Sollania Intervention
Pilemo island has been inhabited for at least ___ years; society organized by village Elders with ____ authority?
Para 1
(40,000 years; spiritual and political authority)
How far back do the Pilemon and the island of Pilemo go? What is the significance of the Torngat Plateau and the Gordian Gorge?
¶ 1, 2
(The Pilemon go back for AT LEAST 40,000 years, with colonization beginning in 1592. The Torngat Plateau is the site of major religious ceremonies and the Gorge is a "particularly sacred place" used for centuries for the private spiritual training of Elders.)
What year did the Extradition Treaty between Alekostria and Restovia go into force?
Which Article mentions general principles?
¶ 14 --> 1965, Art. 4
When and how was NEXCA founded? What is its formal registration?
¶24 --> In 1974, the National Extraction Company of Alekostria was created by an act of parliament. It is formally registered as a corportation under Alekostrian law.
How does NEXCA's Detailed Project Report (DPR) to Restovia's Ministry of Natural Resources classify it?
(Bonus! Agent why would this matter?)
¶ 27 --> The DPR classified NEXCA as a foreign state-owned enterprise (SOE). This meant that NEXCA was required to apply for a national security clearance.
(Remember, if NEXCA itself says its a state-owned enterprise and not an organ or explicit instrumentality --> that's a burden for applicant/ Or attack point for respondent).
How long after the 1971 conference did the ARPA and SRPA treaties enter into force?
Approximately one year later.
(The negotiations concluded in 1971(see ¶ 17), and the treaties entered into force on 1 November 1972. (see ¶ 18))
In which paragraph is it first mentioned that Restovia proposed a 'looser arrangement' for consultation instead of a shared management mechanism?
¶ 17
(Restovia proposed a looser arrangement by which Pilemon Elders in the three countries would be consulted in the event of any plan that could have a significant impact on the sacred places in the Torngat Plateau; as opposed to ceding authority to the Elders).
What is the legal status of the judgment rendered by the Alekostrian Court of Appeal on 19 December 2023 regarding Liz Scott?
It constitutes a final judgment with no further opportunity for appeal.
(See Clarification 4 on the judgment in ¶ 43)
What level of ownership does the Alekostrian government have of NEXCA? Does it control NEXCA's leadership?
¶ 24 and 25 --> 100% of NEXCA's shares are held by the Alekostrian Government. The Minister of Mining is the President (ex officio) and is the chair the Board of directors.
The 6 members of the board, in separate from the chair, are appointed directly by Alekostria's Prime Minister.
Which event occurred between July 2020 and October 2020?
The hyperspectral images were delivered to the Restovian government in July 2020 (¶ 19) prior to the parliamentary resolution for the project in October 2020 (¶ 20).
In the 1971 conference discussions, what was Restovia's primary objection to the proposal for managing the Plateau?
Restovia 'balked at the idea of ceding authority to the Elders' as a matter of sovereignty. (see ¶ 17).
Which paragraph identifies the specific date that the Restovian Parliament adopted the resolution for the Gordian Gorge mining project?
¶ 20, 1 October 2020.
(The preamble to that resolution cited → “the unexpected discovery as ‘of urgent and paramount importance to national security in the 21st century,’" and as the potential source of a major economic benefit to the country).
What was the primary reason for the Alekostrian Court of Appeal vacating Liz Scott's conviction?
Failure to read her Miranda Rights (¶ 43).
Who the hell is Albert Ramaan?
¶ 25 --> Albert Ramaan is a member of Alekostria's parliament and a Pilemon Elder, who is a widely respected publicist on Pilemon law and culture.
At all relevant times, he served on NEXCA's Board of Directors.
What did NEXCA agree to in its bid submission to the Restovian Ministry of Natural Resources?
¶ 27 --> NEXCA undertook to limit its exploratory and mining activities, insofar as possible, to protect Pilemon access to and the integrity of sites of religious significance as required under ARPA.
What is the historical significance of 'The Crossing' in Pilemon tradition as described in the Statement of Agreed Facts?
