15TH GNLU INTERNATIONAL MOOT

COURT COMPETITION, 2023

Ferrousland – Measures Concerning

Lithium and Certain Products
Containing Lithium

15 – 18 February, 2024

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 Story of the Parties
A. Republic of Ferrousland
1. The Republic of Ferrousland (Ferrousland) is a high-income developed country with a Gross
National Income (GNI) per capita of USD 60,000. It is a major global financial hub comprising
many international banks. It is highly environmentally conscious and has always aspired to play a
key role in global efforts to reduce greenhouse gas (GHG) emissions and address climate change
issues pursuant to the rules of the United Nations Framework Convention on Climate Change
(UNFCCC) and the Paris Agreement. It often uses environment-related trade measures to achieve
these goals. In October 2019, before COP-25, it notified its updated Nationally Determined
Contributions (NDC) to the UNFCCC Secretariat where it committed to becoming net carbon-
neutral by 2043 and transitioning to a more circular economic model of production, consumption
and waste management.
2. The majority of Ferrouslandic topography comprises salt flats. In addition to the salt flats being
world-renowned tourist attractions, they are a chief source of lithium ore globally, comprising 30%
of the world’s total lithium ore deposits– available at varied concentrations (minimum 1.7% to
maximum 6% lithium concentration in the ore). Due to the abundance of lithium, automobile
manufacturers in Ferrousland have had easy access to this critical raw material to manufacture
electric vehicles (EVs). Consequently, since 2010 Ferrousland has become an important hub for
the modern long-range EV manufacturing industry.
3. The EVs manufactured in Ferrousland are considered ‘greener’ than other EVs owing to the low
CO2 emissions throughout the raw materials extraction (including lithium extraction) and EV
manufacturing process. In this regard, since January 2020, the Ferrousland Automotive
Manufacturers' Association and many International Organisations have all noted that
Ferrouslandic EVs emit 25% less CO2 (embedded and operational emissions) as compared to the
2010 levels, than EVs manufactured anywhere else in the world.1 Further, all these EVs are made
of 30-40% recyclable materials, making these EVs some of the most eco-friendly EVs in the
world.2 These EVs are sold across different automobile stores. However, the most popular stores
from where consumers purchase EVs in Ferrousland are the government-run Ferrouslandic
Green-Belt stores, where the consumers are assured of the highest performance and

1 Teams are not required to introduce any additional scientific facts, figures or evidence and should rely on the
information given in the moot problem in this regard.
2 Teams are not required to introduce any additional scientific facts, figures or evidence and should rely on the

information given in the moot problem in this regard.

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 environmental quality of all automobiles by the Ferrouslandic Automobile Safety Authority and
Ferrouslandic Environmental Authority.
4. In fact, since 2015, the Ferrouslandic Environmental Authority has mandated that all
Ferrouslandic automobile manufacturers present certificates attesting their CO2 emission levels
and the recyclable content in the body of the automobiles. In 2015, this condition was only
imposed on domestically manufactured automobiles, including electric vehicles.
5. Demographically, Ferrousland has a population of 30 million people out of which 1 million people
belong to Ferrousland’s indigenous population and reside in three states of Ferrousland- Adita,
Ananta and Taimta. These indigenous people have a special connection with the land they live on,
and prefer to stay just in their area, isolated from the rest of the country. The central and state
governments of Ferrousland respect this and have worked to protect the rights of the indigenous
people to ensure peaceful co-existence of the indigenous and non-indigenous populations of
Ferrousland. In this regard, the governments have taken a conscientious approach to the land and
resources of the indigenous people and have granted the indigenous people exclusive land use
rights over their land in Adita, Ananta and Taimta.
6. The states of Adita, Ananta and Taimta comprise 30% of the Ferrouslandic salt flats, over which
the indigenous people have these special rights. The chief economic activity of these people is
extracting salt from the salt flats using primitive tools and selling it to the state governments.
Additionally, owing to the relationship of great trust they share with their state governments, the
indigenous people have given their respective state government rights to extract 2,000 metric
tonnes of lithium per year from a certain portion of their land. The three state governments have
jointly created a government-owned lithium mining company called RichFey Public Ltd. to extract
and supply lithium to Ferrousland’s domestic market only. Further, in order to diversify their
earnings, the indigenous people have begrudgingly allowed a private mining company– NikoTes
Ltd– to mine a total of 10,000 metric tonnes of lithium from their land since December 2019 for
an initial period of five years until December 2024. NikoTes is a 100% export-oriented company
and exports all the lithium so mined. Majority of the lithium so mined is exported to Lilandia,
which is a neighbouring country.
B. Democratic Republic of Lilandia
7. The Democratic Republic of Lilandia (Lilandia) is the neighbour of Ferrousland and is a mid-
income developing country with a GNI per capita of USD 15,000 and a population of 120 million
people. Lilandia also has small lithium deposits which are of a lesser quantity as compared to

