International Law Moot Court Competition

Asia Cup 2015

Case concerning Resource Exploration in the Zeekant Sea
Albion v. Ricojan
Legend:
Red clarifications from supplemental materials

1.
Both the State of Albion (hereinafter, Albion) and the Federal Republic of
Ricojan (hereinafter, Ricojan) are States bordering the Zeekant Sea, and their
coastlines face each other across the sea. The distance between the States coastlines
is less than 400 nautical miles. Albions coastline on the Zeekant Sea is longer than
that of Ricojan.
-In the Zeekant Sea, there is no island that belongs either to Albion or Ricojan.
-The ratio of Albions coastline length to that of Ricojans is 2:1.
-There is no other coastal state than Albion and Ricojan facing the Zeekant Sea.
2.
With a paucity of natural resources, Albion is a developing country, and its
main industry is agriculture. The state budget and military power of Albion are small.
3.
Endowed with abundant natural resources, such as oil and natural gas, Ricojan
is a resource-exporting country. The Government of Ricojan has a solid financial
foundation due to the large income produced by government-run resource
development companies. Ricojan is also a military power.
4.
Albion ratified the United Nations Convention on the Law of the Sea (UNCLOS),
but Ricojan only signed it. Both States are members of the United Nations.
-Both Albion and Ricojan are parties to the Vienna Convention on the Law of Treaties.

5.
Maritime boundary delimitation in the Zeekant Sea has been a long-standing
concern for Albion and Ricojan. Each State claims a 200-mile exclusive economic zone
(EEZ) and the continental shelf from its own coastline, and no agreement on maritime
boundary between the two States has been reached.
-No agreement on the median line between Albion and Ricojan has been reached.
6.
In 2010, Ricojan Oil Corporation (hereinafter, ROC), a petroleum company run
by the Government of Ricojan, launched oil drilling in several offshore oilfields in the
Zeekant Sea near Ricojans coastline, and these oilfields produced high-quality oil.

These oilfields are all located in the area where only Ricojan has claimed an EEZ and
the continental shelf.
7.
In January 2013, a group of international researchers led by an
internationally known geologist, Professor Ceres of the Menerva University, published
an observation in an academic journal, which indicated the possible presence of
additional petroleum resources in the Zeekant Sea aside from the subsea oilfields that
Ricojan exploited. According to the observation, oil resources are highly probable to be
found around the median line between the coasts of Albion and Ricojan. At the same
time, the research group also published that methane hydrate resources had been
exposed on the seabed on the Ricojan side of the median line.
-The group of researchers led by Professor Ceres is a fully private entity, which is not
related to any state or government.
-Menerva University is located in a third country, neither Albion nor Ricojan.

8.
On the basis of the geological assessment, the Government of Albion decided
to start exploring oil resources in the Zeekant Sea, near the median line. Since the
Government and its domestic companies have no ability to carry out the exploration,
Albion contacted several oil companies based in developed countries, seeking the
possibility of hiring them.

9.
However, as none of the companies accepted the offers on the grounds of
security risks, Albion failed to conduct any oil resource exploration in the Zeekant
Sea.

10.
On the other hand, the Government of Ricojan instructed ROC to carry out a
seismic survey around the Zeekant Sea median line. ROC explored the Ricojan side in
the vicinity of the median line using a seismic survey ship, as instructed. This
exploration was conducted by making full use of the most advanced, high-precision
three-dimensional-reflection seismic prospecting. Neither the Government of Ricojan
nor ROC notified Albion of the seismic exploration prior to its implementation.
Furthermore, the Government of Ricojan commissioned the Ricojan Maritime Research
Institute (hereinafter, RMRI) to research the presence of methane hydrate on the
Ricojan side of the median line.
-Ricojan Maritime Research Institute (RMRI) is a state-run research institute of Ricojan.
-Ricojan did not give prior notification of the research on methane hydrate to Albion.
-The seismic survey and collection of methane hydrate samples were carried out by a

research vessel owned by Ricojan Oil Corporation (ROC) and another vessel that
belongs to RMRI, without accompaniment of either warships or other government
vessels.
-Both ROC and RMRI were incorporated under the national law of Ricojan.
-The seismic survey has not affected the maritime environment of the Zeekant Sea.