¶ 5
(In 1698, after some of the Pilemon decided to relocate to the Torngat Plateau, twenty Elders strongly dissented. The Torngat Plateau was the center of Pilemon spirituality and the site of their origin story. These dissenting Elders believed that living on the Plateau was sacrilegious, arguing that it must remain exclusively a place of "pilgrimage and sacrament, not habitation".
The twenty Elders led their followers away from Pilemo entirely, migrating to a nearby, uninhabited island called Isla Sollania. This specific, religiously motivated migration is what Pilemon tradition refers to as "The Crossing")
What are the two paragraphs were the ICM and initial bidding process was first announced? When did Restovia detail how the Elder's participation in the bidding was to be facilitated?
¶ 20 (announcement of ICM)/ ¶ 21 (details of the ICM)
¶ 29 (to "facilitate the Elders' participation," the Restovian Ministry "posted copies of the three DPRs to its public website" and provided a "toll-free telephone hotline, staffed by technical advisers to the Ministry, for the Elders to call if they still had questions") Furthermore, Clarification 3 confirms that this hotline was staffed by advisors proficient in the Pilemon language.
Which paragraph specifies the date Liz Scott was arrested and the statute under which she was charged in Alekostria?
¶ 41. "On 12 July 2023... Ms. Scott had been arrested and charged under a statute that criminalizes 'promising, offering, or providing to a foreign public official...'"
Who supervised NEXCA's mining operations in the Gordian Gorge?
¶ 27 --> Liz Scott, an Alekostrian national and a senior manager at NEXCA, who would report directly to the NEXCA's Board.
According to the Detailed Project Report (DRP), she has no government position and is not authorized to make policy decisions.
Which paragraph describes the verdict of the jury in the Alekostrian Criminal Court trial of Liz Scott?
¶ 42. (On 1 September 2023... the jury returned a guilty verdict. Ms. Scott immediately appealed.)
What year did the ARPA and SRPA first enter into force? Where can one find the exact text of the ARPA?
November 1, 1972, see ¶ 18.
How many years has it been since the first announcement of the project and when Hyperion was awarded the bid?
4 years (see ¶ 49); 2 years since the announcement of the finalists (¶ 29)
In which paragraph does Restovia formally request the extradition of Ms. Scott?
¶ 44. "On 21 December 2023, the Restovian Minister of Foreign Affairs sent a formal request for the extradition of Ms. Scott. . ."
Which factor did the Restovian District Court cite as a reason to deny NEXCA's claim of sovereign immunity?
NEXCA was engaged in commercial activities typical of private businesses. (see ¶ 52).
According to the Statement of Agreed Facts and Corrections, what event occurred two months after the 1 October 2020 parliamentary resolution?
The Ministry of Natural Resources announced it would accept bids.
See Correction 2 (paragraph 20 was specifically amended to state that "Two months later" was when the Ministry of Natural Resources "announced that it would accept bids from domestic and foreign companies").
What was the date and paragraph of Sollania's first note verbale from its Ministry of External Affairs where it rejected the Indigenous Consultation Mechanism (ICM) because it was "in furtherance of a profanity" ?
¶ 21 , December 11, 2020.
In which paragraph is it stated that 80 Elders opposed the project in principle because the Plateau belonged to the Pilemons by traditional use?
¶ 33 (Nearly all of the other Elders who attended the meetings opposed the project in principle. They argued that the entire Torngat Plateau belonged to the Pilemons as an Indigenous People by virtue of traditional use and ownership).
In which paragraph is the Alekostrian Ministry of Foreign Relations' formal denial of the extradition request recorded?
¶ 46.
According to the ILSA report, what was the primary cause of the malware breach at NEXCA's headquarters?
Failure to change default passwords and lack of infrastructure compartmentalization. (see ¶ 38).
What was the impact of the SARV incident on the Pilemon people's access to the Torngat Plateau under Article 17?
Access was not affected in a manner that would engage or implicate common Article 17. (See clarification 6).
In paragraph _____ of the compromis, 60,000 Pilemons from modern day Alekostria and and Restovia relocated to the Plateau in 1698 due to increasing colonialist incursions; While in paragraph ____ Pilemon of 20 dissenting Elders went to the nearby, then-uninhabited Island, known as the Isle of Sollania.
¶ 4, ¶ 5
Which paragraph details the disqualification of NEXCA from the bidding process?
