Compromis

Question 1

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Answer 1

Thanatosian Plains located in Southern hemisphere has been home to two ethnic groups, Reverentians and Agnosticans. 18th century, Kingdom of Credera (Europe), conquered the land and formed two separately-administered colonies, Reverentia and Agnostica. Credera demarcated the colonies based on observations of the inhabitants.

Question 2

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Reverentia located in eastern half of Thanatosian Plains and functioned as a manufacturing and urban trading center.

Question 3

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Agnostica located in western half of Thanatosian Plains bordered by Reverentia on east and the Tuklu Range (25 mountains exceeding 7,000 meters in elevation) on all other sides. Enjoyed fertile land and abundant mineral resources it became a source of raw materials and usually exported to Reverentia for refining, processing, and onward sale

Question 4

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Reverentia was ethincally homogeneous throughout colonial times. A large number of ethnic Reverentians migrated to Agnostica to take advantage of economic opprotunities. 1919 Crederan census, approximately 70% = Agnostican and 30% = Reverentian.

Question 5

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1925, Credera grant independence to all colonies worldwide. Federal Republic of Agnostica (applicant) and State of Reverentia (Respondent) established 1 August 1925 according to boundaries set by Credera. Following this, Reverentia pusued a policy of rapid industrialization, Agnostic focused on economic development of harvest, extraction, and exportation of natural resources.

Question 6

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At time of independence and for 30 years, Reverentian government made attempts to encourage Agnorevs to return to Reverentia. Contemporary reports = 85% of Agnorevs stayed in Agnostica, participatig actively in politics and economy in Agnostica.

Question 7

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1955 Agnostican Economic Ministry study = average Agnorev household earned 157% of the income of average ethnic Agnostican family in same area. Per capita of eastern Agnostica nearly identical to that of Reverentia.

Question 8

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Reverentia = unitary state

Agnostica = two provinces; East Agnostica (home of nearly all Agnorevs) and West Agnostica

• cultural ffairs, and education devolved to the provinces, all other matters are left to federal government
• Constitution empowers federal parliament, by 3/4 vote, to dissolve union and create 2 independent states

Question 9

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Answer 9

East Agnostica only area in world that contains Mathite deposits, which are a mineral salt with mildly restorative properties. Core ingredient for Reverentian traditional medicine.

Question 10

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Answer 10

14 April 1938 - bilateral treaty, The Marthite Convention, which was ratified by both parties.

Question 11

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Answer 11

• Until 2011, Marthite Convention continued without controversy.
• Facilities produced 200-250 tonnes per year
• RMT sold entire output to traditional medicine practicioners
• virtually no demand outside region, apart from collectors and small ethnic Reverentian communities in Europe and North America

Question 12

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Answer 12

2011, team of scientits from Institut Luxembourgeois des Sciences Appliquées (ILSA), in peer-reviewed article published in journal Nature, reported high doses of Marthite were 90% effective in treating previously untreatable infant and early-childhood autoimmune disorders, some of which afflict tens of thousands worldwide.

Question 13

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Answer 13

Major international pharmaceutical companies began contacting RMT for marthite. Within weeks of article, RMT shifted focus to international market, selling 75% of total quantity mined to pharmaceutical companies for as much as 10x maximum permitted sale price. Reverentian press noted this was causing serious concerns among traditional users that shortages and price increases were inevitable.

Question 14

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Answer 14

1 February 2012, Agnostican Prime Minister Maxine Moritz contacted President of Reverentia, Antonis Nuvallus, proposing termination of Mathite Convention by mutual consent, pointing to “fundamental change in the science underlying the treaty,” and offered reimburse Reverentia costs of construction, staffing, and additional sum derived from a formula “designed to compensate Reverentia for any loss of its supply of Marthite during the remaining term of the Convention.”

Question 15

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President Nuvallus replied on 21 Febraury 2012:

• “RMT assures me that the supply of Marthite is more than adequate to satisfy local demand.””
• He added, nothing in treaty restricts what RMT can do with excess
• Rejects Agnostican proposal and says treaty is in effect and that it is Agnostica’s economic interest that have changed, not the properties of Marthite

Question 16

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Answer 16

2 April 2012, Prime Minister Moritz declares Mathite convention terminated. Agreed to lease to Baxter Enterprises, LTD., a multinational trading company incorporated in Cayman Islands, for undisclosed sum. Following day, announced lease with Baxter had entered into force.

Question 17

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Answer 17

President Nuvallus rejected Agnostican position that treaty was terminated and ordered Reverentian engineers to return. President directed employees “… also to remove any software installed by RMT at the Marthite mining facilities, until such time as Agnostica agrees to respect its treaty obligations.”

