Madam President, Your Excellencies, may it please this

honourable court. I am Audrey De Guzman, the first agent

pleading on behalf of the Applicant, the Republic of Arista.
The applicant submits that that Federal State of Ravar’s acts and
omissions with respect to the conduct of the mining project
violated international law.
To prove this, I shall establish Ravar’s obligation under:
a. The Khu’ Tan Mountain Range Treaty
b. The United Nations Framework on Climate Change
c. The Stockholm Declaration, and
d. The Convention on Long-Range Transboundary
Pollution
Second, I will then establish how Ravar subsequently breached
those obligations by failing to impose the policies under the said
international agreements .
Third, that Ravar’s failure to protect the environment violated
human rights.
Lastly, that the State of Ravar incurred State responsibility when
it committed internationally wrongful acts.
Should there be no preliminary inquiries, I shall now proceed
with my arguments.
The conservation of natural resources is the fundamental
problem. Why? Because unless we solve that problem it will
avail us little to solve all others.
A healthy environment is necessary for human life to survive.
Human activity that is harmful to the environment can cause
public health crises, render area uninhabitable and otherwise
reduce standards of living on a societal or global scale. When
people protect the environment, they are protecting themselves
and their future as well.
The Republic of Ravar and the Federal State of Ravar are State
parties to the KMRT, the UNFCC, Stockholm Declaration and
the CLRTAP which has for its common purpose the protection
of the environment. Both States, pursuant to the principle of
pacta sunt servanda, must comply with its treaty obligations in
good faith.
Under the KMRT, (Art. 6 thereof) the Khu’ Tan Mountain
Range, all rocks, minerals, and mineral deposits therefrom are
considered as shared national resources by Arista and Ravar.
Ravar may explore and exploit the natural and mineral resources
of the mountain range by providing the necessary technology
and services for any mining or mining-related activity(Art. 12).
Both contracting states are obliged to ensure the protection of
the environment by taking into consideration their respective
national and environmental legislation (ART.10) and they are
obliged to make full disclosure of any relevant information
concerning the environmental impact and mining-related activity
under the treaty (Art. 14).
Under the UNFCC, States have, in accordance with the Charter
of the United Nations and the principles of international law, the
sovereign right to exploit their own resources pursuant to their
own environmental and developmental policies, and the
responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of
national jurisdiction. Also, under Article 4 of the charter, The
Parties should take precautionary measures to anticipate,
prevent or minimize the causes of climate change and mitigate
its adverse effects. Where there are threats of serious or
irreversible damage, lack of full scientific certainty should not
be used as a reason for postponing such measures, taking into
account that policies and measures to deal with climate change
should be cost-effective so as to ensure global benefits at the
lowest possible cost. Furthermore, Article 4, 2 par. 1 states that,
the developed country Parties and other Parties included in
Annex I commit themselves specifically as provided for in the
following:
(a) Each of these Parties shall adopt national policies and take
corresponding measures on the mitigation of climate change, by
limiting its anthropogenic emissions of greenhouse gases and
protecting and enhancing its greenhouse gas sinks and
reservoirs. These policies and measures will demonstrate that
developed countries are taking the lead in modifying longer-
term trends in anthropogenic emissions consistent with the
objective of the Convention, recognizing that the return by the
end of the present decade to earlier levels of anthropogenic
emissions of carbon dioxide and other greenhouse gases not
controlled by the Montreal Protocol would contribute to such
modification, and taking into account the differences in these
Parties’ starting points and approaches, economic structures and
resource bases, the need to maintain strong and sustainable
economic growth, available technologies and other individual
circumstances, as well as the need for equitable and appropriate
contributions by each of these Parties to the global effort
regarding that objective.
Under the Stockholm Declaration, Principle 6: The discharge of toxic substances or of other
substances and the release of heat, in such quantities or concentrations as to exceed the capacity
of the environment to render them harmless, must be halted in order to ensure that serious or
irreversible damage is not inflicted upon ecosystems. The just struggle of the peoples of ill
countries against pollution should be supported.

