TEAM NO.

02

MEMORIAL FOR THE RESPONDENT

2ND PARACLETUS
INTERNATIONAL MOOT
COURT CUP
Jose Maria College Foundation, Inc. | College of Law
 TABLE OF CONTENTS

INDEX OF AUTHORITIES 3
STATEMENT OF JURISDICTION 4
QUESTIONS PRESENTED 5
STATEMENT OF FACTS 6
Background of the Relationship between Eldia and Marley 6
The Rise of Issues 7
Start of Deportation 8
SUMMARY OF PLEADINGS10
MAIN PLEADING 11
I. The actions of Eldia, in issuing and implementing the Joint Statement regarding the
deportation of Marleyan citizens, violate international law. 11
a. Eldia, in subjecting the Marleyan citizens found within its territory, to force deportation is in
violation of International Law for being discriminatory. 11
b. Eldia, in issuing and implementing the Joint Statement, effecting the deportation of Marleyan
citizens is in violation of international law for disregarding the rights of Marleyans. 19
II. The actions of Marley with respect to the “territorial integration” of Lobov into Marley, did
not violate international law22
a. Right to Self-Determination is an established right of People of Lobov 22
b. Territorial Integration is in Accordance with Valid Assertion of Right to Self-Determination by
the People of Lobov 25
CONCLUSION 27
PRAYER FOR RELIEF 28

Page 2 of 28
 INDEX OF AUTHORITIES

Statute of the International Court of Justice

- Article 40(1) 4
- Article 36(1) 4
- Article 38 4

Special Agreement
- Article 1 4
- Article 2(3) 4

International Convention on the Elimination of All Forms of Racial Discrimination

- Article 1 11
- Article 2(1) 13
- Article 5, e(i) 13, 18
- Article 6 14, 19

Vienna Convention on the Law of Treaties

- Article 26 12. 23

United Nations Charter

- Article 1(2) 14, 19,
23
- Article 55(c) 14, 20

International Covenant on Civil and Political Rights

- Article 1(1) 24
- Article 1(3) 24
- Article 13 15, 21
- Article 26 15, 21

Jurisprudence
- East Timor Case, People vs Australia, ICJ 1995 24
- North Sea Continental Shelf Cases (1969), Nicaragua vs US, and Kurada vs Jalandoni 24

Other References
- Scholten, Andrew (2016). International Law Aspects of Forced Deportations and 12
Expulsions. Congress on Urban Issues, Malaga.
- Right to Self-Determination, Australian Government, https://www.ag.gov.au/rights- 22
and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-
sector-guidance-sheets/right-self-determination
- Territorial Integrity and Political Independence, Oxford Public International Law, 23
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-
e1116#:~:text=Territorial%20integrity%20refers%20to%20the,of%20the
%20sovereignty%20of%20States.
- Page 74, Paragraph 2 and 3, Introduction to Public International Law by Bernas. 25

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 STATEMENT OF JURISDICTION

On 21 February 2022, the Republic of Eldia (Eldia) and the Federal States of Marley (Marley)

submitted the dispute to the International Court of Justice (ICJ) by Special Agreement, in accordance with

Article 40(1) of the Statute of the ICJ.

Under Article 36(1) of the Statute, jurisdiction of the Court comprises all cases which the parties

refer to it and all matters specifically provide for in the Charter of the United Nations or in treaties and

conventions in force.

ICJ acquired jurisdiction over Eldia and Marley upon their submission of the said Special

Agreement before the Court, agreeing that the Court has jurisdiction to decide the matter and that they

will not dispute the Court’s jurisdiction in written or oral proceedings. Further, the ICJ shall adjudge the

dispute in accordance with the sources of International Law as prescribed under Article 38 of the Statute.

QUESTIONS PRESENTED

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 I.

WHETHER OR NOT THE ACTION OF ELDIA, IN ISSUING AND IMPLEMENTING THE JOINT

STATEMENT REGARDING THE DEPORTATION OF MARLEYAN CITIZENS, VIOLATE

INTERNATIONAL LAW.

II.

WHETHER OR NOT THE ACTION MARLEY WITH RESPECT TO TERRITORIAL INTEGRATION

OF LOBOV INTO ELDIA DID NOT VIOLATE INTERNATIONAL LAW.

