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International Environmental Law Moot Court - Verapat #1 ***For Educational Purposes***
This is the first part of the pleading, in which Verapat began by (More) ***For Educational Purposes***
This is the first part of the pleading, in which Verapat began by elaborating on the State Responsibility of Cataya arising from actions of CoCoCat. He then dealt with questions concerning the enforcement of Convention on Biological Diversity.
The video continues at...
http://www.youtube.com/watch?v=3JAVky0rPdQ
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[Background]
Verapat Pariyawong, then a senior law student at Chulalongkorn University, appeared in the final round of the 12th Stetson International Environmental Law Moot Court Competition, held at Ateneo de Manila Law School (the Philippines), in September 2007. The competition was organized by Stetson University College of Law (Florida, USA) and Ateneo de Manila Law School. This is the Regional Round for Teams who compete to represent South East Asian region in the international round in Gulfport, Florida.
Verapat, along with his teammates, Panlop Manopsit and Nathawat Wannakowit , argued for Applicant, the Republic of Hwange in an international dispute concerning the Convention on Biological Diversity (CBD) and a Bilateral investment treaty. The setting was the International Court of Justice (ICJ).
The Respondent was the Democratic Republic of Cataya, whose rapidly growing economy required mineral resources which it sought from extraction site in Hwange, a least developed nation. The extraction contract was signed by a former Dictator of Hwange, and CoCoCat, a company owned by Cataya. The extraction site was also National Reserve and a natural habitat of the Hwange Black Rhino, the national symbol and also an endangered specie. An EIA information showed that the extraction would have likely led to the extinction of the rhino. The new government of Hwange refused to comply with the extraction contract, and denied to pay compensation claimed by Cataya by under a bilateral investment treaty, who brought the claimed on behalf of CoCoCat.
Agents of Hwange submitted following legal arguments pursuant to principles of public international law:
1. Cataya bore State Responsibility for conducts of CoCoCat
2. Cataya has an international obligation under CBD, as well as customary international law, to stop mineral extraction
3. Cataya must respect Hwange's sovereignty by stopping CoCoCat.
4. Cataya may not bring the compensation claim due to the local remedy rule
5. Hwange is precluded from wrongfulness under the State of Necessity
***For Educational Purposes*** (Less)
International Environmental Law Moot Court - Verapat #1 ***For Educational Purposes*** This is the first part of the pleading, in which Verapat began by (More) ***For Educational Purposes*** This is the first part of the pleading, in which Verapat began by elaborating on the State Responsibility of Cataya arising from actions of CoCoCat. He then dealt with questions concerning the enforcement of Convention on Biological Diversity. The video continues at... http://www.youtube.com/watch?v=3JAVky0rPdQ ------- [Background] Verapat Pariyawong, then a senior law student at Chulalongkorn University, appeared in the final round of the 12th Stetson International Environmental Law Moot Court Competition, held at Ateneo de Manila Law School (the Philippines), in September 2007. The competition was organized by Stetson University College of Law (Florida, USA) and Ateneo de Manila Law School. This is the Regional Round for Teams who compete to represent South East Asian region in the international round in Gulfport, Florida. Verapat, along with his teammates, Panlop Manopsit and Nathawat Wannakowit , argued for Applicant, the Republic of Hwange in an international dispute concerning the Convention on Biological Diversity (CBD) and a Bilateral investment treaty. The setting was the International Court of Justice (ICJ). The Respondent was the Democratic Republic of Cataya, whose rapidly growing economy required mineral resources which it sought from extraction site in Hwange, a least developed nation. The extraction contract was signed by a former Dictator of Hwange, and CoCoCat, a company owned by Cataya. The extraction site was also National Reserve and a natural habitat of the Hwange Black Rhino, the national symbol and also an endangered specie. An EIA information showed that the extraction would have likely led to the extinction of the rhino. The new government of Hwange refused to comply with the extraction contract, and denied to pay compensation claimed by Cataya by under a bilateral investment treaty, who brought the claimed on behalf of CoCoCat. Agents of Hwange submitted following legal arguments pursuant to principles of public international law: 1. Cataya bore State Responsibility for conducts of CoCoCat 2. Cataya has an international obligation under CBD, as well as customary international law, to stop mineral extraction 3. Cataya must respect Hwange's sovereignty by stopping CoCoCat. 4. Cataya may not bring the compensation claim due to the local remedy rule 5. Hwange is precluded from wrongfulness under the State of Necessity ***For Educational Purposes*** (Less)
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