STATEMENT OF FACTS

The Federal States of Anthozoa (hereinafter “Anthozoa”) and the Republic of

Rhinopterra (hereinafter “Rhinopterra”) are both island states located in the middle of the

Eismic Ocean (R.1). Anthozoa is a developing country with a land area of 150,000 sq.

km. and a population of approximately 9,000,000 people. Its economy is largely based on

ecotourism and fishing industries (R.2). It has an islet called Motunui, home of the

ancestors of Anthozoa - the tribe of Motonoa - with a declining population of 200 people.

Motonoans consume fish on a daily basis (R.1). On the other hand, Rhinopterra is a

developed state with a land area of 450,000 sq. km. and a population of 7,800,000 people.

Its economy is largely based on oil export and shipping and cargo industries (R.2).

On the 9th of January 2015, Anthozoa and Rhinopterra entered into a treaty called the

Eismic Agreement on the Conservation of Living Resources in the High Seas (hereinafter

“Eismic Agreement”) (R.11). Meanwhile, the International Seabed Authority (ISA)

awarded an exploration contract for polymetallic nodules to Sakacho-Trevor Inc. (STI).

STI was a newly-registered company in Rhinopterra whose Chief Executive Officer

(CEO) was a good friend of the President of Rhinopterra, President Imza Yebv (R.11).

Thereafter, President Yebv announced the Government of Rhinopterra’s intention to

engage into a Deep Seabed Mining project (hereinafter “DSBM”) (R.13). Prior to the

aforesaid announcement, Rhinopterra had invited Anthozoa and other neighboring states

to participate in the environmental impact assessment (EIA) for the proposed DSBM
project. Anthozoa, however, refused to participate. The results of the EIA were not

published (R.18).

Subsequently, the legislature of Rhinopterra passed a law fully approving and

funding the planned DSBM project. The law did not require publication after the conduct

of an EIA. According to the approved project plans, the project was expected to last ten

(10) years and would be done in the High Seas. Rhinopterra entered into a contract with

STI for this project (R.15).

On September 2015, STI began the prospecting stage of the DSBM project (R.17).

Out of its own regard, STI used suction-lift mining equipment which is known among

environmentalists to possibly cause injury to the marine environment (R.16). Anthozoa

opposed to the project saying that the DSBM violates the Eismic Agreement.

Notwithstanding, Rhinopterra began the exploration and exploitation stage on November

2015 (R.17).

Between September 2015 and February 2016, local fishermen from Anthozoa and

Rhinopterra found among their daily catch three (3) dead oarfishes. Within the same

period, the fish yield of the Anthozoan fishermen in the High Seas also declined by 23 to

30%. In effect, the fishing industry of Anthozoa suffered economic loss. In the islet of

Motonui, forty (40) Motonoans died during the same period (R.19).

Eventually, Anthozoa sent a diplomatic note to Rhinopterra. It adamantly opposed

the project because of its unknown and negative effects on the marine environment and

other marine life. Anthozoa also contended that the economic rights of their fishermen

have been violated, particularly their right to work and their right to an adequate standard

of living. It further claimed that the Motonoans have been deprived of access to food.

Anthozoa urged Rhinopterra to suspend and terminate the project immediately because it

violated Article III paragraphs (1) and (2) of the Eismic Agreement (R.21).

In response, Rhinopterra sent a diplomatic note to Anthozoa. Rhinopterra contended

that it did not violate the Eismic Agreement. It argued that the DSBM is considered as a

marine scientific research. Rhinopterra stated that the conduct of the DSBM was pursuant

to Article 143 of the United Nations Convention on the Law of the Sea (UNCLOS), and

consistent with the Regulations on Prospecting and Exploration for Polymetallic Nodules

in the Area by ISA (R.22).

Both Anthozoa and Rhinopterra are bound by the Charter of the United Nations, the

Statute of the International Court of Justice, the Vienna Convention on the Law of

Treaties, the International Covenant on Economic Social and Cultural Rights and its

protocols, the United Nations Convention on the Law of the Sea, and the Convention on

Biological Diversity (R.3, R.4, R.6, R.7, R.9).

Due to the Parties’ inability to settle their differences through negotiation, Anthozoa

and Rhinopterra agree to submit the case to the Court in accordance with Article 40,

paragraph 1, of the Statute of the International Court of Justice (R.23, R.24).