11.
In September 2014, the Elk-Oftend, an influential newspaper in Ricojan,
reported that following the research engaged by Professor Ceres of Menerva University
and his international research team in 2013, ROC has conducted a seismic exploration
on the Ricojan side of the Zeekant Sea median line and confirmed the presence and
location of substantial petroleum resources. Moreover, the RMRI confirmed the
exposure of methane hydrate in the area near the median line between Ricojan and
Albion and succeeded in taking samples of the resource for their further research.

12.
Responding to the news article, President Calibur of Albion stated at a regular
press conference, If the newspaper report tells a truth, it is highly regrettable that
Ricojan unilaterally carried out exploration near the median line of the disputed area
without any prior notice to Albion. According to the relevant provisions of the UNCLOS,
States are not allowed to unilaterally commence resource exploration in the disputed
area, pending the delimitation decision on the merits. Ricojan is obliged to officially
notify Albion of the oil resource exploration project and to ask for consultation thereon.
Albion requests Ricojan to disclose immediately to Albion the result of the seismic
survey pertaining to oil resources. Additionally, it is also highly regrettable that the
RMRI collected samples of methane hydrate unilaterally. Albion requests that Ricojan
share the collected samples. Ricojans Press Secretary, Ms. Braggi, confirmed the
news report and responded that as jurisprudence of the international court and
tribunals indicates, the seismic survey conducted by ROC was in accordance with
international law, and there is no need for disclosure of the result to Albion.
Furthermore, the act of the RMRI to collect samples of methane hydrate is in
accordance with international law. Therefore, it is needless to share the collected
samples.

13.
From October 2014 to December 2014, the Foreign Ministries of both
countries met on four occasions to negotiate a settlement of the issue on resource
exploration in the Zeekant Sea, but no solution was agreed upon by the two nations.

14.
In January 2015, under Article 36, paragraph 2, of the Statute of the
International Court of Justice (hereinafter, the Statute), Albion unilaterally filed an
Application against Ricojan to the International Court of Justice regarding a dispute
concerning both the resource exploration in the Zeekant Sea conducted by the

Government of Ricojan and ROC and the research for methane hydrate carried out by
RMRI, alleging that the exploration and the research activities are in violation of
international law.
15.
Albion has deposited a declaration, recognizing the compulsory jurisdiction of
the International Court of Justice under Article 36, paragraph 2, of the Statute without
any conditions and reservations.
16.
Ricojan has deposited a declaration recognizing the jurisdiction of the
International Court of Justice, under Article 36, paragraph 2, of the Statute, together
with a reservation that states, This declaration does not apply to any dispute
concerning the delimitation of maritime boundaries.
-The reservation on the declaration of Ricojan accepting the compulsory jurisdiction of
the International Court of Justice (ICJ) was deposited in 1964 when the maritime
delimitation in the Zeekant Sea became a serious concern between Albion and Ricojan.
At that time, the Foreign Ministry of Ricojan explained before its parliament that the
aim of this reservation was to prevent Albion from referring the dispute concerning the
maritime delimitation in the Zeekant Sea to the ICJ.
17.

Albion requests that the International Court of Justice adjudge and declare:

(1) the Court has jurisdiction over the present dispute;

(2) the resource exploration and research conducted by the Government
of .Ricojan, ROC and RMRI in the Zeekant Sea constitutes a violation of international
law

18.

Ricojan requests that the International Court of Justice adjudge and declare:

(1) the Court does not have jurisdiction over the present dispute;
(2)
even if the Court has jurisdiction over the dispute, the resource
exploration and research in the Zeekant Sea conducted by the Government of Ricojan,
ROC and RMRI do not constitute a violation of international law.

DEFINITIONS
Developing country vs. Developed country

Central Intelligence Agency1

o

Developed countries. Includes the market-oriented economies of

the mainly democratic nations in the Organization for Economic
Cooperation and Development (OECD), Bermuda, Israel, South Africa,
and the European mini-states; also known as the First World, highincome countries, the North, industrial countries; generally have a per
capita GDP in excess of $15,000 although four OECD countries and
South Africa have figures well under $15,000 and eight of the excluded
OPEC countries have figures of more than $20,000; note - similar to
the IMF term advanced economies.
Developing countries. A term used by IMF for the bottom group in
its hierarchy of advanced economies, countries in transition, and
developing countries; note - this category would presumably also
cover other countries that are traditionally included in the more
comprehensive group of "less developed countries."