STATEMENT OF FACTS

Page 5 of 28
Background of the Relationship between Eldia and Marley

In the early 1600’s, Ymir was divided into two (2) administrative units: the Republic of Eldia

(Applicant) in the west and Federal States of Marley (Respondent) in the East (R.1).

During this colonial rule, the viceroy assigned Lobov, a small region located in the south of Ymir,

to be part of Eldia due to its proximity. Lobov is closer to Eldia than to Marley. However, majority of the

people residing in Lobov are of Marleyan heritage and speak Dirk, which is one of the official languages

of Marley along with English (R.2).

In 1919, Eldia and Marley achieved independence from colonial rule and thereafter entered into

an agreement wherein both states retain the border established during the colonial period. Moreover,

under the agreement, Eldia will retain sovereignty over Lobov but recognizes that the people of Lobov

have the right of self-determination (R.3).

To improve their economy, Eldia and Marley adopted the Information and Communication

Technology (ICT) industry (R.5).

Eldia is importing its hardware and ICT workforce from other countries (R.6), such as Republic

of Fritz (Fritz). Eldia has been a top trading partner of the Fritz. Their partnership and friendly

relationship lasted for more than seventy (70) years (R.7).

On the other hand, Marley, heavily invested in ICT and encourages its people to learn software

development. Efforts of Marley paid off when it ranked 4 th in Jaeger Information Technology Report

(JITR) in 2020 (R.8).

In 1995, Eldia started its diplomatic relations with Marley. Their relationship may be described as

“civil” which leaves much to be desired (R.9).

The Rise of Issues

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 In 2014, the Eldia government had a friendly approach with Marley which drastically improved

their diplomatic relations, resulting in the increase inflow of laborers and skilled workers from Marley to

Eldia, mostly in its ICT industry (R.11).

Four (4) years thereafter, people of Eldia noticed the “sudden increase” of Marleyans living in

their country. News reports reveal that Eldia is slowly becoming the hacking capital of the world. Crime

rates increased by 15% since 2016 and Eldians are blaming it on the increased number of Marleyans in

their country as reflected on the national survey (R.12).

In 2020, the Department of Defense of Fritz, the trading partner of Eldia, was hacked.

Confidential documents involving state secrets and national security of the Fritz was compromised and

leaked to the public. Subsequent investigations divulged that the hacking was done within Eldia traced to

an Marleyan IT company which is employing several Eldian workers (R.13).

The Fritz government denounced the cyber-terrorist attack and implored the government of Eldia

to act properly against Marley. When Eldia failed to perform retaliatory actions against Marley, Fritz

imposed several economic sanctions against Eldia (R.13).

The hacking incident spurred civil unrest including riots, mass rallies by the Eldians against

Marleyans. They urged the Eldian government to oust the Marleyans from their country. Anti-Marleyan

sentiments escalated. This is shown during 2020 national elections where the Eldia’s Democratic National

Party (DNP), being vocal against Marley, won the election by landslide (R.14).

The new Interior Secretary of Eldia condemns the continued hacking and continued cyber-

terrorism conducted by Marleyans in its land and that Eldia will perform all necessary means to protect

the safety and security of the country. Thereafter, Marleyan’s Foreign Minister countered that the

statements made are discriminatory against the citizens of Marley and the Marleyans do not engage in

criminal activities (R.15).

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 Both parties arrived at an impasse. Eldia decided to sever its diplomatic ties with the Marley due

to the security threats of criminal hackers (R.16).

Start of Deportation

After the severance diplomatic relations, Eldia advised all Marleyans to voluntarily leave Eldia

within 48 hours or to face deportation, in effect of Joint Statement of its Secretary of Justice and Secretary

of Interior (R.17). Deportation agent started issuing notices to citizens of Marley when the period

elapsed. Marleyans are reminded to leave or else face detention and eventually deportation (R.18).

Exceptions are however provided:

1. Dual citizens of Eldia and Marley;

2. Citizens of Marley who are married to citizen of Eldia; and

3. Citizens of Marley who have minor children (who are citizens of Eldia) and are living in Eldia
(R.17)

As a response, Marley’s Foreign Minister condemned the actions of Eldia, alleging that the

forced deportation is a violation of international law and international law against racial discrimination

(R.19).

