PROGRAM ÜN NEGOTIATION AT HARVARD LAW SCHOOL

AN INTER-UNIVERSITY CONSORTIUM TO IMPROVE THE THEOR Y ANO PRACTICE OF CONFLICT RESOLUTION

BAMARA B~)R DISPUTE

General Instructions

UN Report on the Background of the Durnia-Ebegon Dispute

l. GEOGRAPHY AND DEMOGRAPHY

Ebegon and Dur~ia are located in a tropical area of the developing world, far from any majar
~orld transportat1on routes, and equally far from the attention of the developed world. The area
is bounded by the sea, and by the countries of Dar Kulla, Elam, Kembo, and Joranth, ali of which
are also underdeveloped (see Figure 1).

The area is split down the middle by the Neretoni Escarpment, which marks the line between the
upl~nd jungles to its west, and the lowland plains to its east. The Bamara-Turundu river system
drams most of the area. Each of these rivers is fully navigable from the sea to the escarpment,
but only navigable by small craft after that. The Natha Mountains run along the western edge of
the area and then swing eastward across the northern part of Ebegon, separating the Cornatha
Valley from the rest of the area.

The social organization has traditionally revolved around tribes, which over the centuries have

c:tp y
distributed themselves throughout the area. The most populous tri bes are the four that inhabit
the plains: the Rindeli, the Pambela, the Bela, and the Fandali. Of the seven tri bes inhabiting the
jungles, only the T R d e ' V e i ª e ' W signifct the alfairs of the region.
11. HISTORY

::::1?:?.nd DulLSJhistorie~~E.n~25l}1S?,e~s
originally settled by wanderers traversing the jungle from the southwest. The early settlers
established a number of small towns throughout the area, including Mona and Akora, which later
grew to become the largest towns in the area. It is thought that the Pambela established the town
of Mona sometime in the twelfth century, where the city enjoyed the defensive advantages ofthe
Neretoni Escarpment, the nearby jungle, and the Bamara River, as well as the commercial
advantages of being located at the crossing of important trade routes (i.e., the Bamara River and
the road along the escarpment). The Turundu founded the town of Akora for similar reasons (see

ll1is case was written by Michael Landry. Copies are available online at. www.pon.org, telephone: 617-495:1684, o_r fax: 617-495-?8l8 This
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reserved. (Rev. 5/05)
 -é- · BAMARA BORDER DISPUTE - General lnformation

Figure 2.)

Much of the division between Ebegon and Durnia is simply a reflection of the historie conflict
between tribes in the area. The Pambela, which constitute the primary faundation upan which
the Ebegonian government and nation are laid, have long allied with inhabitants of the
neighboring plains to the north. Centuries ago, ali of the tri bes on the plains had been allied
against the tri bes of the jungle, until the Bela broke ranks after a squabble with tbe Pambela
during the fifteenth century. The Bela turned to the Turundu far protection, and together the two
tribes not only successfully resisted Pambelan attempts to reestablish hegemony, but also built
up Akora, Mona's rival , and later asserted power over the Fandali, farmer allies of the Pambela.
Relations between the Turundu, the predominant tribe in Durnia, and the Bela, have always been
a key element of Turundu rule. This alliance has enabled the Turundu to keep the more
populous Fandali in a subordinate position.

Colonial History

During the eighteenth and nineteenth centuries, the British and the French "discovered" the area.
The British explorers arr.ived from across the sea, faunding Kingstown (now Orbolunde) and
New Glasgow (now Yebba). The French crossed the jungle from the southwest along an ancient
trade route and carne upan Akora, which they promptly gave the benefits of their "civilizing"
intluence. Befare the Europeans had a chance to explore and fully map the area, the British and
French entered into the Entente Cordiale in 1904, settling their colonial rivalries. The border
between British New Maryland (now Ebegon) and French Val des Arbres (now Durnia) was
defined to be "an extension of the Eldridge line until its intersection with the Bamara River, and
thence down to the ocean, except far the region of Sonoria."