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 Ferrousland. According to the Lilandian Ministry of Mines, Lilandia is estimated to have a total of
20,000 metric tonnes of lithium ore which is fast depleting.
8. Owing to Lilandia being a developing country with inadequate technical resources, the Lilandian
domestic lithium extraction companies do not have access to high-end technology enabling
reduction of CO2 emissions during extraction of lithium. Hence, the lithium extraction process in
Lilandia is carbon intensive. Further, the Lilandian government mandates that all Lilandian
automobile manufacturers must produce quality and air pollution check certificates to sell
automobiles in the domestic market. These certificates do not require a specific mention of the
embedded or operational CO2 emissions. Rather, it is sufficient to demonstrate that the overall
level of emissions from the automobile– including different particulate and gaseous pollutants–
are within the range prescribed by the Lilandian Environmental Authority. This requirement has
been imposed generally to contribute towards climate action under the UNFCCC and the Paris
Agreement, and specifically to keep air pollution in check.
9. Starting January 2019, a Lilandian start-up called KIAN Motors began manufacturing EVs by
purchasing Lilandian and Ferrouslandic lithium. Lilandian lithium is able to meet 20% of KIAN
Motors’ lithium needs. The rest 80% of its lithium needs are met by Ferrouslandic lithium exports
to Lilandia, including from NikoTes. In fact, KIAN Motors relies on NikoTes lithium exports to
be able to manufacture its EVs. Further, KIAN Motors does not have the necessary technology
to significantly reduce CO2 emissions in the EV manufacturing process. Hence, the production
of KIAN Motors’ EVs is more carbon intensive than EVs manufactured in Ferrousland. However,
KIAN Motors is attempting to become greener and since 2021, it has produced EVs using 10%
recyclable materials.
C. Kingdom of Nistan
10. Nistan is a high-income developed island country. Its GNI per capita is USD 65,000 and a
population of 25 million people. It is rich in nickel ore. Its chief economic activity is manufacturing
automobiles, albeit high-tech ones. Nistan’s automobile manufacturers are key in developing the
latest technology to reduce CO2 emissions in every stage of EV manufacturing- from mining the
raw materials, to processing them for EV parts to finally manufacturing and assembling the EVs,
and in the EV’s operation. They use high grade secondary raw materials in the automobile’s body
and are racing towards creating technology for Artificial Intelligence-powered EVs. In fact, Nistani
automobile manufacturers have been able to cut CO2 emissions by 30% in every stage of the
process. Further, they use at least 35% recyclable materials in manufacturing their automobiles.

