Public International Law

Memorial Assignment

Assessment Tasks Instructions:

Students will work in pairs, allocated to the role of either

Applicant or Respondent, to prepare

their (individual) written pleadings on a hypothetical matter and

appear in an oral hearing

before the International Court of Justice. The hypothetical matter

is based on the factual

scenario below.

Details of the pairs have been released ...... at the same time as
this problem.

Students will prepare a Memorial in relation to a hypothetical

application recently filed

before the International Court of Justice, by the Republic of

Mongar. Students will be

required to articulate the questions of law before the Court, the

history of this litigation

before the matter was brought before the Court, and the current
state of the law as it relates to

the position of the party they are representing. Students must

produce a Memorial in respect
of the current hypothetical application before the ICJ: Dispute
pertaining to the Diplomatic

Status of the Mission of the Republic of Mongar.

Students must prepare a Memorial arguing on behalf of the

interests of the State they have

been allocated. There are two components to this task.

Part A. Briefing Paper: Index of authorities and tentative structure

Students must prepare a preliminary briefing paper comprising of

a list of authorities and

proposed structure for the particular orders they are seeking in

the (hypothetical) matter

before the International Court of Justice.

Word limit: Part A. Briefing Paper: 500 words.

The deadline for submission of Part A: Briefing paper is............

This task must be submitted in hard copy and via ....online.

Part B. Submission: Written pleadings

Students must research and identify all relevant rules of

international law which they then

apply to the facts of the matter to argue the case of their allocated
State before the

International Court of Justice. The Written Pleadings (i.e. the

Memorial) must follow the
form of Memorials before the International Court of Justice.

Word limit: Part B. Submission: Written pleadings: 3,500 words.

The deadline for submission of Part B: Submission: Written

pleadings is .......

. This task must be submitted in hard copy and via .....online.

Oral hearing: The oral hearing before the International Court of

Justice will be held in the

last class for the semester and further details will be provided
closer to that date.

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Factual background

The Kingdom of Calculatus was ruled over by the despotic King

Umbunctius III for over 65

years. In 1962 the Kingdom of Calculatus descended into a vicious

civil war between the

rival Mongar and Tuticon ethnic groups. Exactly what triggered the
Calculatus civil war is

the subject of considerable debate to this day, but it appears that

attempts by King

Umbunctus III to build a bowling alley for his oldest son Prince
Imbicile on a Mongar holy

site lead to clashes between Mongar and Tuticon priests which

escalated rapidly, plunging
the Kingdom into an all-out civil war.

While the civil war was still raging, in September 1968 King
Umbunctus III was killed by a

falling apple tree in the grounds of his palace. The tree had been a
gift from Prince Imbicile.

Blaming himself for his father’s death, Prince Imbicile locked

himself away in a monastery

taking a vow of silence for the rest of his life and renounced his
claim to the Calculatine

throne. The power vacuum that this created gave rise to the end
of the Calculatine civil war

and dissolution of the Kingdom of Calculatus along racial grounds

into two independent and

sovereign States: the Republic of Mongar and the Republic of

Tuticon. Both Republics were

proclaimed on 2nd April 1969. Both States were admitted as full

member States of the United

Nations shortly thereafter and have lodged declarations accepting

the jurisdiction of the

International Court of Justice. However, in lodging its declaration

of the Court’s jurisdiction,

the Republic of Tuticon made a reservation to its acceptance of

the Court’s Jurisdiction under
Article 36(2) of the Statute of the International Court of Justice
excluding “disputes arising

under a multilateral treaty.” No such reservation was made by the

Republic of Mongar.

In 1973 Samuel Hydrangea became Foreign Minister of the

Republic of Mongar. Later that

same year his old friend from law school Joyce Camelia also
became President of the

Republic of Tuticon. As old friends, they exchanged

correspondence by mail discussing their

old university days and lamenting the break-up of the Kingdom of

Calculatus. In a letter to

President Camelia dated 23 May 1973, Mr Hydrangea wrote:

“My dear Madam President it is so sad that the once great

Kingdom of Calculatus is

no more. Alas those days are over. But now that the scars of the
civil war are healing,

I do hope that we will forever live in fraternal friendship, each

nation respecting the

sovereignty of our two great nations. As a sign of the hopes for

peace we both share I

do hope you will see fit to ratify all the same treaties that we do,
because although we
are now two separate nations, our future is very closely linked and
we share common

interests and aspirations.”

In a letter sent in reply, President Camelia sent a short hand

written note to her old fried

Foreign Minister Hydrangea where she stated:

“My Dearest Sammy,

As long as we both shall live I am sure there will be peace in our

time. At times this

may mean we may need to take different paths in our foreign

policies. Of course there

are still some in both of our countries who would like to open old
wounds and this

means we have to tread softly. This means we can’t always do

exactly as you do.

Although I would like Tuticon to ratify all the same treaties as

Mongar, that won’t

always be possible. But you and I both know from our days in Prof
Pepe’s

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international law class that we don’t always need a treaty to be

bound by our

commitments. We will always respect Mongar’s sovereignty in

everything we do.”

Since 1972 both Mongar and Tuticon have maintained full

diplomatic and consular relations.

