This is a moot problem on International Law for a law school in India. Please provide memorandums from both sides asap. INTERNATIONAL COURT OF JUSTICE COMPROMIS BETWEEN THE STATE OF ADAMANTA (APPLICANT) AND THE STATE OF KOJIMA (RESPONDENT) TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE THE DIFFERENCES BETWEEN THE STATES CONCERNING THE LEGALITY OF USE OF FORCE AND DECLARATION OF INDEPENDENCE OF THE JAMAVI STATE jointly notified to the Court on 16 August 2011 JOINT NOTIFICATION ADDRESSED TO THE REGISTRAR OF THE COURT: The Hague, 16 August 2011 On behalf of the State of Adamanta (the Applicant) and the State of Kojima (the Respondent), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the legality of use of force and declaration of independence of the Jamavi State, signed in The Hague, The Netherlands, on the sixteenth day of August in the year two thousand and eleven. Ambassador of the State of Adamanta Ambassador of the State of Kojima to the Kingdom of The Netherlands to the Kingdom of The Netherlands COMPROMIS SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY THE STATE OF ADAMANTA AND THE STATE OF KOJIMA ON THE DIFFERENCES BETWEEN THEM CONCERNING THE LEGALITY OF USE OF FORCE AND DECLARATION OF INDEPENDENCE OF THE JAMAVI STATE The State of Adamanta and the State of Kojima, Considering that differences have arisen between them concerning the legality of use of force and declaration of independence of the Jamavi State and other matters; Recognizing that the Parties concerned have been unable to settle these differences by negotiation; Desiring further to define the issues to be submitted to the International Court of Justice (hereinafter referred to as the Court) for settling this dispute; In furtherance thereof the Parties have concluded the following Compromis: Article 1 The Parties submit the questions contained in the Compromis (together with Clarifications to follow) to the Court pursuant to Article 40(1) of the Statute of the Court. Article 2 It is agreed by the Parties that the State of Adamanta shall act as Applicant and the State of Kojima as Respondent, but such agreement is without prejudice to any question of the burden of proof. Article 3 (a) The Court is requested to decide the Case on the basis of the rules and principles of general international law, as well as any applicable treaties. (b) The Court is also requested to determine the legal consequences, including the rights and obligations of the Parties, arising from its Judgment on the questions presented in the Case. Article 4 (a) All questions of procedure and rules shall be regulated in accordance with the provisions of the Official Rules of the Amity International Moot Court Competition 2011 (b) The Parties request the Court to order that the written proceedings should consist of Memorials presented by each of the Parties not later than the date set forth in the Official Schedule of the Amity International Moot Court Competition 2011. Article 5 (a) The Parties shall accept any Judgment of the Court as final and binding upon them and shall execute it in its entirety and in good faith. (b) Immediately after the transmission of any Judgment, the Parties shall enter into negotiations on the modalities for its execution. In witness whereof, the undersigned, being duly authorized, have signed the present Compromis and have affixed thereto their respective seals of office. Done in The Hague, The Netherlands, this seventeenth day of September in the year two thousand and ten, in triplicate in the English language. Ambassador of the State of Adamanta Ambassador of the State of Kojima to the Kingdom of the Netherlands to the Kingdom of the Netherlands THE AMITY INTERNATIONAL MOOT COURT COMPETITION 2011 COMPROMIS THE STATE OF ADAMANTA V. THE STATE OF KOJIMA THE CASE CONCERNING THE LEGALITY OF USE OF FORCE AND DECLARATION OF INDEPENDENCE OF THE JAMAVI STATE 1. The continent of Vikita is rich in cultural heritage and natural resources; it was under colonial subjugation from 18th century onwards. Most of the continent got its independence from colonial rule by late 1940?s. The colonial rulers, without considering the aspirations of the people, carved the continent into eight countries, leaving behind a legacy of several unresolved territorial disputes. The largest country of the continent was Kojima and the second largest country was Adamanta. The other countries included Jaydanistan, Khanate of Farazistan and Avisha which were benevolent monarchies, Quishkinda which was a theocratic Republic, Ralakshya a dictatorship and Bidjyot which was ruled by a military Junta. The newly independent countries in Vikita formed the Ashtnag Regional Council in 1947 to ensure economic, social, cultural and military cooperation amongst the member countries. Several other countries signed treaties of amity amongst themselves within the region. 2. Adamanta got its independence in 1949. It has a population comprising of two different ethnicities within its borders. It inherited a feudal setup from its colonial masters who reinstated the former monarchy headed by King Lokarno IV, the last descendent of the Vikarta Kingdom. His emphasis was solely on law and order. He was an ardent supporter of Lassiez Faire encouraging individual initiative and international trade. 63% of Adamanta?s population constituted of the Gawas residing in the central and south eastern region and the Jamavas constituted 29% of its population, who resided in the western regions of the country. Other smaller ethnicities such as the bondis, etc. existed across the country. 3. A feeling of suppression has always existed among the Jamavas and other ethnic minorities. They believed that they deserved a special provision of reservation; however, King Lucarno never considered the proposal. They have alleged that all government and government related sectors have Gawas in much larger number as compared to the other communities. It has also been contended by these groups that they have not been given proper representation in the bureaucracy and the executive. Even the army has very few officers apart from the Gawaits. Also, the Jamavas had initially been a nation by themselves but were split into two different countries by the colonial rulers because of which widespread dissatisfaction prevailed amongst them. There had been several calls for the formation of the Jamavi state that had existed before the division of borders by the colonial rulers. However, the Jamavis had not succeeded in their calls for formation of the old Jamavi state in spite of many mutinies in the past. 4. Kojima, a neighbor of Adamanta along the western border is a country with 75% of its population constituting Jamavis. It holds a very strong position in the Ashtnag Regional Council as it was instrumental in the Council?s formation. Kojima is also a no For a custom paper on the above topic, place your order now! What We Offer: On-time delivery guarantee PhD-level writers Automatic plagiarism check 100% money-back guarantee 100% Privacy and Confidentiality High Quality custom-written paper
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