Question 18

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Answer 18

Baxter engineers who arrived in late April 2012 stated that the withdrawal of personnel and software crippled Marthite operations. Claiming that wile they can easily replace the experts withdrawn, it will take weeks if not months begin extraction on any meaningful scale due to the sabotage to operating systems and other software which mining systems depended on.

2 May 2012, article in Reverentian Times, Rev. VP wrote that Agnostica breached and they would not allow them to profit from that breach.

Question 19

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4 May 2012, Sydney Morning Herald published an interview in which Prime Minister Moritz rejected VP comments saying that the facilities would resume operation immediately.

Question 20

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By end of May, all facilities resumed mining operations, relying heavily on manual labor provided by Agnorev workers.

Question 21

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31 August 2012:

• Baxter had not been able to restore computer systems
• Extracting 100 KG per day (Rate of 40 tonnes/year)
• nearly all extracted sold to pharmaceutical companies
• 2-3 KG daily (1 tonne/year) sold to traditional users, at prices higher than those before 1 April 2012
• 1 September 2012, Baxter claimed the software removal had a greater impact than expected and restoring full capacity would take substantially longer than anticipated

Question 22

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Answer 22

1 October 2012, Agnostican Parliment passed Marthite Control Act (MCA) banning sale or transfer of Marthite into Reverentia, as well as unauthorized purchase, sale, or possession of Marthite within Agnostica. Prime Minister Moritz announced the sabotage cannot prevent them providing life saving product to the children of the world. Claiming moral obligation to ensure no Marthite is diverted away from that goal.

Question 23

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Answer 23

MCA provides Agnostican citizen possession Marthite without Government license would be subject to mandatory prison term of 18 months to 4 years, depending on factors in statute. New measure was denounced by Reverentian and East Agnostican media. Described as “thinly-vield discriminataion”

Question 24

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Mid-November 2012, supervisors at largest Mathite facility instituted routine searches of workers at end of their shift because they suspected a member of crew was stealing petty cash. 23 November 2012, Gohandas Sugdy, 19 year-old Agnorev miner, found to be in possession of 2 pocketfuls of Marthite. Arrested and charged.

Question 25

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Sugdy, during arraignment, explained it was for his ill grandfather and that a local folk-medicine practicioner warned that if the grandfather did not recieve daily doses of Mathite, he would die. Sugdy begged judge for mercy but he was remanded to jail to await trial. Magistrate noted that he regretted that the MCA deprived him of any discretion in the matter.

Question 26

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Answer 26

24 November 2012, Sugdy was found dead in his cell in an apparent suicide (hanging by neck). Next to him was a note asking for forgiveness. Grandpa was infored and died 4 days later of apparent heart failure

Question 27

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Within hours of the report of Sugdy’s suicide, Agnorevs gathered outside the jail in Thanatos, capital of East Agnostica. Peaceful gatherings but city police were deployed to maintain order. Sugdy became a martyr for cause and East Agnostican newspaper denounced Marthite ban.

Question 28

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Ensuing days and weeks after Sugdy suicide, crowd outside jail grew in size. Tone and focus of speakers rhetoric shifted dramatically from eulogizing to airing various preceived Agnorev grievances, most notably unavailability of Marthite, but also long-standing concerns as the domination of fedearl judicial posts in E. Agnostica by ethnic Agnostican lawyers, the complete absence of Agnorevs among senior officers of the Agnostican armed services, and disproportionate allocation of government scholarships to ethnic Agnotican university students. Speakers criticized unrelentingly negative characterization of Agnorevs in W. Agnostican primary-school textbooks and national media. Characterized as wealthy villains in popular Agnostican cinema. Problems with progressive tax structure.

Question 29

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Answer 29

Remainder of 2012, demonstrations across E. Agnostica increased in number, frequency, and intesity. Prime Minister Moritz mobilized military troops stationed in the province to maintain order. 26 December 2012, police clashed with protesters in streets of Thanatos. 60 protestors killed and several protestors and lightly-armed military personnel were seriously injured. E. Agnostican media termed it as “the Boxing Day Massacre”

Question 30

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After December 26 clash, President Nuvallus expressed “deep concern for the safety of our Reverentian brethren abroad,” and offered “any assistance that Revertia might provide to protect their lives and safety.” Additionally, he contacted Tomás Bien, Agnorev head of E. Agnostican provincial legislature, asking how they could help. Bien thanked Nuvallus for concern but otherwise did not reply.

Question 31

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2 January 2013, clashes between protestors and authorities continued, Bien proposed resolution before Agnostican parliment, calling for Prime Minister to de-escalate police and military presence in E. Agnostica. Failed by vote 46-54, with all 33 E. Agnostican members voting in favor.