¶ 47 (the Restovian Minister of Natural Resources formally announcing the disqualification of NEXCA's bid. The Minister explicitly justifies this disqualification based on suspicions of corruption during the security clearance process and the negligence that led to the Gorge's damage).
What occurred immediately after the Alekostrian Court of Appeal decision on 19 December 2023?
¶ 44. (Two days later, on 21 December 2023, Restovia sent a formal request for the extradition of Ms. Scott.)
What is the name of the SARV? And how did it end up on the Torngat Plateau?
¶ 35 --> Semi. Autonomous. Robotic. Vehicle (SARV); The SARV was transported to the Plateau and deployed to map various promising locations using its on-board ground-penetrating radar and electromagnetic sensors.
Which paragraph describes the SARV’s specific route through a safety fence and its impact on the Torngat Pedestrian Bridge?
¶ 36.
(It explicitly details the physical events of the crash on February 3, 2023. It describes how the SARV accelerated and traveled on a "northeasterly course," crashed through a "safety fence," killed a security guard, and finally smashed into the "supporting pillars of the Torngat Pedestrian Bridge.)
Did the Pilemon Elders have decision-making authority over the final approval of the mining project?
No, the record is silent on whether they had final authority. (see ¶ 18).
The treaty requires them to be "included in decision-making" before any substantial changes are made to the Plateau, but it is entirely silent on whether their inclusion equates to a final veto or just a seat at the table.
What happened on 11 December 2020 and 18 December 2020, respectively?
(¶ 21 --> Sollania's first note verbale; Alekostrian Elders' communiqué --> ¶ 22).
(The Communique demanded that all preparatory activities, including the tender process, be suspended pending a response from the Restovian government to “the urgent concerns of our People.”)
Which paragraph identifies Judge Rumi Zhang’s ruling on the legality of the extradition request? What was the specified reason?
¶ 46. "On 1 February 2024, Judge Rumi Zhang of the Alekostrian District Court found that extradition pursuant to the request would be illegal. . ."
Her ruling relied on a strict interpretation of Article 4 of the 1965 Extradition Treaty between the two countries, intersecting with the principle of ne bis in idem. Because Judge Zhang viewed Double Jeopardy as contrary to both the domestic laws of Alekostria and Restovia, as well as a "general principle of law," she ruled that extradition was impermissible under the treaty.
Which paragraph mentions that NEXCA was required to ensure its activities were consistent with Alekostria's obligations under the ARPA?
¶ 26. The Parliamentary resolution specifically required NEXCA to act consistently with obligations under the ARPA.
Does the Compromis state whether the 1965 Extradition Treaty contains a forum selection clause for civil disputes?
The record is silent
Sollania's application to intervene under Article 62 of the ICJ Statute specifies that it seeks to participate regarding which issues?
The issues in paragraphs 59(b) and 60(b) of the Compromis. (see Clarification 7 on ¶ 55).
Alekostria requests the Court to declare in paragraph 59(b) that Restovia breached the Alekostria-Restovia Plateau Agreement (ARPA) and customary international law by failing to properly consult with and obtain the free, prior, and informed consent of the Pilemon people.
In direct opposition, Restovia requests the Court to declare in paragraph 60(b) that it did not breach any such treaty or customary international law obligations.
Which of the following describes the sequence of events in July 2022 regarding the dissemination of project information?
¶ 29 + Clarification 3 (Finalists were announced, and the Elders were invited to forums on the same day the DPRs were posted).
In which paragraph does the Alekostrian Court of Appeal explicitly vacate Ms. Scott's conviction?
¶ 43. ("...a three-judge panel of the Court of Appeal entered its judgment on 19 December 2023, vacating the conviction.")
What is ILSA and where is it introduced in the Compromis?
¶ 37, 38 --> Interjurisdictional Legal and Security Agency (ILSA). It is a joint-cyber criminal taskforce formed between Alekostria and Restovia in response to the SARV hacking at the Gordian Gorge.
In which paragraph is the registration of the 1965 Extradition Treaty with the UN Secretariat confirmed?
Clarification 1. (The 1965 Extradition Treaty was duly registered with the United Nations Secretariat in conformity with Article 102 of the Charter).
