[Oral Argument] Roadmap and Memo for Oral Argument

My name is Will and I represent Applicant, Acosta. Applicant respectfully requests 2 mins for rebuttal time.

I.          THE EXTERNAL SELF-DETERMINATION OR REMEDIAL SECESSION OF EAST ACOSTA IS ILLEGAL for three reasons.

1)          Acosta has satisfied its obligation to provide internal self-determination to the Acovistan population by allowing them to freely exercise their political and cultural rights.

Quebec - A secession is only permitted in extreme cases of oppressions of a people. Quebecers had been guaranteed the protection of their language, culture, and taken government positions.

2)          The Acovistan population has never been oppressed or deprived of fundamental human rights.

Kosovo - granted the secession of Kosovo because the country was at extreme risk of violence and militarization.

3)          Revista is responsible for the unlawful secession of East Acosta under the law of state responsibility.

Montevideo Convention Art. 8 - No state has the right to intervene in the internal or external affairs of another.
ARISWA Arts. 30, 31 - The State responsible for the internationally wrongful act is under an obligation (a) to cease that act, if it is continuing; (b) to offer appropriate assurances and guarantees of non-repetition, if circumstances so require

II.          ACOSTA WAS JUSTIFIED IN SUSPENDING THE MELVITE CONVENTION for four reasons.

1)          The articles of the Vienna Convention that reflect customary international law can be applied.

Arbitral Award of 31 July 1989 - the articles of the VCLT that reflect customary international law can be applied.

2)          Revista materially breached the MC under customary international law.

VCLT 60(3)(b) - A material breach is "the violation of a provision essential to the accomplishment of the object or purpose of the treaty."

C. 13 - RMT sold some 75% of the total quantity of mined Melvite to pharmaceutical companies at a price ten times higher than that the permitted price

3)          Acosta can invoke suspension of the Melvite Convention, which is justified by a "fundamental change" in the circumstances according to the Vienna Convention on the Law of Treaties.

VCLT 62 – A change of circumstances may be invoked when (1) the change is of circumstances existing at the time of the conclusion of the treaty (2) 'fundamental' (3) unforeseen (4) an essential basis of the consent and (5) the effect was 'radically to transform the extent of the obligations under the treaty.'

MC pmbl & C. 12-13

4)          Acosta is not bound by the Melvite Convention because it has permanent sovereignty over its natural resources under international law.

Congo - the principle of permanent sovereignty over natural resources as one of customary international law.

VCLT Arts. 53, 64 - A treaty is void if it conflicts with a newly emerged jus cogens norm, which is one that the international community of states as a whole recognizes as not permitting any derogation.

MC Arts. 1, 4 - Rights to construct mining-support facilities, rights to maintain such facilities, and rights to be an "exclusive owner of" the mined Melvite on Acosta's territory.

CONCLUSION

By reason of the foregoing, Applicant respectfully requests the Court to:

DECLARE that the purported secession and subsequent annexation of East Acosta are illegal and without effect, and that East Acosta remains part of the territory of the Federal Republic of Acosta; and

DECLARE that the Melvite Convention ceased to be in effect as of 2 April 2012, and that Acosta did not breach the Convention.

Cases Kosovo, [2010] Arbitral Award of 31 July 1989, [1991] Congo, [2005] Case concerning East Timor, [1995] Gabčíkovo-Nagymaros Project, [1997] Kasikili/Sedudu Island [1999] Quebec, [1998]

Treatises and Other Books - Anthony Aust, Modern Treaty Law and Practice (2000) - Hurst Hannum, Remedial secession as an exercise of the right to self-determination of peoples (2011) - James Crawford, State Responsibility: The General Part (2013) - Lord Hailsham, Halsbury's Laws of England (1998) Treatises and Covenants - International Covenant on Economic, Social and Cultural Rights - International Covenant on Civil and Political Rights - Melvite Convention (1938) - Montevideo Convention on the Rights and Duties of States (1933) - Articles on Responsibility of States for Internationally Wrongful Acts ("ARISWA") (2001) - Vienna Convention on the Law of Treaties ("VCLT") (1969)