Question 32

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4 January 2013, Bien addressed the crowd in Thanatos stating that the aims of the federal government diverged from the Agnorev citizens, adding on that they “must now be permitted to decide whether to continue this federal state.”

Question 33

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5 January 2013, Bien presented a resolution to dissolve the nation. It was defeated, all 67 delegates from the West voted against it and 29 of the 33 delegates from the East voted in favor.

Question 34

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9 January 2013, President Nuvallus delivered speech to capital where he said Reverentia will do everything in its power to ensure theAgnorevs are free if they wish.

Question 35

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Answer 35

10 January 2013, Reverentian Parliament adopted “On the Crisis in East Agnostica”

• Due to the Agnorev desire to secede, the President is authorized to:
  
  1. recognize as lawful and valid
  2. promote recognition and efficacy by any means at his disposal
  3. extend diplomatic recognition to an independent state in E. Agnostica
  4. To negoitate with responsible parties to ensure practitioners of traditional medicine in E. Agnostica have adequate supplies of Marthite at reasonable price
  5. To take all measures necessary to ensure security and integrity of that state

Question 36

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Answer 36

On the Crisis in East Agnostica resolution was dnounced by Prime Minister Moritz as unlawful intereference and an act of agression

Question 37

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Answer 37

E. Agnostican provincial parlimanet voted on 16 January 2013 to schedue a plebiscite on the question of secession. Prime Minister Moritz ordered National Police to prepare to block the referendum. 18 January 2013, President Nuvallus ordered several hundered soldiers to border and sent diplomatic note to Prime Minister Moritz stating the troops were on the border to aid Agnorevs fleeing violence and that they were worried violence would spill over.

Question 38

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29 January 2013, plebiscite was held and 73% of voters were in favor of secession. No violence or interference with the vote reported. Several international NGOs noted over 80% of eligible citizens voted, and declared it largely free of irregularities and the result was fair and accurate. Prime Minister Moritz declared Agnostica does not recognize the outcome illegally conducted.

Question 39

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Day after the vote to seceed, members of the now sitting self-styled Agnorev People’s Parliament (APP), ratified the secession and voted unanimously to send delegation headed by Bien to enter to talks with Reverentia to swiftly intergrate. Prime Minister Moritz had representatitves at UN and regional organizations pleaded for help from international community.

Question 40

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6 February 2013, President of Security Council expressed concern of territorial integrity of Agnostica and that it might consitute unjustifiable and illegal interference in Agnostican domestic affairs. EU, ASEAN, and other regional bodies issued communiques describing possible annexation of E. Agnostica by Reverentia as a threat to international peace and stability. 18 February 2013, five of largest pharmaceutical manufacturers announced suspending purchases until the issue is conclusively resolved.

Question 41

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President Nuvallus announced on 22 February 2013 that he and Bien signed an Intergration Agreement that would make E. Agnostica semi-autonomous province of Reverentia. Reverentian Army moved into region. Agreement accepted and ratified by Reverentian Parliament on 24 February and by APP next day. RMT was to enter into negoitations to guarantee marthite supply to traditional users.

Question 42

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Prime Minister Moritz denouced annexation but did not send troops

Question 43

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Answer 43

Request of Secretary-General of UN, Agnostica and Reverentia sent Foreign Ministers to New York on 10 May 2013. Reverentia expresssed willingness to submit dispute to ICJ but Agnostica insisted that it would agree only if Court were seized alsoof the inextricably related disputes over the Marthite Convention.

Question 44

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Answer 44

• Agnostica and Reverentia have both been members of UN since 1959
• Both ratified International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, aand the 1969 Vienna Convention on the Law of Treaties in 1983
• Both ratified the 1933 Montevideo Convention on the Rights and Duties of States in 1961
• Both ratified International Convention on the Elimination of All Forms of Racial Discrimination in 1990
• (Correction 1) Not parties to any other relevant treaty

Question 45

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Answer 45

Agnostica requests:

• Reverentia encouragement violated Agnostica’s territorial integrity, principle of non-intervention, and UN Charter generally
• Purported secession and annexation illegal and without effect
• Maarthite Convention ceased to be in effect as of 2 April 2012, and Agnostica did not breach
• Reverentia removal of software violated international law

Question 46

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Answer 46

Reverentia requests:

• Reverentia’s support for the referendum in E. Agnostica is consistent with international law
• E. Agnostica’s secession from Agnostica and intergration into Reverentia are consistent with international law and Court should not order retrocession of E. Agnostica to Agnostica against expressed will of its people
• Marthite Convention was in effect until 1 March 2013 and Agnostica breached that Convention
• Reverentia’s removal of the software in Marthite extraction facilities was consistent with international law