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11. Nistan’s automobile manufacturers are entirely import-reliant for obtaining lithium. However, they
rely on domestic nickel for manufacturing EVs. Ferrousland remains the chief exporter of lithium
to Nistan and Nistan remains the chief exporter of nickel to Ferrousland. In fact, the lithium-
nickel trade comprises the majority of trade between Ferrousland and Nistan – accounting for
60% of the total trade between these countries.
12. Given Nistan’s reliance on Ferrouslandic lithium, and Ferrousland’s reliance on Nistani nickel, the
two countries concluded a Free Trade Agreement (FTA) on the 10th of December 2022 and the
agreed FTA text was notified to the WTO on the same day. Pursuant to the FTA, and specifically
the Critical Mineral Supply provision under Article 7, neither of the parties, under any
circumstance, could impose export bans or restrictions on critical minerals, as identified in the
FTA. This FTA has been lauded by both parties, as well as many other environmentally conscious
WTO members as being essential towards aiding a green and circular transition.
13. Ferrousland, Lilandia and Nistan are all founding members of the WTO, the UNFCCC and the
Paris Agreement.
II. Ferrousland’s Environmental Actions
14. In furtherance of Ferrousland’s revised NDC submitted to the UNFCCC Secretariat in October
2019, Ferrousland started debating the formulation of new laws to enable a transition to a Circular
Economic model of EV production from January 2020. Ferrousland also held consultations with
different domestic stakeholders including the Ferrouslandic EV industry personnel, throughout
the deliberation process for new environment-related trade laws. After much deliberation and
discussion, Ferrousland formulated the Critical Raw Materials Directive CRM01/2023 (CRM
directive) and the Ferrousland Electric Vehicles Circular Economy Directive CE01/2023
(EV CE directive) which came into effect on the 10th January 2023.
15. While releasing the Directives, the President of Ferrousland, Ms. Mariana Perez, made the
following statement:
Today is a historic day. Ferrousland has always sought to be environmentally conscious and has pushed the
boundaries of innovation to produce and provide to the world the most pro-environmental goods. We have
worked to take concrete steps in furtherance of this broad goal and have formulated new environment
Directives. Our goal is to reconcile our economy with our planet, to reconcile the way we produce and the
way we consume with our planet and to make it work for our people. We wish to create jobs and boost
innovation while freeing ourselves from the shackles of outdated production and consumption processes which
are environmentally harmful.
Hence, regarding EVs, we believe that qualitative differences exist between EVs manufactured while

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 emitting less carbon and using more recyclable materials as compared to those that are manufactured
emitting more carbon while not sufficiently using recyclable materials. The consumers in Ferrousland seem
to indicate the same, as there is an overwhelming support for EV companies manufacturing EVs with low
CO2 emissions and using more recyclable materials. Hence, we have formulated an EV CE Directive,
ensuring the mutual supportiveness of WTO law and International Environment law with a view to achieve
our Paris goals without compromising on our industrial strategies. The EV industry is an essential industry
for the green transition of the world, and we are the key EV manufacturers in the world. It only makes
sense then, that we protect the critical raw materials necessary in the EV manufacturing chain and use it
for manufacturing greener EVs. For this reason, we have also formulated the CRM Directive to ensure
continued supply of lithium for Ferrousland’s EV industry. We are certain that our actions will aid the
process of a green transition to an emissions’ neutral, circular economy, and will help the world in this
regard.
16. Pursuant to the EV CE Directive, Ferrousland notified the following changes to its applied VAT
on EVs:

S. Tariff Product Description Applied

No. Line3 VAT

1. 001002 Electric vehicles for transportation of less than 10 people, 5% Ad

manufactured with 20% less CO2 emissions– embedded and Valorem
operational emissions– compared to the average CO2 emission
levels from EVs in 2010 and using at least 30% recycled materials
in the EV’s body.

2. 001002 Electric Vehicles for transportation of less than 10 people, 7% Ad

manufactured without reducing at least 20% CO2– embedded and Valorem
operational– compared to the average CO2 emission levels from
EVs in 2010 and without using at least 30% recycled materials in
the EV’s body.

16. Further, pursuant to the CRM Directive, Ferrousland notified to the WTO the following:

3 Teams are required to assume the given tariff lines to be correct and not introduce any alternative information in
this regard.