In later years it was realized that an extension of the Eldridge line intersected the Turundu River
south of Dakis, but did not intersect the Bamara River (or the Bora River). Evidently the
Europeans had thoEhtthat what it is,now called the Upper Bamara River (or perhaps the Bora
River) extended to E~gv 111'te:-,No~ J1lift7rnuch ~ti"1Nf:>e1'bJ'm. Neither
colonial power wa 'nt r~d iW'pu~g~ tWe\lhick B~ahi-:l{_¡ a~ay, and the Bela
appeared to be accommodating to both sides. A tacit understanding eveloped that neither
pow~uld entertairy{,c¡siness i~e Bam~~ule or the Bela Plai~ or at least not very
far in. T Br ish dicJ..~l@~ow cal~
in or er to~ secure their position, and ttie Frene
at ) j s t @ ~B

Dakis) at the confluence of the Turundu and the Bamara rivers.

r@
a trading p~~ow ca~2¡1 na

As for Sonoria, neither side made any use of it to speak of, except far the small road traveled by
the French on their way to the British trading post (now Yebba) at the mouth of the Bamara. lt
seems that the Sonoria exception mentioned in the Entente Cordiale was in favor of what is now
Joranth.

Both Ebegon and Durnia gained their independence in 1960 as part of the general decolonization
process that swept the developing world in the decades after World War IJ. The French, in order
to keep good relations with the local inhabitants, indicated in the grant of independence that Val
des Arbres' border with New Maryland ran from the mouth ofthe Bamara-Turundu River to the

CopyrigJ,t CI 1985 , 1995, 2005 by the Presiden! and Fellows ofHarvard College. AII rights reserved. (Rev. 5/05) 2
 BAMARA BORDER DISPUTE General lnformation

confluence w1th . the Bamara R1ver,

. and then a long t he Iengt h of th e Bamara river to. its f th
westemmost point (slightly west of the Rij Gate) and thence due south toan_ exten st ~n d °
Eldridge line (see Figure 3.) The British were slightly perturbed upon learnmg of this, an m
turn granted to New Maryland ali those lands north of "the extension of the Eldridge ~i~e to th e
first tributary of the Bamara that it intersects (i.e., the Turundu River)." Also, the ~ntis_h made
it clear that Sonoria was in fact a possession of New Maryland; they defined Sonona to me lude
"those lands between the Bamara-Turundu and the Fento Rivers, north of the confluence of the
Bamara and the Bamara-Turundu" (see Figure 4.)

Post-Independence History

Since 1960, both Ebegon and Durnia have asserted various claims to the disputed regions,
sometimes based on pre-colonial tribal history and at other times based on the colonial heritage,
but both have been too busy with the problems of organizing a new nation to engage in much
more than a war of words. When oil was discovered around the mouth of the Bamara in 1970,
however, the two countries began to take more notice of the border problem. At the urging of
the oil companies that wished to exploit the oil, Ebegon and Durian submitted the question of
sovereignty over Sonoria to the World Court in 1971. Judge Lanos, writing for the Court, laid
down the boundary in a place which many suspected was merely a case of "splitting the
difference," as she appeared to have cut the historical Sonoria in half. The result has been
particularly disturbing to Durnia, for drilling south of the "Lanos Line" (in 1978 and 1983) has
only produced dry holes.

In 1976, Durnia instituted a census and proceeded to issue identity cards to its citizens. The
Ebegonian government objected to the issuance of Durnian identity cards to members of the Bela
tribe, and when Durnia began employing its armed forces to issue identity cards to members of
other tri bes inhabiting the northern part ofthe Bela Plains on the outskirts of Fort Monata,
Ebegon threatened war. The crisis was averted when Durnia assured Ebegon that the census was
for the purpose of securing loans frol\l the World Bank, a€that the acceptance of identity cards
wo~ld not constitu~i~e-Vf1':f!ª~Zl)}SVip. B h covtffi'i~~qyently withdrew
their armed forces Á=.:,~&:BelVPI .C VV V _t-' _l

A nurr'8{ of other m . ~.ssues ~e cropps between the~vernm~ of Ebegon and

Durn~t e I st yea o v€}n_~lations e@. et i atir€)r~oUg@.@sue
was a mine~eposit iscovered west of La e bor b!ir.xp orat,on team uncler contract with
the Durnian government. Although only a minor find, the new geological information suggests
the possibility of substantial mineral deposits in the foothills of the Bamarani Jungle. The
density of the jungle, however, will complicate development efforts.