International Monetary Fund2

The main criteria used by WEO to classify the world into advanced
economies and emerging market and developing economies are (1) per
capita income level, (2) export diversificationso oil exporters that have
high per capita GDP would not make the advanced classification because
around 70% of its exports are oil, and (3) degree of integration into the
global financial system. In the first criteria, we look at an average over a
number of years given that volatility (due to say oil production) can have
a marked year-to-year effect. For the first criterion, the data source is the
WEO database; for the second criterion, it is the UN COMTRADE database;
and for the last criterion, it is the IMFs Balance of Payments Statistics
Database. Note, however, that these are not the only factors considered
in deciding the classification of countries. As it says in the WEO Statistical
Appendix, "This classification is not based on strict criteria, economic or
otherwise, and it has evolved over time. The objective is to facilitate
1 World Factbook https://www.cia.gov/library/publications/the-world-factbook/appendix/appendixb.html

2 https://www.imf.org/external/pubs/ft/weo/faq.htm

analysis by providing a reasonably meaningful method of organizing

data." Reclassification only happens when something marked changes or
the case for change in terms of the three criteria above becomes
overwhelming.

UN Statistics Division
There is no established convention for the designation of
developed and developing countries in the UN system. 3 The
designations are intended for statistical convenience and do not
necessarily express a judgment about the stage reached by a particular
country or area in the development process. 4

World Trade Organization5

There are no specific definitions of developed and developing
countries. WTO members decide for themselves in which category they
belong. However, other members can challenge such decision.
A developing country status in the WTO brings certain advantages
such as longer transition periods in some WTO Agreements and technical
assistance in some cases. When a member announces itself as a
developing country, it does not automatically mean that it will benefit
from the unilateral preference schemes of some of the develop country
members such as the Generalized System of Preferences. In practice, it is
the preference giving country which decides the list of developing
countries that will benefit from the preferences.

Ratifying state vs. Non-ratifying state

Vienna Convention on the Law of Treaties

definition

Ratifying State
Ratification involves two
acts: an internal act of

Non-Ratifying State
Where the signature is

3 http://unstats.un.org/unsd/methods/m49/m49regin.htm#ftnc (31 October 2013)

4 http://unstats.un.org/unsd/methods/m49/m49.htm
5 https://www.wto.org/english/tratop_e/devel_e/d1who_e.htm

approval (e.g. by the

parliament, or the Crown
in
the
UK)
and
an
international
procedure
which brings a treaty into
force
by
a
formal
exchange or deposit of
instruments of ratification.
See VCLT Art. 14.

obligations

subject to ratification,
acceptance
or
approval,
signature
does
not
establish
consent to be bound
nor does it create an
obligation to ratify.
Where the treaty is
not
subject
to
ratification,
acceptance
or
approval,
signature
establishes consent to
be bound. Sometimes
signature
may
be
dispensed with: the
text may be adopted
or
approved
by
resolution of the UN
General Assembly and
submitted to member
states for accession.
To refrain from acts which would defeat the object and
purpose of a treaty6
o object and purpose refers to the reasons
for which States parties or signatories
concluded a treaty, and the continuing
functions and raison detre of the treaty7. In
the absence of the Parties desire to preserve
the object and purpose of a treaty, the treaty
itself would be impaired both in its principle
and in its application.

6 VCLT, Article 18.

7 Advisory Opinion on Reservations to Genocide, ICJ Reports (1951), 27.

Territorial sea

Contiguous zone

Continental shelf

EEZ

definition

An adjacent belt of
waters/sea
of
the
coastal State.8
CANNOT
extend
beyond 12 nm from the
low-water line along
the coast

entitleme
nt

Coastal State has full

sovereignty over the
waters,
airspace,
seabed and subsoil
(living
and
mineral
resources), but foreign
vessels are allowed the
right
of
innocent
passage

The submerged natural

prolongation of the
land territory of coastal
State.10
Can extend beyond
200 nm but CANNOT
extend beyond 350 nm
from
territorial
sea
baseline
Inherently belongs to
the coastal State

An area beyond and

adjacent
to
the
territorial sea.11

breadth

A
belt
of
water
adjacent or contiguous
to the coastal States
territorial sea.9
CANNOT
extend
beyond 24 nm from
territorial sea baseline

Comprises the seabed,

its
subsoil
and
resources
Coastal State has the
right (1) to exploit the
non-living resources of
EEZ (oil, gas, sand and
gravel); (2) to exploit
living resources; (3) to
exploit the EEZ for
other
economic
purposes
(such
as
production of energy
from waves, winds or
currents);
(4)
to
authorize and regulate
construction
and
operation of artificial
islands,
installations
and structures; (5) to
regulate
scientific
research; to control
pollution in its EEZ.