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A. Notifying Member Ferrousland

B. Date of Notification 10.01.2023

C. First Time Notification Yes

Changes to notification previously made: Introduction of new conditions

D. Type of Notification
List of conditions in force:
S. General Product Tariff
No. Description Line4 WTO Justification National Legal Basis

Restriction on export to relieve

Lithium ore of 6% critical shortage of essential Preservation of High Concentration
or more product as per Art. XI:2(a) of Lithium (PHCL Regulation under
1 concentration 123456 GATT 1994 Article 3 of the CRM Directive)

Additional conditions on mining Indigenous People’s Protection of

Lithium ore and export to protect public Rights Regulation (IPPR Regulation
between 1-6% morals as per Art. XX(a) of under Article 4 of the CRM
2 concentration 123456 GATT 1994 Directive)

17. Following Article 3 of the EV CE Directive, starting 10th January 2023, Ferrouslandic customs
authorities started collecting a 7% VAT on EVs imported from Lilandia. Whereas a 5% VAT
was imposed on Ferrouslandinc EVs. Further, following Article 4 of the EV CE Directive,
starting 10th January 2023, Ferrouslandic Environmental Authority officials have not
permitted Lilandian EV companies– including KIAN Motors– to sell their EVs in the Green-
Belt stores because they have not been able to produce CO2 certificates with all the requisite
information.
18. Further, following the PHCL Regulation under the CRM Directive, NikoTes has not been able
to export lithium with concentration of at least 6%. Additionally, pursuant to the IPPR
Regulation, between 10th January and 10th June 2023, NikoTes made fifteen applications to
the requisite decision-making body seeking the approval to mine lithium in Adita, Ananta and
Taimta. Twelve out of the fifteen approvals sought have been rejected. The reason given by
the decision-making body was the following:

4 Ibid.

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 “The non-indigenous private lithium mining company, NikoTes, has started over-exploiting lithium from
the lands of indigenous people. Further, it has started disrupting the peaceful existence of these people. It is
a fundamental public moral of the governments of Adita, Ananta and Taimta, as well as the central
government of Ferrousland, to protect the rights of these indigenous people and hence these permits cannot
be granted.”
19. Consequently, NikoTes has not been able to meet its export commitments to Lilandia. This
has led to increasing tensions between the EV manufacturing companies– including KIAN
Motors– of Lilandia, and NikoTes on the one hand, and the government of Ferrousland on
the other hand. Meanwhile, owing to the Nistan-Ferrousland FTA, Ferrousland has continued
exporting lithium to Nistan.
20. Lilandia has found Ferrousland’s actions to violate its WTO obligations towards Lilandia. Since
10th January 2023, it has not had access to Ferrouslandic lithium to manufacture EVs. Further,
Lilandian EVs are suffering a discriminatory taxation on their EV sales in Ferrousland. The
Lilandian Prime Minister, Ms. Grace Bellini, has made the following statement in this regard:
“We are extremely concerned by Ferrousland’s trade actions. These actions are crippling our EV industry
and are forcing our EV manufacturers to shift manufacturing methods and pay higher taxes for products
that are like their domestic EVs. They are forcing their high environmental standards on us
extraterritorially and unilaterally and have done so without so much as consulting with us, despite being
their key trading partner. We will not stand for this and will fight this economic attack tooth and nail at
the WTO.”
21. Lilandia requested consultations with Ferrousland on 1st November 2023. However, 60 days
since the date of request for consultations elapsed and no mutually acceptable resolution of
the dispute could be found. Consequently, Lilandia made a request to the WTO Dispute
Settlement Body for establishment of a Panel pursuant to Articles 4.7 & 6, with the standard
terms of reference under Article 7 of the WTO Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU) to resolve this dispute.
III. The Dispute
22. In its request for establishment of a Panel:
1) Lilandia considers that:
1.1 Export restrictions pursuant to Article 3 of Ferrousland’s Critical Raw Materials Directive
constitute restrictions other than duties, taxes and charges, of the 6% concentration
lithium ore; and

