INTERNATIONAL COURT OF JUSTICE

SPECIAL AGREEMENT
BETWEEN THE REPUBLIC OF AYASA (APPLICANT) AND THE
CONFEDERATION OF RAMIGIAN NATIONS (RESPONDENT) TO
SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE THE
DIFFERENCES BETWEEN THEM RELATING TO THE HARVEST
AND PROCESSING OF PURAHUACA AND THE DESTRUCTION OF
THE LUSEWA RAINFOREST
jointly notified to the Court on 24 August 2018

COUR INTERNATIONALE DE JUSTICE

COMPROMIS
ENTRE REPUBLIQUE DE AYASA (DEMANDERESSE) ET
CONFÉDÉRATION DES NATIONS RAMIGIENNES (DÉFENDEUR)
SOUMETTRE À LA COUR INTERNATIONALE DE JUSTICE LES
DIFFÉRENCES ENTRE LES CONCERNANT LA RÉCOLTE ET LE
TRAITEMENT DE PURAHUACA ET LA DESTRUCTION DE LA
FORÊT DE LUSEWA
notifié conjointement à la Cour le 24 Août 2018

JOINT NOTIFICATION
ADDRESSED TO THE REGISTRAR OF THE COURT
The Hague, 15 August 2018

On behalf of the Republic of Ayasa (Applicant) and the Confederation of Ramigian Nations
(Respondent), in accordance with Article 40(1) of the Statute of the International Court of
Justice, we have the honor to transmit to you an original of the Special Agreement for
submission to the International Court of Justice the case of Questions Relating to the Harvest
and Processing of Purahuaca and the Destruction of the Lusewa Rainforest signed in The
Hague, The Netherlands, on the fifteenth day of August in the year two thousand and
eighteen

(Signed) (Signed)
Aleide Song Chele Fomilen
Ambassador of the Republic of Ayasa to the Ambassador of the Confederation of
Kingdom of The Netherlands Ramigian Nations to the Kingdom of The
Netherlands
 SPECIAL AGREEMENT

SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY THE

REPUBLIC OF AYASA AND THE CONFEDERATION OF RAMIGIAN NATIONS
ON THE DIFFERENCES BETWEEN THEM RELATING TO THE HARVEST AND
PROCESSING OF PURAHUACA AND THE DESTRUCTION OF THE LUSEWA
RAINFOREST

The Republic of Ayasa and the Confederation of Ramigian Nations (hereinafter referred to as
“the Parties”)

Considering that differences have arisen between them concerning Questions Relating to the
Harvest and Processing of Purahuaca and the Destruction of the Lusewa Rainforest;

Recognizing that the Parties concerned have been unable to settle these differences by
negotiation;

Desiring further to define the issues to be submitted to the International Court of Justice
(hereinafter referred to as “the Court”) for settling this dispute;

In furtherance thereof the Parties have concluded the following Compromis:

Article 1
The Parties submit the questions contained in the Compromis (together with Clarifications to
follow) to the Court pursuant to Article 40(1) of the Statute of the Court.

Article 2
It is agreed by the Parties that the Republic of Ayasa shall act as Applicant and the
Confederation of Ramigian Nations as Respondent, but such agreement is without prejudice
to any question of the burden of proof.

Article 3
(a) The Court is requested to decide the Case on the basis of the rules and principles of
general international law, as well as any applicable treaties.
(b) The Court is also requested to determine the legal consequences, including the rights and
obligations of the Parties, arising from its Judgment on the questions presented in the
Case.

Article 4
(a) All questions of procedure and rules shall be regulated in accordance with the provisions
of the Official Rules of the 2018 Justitia Moot Court Competition.
(b) The Parties request the Court to order that the written proceedings should consist of
Memorials presented by each of the Parties not later than the date set forth in the Official
Schedule of the 2018 Justitia Moot Court Competition.

Article 5
(a) The Parties shall accept any Judgment of the Court as final and binding upon them and
 shall execute it in its entirety and in good faith.
(b) Immediately after the transmission of any Judgment, the Parties shall enter into
negotiations on the modalities for its execution.

In witness whereof, the undersigned, being duly authorized, have signed the present
Compromis and have affixed thereto their respective seals of office.

Done in The Hague, The Netherlands, this twenty-fourth of August in the year two thousand
and eighteen, in triplicate in the English language.

