UFYLC INTER-SEMESTER MOOT COURT

COMPETITION, 2024
BY
UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN

IN THE HON’BLE SUPREME COURT OF THE

REPUBLIC OF EMPEROA

IN THE MATTER OF:-

SPECIAL LEAVE PETITION NO. EPA/EMPEROA/5218/2023

FREDERICK …PETITIONER

VERSUS

GOVERNMENT OF THE REPUBLIC OF EMPEROA THROUGH OFFICE OF THE

PRIME MINISTER AND COUNCIL OF MINISTERS & OTHERS
…RESPONDENTS

MOOT PROBLEM

“The activist is not the man who says the river is dirty. The activist is the man who
cleans
up the river”
By-Ross Perot

“Pollution should never be the price of prosperity”

By-Al Gore

“The only solution to pollution is a people’s humane revolution”

By-Bobby Seale

“Noise, crowding, pollution, and the sheer rush of our complex, modern society are
rapidly becoming as oppressive to many individuals as the worst kind of political
dictatorship”

By-Thomas F. Eagleton

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 UFYLC INTER-SEMESTER MOOT COURT
COMPETITION, 2024
BY
UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN

FACTS:-

The Republic of Emperoa has been facing the woes of climate change and the citizens
are affected, there is a risk of glacial lake outburst flood due to increasing volume of water
in glacial lakes. Countries around the world have been affected by harsh consequences of
climate change. Humans as well as the rest of the ecosystem have been compelled to face its
grave impact while the Republic of Emperoa sustainable development goals and sustainable
financial development are impeded. The Petitioner also alleged that there is a possibility of
great environment disaster caused by climate change leaving human and animal lives at peril
if urgency or preparedness will be shown by the Respondents. That climate change posing
an imminent threat to water resources, and brining changes in drinking water systems and
structures, agriculture and forestry, longevity of humans, health and medicines, nature of
diseases and lifecycle and causing novel problems and due to the lack of treatment of
epidemics and diseases that might be caused.

That to conserve the environment and Republic of Emperoa’s indigenous agriculture

practice in the various zones of the country, the Respondents adopted various polices in past
like Republic of Emperoa Climate Change Policy. Under those polices, measures to combat climate
change through sustainable social and economic development activities have been outlined,
implementation of national adaption policy by merging it with development agenda,
investment in green energy generation, making the management of natural resources climate
friendly and drafting national strategy for carbon trade have been committed, however, those
aims are yet to be fulfilled.

That the Respondents formulated various policies to emphasize on forest and

biodiversity, agriculture and flood security, climate disasters, urban dwelling, infrastructure,
water resources and energy public health, due to the lack of full implementations of such

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 UFYLC INTER-SEMESTER MOOT COURT
COMPETITION, 2024
BY
UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN

policies each citizen continues to be impacted by the effects of climate change. The usage of
carbon-intensive engines result in the rise in concentration of carbon-dioxide in atmosphere
destabilizing the earth’s temperature and has negative impacts on the environment including
but not limited to erratic weather patterns, melting glaciers, draught, reduced agricultural
produce and landslides. Although Respondents have formulated certain policies concerning
mitigating the vulnerabilities emerging from climate change and climate adaption and
mitigation, however, a comprehensive law addressing the impact of climate change has not
implemented in manner as it ought to be.

That Republic of Emperoa average temperature has been increasing and glaciers region
has been witnessing an average increase of temperature in the country. It is further stated in
the Petition that there is a possibility that our mountains would be nude in the future due to
the melting of snow caps yet the Respondents have not initiated conversation in an
immediate manner. The conduct of the Respondents is suppressing the enjoyment of right
to live with dignity and clean environment guaranteed under the Constitution of the Republic of
Emperoa. The Respondents ministry seems to have instituted offices relating to climate
change, yet in the absence of a separate law, the difficulty in its operations, assumption and
direction of responsibilities is clear. The Petitioner further submits that programs outlined
in Republic of Emperoa Climate Change Policy were supposed to be implemented throughout the
country yet not enough attentions seems to have gone in these matters. The Petitioner
further advance his arguments in support of above contention that in order to adhere to the
United Nation Framework Convention on Climate Change 1992, Kyoto Protocal, and make
substantive efforts to combat climate change, a separate law dealing with climate change is
necessary. However, the Respondents have not made any efforts in that direction. Earth’s
temperature has been increasing rapidly day by day. Despite the direct impact of climate
change on human beings and the ecosystem, the Respondents have failed to take any

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 UFYLC INTER-SEMESTER MOOT COURT
COMPETITION, 2024
BY
UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN

effective action or substantive steps, which have caused the people and wildlife to migrate
after ding unable to withstand the impacts of climate change.

