Case Concerning The Acheron Valley Assignment Sample

• Type Assignment
• Downloads783
• Pages9

INTRODUCTION

Get free samples written by our Top-Notch subject experts for taking online Assignment Help UK services.

The maintenance of peace and identification of security is one of the most important aims of the international community. The aim was an instrument in the United Nations charter where the purpose of the organisation was deposited the fundamental principles of the United Nations where members should settle their international dispute by peaceful means; these are considered to be identified in such a manner that international peace and security as well as justice are not endangered. It is taken into account that the principle of peaceful settlement of dispute as often re-integrated by the United nation in a particular fact where it helps in drawing and declaring a principle of international law concerning friendly relations of international cooperation among the states in accordance where it would be very possible for the users to consider the instrument of general assembly and Security Council. It is also very much important for the wishes to identify the principal function of the court, where this is only to decide in accordance with the statute of international law. Here this is considered that article 44 of the act also helps in understanding the different factors where each of the party should be authorised to conduct scientific studies and should also consider the research in the manner where they provide the adequate and advance notice through the commission and indicating the period within which they would be conducted. The legal dispute submitted to it from the different states would be taken into account where the court will call special advisory opinion on the legal questions which would be considered under the General assembly. Here the security council or the other United Nations organisation would be considered as a specialised agency who would be authorising the General assembly for the purpose of creation of the rule.

STATEMENT OF JURISDICTION: THE CLAIM SATISFIES THE JURISDICTIONAL REQUIREMENTS

For the purpose of using the court and to consider the jurisdiction the parties should include the case before the court where the state must both have access to the court and should accept its jurisdiction. Therefore it is identified that the access to the court is granted to all the states that I considered as the parties to the stature of the court. Here it is taken into account that all the members of the parties are considered as automatic parties to the statue of the court.

It is taken into consideration that the International Court of Justice has a jurisdiction of two types where it includes the Contentious cases between States in which the court produces binding rule and it also includes the cases which have been previously agreed. It also includes the cases which have been previously agreed to submit the ruling to the court and advisory opinion which provided recent but non-binding rulings that are related to the questions of international law. It is therefore taken into account that international law usually at the request of the United nation general assembly includes the advisory opinion that does not have concerns particular controversies between states. Do they often consider the similar factor?

It is taken into consideration that the jurisdiction of the court in this proceeding is based on the different forms of consent between the two states to which it is open. The form in which this consent is expressed helps in identifying and determining the manner through which the case may be bought before the Court. There are various types of conditions which have been taken into action which includes,

Special agreement

It is taken into consideration that article 36 paragraph 1 of the statute helps in providing that where the jurisdiction of the court comprises various cases which the parties refer to. These duties normally come before the court through the notification of the registry where an agreement known as special agreement is taken into consideration. This includes that party should specially for this purpose consider the subject of dispute and parties must indicate the factors that are related to the same.

Matter is provided for in the treaties and conventions

The article 36 also provides the statute where the jurisdiction of court comprises the matters which are specially provided in the treaties and conventions that are in the force. These are the matters which are normally brought before the courts in the means of written application where the institution in the proceedings is taken into account. This is considered as a unilateral document which helps in indicating the subject of dispute between the parties that are there in the international court of justice. It is taken into identification that the provision through which the applicant found that you are a section of the court are ruled under article 38 of this international court of justice.

This is taken into consideration that the international Court of Justice stipulates that whenever a treaty or convention in is in force then it provides for the reference of matter to tribunal where it includes institutional league of nation it is also taken into consideration that there is a treaty between the parties to the statute which is considered to be referred to the international Court of Justice. It is also taken into account that the permanent court reproduces the relevant provisions of instruments which are related to governing of the jurisdiction. By virtue of the article referred to above some of these provisions now help in governing the jurisdiction of the international court of justice.

Compulsory jurisdiction and legal disputes

This is identified that the statute provides that state me helps in recognising as compulsory where the relation related to the other state accepting the same obligations or taken into consideration. The jurisdiction of the court for legal dispute includes the cases which are brought before the court to the means of written applications. It is therefore identified that the nature of legal dispute is in relation to which such compulsory jurisdiction may be recognised or listed under the article 36 of the statute.

Forum Prorogatum

This is taken into account that where if a state has to recognise the jurisdiction of the court at the time where it is application is considered to be instituted the proceedings related to the same are taken into account. This helps in identifying the possibility of subsequently accepting the Judas diction which helps in enabling the court to entertain the case. The court that has a jurisdiction where it has a date of acceptance under the form prorogatum rule.

