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Factual Questions

1. Is the selling of 75% of the total quantity of mined Marthite considered a breach
of Reverentias obligations?
a. YES. The statement of Reverentia that there is still sufficient supply of
Marthite is untenable considering that the basis under Article 4(d) of the
excess of 125% is every given calendar year. The year hasnt ended yet,
but Reverentia already sold its produce.
2. What is the persuasive effect of the peer-reviewed article of ILSA?
a. It is persuasive for Agnostica to rely upon it as the basis for a fundamental
change in the science underlying the treaty. It is persuasive for Reverentia
to have RMT sell some 75% of its mined Marthite to international
pharmaceutical companies within weeks after its publication.
3. Can the phrase Maxine Moritz contacted the President of Reverentia be
construed as a form of written correspondence, as required by the VCLT in a valid
procedural termination of the treaty?
a. Yes. Agnostica is presumed to have complied with its obligations. In fact,
the proposal contained a specific formula designed to compensate for the
costs and reimbursement. A formula as detailed as such cannot be fully
appreciated unless it is put into writing.
4. Is the provision of the Marthite Control Act banning the sale or transfer of
Marthite into Reverentia considered an exaggerated measure from Agnostica?
a. No. It is meant to be a valid reprisal against the sabotage committed by
Reverentia. Paragraph 21 of the Compromis describes the shortage of the
supply of Marthite due to Reverentias sabotage, and the subsequent
enactment was only in response to that.
5. Can technology be reasonably considered as part of the facilities?
a. YES. Under Article 1 of the Marthite Convention.
6. What is the significance of using the word RESELL in the Marthite
Convention?
a. It presupposes a previous transaction between Agnostica and RMT of the
mined Marthite before the latter may resell it to traditional users. Under
Article 3 of the Marthite Convention, it establishes that RMT is the owner
of Marthite only in its mined form.
7. Must all the goals in the preamble be considered inoperative for a fundamental
change to exist or is it sufficient that only one goal to become impossible to
perform?
a. Not a factual question.
8. Assuming that Reverentia was the owner of the software, would its removal from
the facilities still be considered unlawful? If yes, under what principle?
a. Yes. Not a factual question.
9. Is a change in the medicinal appreciation of Marthite considered fundamental so
as to warrant a valid termination of the treaty?
a. Yes. Not a factual question.
10. Prior to the discovery by ILSA, could it have been reasonable for the
Reverentians to foresee that Marthite possessed such highly curative values?

a. No. Not a factual question.


February 1 Questions
1. Why are we following the VCLT?
a. Although the VCLT is enacted after the Marthite Convention, the former is
a codification of customary international law, which, under Article 38 of
the ICJ, is a source of international law.
2. Are all provisions of VCLT lifted from Customary International Law?
a. No. However, the principles of fundamental change, and valid procedural
requirements are codifications of international law.
3. What are the objects and purpose of MC?
a. Under the Marthite Convention, the objects and purpose of the convention
are to fortify the friendship between the two nations, recognize the
significance of Marthite to traditional practice of Reverentians, respect and
honor those traditions, ensure a reliable supply of Marthite, and recognize
that Marthite is without commercial value outside its traditional users.
ICJ Lecture
ICJ established after WWII. After the PCIJ. Its the judicial organ of the UN. Basis,
Article 92 of the UN Charter.
15 members, elected by GA and UNSC voting separately. Majority of votes for both. No
two members may be from the same nationality.
Initiatory pleading: compromis or special agreement.
First type of jurisdiction:
Submitted by parties through consent.
- even includes non-members basta with consent (there must be a declaration that
the same may abide by the rules of the ICJ and the consequent declaration)
ICJ also issues advisory opinions upon the request of the General Assembly.
Second type of jurisdiction:
Compromisory clause in the treaty.
Example, Nicaragua case
Guidelines to determine cases:
Article 38. Decision is res judicata and binding upon state parties (A59)
Is there an appeal? NONE.
ICJ can decide outside the issues decided by the parties. They can even award damages
even if it is outside what is the issues pleaded SO LONG AS THEY ARE RELATED.

Enforceability is another matter.


There can be counterclaims in the ICJ. Eh basahin mo kaya iyong ICJ statute mismo.
There are provisional remedies and provisional judgments (questions of jurisdiction).
Article 40.
The agent need not be from the same council. What is the different between an agent and
council?