(Signed) (Signed)
Aleide Song Chele Fomilen
Ambassador of the Republic of Ayasa to the Ambassador of the Confederation of
Kingdom of The Netherlands Ramigian Nations to the Kingdom of The
Netherlands

*SPECIAL AGREEMENT*
Ayasa / Ramigo

1. The island of Fersila is located in the Hankete Ocean. The states of Ayasa and
Ramigo share in the landmass. Ayasa occupies the western half of the island while
 Ramigo is on the eastern half. The island, at its widest, is 2,000 kilometers long from
west to east, and 500 kilometers from north to south, with an uneven coastline on both
sides. Its westernmost point is 3,000 nautical miles away from the easternmost point
of Pattali, a developed state in the continent of Arilas.

2. Ayasa and Ramigo share a 400-kilometer long river running north to south, which
also serves as the border between them. The Lusewa River has its source in the Rinea
Mountains at the north of the island and empties into the Noler Delta in the south.
Extending 200 kilometers on either side of the river is a dense tropical rainforest
named after the river which runs through it.

3. The Lusewa Rainforest is called “The Lost Frontier” due it being inaccessible to
many researchers and because of its abundant flora and fauna. It is home to at least 50
bird species, 300 types of insect, 10 mammals, at least 50 species of frogs, 50 species
of trees, 30 species of orchids, and 25 species of mangroves in the Noler Delta. Most
of these species are endangered. The UNESCO has named the Rainforest and the
River as a World Heritage Site due to the presence of animals and plants of
“outstanding universal value from the point of view of science or conservation.” Thus,
the rainforest was declared a protected area by both Ayasa and Ramigo under the
Lusewa Rainforest and River System Protection Agreement (Annex A).

4. The Republic of Ayasa (Ayasa) is a low middle income country with a population of
20 million. Its government is a unitary presidential system. Its main industry is
agriculture, and most farms are situated at the edge of the rainforest, where the soil is
fertile due to the sediments deposited by the Lusewa River. Poor farming practices
have resulted in declining soil fertility, resulting in less productive harvests and less
nutritious crops.

5. The Confederation of Ramigian Nations (Ramigo) is a middle income country with a

population of 30 million. It is composed of autonomous regions reporting to a central
government with limited powers. The central government only imposes income tax
and controls national defense, currency, and foreign policy. The autonomous regions
decide on their own infrastructure, natural resource utilization, local taxes, business
laws, and use of allocated funds from the central government. Its main industry is also
agriculture, specifically raising of livestock such as cows, goats, and pigs.

6. One of the autonomous regions of Ramigo is Sanagu, the ancestral domain of the
Omeloi, a semi-nomadic tribe which has lived in both sides of the Lusewa Rainforest
for centuries. Scholars have debated whether or not the tribe settled in Sanagu in the
14th century CE or 17th century CE.

7. The Omeloi have long been marginalized and subject to relocation between Ayasa
and Ramigo, until in the 18th century, they were allowed to return to Sanagu. In 1915,
during the reorganization of the Ramigian government, Sanagu became an
 autonomous region where Omeloi customs and are considered the law of the land,
subject only to the Constitution of Ramigo.

8. While the Omeloi have started to embrace modern medicine and political
participation, their educational, technological, environmental conservation, and
dispute settlement systems are still based on their centuries-old traditions. This was
because of a decades-long struggle of the Omeloi, against corporations both domestic
and foreign, which had damaged the rainforest without compensating them. In
recognition of their rights, Ramigo granted the tribe autonomy in economic matters.

9. The Omeloi highly value a medium-sized tree which grows in clusters on the
riverbank, locally called purahuaca. The tree used to grow on both sides of the
Lusewa River but its population has started to wither and dwindle on Ayasa’s
side.The purahuaca tree blooms all year long with pink and red flowers. The seeds
are used for making flour. The taproot of the tree is brewed by the tribe elders for a
communal healing and decision-making ritual called huacasera, which is a seven-day
process. The brew can cure malaria, diarrhea, and diseases of the blood.

10. The huacasera ritual begins with a steam bath and prayers of cleansing for the ones
harvesting the bark. The second day is reserved for cutting limited numbers of the tree
to get the taproot. During the third until the fifth day, the members of the tribe dry and
smoke the taproot with the bark and flowers of the tree. The sixth day is reserved for
brewing the tea the whole day over a communal fire. On the seventh day, the elders
and the priests drink two cups of the mixture, which causes a trance-like state and
allows them to see visions which assist in their decision-making. The sick are made
only to drink one cup of the tea.