In opposition to the actions of Eldia, social media campaigns started in Marley including

#FreeedomforLobov. It concerns the safety of ethnic Marleyans in Lobov. Marleyans referred to the Eldia

as international criminals that had no regard for international human rights law and right to self-

determination. The campaign called the Marleyan government to take action to protect ethnic Marleyans

in Lobov (R.20).

Subsequently on 8 September 2021, Marley dispatched its military units to Lobov. The military

operation resulted in attaining operational control of Lobov, without causing any serious injuries or

fatalities (R.21).

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 A day after the said military operation, a demarche was delivered to Marley from Eldia. It

characterizes Marley’s military action as a gross violation of international law and Eldia’s sovereignty

and demanded an immediate withdrawal of Marley’s military personnel from Lobov (R.22).

Five (5) days thereafter, the President of Marley issued a statement defending its military action.

It emphasizes the United Nations Charter in recognizing the right to self-determination of peoples and

added that a referendum would take place (R.23).

During the referendum, voters were asked whether they wanted Lobov to be a province of Marley

or Eldia. 90% of the eligible Marleyan voters in Lobov is in favor of Lobov becoming a province of

Marley, 9% is in favor of Eldia, and 1% submitted blank ballots (R.24).

Eldia described the referendum as bogus and a sham, alleging that it was performed with undue

influence by the Marleyan military. Hence, Eldia formally declared that Lobov was an occupied territory

(R.25).

Meanwhile, twelve (12) United Nations members have formally recognized what Marley refers to

as the “territorial integration” of Lobov into Marley (R.26).

In the attempt to ease the differences, the government of Switzerland facilitated the negotiations

between Eldia and Marley. Both States agreed to submit this dispute to ICJ, and Eldia voluntarily agreed

to stay the implementation of the deportation notices until the resolution of the case on merits (R.27).

Page 9 of 28
 SUMMARY OF PLEADINGS

I. The actions of Eldia, in issuing and implementing the Joint Statement regarding the

deportation of Marleyan citizens, violate international law.

The issuance and implementation of Joint Statement by Eldia, effecting the deportation and threat

of expulsion of Marleyan citizens in Eldia based solely on nationality, violates international law. The

said act of Eldia constitutes racial discrimination which is strongly condemned and prohibited under

international law.

Both Eldia and Marley are signatories to the United Nations Charter, the International

Convention on the Elimination of all forms of Racial Discrimination and the International Covenant on

Civil and Political Rights. Hence, Eldia is bound to perform its obligations in accordance with the

doctrine pacta sunt servanda.

Eldia, in proceeding with its Joint Statement, deprived Marleyan citizens of its vested rights to

equal protection of law and it gravely disregarded Marleyan’s vested rights under international law.

II. The actions of Marley with respect to the “territorial integration” of Lobov into Marley,

did not violate international law.

Territorial integration of Lobov into Marley is in accordance of a valid assertion of right to self-

determination of people.

The right is undisputedly vested towards the people of Lobov, as agreed upon by both Eldia and

Marley in their agreement. Further, such right is protected under international law. The Charter of the

United Nations, the Vienna Convention on the Law of Treaties, the International Covenant on Civil and

Political Rights and the International Covenant on Economic, Social and Cultural Rights clearly

establishes the right of self-determination to which both parties acceded.

Page 10 of 28
 MAIN PLEADING

I. The actions of Eldia, in issuing and implementing the Joint Statement regarding the

deportation of Marleyan citizens, violate international law.

a. Eldia, in subjecting the Marleyan citizens found within its territory, to force deportation is in

violation of International Law for being discriminatory.

Eldia violated International Law upon advising all Marleyans to voluntarily leave Eldia within 48

hours with the threat of detention and deportation upon non-compliance. 1

a.1. Definition of Racial Discrimination, Deportation and Expulsion.

Racial discrimination means any distinction, exclusion, restriction, or preference based on race,

colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the

recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the

political, economic, social, cultural or any other field of public life. 2

Deportation is the removal of an alien out of the country, simply because his presence is deemed

inconsistent with the public welfare, and without any punishment being imposed or contemplated, either

under the laws of the country out of which he is sent, or under those of the country to which he is taken.

Expulsion is an act by a public authority to remove a person or persons against his or her will

from the territory of that state. Hence, successful expulsion of a person by a country is called a

deportation.3
1
¶ 17, Record

2
Article 1 of International Convention on the Elimination of All Forms of Racial Discrimination

3
Scholten, Andrew (2016). International Law Aspects of Forced Deportations and Expulsions. Congress on Urban Issues,

Malaga.