In an attempt to draw a definitive border, each party has agreed to send three negotiators with
full diplomatic powers to Nauna, a small village on the shores of Lake Ebor. In response to
requests by the two countries, the U.N. will host the negotiations but will not mediate. The U.N.
also compiled this report at the request of the parties. Fortunately, cartographic technology
(satellite photography, in particular) has progressed to the point where modern maps can be
taken as completely accurate, and any lines drawn on a map can be applied to the real world.
Fully detailed geographical and political maps of the area are attached.

Copyright O 1985, 1995, 2005 by the Presiden! and Fellows of Harvard College. Ali rights reserved. (Rev. 5/05) 3
 PROGRAM ÜN NEGOTIATION AT HARVARD LAW SCHOOL
AN ll'\TER-UN IVERSIT\' t.'ONSORTI UM TO IMPROVE THE THEORY AN O PRACTICE OF CONF LICT RESOL.lir!ON

Figure One: Geography

\
'
"/\"
\
Natha Mountains

Cornatlw
Vafley

PAMBELA
TRIBE

Bamarani Jungle River

la e
Plains

. opy
FANDALI

DURI\IA
o l:10Qad1U-C e

/
.I

Legend: .:;::::::==::, ri vers

-
escarpment
roads
country borders
/ \ /\ mountains
 PROGRAM ÜN NEGOTIATION AT HARVARD LAW SCHOOL
AN INTER-UNIVERSITY CONSORTI Ll ~I TO IMPROVE THE TJ-IEORY AN D PRACTIC E OF CON l'LICT RESOLIJl"IO:>;

Figure Two: History

Winou lslanJ

Natha Mo1mtai11s

Cornarha
Va/ley

PAMBELA
TRIBE

Bamarani Jungle Ri\'cr

Eldridgc Line
J? rundu Crossi ng

FANDALI

M
., opy
o , r:~.d.u_c e
DURNIA

/
Legend: rivers /\/\ mountains
escarpment
minernls
roads ,._ oil fields
country borders capital
*
 PROGRAM ÜNNEGOTIATION AT HARVARD LAW SCHOOL
,\N INTER-lJNl\'ERSITY CONSORTILIM TO IMl'ROVE TH E THEORY AN O PRAC.TICE OF CUNFLICT RESULlfflON

Figure 3: French Line

Escarpmcnl
Cornarha
Valle_v

PAMBELA
TRIBE

I
DURNIA rufundu- B
,,,-----,,/ Rivt
Bamarani Jimgle /
/
e •
VTurund u Cmssing
,._ Eldridgc Une

E FANDALI
L TRJBE

Figure 4: British Line

º" i
1 ·n

onata

D PAQ. .
-i-R'irl'E
e
EBEGON
1
r ufundu-e
.,..-./' Rh·c
Bamamni Jungle /
Eldri<lgc l.inc í
-,'Turundu Crossing

F'ANDALJ
TRLBE
DURNIA
 RO LAW SCHOOL
P RO G RA M ON N E GOT IA T I ON A T H A R V A CE OF CONFLICT RESOLUTION
AN INTER-UNIVERSITY CONSORTIUM TO IMPROVE THE THEOR Y AND PRACTI

BAMARA .R DISPUTE

Confidential Instructions for the Ebegonian Diplomats

As the Assistant Minister of _ _ _ _ for Political Relations, you have been asked, along with
your counterparts from the Ministries of _ _ _ _ and _ _ _ _ , to negotiate with similar
officials from Durnia, the location ofthe border between Ebegon and Durnia. You should meet
with your counterparts prior to the negotiation to establish your strategy.