Under the 1979 Geneva Convention on Long-Range

Transboundary Pollution, Article 2: The Contracting Parties,
taking due account of the facts and problems involved, are
determined to protect man and his environment against air
pollution and shall endeavour to limit and, as far as possible,
gradually reduce and prevent air pollution including long-range
transboundary air pollution. Article 6: Taking into account
articles 2 to 5, the ongoing research, exchange of information
and monitoring and the results thereof, the cost and effectiveness
of local and other remedies and, in order to combat air pollution,
in particular that originating from new or rebuilt installations,
each Contracting Party undertakes to develop the best policies
and strategies including air quality management systems and, as
part of them, control measures compatible with balanced
development, in particular by using the best available
technology which is economically feasible and low- and non-
waste technology.
2 : Ravar’s Violation of the international agreements
nd

Our Government, together with the Federal State of Ravar in

entering the KMRT, have in accordance to the Charter of the
United Nations on environmental law guidelines and principles
on shared national resources and the principles of international
law, the sovereign right to exploit our own environmental
resources pursuant to our own environmental policies, and the
responsibility to ensure that activities within our respective
jurisdiction or control do not cause damage to the environment
of other States or of areas beyond the limits of national
jurisdiction.

Madam President, Your exellencies, allow me to point out that

the root cause of the issue is the fire that broke out in the Tratvia
warehouse facility located in Mt. Lufor within the exclusive
jurisdiction of Ravar. The facility was established in 1990 which
was used for gas and liquid fuel and when the mining agreement
was entered into, the facility was converted into an open area
where coal is stacked. It is clear that the Federal State of Ravar
failed in its responsibility to ensure that activities of Tratvia
Industries made within their jurisdiction do not cause damage to
the environment of other States or areas beyond the limit of its
national jurisdiction.
Also, in compliance with Principle 4 of the UN Charter on
Environmental law guidelines and principles on shared national
resources which states that , States should make environmental
assessment before engaging in any activity with respect to a
shared natural resource which may create a risk of significantly
affecting the environment of another State or States sharing that
resource; an environmental impact report was made by the
Aristan Ministry on Environment upon entering the mining-
project agreement. By 2005, a renewed environmental impact
report was again made by the AME. The Federal State of Ravar
made no assessment whatsoever.
Also, under Article 4 of the charter, The Parties should take
precautionary measures to anticipate, prevent or minimize the
causes of climate change and mitigate its adverse effects. Where
there are threats of serious or irreversible damage, lack of full
scientific certainty should not be used as a reason for postponing
such measures, taking into account that policies and measures to
deal with climate change should be cost-effective so as to ensure
global benefits at the lowest possible cost.
The Federal State of Ravar, in its inaction to reduce the adverse
effects of the fire, breached its obligation under (Art. 4) the
UNFCC to take precautionary measures to minimize the causes
of climate change and mitigate its adverse effects. The UNFCC
particularly designated those developed country parties to
commit themselves in adopting national policies and take
corresponding measures on the mitigation of climate change, by
limiting its anthropogenic emissions of greenhouse gases and
protecting and enhancing its greenhouse gas sinks and
reservoirs. (Countries have been classified by their level of
development as measured by per capita gross national income
(GNI). Accordingly, countries have been grouped as high-
income, upper middle income, lower middle income and low-
income (table E). To maintain compatibility with similar
classifications used elsewhere, the threshold levels of GNI per
capita are those established by the World Bank). In the case at
bar, Ravar as the developed country failed to adopt policies to
limit the emissions of the greenhouse gases made by the burning
of anthracite coals.
During combustion, the reaction between coal and the air
produces oxides of carbon, including carbon dioxide (CO , an 2

important greenhouse gas), oxides of sulfur (mainly sulfur

dioxide) (SO ), and various oxides of nitrogen (NO ). Because of
2 x

the hydrogenous and nitrogenous components of coal, hydrides

and nitrides of carbon and sulfur are also produced during the
combustion of coal in air. These include hydrogen cyanide
(HCN), sulfur nitrate (SNO ) and other toxic substances. When
3