Page 11 of 28
 a.2. Prohibition of Racial Discrimination

By virtue of the Doctrine of Pacta Sunt Servanda, every treaty in force is binding upon the parties

and must be performed by them in good faith4. Both Eldia and Marley are thus clearly bound to perform

their obligations in good faith subsequent to the ratification of the treaties prohibiting racial

discrimination.

Under International Convention on the Elimination of All Forms of Racial Discrimination

Article 2, Paragraph 1 provides that:

States Parties condemn racial discrimination and undertake to pursue by all

appropriate means and without delay a policy of eliminating racial discrimination in all

its forms and promoting understanding among all races, and, to this end:

(a) Each State Party undertakes to engage in no act or practice of racial discrimination

against persons, groups of persons or institutions and to ensure that all public

authorities and public institutions, national and local, shall act in conformity with this

obligation;

(b) Each State Party undertakes not to sponsor, defend or support racial discrimination

by any persons or organizations;

(c) Each State Party shall take effective measures to review governmental, national and

local policies, and to amend, rescind or nullify any laws and regulations which have the

effect of creating or perpetuating racial discrimination wherever it exists;

4
Article 26 of Vienna Convention on the Law of Treaties

Page 12 of 28
 (d) Each State Party shall prohibit and bring to an end, by all appropriate means,

including legislation as required by circumstances, racial discrimination by any

persons, group or organization;

(e) Each State Party undertakes to encourage, where appropriate, integrationist

multiracial organizations and movements and other means of eliminating barriers

between races, and to discourage anything which tends to strengthen racial division. 5

Article 5, Paragraph e(i) provides that:

In compliance with the fundamental obligations laid down in article 2 of this Convention,

States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to

guarantee the right of everyone, without distinction as to race, colour, or national or ethnic

origin, to equality before the law, notably in the enjoyment of the right to work, to free choice of

employment, to just and favourable conditions of work, to protection against unemployment, to

equal pay for equal work, to just and favourable remuneration.6

Article 6 provides that:

States Parties shall assure to everyone within their jurisdiction effective protection and

remedies, through the competent national tribunals and other State institutions, against any

acts of racial discrimination which violate his human rights and fundamental freedoms

contrary to this Convention, as well as the right to seek from such tribunals just and adequate

reparation or satisfaction for any damage suffered as a result of such discrimination. 7

5
Article 2, Par. 1 of International Convention on the Elimination of All Forms of Racial Discrimination

6
Id., Article 5, Par. e (i)

7
Id., Article 6

Page 13 of 28
Under the Charter of the United Nations

Article 1(2) provides that:

One of the purposes of the United Nations is to develop friendly relations among nations

based on respect for the principle of equal rights and self-determination of peoples, and to take

other appropriate measures to strengthen universal peace. 8

Further, to supplement is Article 55(c) which provides that:

With a view to the creation of conditions of stability and well-being which are necessary

for peaceful and friendly relations among nations based on respect for the principle of equal

rights and self-determination of peoples, the United Nations shall promote universal respect for,

and observance of, human rights and fundamental freedoms for all without distinction as to

race, sex, language, or religion.9

Under International Covenant on Civil and Political Rights

Article 13 provides that:

An alien lawfully in the territory of a State Party to the present Covenant may be

expelled therefrom only in pursuance of a decision reached in accordance with law and shall,

except where compelling reasons of national security otherwise require, be allowed to submit the

reasons against his expulsion and to have his case reviewed by, and be represented for the

8
Article 1(2) of United Nations Charter

9
Id., Article 55(c)

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 purpose before, the competent authority or a person or persons especially designated by the

competent authority.10

Article 26 provides that:

All persons are equal before the law and are entitled without any discrimination to the

equal protection of the law. In this respect, the law shall prohibit any discrimination and

guarantee to all persons equal and effective protection against discrimination on any ground

such as race, colour, sex, language, religion, political or other opinion, national or social origin,

property, birth or other status.11

a.3. Acts of Eldia Constituting Racial Discrimination in Violation of International Law

Racial discrimination arose when Eldian citizens performed riots, mass rallies to the extent of

urging the government of Eldia to oust all Marleyans, in general. 12 The demonstration is the result of the

hacking incident affecting the Department of Defense of Fritz. 13 Although investigation revealed that the

hacking was done within Eldia tracing to the virus from a Marleyan IT company employing several

Eldian workers,14 none was found to prove that Marleyans are behind such hacking.