In 1981, Sollania accepted the compulsory jurisdiction of the ICJ. According to Clarification 2, what were the limitations or reservations on this declaration?
It was made without limitation or reservation. (See clarification 2).
When did the SARV incident take place relative to the finalist announcement? What three events occurred during this time period?
6 months: July 2022 (¶ 29) – January 2023 (¶ 35-37)
Following the announcement of the three finalists in July 2022, the next few months were dedicated to the "Indigenous Consultation Mechanism" (ICM). During this time:
• The Restovian Ministry held several six-hour online forums attended by about 200 Pilemon Elders. (¶ 29-30)
• Individual Elders proposed safeguards, particularly regarding the use of explosives and road construction in the Gorge. (¶ 31)
• The three finalist bidders accepted these recommendations and submitted revised Detailed Project Reports (DPRs) in October and November 2022. (¶ 31, ¶ 32)
In which paragraph is the maximum penalty for the bribery statute in Alekostria mentioned? How does it differ from the Restovian criminal statute?
¶ 41. ("The statute carries a maximum penalty of imprisonment for 10 years.")
The law strictly criminalizes "promising, offering, or providing to a foreign public official, directly or indirectly, any payment, gift, or thing of value in order to influence that official in the execution of his or her duties."
¶ 44. The penalty under Restovian law for "providing a public servant with a personal benefit" includes both a shorter maximum prison sentence and a severe financial penalty. Specifically, anyone convicted under the Restovian statute is subject to incarceration for up to five years, as well as a fine of up to three times the value of the "benefit"
In which paragraph does the Alekostrian Minister of Mining apologize for the 'harm this caused to Restovia'? What were the three main things the Minister of Mining did during his meeting with the Restovian counterpart?
¶ 39. Following the release of the ILSA report (see ¶ 38) the Alekostrian Minister of Mining met directly with his Restovian counterpart. During this meeting, the Minister did three things:
• Acknowledged the Failures: He admitted that NEXCA failed to provide adequate protection for the integrity of the Gordian Gorge and failed to adhere to industry standards for network security infrastructure.
• Apologized to the State: He explicitly "recognized and apologized for the harm this caused to Restovia".
• Expressed Condolences: He offered condolences to the family and colleagues of Domingo Montoya, the Restovian security guard who was killed when the SARV crashed through a safety fence.
What amount was Hyperion's bid expected to collect compared to the next-lowest bid?
Factoring in the upfront payment and the anticipated royalties for the first five years, Hyperion's offer was €100 million less than what the next-lowest bid would have paid the Restovian government (see ¶ 48).
During a press conference on July 19, 2024, the Restovian Minister acknowledged that they gave "serious consideration to reopening the bidding process" because they were now compelled to collect €100 million less than expected. (see ¶ 49).
What specific 'durable and enforceable assurance' did Sollania seek from Restovia during the 1971 conference?
Sollania proactively convened the 1971 trilateral conference with Alekostria and Restovia to ensure the "common interests" of their shared Pilemon populations were protected (¶ 15).
While Sollanian citizens had not actually encountered any significant physical barriers to visiting the Plateau at that time, Sollania wanted to lock in a "durable and enforceable assurance" that Restovia could never limit this access in the future.
To achieve this, Sollania proposed two main objectives during the conference:
1. Enshrining the right of access in a formal treaty.
2. Creating a trilateral fund to protect the "sacred places" and ensure the Plateau's "natural and spiritual environment" would always be respected.
This demand for an enforceable assurance directly shaped the modern legal landscape of the current dispute.
While Restovia refused Sollania's broader hopes of ceding management authority to the Pilemon Elders—viewing such a move as an infringement on Restovian sovereignty—it did agree to guarantee access. (¶ 17).
What was the timing of the postponement of Hyperion's work relative to its contract award? How long was the gap until this period was specified?
(Clarification 5) The work was postponed immediately after the contract award (¶ 49, July 2024) and before operations commenced “until any issues concerning its legality were conclusively resolved.”
Over a year later, Hyperion and Restovia's government clarified that the postponement would continue “until the International Court of Justice issues a final judgment in the case between Alekostria and Restovia.”
What evidence did Alekostria receive from Restovia for its prosecution of Liz Scott? Did Restovia submit any of it in its support for extradition later on?