The Republic of Mongar ratified the Vienna Convention on

Diplomatic Relations 1961 (the

‘Vienna Convention’) on the 24th of May 1978. The Republic of

Tuticon has signed but never

ratified the Vienna Convention but has generally conducted its

international relations in a

manner consistent with the Vienna Convention. The only

exception to this was the support it

gave to Iran during the Iran Hostage crisis in 1979 when its
Ministry of Foreign Affairs

issued a press release saying:

“The Republic of Tuticon applauds the revolutionary zeal of the

hostage-takers and

supports their actions in full exercise of their sovereign rights to

smash global

imperialism.”

This coincided with a very brief period of Republic of Tuticon

history when the high priests

of Tuticon had seized control of the government of the Republic of

Tuticon and had sought to
implement an extreme version of their religion the Principles of
Gyger throughout the

Republic. After 6 months the junta installed by the priests was

overthrown and democracy

was restored.

In 2014 President Stump was elected President of Tuticon. Six

months after he was elected

allegations surfaced on the Global Cable news channel BNNN that

someone from President

Stump’s campaign team worked closely with the Mongar’s Secret

Service to campaign for

President Stump’s election. A central claim was that the Mongar

Ambassador to Tuticon

Ambassador Husbalatov, met several times with President Stump’s

Campaign Director Fared

Kluchbag and they discussed how to implement a social media

campaign to spread lies about

the main opposition candidate Billary Finton. An investigation

conducted by the Tuticon

police unearthed sufficient evidence to warrant a prosecution

against Ambassador Husbalatov

for breaches of Tuticon’s electoral laws and in the early morning of

17 December 2016
Tuticon police (accompanied by officials from the Tuticon Ministry
of Foreign Affairs)

raided the Mongar embassy at 216 Yokohama Avenue, Tuticon

City and arrested

Ambassador Husbaltov. He was taken to the central police station

where he has been

imprisoned ever since. Despite numerous protests from the

Republic of Mongar, the Republic

of Tuticon has refused to give effect to the immunity from foreign

criminal jurisdiction

ratione personae enjoyed by Ambassador Husbaltov. Public

outrage over the scandal

surrounding the Billary Finton allegations lead to President Stump

resigning from office and

fleeing to Russia where he now lives in exile.

In an effort to resolve the dispute diplomatically, President Oscar

of Mongar dispatched her

Vice-President Ike Spence to Tuticon City. During the Calculatine

civil war Vice-President

Spence lead a crack unit of Mongar soldiers and was implicated in

several alleged crimes

against humanity committed against Tuticon civilians. An ongoing

Tuticon Commission of
Inquiry with the power to collect evidence and launch
prosecutions had secretly been

building a case against Vice-President Spence for these alleged

crimes against humanity. As

his airplane landed at Tuticon City airport, it was surrounded by

Tuticon police, and VicePresident

Spence was dragged of the plane, arrested and placed in hand

cuffs. He was

subsequently charged with the alleged crimes against humanity

under the Tuticon Criminal

Code.

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You will address the following prayers for relief sought by the
Republic of Mongar, in their

application in proceedings filed in the International Court of

Justice on 5 August 2017. The

Republic of Mongar has asked the Court:

• To declare and hold that the Republic of Tuticon has not

respected the building

located at 216 Yokohama Avenue, Tuticon City as premises of the

diplomatic mission

of Mongar in Tuticon in accordance with their obligations under

international law;
and

• To declare and hold that the Republic of Tuticon has failed to

respect the principles of

the sovereign equality of States in accordance with international

law, by allowing its

courts to institute criminal judicial proceedings against its Ambas.

PUBLIC INTERNATIONAL LAW

MEMORIALS
INSTRUCTIONS
(Briefing Paper & Written pleadings)
Task:
All students have been allocated to moot groups comprising two
students: one for the

Applicant and One for the Respondent. These allocations will be

posted on .... online when

the problem is released. The problem and allocations will be

posted on .......

Students will be individually assessed on the quality of their

Briefing Paper and Written

Pleadings. Oral submissions will also be independently assessed

although students will moot
in pairs (i.e. Applicant v Respondent). Oral submissions will be
delivered in the last class in

Week ......

Word count:

The word count for this assessment is as follows:

Part A Briefing paper and index-500 words.

Part B; Written pleadings 3,500 words.

Please note that the word count excludes headings and footnotes
and that the 10% rule

applies.

Due date: Part A: Briefing ...; Part B: Written Pleadings....... Both

documents must be submitted in hard copy and via turn it in.

Any submission submitted after the due date without an

extension approved in advance

will not be marked and a mark of zero will be awarded as a

penalty for late submission.

Marking criteria:

Criteria Part A & B:

• Strategically scopes the parameters of application of law to facts

appropriate to the

moot problem

• Identifies the key authorities for persuasively arguing their

State’s position

• Creates a tentative structure that creatively optimises their

State’s position

Additional criteria for Part B:

• Communicates the analytical and legal substance of an

international law argument

clearly and strategically based on application and coherent use of

facts and

appropriate authorities

• Synthesises judicial decisions and scholarship about the

regulation of nation states

through international rights and obligations to develop a focused,

integrated, logical

and persuasive argument

• Economy and clarity of language and observance of word limits

• Appropriate structure and organisation (headings, sections,

paragraphs, footnotes).

Hi could you write 500 words part A, I Want it on sunday

afternoon 27/8/2017 . use Australian legal citation in references.
thanks