Despite the clear and vocal discrimination of Eldians towards Marleyans, none was done by the

government of Eldia to eliminate such discrimination, or even at least, to plunge the acts of its citizens

against Marleyans. In fact, Eldia’s Secretary of Interior immediately issued a statement to condemn the

10
Article 13 of International Covenant on Civil and Political Rights

11
Id., Article 26

12
¶14, Records

13
Id.

14
¶13, Records

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continued hacking and continued cyber-terrorism conducted by Marleyans in their land; that the

government of Eldia will perform all necessary means to protect the safety and security of country. 15

The government of Eldia, without due process of law in determining the culprit behind the

hacking incidents, subjected and accused Marleyan citizens in committing the same. In fact, Eldia, in

severing it diplomatic ties with Marley, cited baseless security threat posed by the number of Marleyan

worker, most especially, ICT workers which Eldia considered as “criminal hackers”. 16

Thereafter, the actions of Eldia towards Marley further escalated to the negative. The Secretary of

Justice and Secretary of Interior of Eldia, through its Joint Statement, advised ALL MARLEYANS to

voluntarily leave the country within 48 hours or face deportation, 17 except those who have dual

citizenship of Eldia and Marley, citizens of Marley who married to citizens of Eldia, and citizens of

Marley who have minor children who are citizens of Eldia and are living in Eldia. 18 Deportation agents of

Eldia actually issued notices to all Marleyan citizens within Eldia reminding them to leave or to be

deported, after the lapse of the said period.

a.4. Application of International Convention on the Elimination of All Forms of Racial

Discrimination.

Eldia, in accusing and labeling Marleyan workers, especially ICT workers, as criminal hackers

without due process of law and forcing all Marleyan citizens to leave Eldia or to face deportation, where

Marleyans’ only option is to leave against their will, nullified and impaired the recognition, enjoyment or

exercise, on equal footing of human rights and fundamental freedoms in political, economic, social,

cultural and other field of public life of all Marleyan citizens within Eldia based on their national or

ethnic origin. Simply, racial discrimination exists to the prejudice of Marleyans.

15
¶15, Records

16
¶16, Records

17
¶17, Records

18
Id.

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 Eldia failed to perform its obligations in good faith, under International Convention on the

Elimination of All Forms of Racial Discrimination, to wit:

a.4.1. Obligation to Condemn Racial Discrimination Under Article 2, Paragraph 1.

Eldia failed to undertake to engage in no act or practice of racial discrimination against

Marleyans and to ensure its public authorities and public institutions, national and local to act in

conformity with this obligation. When Eldian citizens spurred civil unrest by performing riots, staging

mass rallies against Marleyans, and in urging the government of Eldia to oust Marleyans, 19 none was done

to condemn the same.

Eldia failed in not sponsoring, defending, or supporting racial discrimination against Marleyans.

In fact, instead of condemning racial discrimination of Eldians towards Marleyans, the Secretary of

Interior of Eldia condemned the baseless allegations of hacking and cyber-terrorism of Marleyans in their

land. 20

Eldia failed to take effective measures to eliminate racial discrimination. Instead of taking

effective measures, Eldia proceeded with the issuance of Joint Statement of Secretary of Justice and

Secretary of Interior, where it advised all Marleyans to voluntarily leave the country within 48 hours or

face deportation.21

Eldia failed to prohibit and bring to an end, by all appropriate means, the racial discrimination

conducted by its people and its public officers. Eldia further proceeded with the issuance of notices

effecting the Joint Statement. 22 Although Eldia agreed to voluntarily stay the implementation of

19
¶14, Records

20
¶15, Records

21
¶17, Records

22
Id.

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deportation notices until the resolution of this case, 23 the threat of expulsion of citizens of Marley from

Eldia still exist.

Eldia failed to encourage, in any means, to eliminate barriers between races, and to discourage

which tends to strengthen racial division. None was done by Eldia to eliminate barriers between Eldians

and Marleys. Effecting the deportation of Marleyans will only highlight the unwarranted barrier which

Eldia created.

a.4.2. Obligation to Guarantee the Right to Work under Article 5, e(i).

