In the International Court of Justice

FEDERAL REPUBLIC OF EDRINES

Applicant

THE EMPIRE OF OCHA

Respondent

The Case Concerning the collision and fishing rights over Ogaria Sea

MEMORIAL FOR THE RESPONDENT

1
 TABLE OF CONTENTS

Table of Contents ............................................................................................................. 2

Index of Authorities ......................................................................................................... 3

Questions Presented ........................................................................................................ 4

Statement of Facts ........................................................................................................... 5

Summary Pleadings ........................................................................................................ 7

Prayer for Relief.............................................................................................................. 11

2
 INDEX OF AUTHORITIES

TREATIES AND CONVENTIONS

International Court of Justice (ICJ)

United Nations Convention on the Law of the Sea

3
 QUESTIONS PRESENTED

I. Whether or not the activities of Ochan vessels are considered illegal fishing.

II. Whether or not Edrines has jurisdiction to try the crew of the Ochan vessel.

4
 V. STATEMENT OF FACTS

1. Ocha is a highly-developed stated under the administration of an absolute monarchy,

which has a population of around 500 million, and is one of the fastest-growing free-

market economies in the world;

2. Edrines is a developing democratic state, south of Ocha, and across the Ograria Sea

with an approximate population of 100 million. It is an archipelago with five main

islands and hundreds of smaller islets. Edrines was previously ruled by a monarch, but

was abolished sometime in 1958;

3. The Ograria Sea is a vital and shared water resources which spans at about 3.8 million

kilometers which connects the Pananu and Isidro Oceans. Around twelve (12) stated

claimed rights over the said Sea but no agreements have been concluded with respect

to the sharing of the resources and the overlaps in claimed waters.

4. As to the existence of trade in the Ograria Sea, around 40% of Edrine’s export and over

80% of Ocha’s trade passes through the Ograria Sea. The earliest trade between the

two states dates back to as early as the 12th century, in such sense that Ochan fishing in

Scor Guyot was permitted by the Edrinean king at around the 1850s, with the advent

of modern fishing trawlers that could traverse longer distances. While Edrine’s

monarchy was abolished, the Edrinean government did not outright prohibit Ochan

fishing in Scor Guyot.

5. In July 2016, Edrines discovered that Scor Guyot – an underwater volcanic mountain

about 120 nautical miles from Edrines’ northern island of Lostrug and 400 nautical

miles from Ocha’s coastlines – has rich hydrocarbon deposits which had been

intensively studied by Edrines until the recent incident that occurred on May 2019.

5
6. On May 12, 2019, at about 10 o’clock in the evening, a commotion in the waters were

heard by an Edrinean fishing vessel F/V BRISTAN to which they saw that R/V

GEMLINA, an Edrinean marine research vessel, was a party to a collision against a

vessel to which they were not able to identify at that moment.

7. Through pursuit, F.R.S. BATAHN, an Edrinean littoral combat ship stationed in Scor

Guyot, was able to identify that the vessel that had crashed into the R/V GEMLINA

was F/B KIROMI, which was later identified as an Ochan fishing trawler.

8. Both parties conducted separate investigations into the incidents, reporting such

disparate accounts that they eventually agreed to permit Irenea, a neighboring

archipelagic state with its own Ograria claims, to conduct an independent investigation.

Irenea thereafter concluded that based on the evidence available, the that had collided

with R/V GEMLINA was indeed F/B KIROMI.

9. Edrines formally requested Ocha to turn over the crew of F/B KIROMI to gave charges

of poaching and reckless imprudence resulting in serious physical injuries and damage

to property but Ocha refused the request.

10. Thus, unable to settle the differences, the two States presents to this Honorable Court

the adjudication of the issues at bar.

6
 VI. SUMMARY OF PLEADINGS

A. F/B KIROMI, A FISHING VESSEL FROM OCHA, WAS ENGAGED IN THE

LAWFUL ACT OF FISHING IN THE OGRIAN SEA AS PROVIDED IN THE

UNCLOS.

1. It was erroneous for the government of Edrines to claim that F/B Kiromi was

engaged in illegal fishing activities when the latter was within the exclusive economic

zone of the former. It bears importance to take cognizance of the proximity of the

Ograria Sea, particulary the location of Scor Guyot, which is approximately 400

nautical miles from the shore of Ocha. This is beyond the exclusive economic zone

provided under the United Nations Convention on the Law of the Seas, UNCLOS for

brevity, which states that the exclusive economic zone shall not extend beyond 200

nautical miles from the baselines from which the breadth of the territorial sea is

measured.1

2. Based on the above-cited definition, Ograria Sea is not considered as an exclusive

economic zone of Ocha. However, the same is considered as High Seas in relation to

its territorial jurisdiction. High seas is defined as that part of the sea that are not

included in the exclusive economic zone, in the territorial sea or in the internal waters

of a State, or in the archipelagic waters of an archipelagic State.2 By establishing that

Ograria Sea is beyond the exclusive economic zone of Ocha, it is therefore the High

Seas.

3. Having recognized the fact that Ograria Sea is already considered as the High Seas,

F/B Kiromi, an Ocha fishing vessel, reserves it right to the freedom of fishing in the

said waters. This is anchored on the ground that the high seas are open to all States,

1
Article 57, United Nations Convention on the Law of the Seas (UNCLOS)
2
Article 86, Id.

7
 whether coastal or land-locked. And consequently, this includes the freedom of fishing3

which Edrine is ought to respect, notwithstanding, it is within its exclusive economic

zone. Furthermore, this right was reiterate under Article 116 of the UNCLOS which

expressly provides that, “All states have the right for their nationals to engage in

fishing on the high seas.”

4. Assuming arguendo that indeed F/B Kiromi was engaged in the act of fishing in the

Ogrian Sea, this does not violate any provisions or conditions of the UNCLOS since it

was the statutory right of the said vessel to engage in fishing activities on the waters.

B. OCHA HAS THE EXCLUSIVE JURISDICTION TO TRY THE CREW OF F/B

KIROMI

1. The assertion of Edrine that it has jurisdiction over the collision since it took place

within the exclusive economic zone of the same, and that the injured parties are from

Edrines, is without basis.

2. The letters of UNCLOS does not provide that an accident or incident that had

occurred within the exclusive economic zone of a state, the persons liable shall be

placed in trial within that state. In fact, UNCLOS provides the contrary of Edrine’s

contention. Otherwise stated, it is Ocha which has the exclusive jurisdiction to institute

the necessary judicial or administrative proceedings against the crew of F/B Kiromi. It

is the duty of each State to inquire into every marine casualty or incident of navigation

on the high seas involving a ship flying its flag and causing loss of life or serious injury

to nationals of another State or serious damage to ships or installations of another

State.4

3
Article 87, Id.
4
Article 94.7, Id.

8
 3. As a consequence of such inquiry, the UNCLOS provides that in the event of a

collision or any other incident of navigation concerning a ship on the high seas,

involving the penal or disciplinary responsibility of the master or of any other person

in the service of the ship, no penal or disciplinary proceedings may be instituted against

such person except before the judicial or administrative authorities either of the flag

State or of the State of which such person is a national.5

5
Article 97.1, Id.

9
 PRAYER FOR THE RELIEF

Applicant, the Empire of Ocha, respectfully requests ICJ to adjudge and declare that:

1. That the fishing activities of F/B Kiromi be held within the bounds of the law.

2. That Ocha be declared to have jurisdiction to try the crew of the Ochan vessel, as the flag of

the ship.

RESPECTFULLY SUBMITTED,

AGENTS FOR THE RESPONDENT

10