2017年 Stetson Int’l Environmental Law Moot Court Topics

Analysis : MUST ANSWER Questions

Seungmin P. Jung

Following are questions our team and I have identified as MUST-BE-ANSWERED during the initial preparation process for the submission of Memorandum. Questions legal in nature will be highlighted in the color green.

  • Background & Scientific Research
    • Marine Biodiversity around Greenland and Arctic Circle
    • Narwhals (Monodon monocerus) and Cetaceans
    • Ocean Fertilization Project
      • What methods exist?
      • Are there less risky methods?
      • What are phytoplankton blooms?
      • Effects of adding ferrous sulfate powder to the sun bed?
      • Carbon Sequestration
    • What is the relation between Climate Change and Ocean Fertilization?
      • Fish Production
      • Marine Bio-diversity
      • Narwhals and Cetaceans, fish in particular
    • Exclusive Economic Zone (EEZ)
    • Ocean Dumping
  • Issue #01: Whether International Court of Justice (ICJ) has jurisdiction over the dispute between Aeolia and Rinnuco regarding the ocean fertilization project conducted by Rinnuco.

[ Click here to see Summary of Facts ]

  • On International Court of Justice (ICJ) and Jurisdiction
    • What is a ‘legal dispute’ at the ICJ?
    • How is ICJ’s jurisdiction determined?
      • Ocean Fertilization Project
      • Article 27 of the CBD
      • Article 287 of the UNCLOS
    • What is ICJ ‘compulsory jurisdiction’?
    • What is a ‘preliminary objection’ at the ICJ?
    • Differentiate jurisdictional questions and merits of a case at the ICJ?
    • Case Analysis
      • Southern Bluefin Tuna Case between Australia and Japan and between New Zealand and Japan, Award on Jurisdiction and Admissibility (Decision of 4 August 2000)
      • Case concerning Fisheries Jurisdiction, Spain v. Canada (Judgement of 4 December 1998)
  • Vienna Convention on the Law of Treaties and Jurisdiction
    • What is the legal effect of being a ‘Party’ to a Treaty?
    • What is the legal effect of signing, but not ratifying a Treaty?
      • What is a dualist domestic legal system?
      • What is an instrument of ratification and its effect?
      • Deso the absence of domestic implementation of a legislation impact/affect a State’s treaty obligation?
    • When is a treaty ‘entered into force’?
    • When is treaty ‘binding’?
    • What is the effect of a State’s consistent objection on an issue?
    • What is a declaration and its effect?
    • What is a ‘notice of revocation of a written declaration’ pursuant to Article 287 of UNCLOS?
      • What is it’s effect?
    • Can a treaty obligation be binding upon a non-Member?
      • If so, when?
    • What is Customary International Law?
  • Issue #02: If so, whether Rinnuco was in violation of public international law regarding the ocean fertilization project. 

    • Precautionary Principle
    • Duty Not to Cause Trans-boundary Harm
    • 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention)
      • 1972 London Protocol
      • Resolution LC-LP.1 (2008)
      • Resolution LC-LP.2 (2010)
      • Resolution LC-LP.4
    • Convention on Biological Diversity (CBD)
    • United Nations Convention on the Law of the Sea (UNCLOS)
    • Convention on Migratory Species of Wild Animals (CMS)
    • United Nations General Assembly Resolution
      • UNGA Resolution 66/288
      • UNGA Resolution 62/215
      • UNGA Resolution 67/78

 

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img_1852Joining in 2010, Seungmin is a Founding Member of and Senior Partner at Yonsei ULS. Please be advised: the comment, writing, or column does not represent  the official position of YULS.

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