In preparation for the negotiation, the Ministries of Foreign Affairs, Finance, and War have
drawn up reports regarding the issues they find to be most important. There is also a concluding
comment by Prime Minster Duabi. While you are particularly responsible for safeguarding the
interests of your own Ministry, yo u should of course remember that your top priority is the
national interest.

In addition to the interna! report, you are being provided a copy of a report prepared for both
sides by the UN, which contains important background information and maps.

Ministry of Foreign Affairs

As a young and weak nation, it is important that we consider our national pride and prestige in
the upcoming negotiations. Our people expect their government to uphold their historie rights
and protect their vital interests. Any appearance of caving in to Durnian demands could deal a
severe blow to our public support, and possibly bring about a change of government. While

e V l e w "-, o p y
concern for our re~ion sho~l~uit:le your entire negot~n, there are a few points which are
especially significa_f_t\_

Mount Neret: As you are well aware, Mount Neret completely dominates the view to
~ h from~i c~~+Jena. F o r a n ~ E ~ ~ c,ns;d~ ~nt
Wi\:ub be thel'.r'\Ji&wilurla.,sort of b ar.liagdios/ ~i\ai¡ A:ao. ~outh.
Were the line to be drawn so that Mount Neret lis within Durnian territory, our people
would feel a tremendous loss of an important part of their national heritage, and would
suffer a reminder of it daily. This must not happen. Be sure that we get Mount Neret.

Sonoria: In 1971 the World Court recognized that Sonoria belongs to Ebegon, at least
that part north of the Lanos Line. While we think Judge Lanos drew the line too far to
the north, this recognition was a great victory for Ebegon in the eyes of the world. lt is
not clear whether Durnia still claims it, but any such claim would clearly be illegitimate,

This case was written by Michael Landry. Copies are available al reasonable cost from the Clearinghouse, Program on Negotiation, Harvard .
Law School, 518 Pound Hall, Cambridge, MA 02138. Telephone: 617-495-1684, Fax: 617-495-7818. This case may not be reproduced, rev,sed
or translated in whole or in part by any means without the written permission ofthe Director ofthe Clearinghouse. Piense help to preserve the
usefulness of this case by keeping it confidential. Copyright 11:> 1985, 1995 by the President and Fellows of Harvard College. Ali nghts reserved.
(Rev. 5/05)
···'"'· BAMARA BORDER DISPUTE -- Confidential Instructions for Ebegonian Diplomat

and should not be treated with respect.

Tribal Relations: There are a substantial number of people from the Pambela tri be
living in the Northern Be/a Plains, especially in the area near Mona. These people rely
on our protection from the abuses of the Bel a and Turundu, and their protection has
symbolic repercussions on our relations with our major constituency, the Pambela.
Beyond this, dominion over the Be/a Plains will do much to reassert our country' s
rightful historie position among the tribes of the area. lt will also weaken the power of
the Durnian government, as the ruling Turundu historically have relied on the Bela to aid
in the subjugation ofthe Fandali. Push to claim as much of the Beta Plains as possible.

Ministry of Finance

Currently, there are two significant development projects going on in Ebegon. The first is the
well-known exploitation of oil around the mouth of the Bamara. These operations have been
extremely profitable in the past, and in fact have been the mainstay ofthe Ebegonian economy.
With the recent drop in oil prices, revenues have declined sharply, but are expected to pickup
measurably within the decade. Obviously, loss ofoil producing areas would be a major setback
to our development plans.

Recently, however, the wells on Neb Island have been producing less oil than originally forecast
(although this information has not been made public). Considering the bad luck that the
Durnians have had in attempting to find oil in southern Sonoria, we are inclined to suspect that
northern Sonoria has considerably less oil than previously hoped. In the future we plan to
expand oil drilling operations along the shore northwest of Yebba.