11. The ritual is rarely practiced due to the flowers of the purahuaca blooming only once
every four years. The complexity of the ritual and its social dimension has caught the
attention of the United Nations Educational, Scientific and Cultural Organization
(UNESCO), prompting it to include both the purahuaca tree and the huacasera ritual
in its List of Intangible Cultural Heritage.

12. In 2011, the Fersila island started experiencing extreme weather conditions due to
climate change and as a result, certain disease microbes have started mutating to resist
conventional medical treatments. One of these diseases is locally called limara, in
which a mosquito-borne parasite causes high-fevers, vomiting, diarrhea, and in a
deadly turn, liver and brain damage within one week if not treated. Isolated cases have
been reported in both Ayasa and Ramigo.

13. In 2012, Dr. Li Chae-jen and Dr. Ela Nadajo from the Center for Research on
Tropical Medicine, a state-of-the-art laboratory in the National University of Pattali,
while studying the medicinal properties of purahuaca, discovered that the Omeloi
tribe had no cases of limara. They posited that the smoking ritual drove away the
 mosquitoes and that the malaria-treating capabilities of purahuaca would have cured
any suffering villager.

14. After three years of working with the Omeloi and using their research grants to pay
for the actual brews used during the ritual, Dr. Chae-jen and Dr. Nadajo discovered
that injecting the brew killed the parasite within a week in 90% of infected tissue
samples. Out of respect for the Omeloi, the researchers did not patent the formulation
and declined lucrative offers from pharmaceutical companies to develop a drug.

15. In July 2015, during the rainy season, the mosquito population surged in Ayasa,
causing an limara outbreak. From July to August alone, 20,000 cases had been
reported. Stockpiles of quinine, the traditional malaria cure, were fast dwindling and
yet proved ineffective. The Ayasa Department of Health found out about the Chae-jen
and Nadajo study and recommended the importation of Ramigian purahuaca.

16. The Ayasan President, Jolan Votig declared a state of emergency due to the limara
outbreak. He instructed the Department of Trade and Commerce to negotiate an
agreement for Ayasan researchers and drug manufacturers to harvest purahuaca roots
with Ramigo to ensure faster development of a cure. However, negotiations did not
push forward because according to the Ramigian Prime Minister, Aleph Reino, the
tribe considered the purahuaca communal property and the elders of the tribe were
not unanimous in agreeing to harvest the tree’s roots for trade. In October, the number
of limara cases ballooned to 50,000.

17. Ayasa bought 40% of the shares of Rylov Corporation, a pharmaceutical company,
and subsidized it to develop treatment. Rylov put up a research hub near the border to
study the few purahuaca specimen on Ayasa’s side if it could create the same effect.
Rylov researchers found that not only were the Ramigian samples in themselves more
potent, but it was huacasera ritual of smoking and drying with flowers and bark
which actually distilled and purified the disease-combating properties of purahuaca.

18. Rylov researchers, in the hopes of expediting the process and without informing the
Ayasa government, started to cross the river at night to pluck out purahuaca flowers
and strip the bark from the trees at the Ramigian side of the Lusewa River. When
caught, the researchers and their assistants would bribe the Ramigian border guards.

19. On the night of November 8, 2015, one of the researchers was caught by an Omeloi
watchman stripping the bark with a machete. He was brought by the watchman to the
Council of Elders, who reprimanded the researcher and detained him until dawn.

20. The Council of Elders went to the Ramigian Capitol and manifested that they
understood the desperation of the Ayasans to find a cure and allowed limited
harvesting of the purahuaca root, bark, and flowers. The Purahuaca Harvest and
Research Arrangement (Annex B) was negotiated between the Omeloi and the
 Ayasan government, where the Omeloi allowed Ayasan people and machines to enter
into their land to harvest the root, but they must pay for the extraction of the plants,
the use of the huacasera process, and any damage caused to the ancestral lands.
Meanwhile, the number of infected had risen to 100,000, with 10,000 deaths in Ayasa.

21. Within weeks of the agreement being signed by the Ayasan government and the
Omeloi Council of Elders, harvesting machines and Rylov researchers entered Sanagu
and began to cut down dozens of purahuaca trees and sending them back to the
research hub on the Ayasan side of the Lusewa river. The Ayasan government paid
US$ 5 million for 25 trees for the testing phase.

22. The researchers have also tried to grow the purahuaca samples in a glass house near
the river and with Ramigian soil to simulate the conditions at the other side of the
border. They also grafted Ayasan purahuaca with the branches of Ramigian
purahuaca, to improve the efficacy of Ayasan purahuaca samples.