¶ 41. (On 15 June 2023, Alekostria received certified copies of audio recordings from Restovia via a mutual legal assistance treaty.)
Also yes. ¶ 45 ---> Restovian authorities provided the Alekostrian Ministry of Foreign Relations with a summary of the evidence against Ms. Scott. This evidence package included:
• The three audio recordings of her meetings with Mr. Moore (which Alekostria had already used in its own trial).
• Sworn affidavits from three prospective prosecution witnesses.
In what paragraphs of the compromis did Alekostria and Restovia acknowledge the Gordian Gorge's minerals as an 'important interest' for economic development and national security?
¶ 20 (Restovia) and 26 (Alekostria)
Restovia --> On Oct. 1, 2020, adopted a resolution directing the government to develop a plan to exploit the deposit, citing an “urgent and paramount importance to national security in the 21st century,” and as the potential source of a major economic benefit to the country.
Alekostria --> In March 2021, both the Minister of Mining testified to Parliament the minerals as "increasingly important in existing and emerging industries.” Parliament passed a resolution approving NEXCA to bid in the project, consistent w/ Alekostria's national security.
Which paragraph details the charges against Ted Moore in Restovia?
¶ 40. ("On 9 May 2023, Restovian police announced that Ted Moore had been arrested and charged with corruption, embezzlement, and misuse of public office.")
Sollania asserted an obligation of FPIC in its second note verbale to the Restovian Embassy. (see ¶ 23).
This differs from the dissenting Council members of the Alekostrian Elders who suggested a less rigid, consultation standard. (¶ 22).
Where could one find support in the compromis for the argument that adequate consultation occurred and influenced the bidding selection process?
¶ 29 + Clar. 3 (Restovia's provision of synopses, translations, and a technical hotline--used 61 times + an 'independent and internationally respected firm' that audited the environmental impact assessments of the bidders).
¶ 29-30 + Clar. 3 (Restovia posted the finalist bidder DPRS to their website and organized in-person and virtual 6-hour forums where Elders could comment and question the finalist bidders).
¶ 31 (Individual Elders proposed several safeguards, mostly related to the use of explosives and construction of roads in the Gorge. These recommendations were accepted and incorporated by all three bidders into revised DPRs).
¶ 32 (a majority of participating Elders--120 out of 200--supported NEXCA's bid and felt 'reassurance' from their minimal destructive methods and Pilemon oversight).
What were the three pillars supporting Judge Rumi Zhang's denial of Restovia's extradition request for Liz Scott?
¶ 46. Judge Zhang's legal justification rested on three main pillars:
• The "Same Transaction" Test: First, Judge Zhang established that the Restovian charge ("providing a public servant with a personal benefit") was based on the "very same alleged transaction" for which Ms. Scott had just been tried and acquitted in Alekostria (paying a bribe to Ted Moore).
• Irrelevance of the Acquittal's Basis: The judge explicitly noted that the reasons for Ms. Scott's acquittal were irrelevant to the extradition question. Even though she was acquitted on procedural/constitutional grounds (the police failing to advise her of her rights) rather than a finding of factual innocence, it still constituted a final legal acquittal. (see ¶ 43 and Clarification 4).
• The Treaty's "General Principles" Clause: Judge Zhang looked to the Extradition Treaty, which mandates that any proposed judicial process in the requesting state must be "consistent with the general principles of law recognized by civilized nations". She concluded that subjecting Ms. Scott to a second prosecution for the same conduct would place her in double jeopardy.
Where in the compromis does the SARV Accident occur?
(Bonus points if you can describe it in 20 seconds)
¶ 36 --> While conducting a survey to map promising mining locations (¶35), the SARV suddenly accelerated to 100 km per hour and crashed through a safety fence, killing a nearby security guard (Domingo Montoya). After impact, the SARV rolled down a hill where it then smashed into a Torngat Plateau pedestrian bridge that was left unusable for weeks.
Can a state invoke its internal law to justify its failure to perform a treaty obligation?' According to the VCLT, how do you respond?
No, Under Art. 27 of the VCLT prohibits States from invoking provisions of its internal laws as justification for failure to perform a treaty obligation.