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MOOT PROBLEM

The Democratic Republic of Kitana (Applicant) Versus. The Republic of


Helenga (Respondent)
Facts: The Republic of Helenga herein after Helenga is a land locked country in
the continent of Lumia. Though rich in both Mineral resources and Biological
diversity, it is listed as a Least Developed Country by the Economic and Social
Council of the United Nations. Helenga is home to the Helenga Zebra, which is
listed in Appendix I of CITES as an endangered species. Throughout the last
century, the Helenga Zebra had faced, primarily due to poaching, a reduction of
almost 90% in its population. In 2005, a State protected nature reserve (Rabbi
Moslem Nature Reserve) was established by Helenga for the protection of the said
Zebra. Since then its population has remained stable at approximately 1,200.
Helenga gained independence in the year 1992 under the leadership of Rabbi
Moslem who subsequently became its first president. Rabbi Moslem was re-elected
president for a second time in 1998. However, at that time the Constitution of
Helenga prohibited any person from serving more than two terms as President.
However, in 2003 through an amendment to the Constitution he was permitted to
stand for the election one more time, and was elected unopposed. However, the
parliament refused to amend the Constitution a second time in 2009 to permit his
re-election. As a result, he forcibly dissolved the parliament, declared martial Law
and suspended the Constitution. Opposition members who stood against him were
jailed. Thereby, leading to his unopposed re-election as President in 2010.
Since 2010, the economy of the Helenga has collapsed and living conditions for its
people have deteriorated significantly. The food production in the state has come

to a standstill, so much so that it now relies on international food assistance to


prevent widespread famine.
On the other hand, the Democratic Republic of Kitana herein after Kitana is
located 4,800 km away from Helenga, in the continent of Pacifik. It has one of the
worlds fastest growing economies and has even been described as the
manufacturing capital of the world. However, the amount of natural resources (per
capita) available within the territory of the Kitana is far below the international
average. In the year 2015, the Republic of Helenga and the Democratic Republic of
Kitana entered into a Bilateral Investment treaty KABIT with the aim of creating
favorable conditions for greater economic cooperation. Subsequently, KitKat a
state owned entity of Kitana entered into an agreement with the Republic of
Helenga for the exclusive right of extracting mineral resources from the Rabbi
Moslem Natural Reserve on the payment of 100 million USD to the Helenga
Government.
The Rabbi Moslem government was however overthrown in a civil war in 2016
under the leadership of a revolutionary named B.C. May. On coming to power the
government conducted an EIA (Environment Impact Assessment) of the proposed
mining project. Based on the findings of the EIA it suspended and subsequently
revoked all mining activitys rights within the reserve. The government of Helenga
refuses to pay any compensation for the suspension of the mining activities. The
Negotiations, which followed between the states, failed. Pursuant to a special
agreement the dispute is now referred to the UN International Court of Justice for
final resolution.
Please Note:
1. The Facts should be presumed to be correct and to be true.
2. The contesting parties are the members of the UN.

3.

The International Law (as on 22.08.2016) is applicable to the contesting


parties.