23. During the clinical trials, Rylov invited members of the Omeloi tribe to see the
production process. The Chief Elder protested when he saw the grafting process,
saying that it was against tribal custom to graft plants since it would make the original
plant unclean. Rylov scientists explained that this would make the drug more potent.

24. Even worse, when the other elders saw the abbreviated version of the smoking and
drying process, they were appalled since there was no community involvement and no
prayers said. They found the assembly line and the metal cutters barbaric, saying that
such instruments would hurt the spirit of the purahuaca tree. The elders angrily
walked out of the research hub, saying that Ayasa had broken its promise to consult
with the elders during the production process.

25. The next day, the elders inspected the harvesting site and saw that Rylov researchers
had 100 trees, 75 more than what was agreed upon in the PHR Agreement. Feeling
insulted, the elders said that Sanagu was not closed and told Rylov researchers to
remove their personnel and equipment. The Rylov researchers refused to leave, saying
that the agreement was valid for a year and that the researchers were allowed to
extract more if the need arose. The elders rebuked them, saying that they should pay
first and plant new seedlings before cutting additional purahuaca trees.

26. By May 2017, using modernized versions of the techniques outlined in the Chae-jen
and Nadajo study, Rylov was able to produce a drug branded as Huacaxin. They
patented both the drug and the smoking process. The drug was made commercially
available and Rylov made US$ 50 million from it as it was effective in 95% of cases.

27. Aneesa Wygai, a member of the Omeloi tribe who became a lawyer, found out about
the patenting of the chemical compounds used in purahuaca and the huacasera
process. She went to the Omeloi elders, informing them about the sale of the drug and
 asked whether the elders had been paid royalties for the smoking and drying process.
She filed a complaint in the Ayasa courts asking to nullify the issuance of the patent
and for the recovery of royalties based on the PHR Agreement, but it was dismissed.

28. In December 2017, upon receipt of the unfavorable decision, Wygai wrote a letter to
the Ramigian government requesting for legal assistance. It was granted and the
Ramigian Foreign Ministry sent a note verbale to the Ayasan Department of Foreign
Affairs, requesting for a consultative process to settle the dispute.

29. On the night of February 3, 2018, some of the Omeloi tribesmen, including the elders,
burnt purahuaca trees on the Ayasan side of the border, angry that the drug was
patented without recognition of the tribe’s contribution to its development and
processing of the drug.

30. The purahuaca tree has highly flammable flowers when burnt. The trees grow close
to each other and the fire spread west due to a strong wind blowing that night. The fire
reached the edge of the forest and spread to the farming communities in Ayasa, killing
70 residents and injuring 500 others.

31. The border guards of Ramigo stood by without doing anything, claiming that they had
no jurisdiction to intervene with occurrences on the Ayasan side of the river. The
Omeloi tribesmen were arrested and detained for arson and violation of the Lusewa
Rainforest and River System Protection Agreement.

32. The fire raged on for 7 days, destroying 10% of the Ayasan part of the Lusewa
Rainforest. An estimated 20% of the frog population was decimated in the blaze. The
loss of frog species in the forest allowed the mosquito population in Ayasa to grow
faster for lack of natural predators. Cases of limara skyrocketed in March to 400,000
and the death toll was at 100,000.

33. President Votig strongly condemned the burning of the forest, saying “If the tribe
truly cares for the environment, it would not have burnt our side of rainforest as well”
during a press conference. Ramigo refused to take responsibility, with Prime Minister
Reino saying that the Omeloi people are autonomous and that the Ramigian state did
not condone as such is not an act of the state of Ramigo but only of the Omeloi, who
are autonomous. However, the Ramigian state requested the release of the Omeloi.

34. The Republic of Ayasa tried to talk to the Council of Elders. However, the Council of
Elders refused, saying that they were advised by the Ramigian government to wait for
the results of the negotiations. Further, the Omeloi elders said that the Rylov
researchers are now barred from seeking access into Sanagu. Due to the lost access,
Rylov’s drug production slowed down just as the infection rate rose. By June 2018,
600,000 Ayasans were infected and 150,000 had died since the beginning of the
outbreak.
35. Unable to come up with an acceptable solution to the concerns of both Ryvol and the
Omeloi, talks between the foreign affairs departments collapsed. Ayasa decided to file
a complaint with the International Court of Justice, alleging that the cultural practices
of the Omeloi cannot prevail over the public health emergency in Ayasa. Ramigo
responded, saying that there was an agreement for the proper use of Ramigo’s natural
resources, yet, Ayasa chose not to abide by the agreement.

