Major Characters
Who was killed in the SARV accident?
Domingo Montoya
VCTL
Vienna Convention on the Law of Treaties
In 1965 what treaty was enter and by who?
Extradition Treaty between Alekostria and Restovia (para. 14)
“Pacta sunt servanda” (Every treaty in force is binding upon the parties to it and must be performed by them in good faith.)
VCLT Article 26
The elements of customary international law
The widespread representative practice of states, and what states have accepted as law (opinio juris sive necessitatis).
Who is Liz Scott? And what did she do?
A senior manager at NEXCA who was accused of paying a €150,000 bribe to Ted Moore
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples
What physical damage did the SARV cause to the Plateau's infrastructure?
It smashed into the supporting pillars of the Torngat Pedestrian Bridge, rendering it unusable for weeks
Obligation not to defeat the object and purpose of a treaty prior to its entry into force
VCLT Article 18
The 4 sources of law the ICJ can consider
Treaties, custom, general principles of law, judicial teachings/highly qualified publicists (as a subsidiary source)
Who is Ted Moore?
The former Restovian Deputy Director of Industrial Cooperation who was arrested for corruption and embezzlement
ICSID
International Centre for Settlement of Investment Disputes
Why did the Restovian court deny NEXCA's motion for immunity?
The court ruled that immunity does not extend to state-owned enterprises engaged in commercial activities like mining or for territorial torts (p.52)
General rule of interpretation
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
VCLT Article 31
The two types of ICJ jurisdiction
Contentious and advisory
Who is Albert Ramaan?
A Pilemon Elder, Member of the Alekostrian Parliament, and NEXCA Board member (32)
ILSA
Interjurisdictional Legal and Security Agency
When was ARPA and SRPA entered?
1 November 1972 (p. 18)
l. Should a state consider that it has an interest of a legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene.
2. It shall be for the Court to decide upon this request.
ICJ Article 62
ICJ's burden of proof
The burden of proof rests on the applicant state, and requires a degree of certainty, decisive legal proof, or conclusive evidence (Corfu Channel)
What is NEXCA?
The National Extraction Company of Alekostria, a state-owned enterprise where all shares are held by the government
ICM
"Indigenous Consultation Mechanism" A process established by Restovia to invite Pilemon Elders to offer advice and recommendations on the mining project
On what grounds did NEXCA claim immunity from the lawsuit?
It argued it was an instrumentality of a foreign state (Alekostria) entitled to state immunity under customary international law (p. 50)
Fundamental change of circumstances
Article 62
The Monetary Gold principle
A legal rule that prevents international courts from hearing cases that involve the legal interests of a third party who did not consent