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 1.2 The denial of mining permits for export purposes by the state governments of Adita,
Ananta and Taimta, pursuant to Article 4 of the Critical Raw Materials Directive,
constitutes export restrictions other than duties, taxes and charges, of the 1.7%
concentration lithium ore;
thereby being inconsistent with Article XI:1 of GATT 1994
2) Lilandia considers that Ferrousland’s exclusive exports of lithium ore to Nistan pursuant to
Article 7 of the Ferrousland-Nistan Free Trade Agreement violates Article I:1 of GATT
1994;
3) Lilandia considers that Article 3 of the Ferrousland’s Electric Vehicles Circular Economy
Directive imposes taxation in excess on imported Lilandian electric vehicles as compared to
the like domestic electric vehicles and violates Article III:2 first sentence of GATT 1994;
4) Lilandia considers that Article 4 of the Ferrousland’s Electric Vehicles Circular Economy
Directive accords less favourable treatment to imported Lilandian electric vehicles as
compared to like domestic electric vehicles and violates Article III:4 of GATT 1994.
23. Ferrousland requests the Panel to reject all claims. Specifically, it requests the Panel to
recommend that:
1) The export restrictions on the 6% concentration lithium ore are permitted to prevent a
critical shortage of lithium. Further, that Lilandia has failed to establish how the rejection
of mining permits by the states of Adita, Ananta and Taimta constitute a challengeable
measure before this Panel. Furthermore, that any potential inconsistency regarding the
rejection of mining permits can be justified under Article XX(a) and the chapeau of Article
XX of GATT 1994;
2) Article 7 of the Ferrousland-Nistan Free Trade Agreement does not violate Article I:1 of
GATT 1994. Further, that any potential inconsistency can be justified under Article XXIV
of GATT 1994;
3) Article 3 of the Electric Vehicles Circular Economy Directive does not violate Article III:2
first sentence as the imported Lilandian electric vehicles and the domestic Ferrouslandic
electric vehicles are not like products. Further, any potential inconsistency with Article III:2
first sentence can be justified under XX(g) and the chapeau of Article XX of GATT 1994.
4) Article 4 of the Electric Vehicles Circular Economy Directive does not accord a less
favourable treatment to imported Lilandian electric vehicles as compared to domestic

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electric vehicles as the products are not like. Further, any potential inconsistency can be
justified under Article XX(g) and the chapeau of Article XX of GATT 1994.

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Annex I

Official Gazette of the Republic of Ferrousland

Ministry of Trade, Commerce and Industry

Notification
Metallica City, 10th of January 2023

Notification No. CE01/2023 Ferrousland Electric Vehicles Circular Economy Directive

1. Object and Purpose:
1) Ferrousland is cognizant that a clean environment and a minimal rise in average global
temperatures are exhaustible natural resources due to rapid environmental degradation and
climate change crisis.
2) Ferrousland is also cognizant that over extraction of natural resources and management of
exploding volumes of waste contribute significantly to the issues of environmental
degradation and climate change. Hence, Ferrousland has formulated the present Directive.
3) The present Directive promotes a circular economic model in order to conserve natural
resources and to ensure the protection of the environment in the extraction of raw
materials, in manufacturing primary, secondary, tertiary goods for the manufacturing of
electric vehicles, and in the generation and management of waste.
4) The Directive aims to introduce measures which enable manufacturing high quality
sustainable, long lasting electric vehicles which are manufactured using re-used, recycled,
or recovered materials as inputs.
5) Further, pursuant to the NDC of becoming net carbon-neutral by 2043, the Directive aims
to:
• Counteract the 2010 emission levels5 by progressively increasing the use of
renewable energy in the manufacturing process of electric vehicles;
• Counteract the 2010 emission levels by incentivizing higher investments in the
innovation of technology that enables low carbon emissions in the extraction of
raw materials;

5 2010 emissions levels means average carbon emissions, including embedded and operational emissions, from
electric vehicles in the year 2010.

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 • progressively reduce carbon emissions of electric vehicles by at least 40%
compared to the 2010 emissions levels by 2043;
• Progressively phase-out automobiles run on fossil fuels and promote an increased
use of electric vehicles;
• Take any other steps which would aid in achieving the net carbon-neutrality aim.