In compliance with the fundamental obligation set forth above, Eldia is also obliged to prohibit

and to eliminate racial discrimination in all forms and to guarantee the right of everyone, without

distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the

enjoyment of right to the right to work, to free choice of employment, to just and favourable conditions of

work, to protection against unemployment, to equal pay for equal work, to just and favourable

remuneration.24

The issuance and implementation of the Joint Statement regarding the deportation of Marleyan

citizens will cause the deprivation of right of Marleyans to work, simply based on their nationality.

Marleyans citizens and workers, regardless of the nature of their work, who are within Eldia are forced to

place themselves outside the territory of Eldia without due process of law.

Hence, Eldia once again, failed to prohibit and eliminate racial discrimination. And it is salient

that, Eldia itself, through its issuance and implementation of the said Joint Statement, committed the very

definition of racial discrimination.

a.4.3. Obligation to Provide Effective Protection and Remedies Under Article 6.

23
¶27, Records

24
Article 5, Par. e(i) of International Convention on the Elimination of All Forms of Racial Discrimination

Page 18 of 28
 Eldia is bound to assure everyone within their jurisdiction effective protection and remedies,

through competent national tribunals and other State institutions, against any acts of racial discrimination

which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right

to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result

of such discrimination.25

Prior and after the issuance of the Joint Statement, effective protection and remedies are non-

existing. Nothing of the said protection and remedies are availed of by the Marleyan citizens. In fact,

without due process of law, the government of Eldia considered Marleyan workers, especially the ICT

worker, as criminal hackers.26 Remedies through tribunals are not available to Marleyans.

Marleyans, being found within the jurisdiction of Eldia, should be given assurance of the said

protection and remedies, but the government of Eldia consistently failed to do so.

b. Eldia, in issuing and implementing the Joint Statement, effecting the deportation of

Marleyan citizens is in violation of international law for disregarding the rights of

Marleyans.

b.1. Application of United Nations Charter

Under Article 1(2), one of the purposes of the United Nations is to develop friendly relations among

nations based on respect for the principle of equal rights and self-determination of peoples, and to take

other appropriate measures to strengthen universal peace. 27

Supplementary to that is its Article 55(c), which it states that, with a view to the creation of

conditions of stability and well-being which are necessary for peaceful and friendly relations among
25
Id., Article 6

26
¶16, Records

27
Article 1(2) of Charter of the United Nations

Page 19 of 28
nations based on respect for the principle of equal rights and self-determination of peoples, the United

Nations shall promote universal respect for, and observance of, human rights and fundamental freedoms

for all without distinction as to race, sex, language, or religion. 28

It is salient, having established the discriminatory acts of Eldia towards Marley, unfortunately

still Edlia failed to consider one of the purposes of United Nations to which it is a signatory. Universal

respect is not observed, human rights of Marleyans are violated, and freedom is being threatened to be

stripped off in effect of the Joint Statement.

Clearly, in effecting the expulsion of Marleyans by the government of Eldia, peace is not the

intention of the later. Furthermore, when Eldia ordered and implemented the deportation of Marleyan

citizens beyond their free will by reason of their race is a clear violation of the intention of the United

Nations Charter by which the Eldian government is bound. Marleyans are deprived of equal rights which

much be respected and observed across all borders. Marleyans are placed in a footing beneath to that of

the Eldians, making equal protection a mere concept beyond realization.

b.2. Application of International Covenant on Civil and Political Rights

Under Article 13, an alien lawfully in the territory of a State Party to the present Covenant may

be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except

where compelling reasons of national security otherwise require, be allowed to submit the reasons against

his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent

authority or a person or persons especially designated by the competent authority. 29

As a general rule, Marleyans being aliens who are lawfully in the territory of Eldia, may only be

expelled in pursuance of a decision reached in accordance with law, and be allowed to submit the reasons

28
Id., Article 55(c)

29
Article 13 of International Covenant on Civil and Political Rights

Page 20 of 28
against the their expulsion and to have their case reviewed and be represented by competent authority or

person designated by competent authority.