Extends to the water

column
and
its
resources
Coastal
State
has
sovereign rights for the
purpose of exploring
and
exploiting,
conserving
and
managing
natural
resources, living or not,
of
the
water
superjacent
to
the
seabed and of the
seabed and its subsoil,
and with regard to
other activities for the
economic exploitation
and exploration of the
zone, such as the
production of energy
from
the
water,
currents and winds.

scope

exploitati
on of
resources

8 UNCLOS Article 2.
9 UNCLOS Article 33.
10 UNCLOS Article 76.
11 UNCLOS Article 55.

Coastal
State
may
exercise
necessary
control to:
(a)
prevent
infringement
of
its
customs,
fiscal,
immigration or sanitary
laws and regulations
within its territory or
territorial sea;
(b) punish infringement
of the above laws and
regulations committed
within its territory or
territorial sea.

CANNOT
extend
beyond 200 nm from
territorial sea baseline

The coastal State may

or may not have an
EEZ (if no EEZ, the
waters
above
the
continental shelf falls
under the high seas
regime)

delimitati
on
between
States
with
opposite
or
adjacent
coasts
drilling

Neither of the two

States
is
entitled,
failing agreement, to
extend its territorial
sea beyond the median
line.

It shall be first be effected by agreement in order

to achieve an equitable solution. If no
agreement, the States concerned, in a spirit of
understanding and cooperation, shall make every
effort to enter into provisional arrangements of a
practical nature and, during this transitional
period, not to jeopardize or hamper the reaching
of the final agreement.
The coastal State shall
have
the
exclusive
right to authorize and
regulate drilling on the
continental shelf for all
purposes.12

12 UNCLOS Article 81; See Article 246(5)(b) re: coastal States withholding consent to the conduct
of MSR project.

Oil drilling Oil drilling is the process by which tubing is bored through the
Earth's surface and a well is established. A pump is connected to the tube and
the petroleum under the surface is forcibly removed from underground.

Median line Divides the area into two equal parts. In geometry, a median of a
triangle is the line segment joining a vertex to the midpoint of the opposing side.
Every triangle has exactly three medians, one from each vertex, and they all
intersect each other a the triangles centroid.

Equidistant A line every point of which is equally distant from the nearest
points on the baselines of two States.

Seabed The ground under the sea; the ocean floor. The top of the surface
layer of sand, rock, mud or other material lying at the bottom of the sea and
immediately above the subsoil.

Subsoil All naturally occurring matter lying beneath the seabed or deep ocean
floor. The subsoil includes residual deposits and minerals as well.

Methane hydrate A crystalline solid that consists of methane and water. It

only occurs naturally in subsurface deposits where temperature and pressure
conditions are favorable for its formation. If the ice is removed from this
temperature/pressure environment, it becomes unstable. 13

Natural gas A fossil fuel that is nonrenewable source of energy because it

cannot be replenished on a human time frame. It is an energy source and also
used as fuel for vehicles and as a chemical feedstock in the manufacture of
plastics and other commercially important organic chemicals. It is found in deep
underground rock formations or associated with other hydrocarbon reservoirs in
coal beds and as methane hydrates.

Seismic survey14 A technique similar to an ultrasound that is used to develop

images of the rock layers below ground. Sound waves are bounced off
underground rock formations and the waves that reflect back to the surface are
captured by recording sensors. In marine operations, a specialized vessel tows a
13 http://geology.com/articles/methane-hydrates/
14 http://www.seismicsurvey.com.au

seismic streamer, or a collection of cables with seismic sources and

hydrophones attached. The seismic sources use compressed air to produce
acoustic energy. The hydrophones capture the returning sound waves.
The sound from seismic surveying is comparable to many naturally occurring
marine sounds, including those made by animals themselves. Once the survey
does begin, the seismic sources are turned up slowly during a ramp-up period of
about 30 minutes, so that marine animals are not startled and can move away.

Three-dimensional-reflection seismic prospecting A method of

geophysical prospecting in which vibrations are set up by firing small explosive
charges in the ground or by other artificial sources. It involves the measurement
of the time taken for a seismic wave to travel from a source through the
subsurface, where it is partially reflected back to the surface and then detected
at a receiver.