2. Definitions: For the purposes of this Directive, the following definitions shall apply:
1) Circular Economy: an economic system which replaces the current linear model of extract-
use-discard by closing the production and waste discarding loop, where at the end of the
current life cycle of a product instead of discarding the product as waste, it is re-used,
recycled or recovered to be used in another product. The aim is to reduce dependency on
extraction of virgin raw materials, on the one hand and reduce the generation of waste, on
the other hand;
2) Re-use: any operation by which products or components that are not waste are used again
for the same purpose for which they were originally intended.
3) Recycle: any recovery operation by which waste materials are reprocessed into products,
materials or substances, whether for original or other purposes;
4) Recovery: any process the principal outcome of which is waste that is put to a useful
purpose within the plant or in the wider economy, either by substituting other materials
which would otherwise have been used to fulfil a particular function, or waste being
prepared to fulfil that function.
5) Hazardous Waste: all waste materials covered under Annex III of the Basel Convention
on Controlling Transboundary Movements of Hazardous Wastes and their Disposal.
6) Embedded emissions: the generation of greenhouse gases from the extraction of raw
materials, during the manufacturing process of the good, electric vehicle in this case, and
until the final delivery of the good to the consumer.

[….]

3. Taxation modifications: in order to incentivize eco-design of electric vehicles to use circular

goods, and to incentivize reduction of carbon emissions– embedded and operational– of the
electric vehicles, the value added tax on electric vehicles is modified as follows:

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 S. HS Product Description Applied
No. Code VAT

3. 001002 Electric vehicles for transportation of less than 10 people, 5% Ad

manufactured with 20% less CO2 emissions– embedded and Valorem
operational emissions– compared to the average CO2 emission
levels from EVs in 2010 and using at least 30% recycled materials
in the EV’s body.

4. 001002 Electric Vehicles for transportation of less than 10 people, 7% Ad

manufactured without reducing 20% CO2 emissions– embedded Valorem
and operational emissions– compared to the average CO2 emission
levels from EVs in 2010 and without using at least 30% recycled
materials recycled materials in the EV’s body.

[….]

4. Carbon Certification Requirements: in order to incentivize the reduction in average emissions

from electric vehicles compared to the 2010 levels, the access to the government-run
Ferrouslandic Green-Belt stores shall be permitted only if the electric vehicle manufacturer
produces a certificate comprising the following information, and not otherwise6:
1) From 10th January 2023 until 10th January 2033: the overall average carbon emissions from
the electric vehicle- embedded and operational- must be at least 20% lesser than the 2010
emissions levels.7
2) From 11th January 2033 until 11th January 2043: the overall average carbon emissions from
the electric vehicle- embedded and operational- must be at least 40% lesser than the 2010
emissions levels;8

5. Emissions calculation: in order to meet the carbon certification requirements, carbon

emissions must be calculated in the following way:

6 In this regard, Ferrousland is ready to enter into discussions and consultations with any trading partner expressing
concerns regarding the measure, to provide technical assistance to such partners to enable easier compliance with
the certification requirements.
7 Embedded and operation emissions to be calculated on the basis of Article 5.
8 Ibid

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 1) Embedded emissions: the determination of the specific actual embedded emissions of
the electric vehicle would be based on:
i) the reporting period for that manufacturer;
ii) the activity level of the goods, being the quantity of goods produced in the
reporting period;
iii) the embedded emissions of the input materials (precursors) consumed in the
production process. Only input materials (precursors) listed as relevant to the
system boundaries of the production process as specified are to be considered:
2) Operational emissions: the actual attributed emissions of the electric vehicle based on
testing at nation-wide testing facilities in Ferrousland or equivalent testing facilities in the
exporting countries, which conduct testing at the same qualitative level as the
Ferrousland testing facilities.
[….]