None of these essential procedures laid down by the International Covenant on Civil and Political

Rights, to which both Eldia and Marley are signatories, are observed. The expulsion of Marleyans is

solely based on a baseless accusation of Eldian government towards Marleyan workers as criminal

hackers,30 without due process of law. Significantly, the expulsion is being effected by mere Joint

Statement of Eldia’s Secretary of Justice and Secretary of Interior. 31

Cases are not filed against Marleyan citizens who are subject for expulsion, in fact, all of

Marleyans are subject of the same, nor are any of Marleyans represented for the said purpose by

competent authority or person designated by competent authority.

Under Article 26, all persons are equal before the law and are entitled without any

discrimination to the equal protection of the law. In this respect, the law shall prohibit any

discrimination and guarantee to all persons equal and effective protection against discrimination on

any ground such as race, colour, sex, language, religion, political or other opinion, national or social

origin, property, birth or other status.32

Eldia did not only failed to observe Article 13, but also failed to uphold the guarantee to all

Marleyans the equal and effective protection of law against racial discrimination.

Both Eldia and Marley ratified the above-mentioned treaties and conventions, they are bound to

respect, observe, and perform their duties and obligations in accordance with the doctrine of Pacta Sunt

Servanda. But to no avail, Eldia maliciously and willfully violated the same. Clearly, Eldians conduct is

contrary to the express language of the law.

30
¶16, Records

31
¶17, Records

32
Article 26 of International Covenant on Civil and Political Rights

Page 21 of 28
 II. The actions of Marley with respect to the “territorial integration” of Lobov into Marley, did

not violate international law.

a. Right to Self-Determination is an established right of People of Lobov

a.1. Definition of Right to Self-Determination and Territorial Integrity.

Self-determination while there is no universally accepted agreement as to the content of the right

to self-determination, at a minimum, it is agreed that, it entails the entitlement of peoples to have control

over their destiny and to be treated respectfully. This includes the people being free to pursue their

economic, social and cultural.33

Territorial Integrity refers to the territorial “oneness” or “wholeness” of the State. A norm of

international law, it protects the territorial framework of the independent State and is an essential

foundation of the sovereignty of States. 34

a.2. Protection of the Right to Self-Determination

By virtue of the Doctrine of Pacta Sunt Servanda, which provides that, every treaty in force is

binding upon the parties to it and must be performed by them in good faith 35, both Eldia and Marley are

bound to perform their obligations with respect to treaties they have ratified, in good faith.

Under Charter of the United Nations and Vienna Convention on the Law of Treaties

33
Right to Self-Determination, Australian Government, https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-
discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-self-determination
34
Territorial Integrity and Political Independence, Oxford Public International Law,
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1116#:~:text=Territorial%20integrity
%20refers%20to%20the,of%20the%20sovereignty%20of%20States

35
Article 26 of Vienna Convention on the Law of Treaties

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 One of the purposes of the United Nations is to develop friendly relations among nations based

on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate

measures to strengthen universal peace.36

Under International Covenant on Civil and Political Rights and International Covenant on Economic,
Social and Cultural Rights

Both Covenants pertain to the same provisions of law.

Article 1(1) provides that:

All peoples have the right of self-determination. By virtue of that right they freely

determine their political status and freely pursue their economic, social and cultural

development.37

Article 1(3) provides that:

The States Parties to the present Covenant, including those having responsibility for the

administration of Non-Self-Governing and Trust Territories, shall promote the realization of the

right of self-determination, and shall respect that right, in conformity with the provisions of the

Charter of the United Nations.38

Under the Eldia-Marley Agreement

It is undisputed that after both states achieved independence from colonial rule, they entered into

an agreement which provides that Eldia will retain sovereignty over Lobov but recognizes that the people

of Lobov have the right to self-determination. 39

36
Article 1(2) of the Charter of the United Nations

37
Article 1(1) of International Covenant on Civil and Political Rights

38
Id., Article 1(3)

39
¶3, Records

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 a.3. Right of Self-Determination has an Erga Omnes Character.

The assertion of peoples’ right to self-determination has an erga omnes character.40 An obligation

erga omnes is an international obligation owed to the International Community as a whole and is

demandable of any state. Violation of such obligation by any State allows other States to invoke the

violators liability, even if only one state or only a few states incurred direct material damage. 41

b. The Territorial Integration is in Accordance with Valid Assertion of Right to Self-

Determination by the People of Lobov.