The court itself helps in deciding any question concerning its jurisdiction

It is taken into consideration that the statute helps in providing that in the event of dispute where the court has jurisdiction the matter shall be settled by the decision of the court. Here the article 79 of the rule lays down the arrangement where the preliminary objections are taken into account.

Interpretation of a judgement

It is identified that article 60 of the statute helps in providing that in the event of any dispute which occurs or considers under the meaning of the scope of judgement the court would also constitute upon the request of any of the parties related to the act. It is also identified that the request for interpretation would be considered or would be made either by the means of special agreement or would be considered or made between the parties or any of the applications by one or more of the parties.

Revision of a judgement

An application is considered to be an identified under the court of jurisdiction where the revision of judgement may be made only when it is based upon the discovery of some of the facts for such a nature which is considered to be a decisive factor. Where in case when the judgement was given in the case where the unknown court was considered to be a party claiming revision this would always be provided through such party’s ignorance which was not due to the negligence. Therefore it is considered as one of the most important factors where upon the request for revision by means of an application with me taken into account.

Therefore in the current case it is identified that the claim satisfies the jurisdictional requirement as it is identified that Arcadia has identified significant oil reserves where Avalon indigenous people have occupied the river. The Acheron River is considered to be including the Democrats with the border of Antilia where it extends to the interior and territory. It is identified that the development now which has been passed by Arcadia is Open exploration of oil reserves to domestic and foreign investors which is one of the factors where proper environmental and social impact has not been done. Also the government of Arcadia had granted a 50 year licence for exploitation and exploration of oil and gas where Acheron valley and Irkalla investment company is considered to be having been established in Atlantis.

This is identified that the people in the considered project do not consider or do not identify the development law or they only identified a defence the law that is created by the government of Arcadia. They do not entertain the international Court of Justice rules that have been created under the statue of the Acheron River.

It is identified that the statue of River Acheron is considered to be relevant in pounds which does not provide the following factor. The parties undertake the action where there are various articles which have been defined which includes that the parties to undertake how to protect and preserve the water and land environment in the river of Acheron Valley should prevent pollution by prescribing appropriate rules and measures which have not been considered by the organisation. It is also taken into account that article 43 which was entered between the parties of the two destructions where any of the violations related to the pollution laws would face rights of the other party to obtain the compensation for the losses. Therefore all the factors are taken into account and it is important the violation of the statue has been done by Arcadia. Therefore negotiation has also not been presented into a judgement hence it is important for the users to consider the factors that they should have considered and would have resulted in a great understanding.

Here this has been considered that the similar case was taken into account where San Juan River was considered to improve the navigability. This is also considered that the portfolios would also be used so as to consider the excavating channel where this would be used in disputed territory. Here the court provide the compensation where they considered the use of international law and decision that are related to same were accounted for the arbitral tribunals.

STATEMENT OF ADMISSIBILITY: THE CLAIM SATISFIES THE NECESSARY CONDITIONS

The claim satisfies the necessary conditions that are provided by the international court where it is identified that the court renders authoritative judgements. It is also identified that the statue where the negotiation was one of the most important factors for the purpose of entering into the dispute as Both the states have tried to negotiate between each other but the judgements about the state does not came into existence as one of the most important factors to identify that it is very much important for the purpose of entering into the court where necessary conditions related to the same has been completed.

It is also important that the terms and condition that was settled between both the parties have been breached and both the parties are not able to came into any solution which is one of the most factors that of international court of justice hence it is important to undertake that where article 44 of the statute way is of any domestic jurisdiction of the parties will apply the parties would not be in agreement of whatsoever related to the controversy. The parties would have direction that all the decisions would be taken by the international court of justice which would be done at the request of any of the parties.

Hence it is identified that the claims that have been made by Antillia would be considered for the purpose of entering into the international Court of judgement and the statement would be admissible under the law. The responsibility to protect the environment is considered as one of the factor where this would be used to meet specific need. Here this has been made that the absence of the any international consensus would be used to consider the atrocity crimes and occurring of the various boundaries in the single state.

CONCLUSION AND PLEADINGS

Therefore as a matter of fact it is identified that the pleading must be accepted by the international court of justice against Arcadia as they have breached the conditions and have violated the statute that has been entered between both the countries. It is very much important to treat both the countries in the manner where negotiation was also considered as impractical given that behaviour or the attitude related to the same was not in consensus. It is also taken into consideration that the articles that were provided have been breached and violation for the same has been done therefore it is a plea to the international Court of Justice that they should consider the facts of Antillia and start taking action or giving the judgement against Arcadia for the same.