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Annex II

Official Gazette of the Republic of Ferrousland

Ministry of Trade, Commerce and Industry

Notification
Metallica City, 10th of January 2023

Notification No. CRM01/2023 Critical Raw Materials Directive

1. Object and purpose:
1) The overall objective of this Directive is to improve the functioning of the domestic market
by establishing a framework to ensure the Ferrousland’s access to, and maintenance of, a
secure and sustainable supply of critical raw materials;
2) To achieve the general objective referred to in paragraph 1, this Regulation aims to:
a) strengthen the different stages of the strategic raw materials value chain with a view to
ensure that, by 2043, Ferrousland’s capacities for each strategic raw material have
significantly increased;
b) improve Ferrousland’s ability to monitor and mitigate, to the maximum extent, the
supply risk related to critical raw materials;
c) ensure the free movement of critical raw materials and products containing critical
raw materials placed on Ferrousland’s market while ensuring a high level of
environmental protection, by improving their circularity and sustainability.
2. Definitions: For the purposes of this Directive, the following definitions shall apply:
1) Raw materials: a substance in processed or unprocessed state used as an input for the
manufacturing of intermediate or final products, excluding substances predominantly used
as food, feed or combustion fuel;
2) Critical raw materials: bismuth, boron– metallurgy grade, cobalt, copper, gallium,
germanium, lithium, nickel, magnesium, manganese metal, natural graphite, rare earth
metals, platinum grade metals, silicon metal, titanium metal, tungsten.
3) Raw materials value chain: all activities and processes involved in the exploration,
extraction, processing and recycling of raw materials;
4) Exploration: all activities aimed at identifying and establishing the properties of mineral
occurrences;

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 5) Extraction: the primary extraction of ores, minerals and plant products from their original
source, including from a mineral occurrence underground, mineral occurrence under water,
sea brine and trees;
6) Ferrousland’s extraction capacity: an aggregate of the maximum annual production volumes
of extractive operations for ores, minerals, plant products and concentrates containing
strategic raw materials, including processing operations that are typically located at or near
the extraction site, located in Ferrousland;
7) Reserves: all mineral occurrences that are economically viable to extract
[….]

3. Preservation of High Concentration Lithium: for the purposes of strengthening the critical raw
materials value chain and based on the scientific reports by the Ferrouslandic Mineral Agency,
the reserves of high concentration lithium (6% or higher concentration)– a critical mineral for
the environment-saving electric vehicle industry– are limited, exhaustible and rapidly depleting.
There is a need to conserve it to avoid arriving at a situation of its critical shortage. Hence,
Ferrousland imposes the following mandates:
1) Ferrousland bans export of high concentration lithium for an initial period of twenty years-
at least until 10th January 2043;
2) Ferrousland shall, to the extent possible, also engage in recycling lithium-ion from sources
including laptops, mobile phones, automobile batteries, to conserve this critical mineral;
3) In the period of the ban, Ferrousland shall periodically conduct reviews of the lithium ore
so conserved and if, at the end of this twenty-year period, it has been able to conserve this
critical mineral sufficiently, then it will lift the ban.
4. Indigenous People’s Protection of Rights: owing to Ferrousland’s long-standing commitment
to the indigenous people of the states of Adita, Ananta and Taimta to protect their land and
their rights in their land, Ferrousland mandates the following:
4.1 all private corporations seek additional approvals from the governments of these
concerned states to mine lithium in the indigenous areas;
4.2 for the purpose of determining whether or not to grant approvals in this regard, the
governments of the states of Adita, Ananta and Taimta would constitute a decision-
making body;
4.3 this decision-making body must deliver its decision within fifteen days from the date
on which the application seeking the mining permit is filed;

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4.4 in case of rejection of the mining permit, the decision-making shall give reasons for
their rejection. This reasoning should demonstrate that all concerned parties had been
given a right to be heard and present their case, that a proper fact-finding was
conducted, and that the decision was evidence-based and was unbiased.

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Annex III
Republic of Ferrousland – Kingdom of Nistan Free Trade Agreement
Signed on 10th December 2022

Article 1: Objective of the Agreement

The objective of this Agreement is to enable greater economic integration between the Republic
of Ferrousland (hereinafter ‘Ferrousland’) and the Kingdom of Nistan (hereinafter ‘Nistan’).
Specifically, the objective of this Agreement is to strengthen and diversify critical minerals supply
chains and promote the adoption of electric vehicle battery technologies by formalizing the shared
commitment of the Parties to facilitate trade, promote fair competition and market-oriented
conditions for trade in critical minerals, ensure robust environmental standards, and cooperate in
efforts to ensure secure, sustainable, and equitable critical minerals supply chains.