It is undisputed that, under the colonial rule, Lobov was assigned by the viceroy to be part of

Eldia due to proximity; that Lobov is closer to Edlia than to Marley, but the majority of the people

residing in Lobov are of Marleyan heritage, in fact, they speak Dirk, which is one of the official

languages of Marley.42

b.1. Marley’s claim of right to self-determination

There are two (2) levels of claim to self-determination: First, the establishment of new state –

where the claim by a group within an established state to break away and form a new entity. Second, it

does not involve the establishment of new state. Simply, a claim to be free from external coercion, or the

claim to overthrow effective rulers and establish a new a new government, that is, the assertion of the

right of revolution, or the claim of people within an entity to be given autonomy. 43

As salient as it is, people who are seeking and asserting their right to self-determination are the

ones who feel that they have been discriminated and unjustifiably excluded from the community of their

40
East Timor Case, People vs Australia, ICJ 1995

41
North Sea Continental Shelf Cases (1969), Nicaragua vs US, and Kurada vs Jalandoni

42
¶2, Records

43
Page 74, Par. 2, Introduction to Public International Law by Bernas.

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state. The people of Lobov, who are by their very nature, which are of Marleyan heritage, are being

discriminated and unjustifiably subjected for expulsion.

Various means has been used by the United Nations to give effect to self-determination, such as,

resolutions of support for demands, sanctions for offenses against self-determination, helping in

ascertaining the will of the people, giving rights of participation in international fora, inquiries and

reports, military force to maintain order, formulation of criteria whether self-government exists, and

technical assistance. 44

Further, self-determination is widely understood to be exercised in a manner that preserves the

territorial integrity, political unity and sovereignty of the State.

b.2. Marley’s Military Operation and Referendum are valid assertion of its right.

Having been established the threat of expulsion of Marleyans, not just in Eldia proper, but also in

Lobov. Marley’s military operation in Lobov in obtaining operational control over the region is valid and

did not violate international law.

One of the means in effecting self-determination is enforcing military force to maintain order, and

this is what Marley did. In fact, the said operation did not cause any serious injuries nor fatalities.

In the light of International Covenant on Civil and Political Rights, people of Lobov can freely

determine their political status and freely pursue their economic, social and cultural development. Where

Marleyans in Lobov are being forced to leave by virtue of the Joint Statement, there exist a violation of

their inherent right to self-determination, to which Eldia is bound to respect. With that, Marley acted

accordingly when it enforces its military force to gain control over Lobov.

44
Id., Par. 3

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 Further, democracy was observed in the practice of right to self-determination of people of

Lobov. Marley announced that referendum would take place to cater the issue. 90% of the eligible voters

of Lobov voted that they wanted Lobov to be a province of Marley, only 9% voted in favor of Eldia, and

1% submitted blank ballots. 45

It is noticeable that in the exercise of right to self-determination, people of

Lobov wanted to be determined as Marleyans, as reflected in the referendum.

Referendum was a valid exercise of right to self-determination, in fact, twelve (12) members of

the United Nations formally recognized what Marley refers to as the “territorial integration” of Lobov

into Marley. 46
For what it’s worth, the acts of Marley with respect to “territorial integration” of Lobov

into Malrey, positively gave rise to instant custom, where the territorial integration observed does not

necessarily be a product of constant and prolonged practice, rather, it comes from a spontaneous act of

Marley which is supported by a significant number of States recognizing the same.

What was done is an appropriate conduct in preserving group identity and culture, to preserve the

oneness or wholeness of Marleyans as a whole and as an independent state. Hence, the said conduct is in

accordance with international law.

CONCLUSION

45
¶24, Records

46
¶26, Records

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 With the salient matters presented and established, the Respondent, the Federal State of Marley,

respectfully requests the Court to adjudge and declare that,

First, the actions of Eldia, in issuing and implementing the Joint Statement regarding the

deportation of Marley citizens, violate international law.

Second, the actions of Marley with respect to the “territorial integration” of Lobov into Marley,

did not violate international law.

PRAYER FOR RELIEF

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 In light of the conclusion, we, the Federal State of Marley, humbly prayed for the Court to pass

appropriate sanctions to Eldia, and to strongly direct the same to put an end to its unlawful conduct.

Other relief just and equitable under the premises are also prayed for.

RESPECTFULLY SUBMITTED,

AGENTS OF THE RESPONDENT

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