to international law 57-58 (1997)……………………………………………………………...
J.L. Holzgrefe, Robert O. Keohane, Humanitarian Intervention Ethical, Legal and Political Dilemmas. Cambridge University Press, 2003, P. 17……………………………..
Miscellaneous
Draft Articles on Responsibility of the States for Internationally Wrongful Acts, art. 2……………………………………………………………………………………………..
The ILC Articles on Responsibility of States for internationally wrongful acts, art.41 (1)……………………………………………………………………………………….......
Statement of jurisdiction
The State of Aprophe (Applicant) and the State of Rantania (Respondent) submit the present dispute to this Court by Special Agreement, dated 12 September 2011, pursuant to Art.40(1) of the Court’s Statute. The parties have agreed to the contents of the Compromis submitted as part of the Special Agreement. In accordance with Art.36(1) of the Court’s Statute, each party shall accept the judgment of this Court as final and binding and shall execute it in good faith in its entirety.
Questions presented
The questions presented before this Honourable Court are as follows:
Whether the Court may exercise jurisdiction over all claims in this case;
Whether the Andler government is the rightful government of the Republic of Aprophe and can present the applicant’s claims behind the Honourable Court;
Whether Rantania is responsible for the illegal use of force against Aprophe in the context of Operation Uniting for Democracy;
Whether the exercise of jurisdiction by Rantanian courts in the case of Turbando, et al., v. The Republic of Aprophe violated international law;
Whether Rantanian may not permit its officials to execute the judgment in the case of Turbando, et al., v. The Republic of Aprophe;
Whether Aprophe’s destruction of a building of the Mai-Tocao Temple did not violate international law.