Article 2: Definitions

For purposes of this Agreement:

1. Critical Minerals: means any minerals from the following – bismuth, boron– metallurgy grade,
cobalt, copper, gallium, germanium, lithium, nickel, magnesium, manganese metal, natural
graphite, rare earth metals, platinum grade metals, silicon metal, titanium metal, tungsten; [....]

2. Critical Minerals Lifecycle: means the extraction of critical minerals, their processing,
recycling, and end- of-life disposal;

[....]

5. extraction: means the activities performed to extract minerals or natural resources from the
ground, including by operating equipment to extract minerals or natural resources from mines and
wells, or to extract minerals or natural resources from the waste or residue of prior extraction.
Extraction concludes when activities are performed to convert raw mined or harvested products
or raw well effluent to substances that can be readily transported or stored for direct use in
processing critical minerals;

6. processing: means the refining of substances or materials that have been extracted, including
the treating, baking, and coating processes used to convert extracted substances and materials into

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materials that can be used for manufacturing and other purposes in critical minerals supply chains;

7. recycling: means the series of activities during which recyclable materials containing critical
minerals are transformed into specification-grade commodities and consumed in lieu of virgin
materials to create materials that can be used for manufacturing and other purposes in critical
minerals supply chains;

[....]

10. GATT 1994: means the General Agreement on Tariffs and Trade 1994, set out in Annex 1A
to the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on
April 15, 1994 (“WTO Agreement”);

[....]

Article 7: Critical Minerals Supply

1. In accordance with Article XI:1 of GATT 1994, each Party affirms its obligation not to impose
prohibitions or restrictions on imports of critical minerals from the territory of the other Party or
on exports of critical minerals to the territory of the other Party other than duties, taxes, or other
charges, in any circumstance.

2. Each Party shall maintain its current practice not to impose export duties on critical minerals
exported to the territory of the other Party.

3. Each Party affirms its obligation to accord national treatment to the critical minerals of the other
Party in accordance with Article III of the GATT 1994, including its interpretative notes.

[....]

Article 20: General and Security Exceptions

For the purposes of this Agreement, Article XX and XXI of the GATT 1994 and its interpretative
notes are incorporated into and made part of this Agreement, mutatis mutandis, except for Article 7
of this Agreement. GATT 1994 Articles XX and XXI do not apply to Article 7 of this Agreement.

[....]

15th GNLU International Moot Court Competition, 2024

Signed by Ms. Mariana Perez, President of the Republic of Ferrousland and Ms. Mishta, Chief
Representative of Her Royal Highness, Queen of the Kingdom of Nistan

15th GNLU International Moot Court Competition, 2024

 Annex IV

Market Shares Reports of the Ferrouslandic Automotive Manufacturers’ Association

1. Based on the Ferrouslandic Automotive Manufacturers’ Association Annual Report of 2022, the
market share of different companies in Ferrousland’s EV market for 2022 was as follows:

Name of the EV Ferrouslandic or Non-Ferrouslandic Market Share in Ferrousland

Manufacturer Company in 2022

Draewoo Motors Ltd Ferrouslandic 40%

CarVet Motors Ltd Ferrouslandic 30%

KIAN Motors Non-Ferrouslandic 15%

VMB Motors Non-Ferrouslandic 5%

Folkswagon Motors Non-Ferrouslandic 5%

Porch Motors Non-Ferrouslandic 3%

Kazuki Motors Non-Ferrouslandic 2%

2. Based on the Ferrouslandic Automotove Manufacturers’ Assocation Projected Report for

2023, released on 1st January 2023, the market share of different EVs in Ferrousland for 2023 was
as follows:

Name of the EV Ferrouslandic or Non- Projected Market Share in

Manufacturer Ferrouslandic Company Ferrousland in 2023

Draewoo Motors Ltd Ferrouslandic 35%

CarVet Motors Ltd Ferrouslandic 25%

KIAN Motors Non-Ferrouslandic 20%

VMB Motors Non-Ferrouslandic 6%

Folkswagon Motors Non-Ferrouslandic 6%

15th GNLU International Moot Court Competition, 2024

Porch Motors Non-Ferrouslandic 2%

Kazuki Motors Non-Ferrouslandic 6%

15th GNLU International Moot Court Competition, 2024