36. Ayasa and Ramigo have both ratified the following treaties and conventions:
● Charter of the United Nations
● Vienna Convention on the Law of Treaties
● International Covenant on Civil and Political Rights
● International Covenant on Economic, Social and Cultural Rights
● Convention on the Elimination of All Forms of Racial Discrimination
● Convention Against Corruption
● Convention on Biological Diversity
● Constitution of the World Health Organization

37. Only Ayasa has ratified the following:

● Paris Convention for the Protection of Industrial Property

38. Only Ramigo has ratified the following:

● International Labor Organization Convention 169

39. The following are the issues to be resolved:

I. Whether or not Ramigo is liable for the worsening of the outbreak due to the
loss of cultivated plants
II. Whether or not Ramigo violated environmental law by burning the border
trees
III. Whether or not the use of the plant by Ayasa’s citizens is a violation of
indigenous peoples’ rights
IV. Whether or not Ayasa has rightfully acquired intellectual property rights over
the plant
 ANNEX A
Lusewa Rainforest and River System Protection Agreement

xxx

Article 2
The Protected Area

The Lusewa Rainforest and River System is hereby declared a protected area.

For the purposes of this Agreement, the Lusewa River System comprises the 400-kilometer
long river system from its source in the Rinea Mountains at the north of the Fersila Island to
Noler Delta in the south. The Lusewa Rainforest comprises the tropical rainforest extending
200 kilometers up to the edge of the treeline on either side of the Lusewa River System.

xxx

Article 15
Border Protection

Each Party shall send a contingent to patrol the Rainforest in order to prevent destruction,
vandalism, or unlawful taking of flora and fauna.

Each Party shall be obliged to cooperate and undertake information-sharing procedures in

order to improve law enforcement and protection of the Protected Area.
 xxx

Article 20
Punishable Acts

The following acts shall be cause for the filing of a criminal case in the courts of the country
where the offense took place:
1. Illegal harvesting of plants
2. Hunting, poaching, or collection of any animal species, except if with prior clearance
for scientific research from the state where the species can be found
3. Expulsion of any waste material into the rainforest or any part of the river system
4. Illegal logging for commercial purposes
5. Setting up permanent or semi-permanent structures for any purposes, except scientific
research or conservation facilities with prior authorization from the relevant
environmental and scientific authorities
6. Clearing the land for pasture or agricultural purposes without clearance from the
relevant agricultural authority

Such violations shall be penalized by a fine not exceeding US$ 20,000. If it is undertaken by
more than one principal author, the fine shall not exceed US$ 30,000. If the perpetrator is a
juridical person, the fine shall not exceed US$ 100,000.

ANNEX B
Purahuaca Harvest and Research Arrangement

Article 20
Consultations with the community

The methods of harvesting the purahuaca plants and the subsequent processing of the same
shall be chosen in consultation with the Council of Elders of the Omeloi. In all undertakings
in relation to the harvesting and processing of the purahuaca, the traditional preparation will
be preferred, unless other methods would create more effective versions of the drug.

A learned expert of the Omeloi tribe may be chosen to supervise the process of production
when possible.

xxx

Article 35
Transitory Provisions

1. As a preliminary amount, only up to twenty-five (25) purahuaca trees can be

harvested for research. Each tree harvested is valued at US$ 250,000, in recognition
of its importance as cultural and natural heritage. Twenty-five (25) purahuaca
seedlings shall be planted on the banks of the Lusewa River upon the consumption of
the preliminary amount.

2. Should there be a need to harvest more than the preliminary amount in the preceding
paragraph, the following conditions must be fulfilled by the Government of Ayasa:
 a. A written request shall be submitted to and must be approved by both the
Ramigian Ministry of Foreign Affairs and the Council of Elders of the
Omeloi.
b. Seedlings corresponding to the additional number of purahuaca trees needed
shall be planted on the banks of the Lusewa River
c. Payment of US$ 300,000 per additional tree must be given before the harvest

3. Failure to comply with the requirements will be a ground to terminate the Agreement
if upon a determination by the Ramigian Foreign Affairs, there is clear and
convincing evidence of non-fulfillment of the conditions in the preceding paragraph.

4. The initial harvest may begin within two weeks after the effectivity of this
Agreement.

xxx

Article 40
Dispute Settlement

Any and all disputes arising from this Agreement shall be submitted to the International
Court of Justice through a Special Agreement unless the parties subsequently stipulate in
another agreement to submit the dispute to some other international tribunal or court.