coal beds are exposed, as in this cases where the coals are stored
in an open area, the fire risk is increased. Spontaneous
combustion is caused when coal oxidizes and airflow is
insufficient to dissipate heat; this more commonly occurs in
stockpiles and waste piles, rarely in bedded coal underground.
Where coal fires occur, there is attendant air pollution from
emission of smoke and noxious fumes into the atmosphere.
Under the Stockholm Declaration, (Principle 6)The discharge of toxic substances or of other
substances and the release of heat, in such quantities or concentrations as to exceed the capacity
of the environment to render them harmless, must be halted in order to ensure that serious or
irreversible damage is not inflicted upon ecosystems.
Again, the Federal State of Ravar failed to comply with this. The fire that broke out was
composed of 450,000 metric tons of coal. The combustion of coal is the largest contributor to the
human-made increase of CO2 in the atmosphere. Electric generation using coal burning produces
approximately twice the greenhouse gasses per kilowatt compared to generation using natural
gas.
Coal mining releases methane, a potent greenhouse gas. Methane is the naturally occurring
product of the decay of organic matter as coal deposits are formed with increasing depths of
burial, rising temperatures, and rising pressure over geological time. A portion of the methane
produced is absorbed by the coal and later released from the coal seam (and surrounding
disturbed strata) during the mining process. Methane accounts for 10.5 percent of greenhouse-
gas emissions created through human activity. According to the Intergovernmental Panel on
Climate Change, methane has a global warming potential 21 times greater than that of carbon
dioxide over a 100-year timeline. The process of mining can release pockets of methane. These
gases may pose a threat to coal miners, as well as a source of air pollution.
Despite this, Ravar made no attempts to ensure that there would be no irreversible damage
inflicted upon the ecosystems.
"Methane Associated with Coal Seams". The Coal Authority. October 2007. Retrieved 2008-10-
22. "Where Greenhouse Gases Come From — Energy Explained, Your Guide To Understanding
Energy". Energy Information Administration, US Department of Energy. 2010-10-13. Retrieved
2010-02-19.

to protect man and his environment

Ravar’s obligation under the CLRTAP
against air pollution and shall endeavour to limit and, as far as
possible, gradually reduce and prevent air pollution including
long-range transboundary air pollution was also not complied
with. Ravar took no positive acts after the occurrence of the fire
to prevent air pollution. Madam President, Your Excellencies,
Ravas has in fact further aggravated the situation when instead
of providing measures to lessen the effect of the dust brought
about by the fire to the Vinthi people, they did nothing and even
let Tratvia lay-off Aristan employees who contracted lung
infections.
3 argument: Ravar’s failure to protect the environment
rd

violated fundamental human rights

Ravar violated its obligation under the international law to
respect and ensure the right to life. The UN General Assembly
has recognized the relationship between the quality of the
human environment and the enjoyment of the basic rights. As
the Stockholm Declaration affirmed, there exists a link between
environment and civil and political rights as well as economic
rights, with reference to live under adequate conditions, and in
an environment that permits a life of well-being and dignity.
Ravar has a treaty obligation to respect and ensure the right to
life (All international human rights instruments55 proclaim the
right to life.It has been recognized as a fundamental right of
“suprapositive character in that it is a norm, erga omnes57
enforceable in respect of all persons. Thus, the right to life takes
priority over a State’s pursuit of economic development.Many
constitutions58 embody the protection of this right evidencing
wide state practice and opinio juris.)
Closely related to the right to life are the right to an adequate
standard of living, the right to food, safe and healthy working
conditions and the right to health. No adequate and effective
environmental safeguards were made by Ravar violating the
right to a healthy environment of the inhabitants of Pintana.
Madam President, Your Excellencies, the Vinthis has been living
in the mountains of Pintana for almost a century. Ravar’s failure
to prevent substantial pollution violates the right to life of the
Vinthi people. The pollutants emitted by the fire directly affects
physical health and the failure of governments to regulate the
pollution are the most common scenarios in which courts have
found violations of the right to life. As a party to the ICESCR,
Ravar has a duty not to expose the Vinthi people to health
hazards.
Ravar robbed the Vinthi people their life, their home

States can be held responsible for the wrongful actions of

corporate entities when those wrongful actions can be
established to be an act of the state in accordance with
secondary rules of attribution. Though state responsibility is
determined through rules of customary international law, the
Draft Articles on the Responsibility of States for Internationally
Wrongful Acts (‘DARS’) provide detail on the circumstances in
which this can occur. Though the DARS do not represent
[2]

binding treaty law, existing only as an annexure to General

Assembly Resolution 56/83, [3]
they nevertheless have
considerable influence for the ongoing creation of customary
international law. This is because the lengthy gestation period in
developing the DARS has led to the articles being influential in
international fora.