The Republic of Emperoa Environment Protection Act formulated for the protection of
environment, it does not include provisions for climate adaption, mitigation, the allocation
of liabilities of impact of climate change, hence its inadequacy to minimize the adverse
impacts of environment hazards, impact on the human species, biodiversity, flaura and
fanna, effects on natural and physical objects, and maintain a clean and healthy environment
is clear. The Republic of Emperoa Environment Protection Act does not have provision to deal with
harms of climate change, climate adaption and mitigation, the liability and obligation viz-a-
viz impact and effects of climate change. In order to combat climate change, mere enlistment
of direct policies and plan is not enough, an effective structure to implement such plans is
necessary; however, no such structure has been created.

That on 01.09.2023, the Hon’ble Supreme Court of the Republic of Emperoa issued show
cause to the Respondents as to what the issue is and why the order as demanded by the
Petitioner should not be issued? While passing the order dated 01.09.2023, the Hon’ble
Supreme Court of the Republic of Emperoa observed that all of humankind including the Petitioner
has suffered the effects of climate change, the Petitioner had filed an application bearing No.
EPA/01/2023 on 01.06.2023 before the concerned authority to formulate a separate law
dealing with issues of climate change but authorities failed to respond to the said application.
In the Petition, the Petitioner have alleged violations of various Articles of the Constitution of
the Republic of Emperoa, provisions of the Republic of Emperoa Environment Protection Act and
international treaties and conventions to which Republic of Emperoa is a party. The Hon’ble
Supreme Court of the Republic of Emperoa also observed that climate change mitigation and
adaption by protecting the environment is the responsibility of the state according to the

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 UFYLC INTER-SEMESTER MOOT COURT
COMPETITION, 2024
BY
UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN

principle of parens patriae. However, since there was no scope of irreparable harm to the
Petitioner, interim order was not issued.

The Hon’ble Supreme Court of the Republic of Emperoa also directed the registry to list the
matter on 1st October, 2023 as a first case in supplementary cause-list for final disposal.

In this present Petition, in order to have a speedy action to reduce such effect
(as mentioned in the facts) the Petitioner seek appropriate remedy from the
Hon’ble Supreme Court of the Republic of Emperoa with the following effect:-

1) Whether the present Special Leave Petition is maintainable or not? (As Preliminary
Objection)

2) To formulate an effective implementation plan for adaptation and mitigation to protect

from direct and indirect effects of climate change on the lives and livelihood of people
in the absence of such a plan;

3) Since the Republic of Emperoa Environment Protection Act does not encompass climate
adaption and mitigation, therefore, a separate law dealing with issues related to climate
change to be drafted and enacted till then the Respondents put plans, policies and
programs in such an effect that Republic of Emperoa Climate Change Policy benefits will be
delivered to every citizen of the Republic of Emperoa until a separate Act is drafted and
comes into effect;

Both parties (Petitioner and Respondents) are required to raise one additional
issue/effect of their choice (Compulsory).

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 UFYLC INTER-SEMESTER MOOT COURT
COMPETITION, 2024
BY
UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN

NOTE:-

➢ Participants are requested to argue on the side of the Petitioner as well as on the side of
the Respondents before the “Hon’ble Supreme Court of the Republic of Emperoa” pertaining
to the above case and further elucidate the arguments with appropriate case laws and
inputs.

➢ The laws of Republic of Emperoa are pari material with laws of India. The Republic of Emperoa
considers the leading common law precedents as being highly persuasive. Hence, all the
relevant ancient, modern, texts of Indian law may be referred for arguing the case
including conventions, treaties, policies etc.

➢ This Moot Problem has been formulated solely for the purpose of this competition for
furthering the academic exercise only.

➢ The researcher of every team has to act as amicus curiae in the present competition and
submit a brief report (consisting of 2 Pages only from their respective memorial) to
Hon’ble Judges before the speakers of the respective team advance their arguments.
MEMO OF PARTIES

FREDERICK …PETITIONER

VERSUS

GOVERNMENT OF THE REPUBLIC OF EMPEROA THROUGH OFFICE OF THE PRIME

MINISTER AND COUNCIL OF MINISTERS

MINISTRY OF SCIENCE AND TECHNOLOGY OF THE REPUBLIC OF EMPEROA

MINISTRY OF WATER SUPPLY OF THE REPUBLIC OF EMPEROA

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 UFYLC INTER-SEMESTER MOOT COURT
COMPETITION, 2024
BY
UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN

MINISTRY OF INDUSTRY OF THE REPUBLIC OF EMPEROA

MINISTRY OF URBAN DEVELOPMENT OF THE REPUBLIC OF EMPEROA

MINISTRY OF FORESTS AND ENVIRONMENT OF THE REPUBLIC OF EMPEROA

MINISTRY OF LAW & JUSTICE OF THE REPUBLIC OF EMPEROA

MINISTRY OF LAND REFORM AND MANAGEMENT OF THE REPUBLIC OF EMPEROA

MINISTRY OF CULTURE, TOURISM AND CIVIL AVIATION OF THE REPUBLIC OF

EMPEROA

…RESPONDENTS

NOTE – PARTIES ARE REQUIRED TO ADVANCE THE ARGUMENTS ON

BEHALF OF THE EACH PARTY MENTIONED IN THE MEMO OF
PARTIES.

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