Our other major development activity consists of severa! mining projects in the northern Natha
Mountains. These appear to be promising, and are especially valuable as a means of diversifying
our efforts away from total concentra¡ion in oil. Recent df'J1is
overies in the Cornatha Valley and
the Bamarani JungD ~ lflq-t;l~i~l '\t<;¡jpsits th re m~e~e,aJnable. In
particular, the newJtJl.s~re~de · j~Mt-'ofLake r~g th!f_thefoothills to the
west through the Bamarani Jungle may be excellent potential for the uture oevelopment.

Mini;{;}Oar Not Reproduc~e

Ebegon has an army consisting of about 40,000 troops, mostly equipped with jeeps or armored
trucks for fast operations. Recently we purchased three dozen tanks from Great Britain. We
have no air force and no navy.

Half of our troops and ali of our tanks are currently stationed in northern Sonoria, as protection
for our oil fields. The primary threat is Joranth, although a strike by Durnia cannot to be ruled
out. The forces in Sonoria are accompanied by a set of ferries to facilitate crossing ofthe
Turundu back to Yebba. Another 15,000 of our troops are stationed at Fort Monata, and the
remaining 5,000 are helping to construct some public works at the new capital, Rinde!.

Copyright O 1985. 1995, 2005 by lhe Presiden! and Fellows ofHarvard College. Ali rights reserved. (Rev. 5/05)
2
 BAMARA BORDER DISPUTE -- Confidential lnstructions for Ebegonian Diplomat

. .tn the border d'tsp ute with

The major defense interest likely to be at nsk . Durnia
r;o isu our sole
ta is
control of the Bamara River above the N eretorn. Escarpme nt · In part1cu 1ar ' ror I. lVlOna F rt
situated on the southern bank ofthe Bamara. Under no circumstances can we give uhp ho .
Monata. lt 1s. strateg1cally
. placed to protect our maJor
. c1ty,
· Mona, a nd to control bot t e maJor .
routes of travel on both the north-south axis (along the escarpment road) and the east-weSl axis
(the Bamara River).

lt is highly desirable, furthermore, that we maintain sole control of both banks of the ~am~ra ali
the way from Fort Mona/a to the Rij Gate (and the head of the river). The Bamara R1ver is th~
only feasible route through the Bamarani Jungle to the Cornatha Valley. The presence of fore1gn
troops along the Bamara anywhere above Fort Monata would threaten our hold on the Cornatha
Valley, and would open up Mona to attack.

Control ofthe southern bank ofthe Bamara below Fort Monata is less important, because such
positions would be exposed to attack from the Beta Plains anyway. On the other hand, the Be/a
Plains provide a useful buffer zone ofprotection from possible Durnia assaults, because they are
the natural avenue of attack between Akora and Mona. Consequently, the more of the Bel a
Plains that fall under Ebegonian rule, the better.

Otherwise, the Bamara River below Fort Monata and the Turundu River form fairly good natural
defense barriers. The Bamarani Jungle provides a similar natural barrier.

Durnia has about 60,000 troops, mostly motorized, and about two dozen tanks. Durnia maintains
such a large army primarily to keep the Fandali under its power, but there is always the potential
that the army will be used against Ebegon. It is believed that Dumia's troops are currently
stationed in and around Akora (their capital).

Prime Minister's Comments

1

Loss of Fort MonatDo~~sp-clTqlo~)'ftj\lJamourttWl~~~ity, andas such is

non-negotiable. ni~s~ioi\/of ~n't-werM Malso e ~ ~ ~ a n Beyond these two

d
. .º R
points, much is negotiable, but our interests should be kept clearly in min , and little should be

os .. en r Ü
givenlJ.purious Dunr{_a?f demant.

Whtle 1t 1s c ear to a 11·1 \J

now tuat onona 1s ours, g1ven ti;';'.'ecent news about tue 01 prospects U.le e
there, and the nuisance (and expense) of having to defend the area from the Joranthians, you are
authorized (although not required!) to trade it away. I assume that as diplomats you will be able
to play the Sonoria card for all it is worth. I leave the overall negotiation strategy to your
professional judgment. Do a good job; your country is counting on you.

Copyright C> 1985, 1995. 2005 by the Presiden! and Fellows of Harvard College. Ali rights reserved. (Rev. 5/05)
3