We will be using the scenario created for 2007 Manfred Lachs Space Law Moot Court Competition. While I have included the link to official web site, we will be using this case in the usual format used for mock trials in PLS 317 at Bradley. Only some of the information/rules from the original homepage will be used. You may find the additional links on the official homepage useful.
Tasks And Organization
Counsel for Emeralda
The job of the Counsel for Emeralda will be to build their case for the desired declarations from the ICJ, namely
25.1. there is no obligation of Emeralda under international law to return the crew
members to the Mazonian authorities;
25.2. Mazonia is liable for the loss and suffering caused by the death of the Emeraldian
sailor, and the material damage to the Barracuda and for financial loss suffered by
Emeraldian Batoblue Ltd,
25.3. Mazonia is liable for the material damage to the Condor and for the financial loss
suffered by Soaring High, Inc.; and
25.4. Mazonian national activities involving the Mazonian Government have caused a
violation of Emeralda’s sovereignty.Layout out to the court what the existing applicable law and legal obligations and demonstrate how the desired declarations flow from these laws. You can strengthen your case by anticipating the counter-arguments from Mazonia.
The team will elect a chief counsel who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor.
Counsel for Mazonia
The job of the Counsel for Mazonia is to build their case for the desired declarations from the ICJ, namely that
24.1. the claim for return of the two crew members and of any part or element of the
spaceplane is legally based on the international treaties and international rules to
which Mazonia and Emeralda are bound;
24.2. there is no legal basis for the claim for the prosecution of the two astronauts
before Mazonian courts;
24.3. Mazonia is not liable for the damage caused to the two vessels; and
24.4. no violation of Emeralda’s sovereignty have occurred.Layout out to the court what the existing applicable law and legal obligations and demonstrate how the desired declarations flow from these laws. You can strengthen your case by anticipating the counter-arguments from Emeralda.
The team will elect a chief Counsel for Mazonia who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor. The team must pay careful attention to the ICJ rules.
International Court of Justice
The judges of ICJ's Chamber must render a decision in this case. You need to respond to the requested declarations, but you may also issue additional orders and/or declarations in your judgment. Do not assume that the two parties to the case have identified all applicable or, or have interpreted in properly.
Read the general directions carefully. Your fist required act is to settle on hearing procedures which will be announced on April 27.
After considering the memorials the two groups, judges of the ICJ Chamber will conduct a hearing on May 5. Using ICJ rules as much as possible, the hearing should provide for each side to present its major points, respond to the other side, and answer questions from the court. You will get the best response to your questions if they are presented to the teams a few days prior to the formal hearing, this is especially true for topics not covered in the memorials .
After the formal hearing the judges of the ICJ must meet and arrive at a majority decision. This carefully substantiated decision (along with any dissenting opinions) will be presented in class on May 7. Plan on absolutely no more than 20 minutes for a presentation. The written decision, in both paper and electronic form, is due on May 8.
The court will elect a chief judge who shall preside over all meetings/hearings and ensure court members carry out their functions. Primary responsibility for guiding the court to the proper decision.
The chamber will organize itself always mindful of the ICJ rules. Some of the tasks the must be completed include: developing the rules for the hearing, researching the appropriate laws, communication with other parties, drafting opinions, and documents, chairing the hearing, questioning the participants during the hearing, etc. Work load will be equitably distributed among the group and the responsibilities communicated to the instructor.
The Situation
Additional Links
United Nations Office for Outer Space Affairs
1944 Chicago Convention on Civil Aviation
Case Generated Documents
Court Instructions to Counsel and Hearing Rules Court Questions
Mazonian Counter Memorial