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Summary of Pleadings

The Ratonan Government, by establishing the Marine Protected Area (MPA) over the Delfino
Archipelago violates both procedural and substantive international law. Historically, the Asterian
fisherfolk conducts fishing activities in the archipelago since the 5th Century. These Asterian
fisherfolks have deep connection with this fishing activity and has obtained their only means of
subsistence from such fishing. Further, this activity was without opposition from the Ratona for
the same long period of time. Thus, the right has ripened into a traditional fishing right, as
recognized justiciable under international legal rules. In the alternative, assuming that Asterian
fisherfolks have no traditional fishing rights over the Delfino Archipelago, still, they have the
right as enshrined under the International Covenant on Civil and Political Rights to be protected
from any acts which effectively strip them of their means of subsistence.

This being the case, the Ratonan government has the concomittant obligation to honor
this right as commanded under Article 56(2) in relation to Article 55 of the United Nations
Convention on the Law of the Seas, despite the fact that Ratona excercises sovereignty over the
archipelago. By reason of this, Ratona does not have the right to unilaterally impose any
municipal regulations concerning the same archipelago without giving due regard to the rights of
the Asterian fisherfolks. International jurisprudence and convention (UNCLOS) dictates that the
procedural requirement of genuine consultation is a requisite sine qua non in order for the coastal
state to impose control over its EEZ. In this case, however, the Ratonan Government failed to
render genuine consultation with the Asterian Government.

Having thus failed to meet the substantive and procedural requirements dictated under
international law, the MPA Act must be declared invalid.