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INSTRUCTIONS FOR CLIMATE JUSTICE ICJ MOOT COURT

1. 4 persons will serve as members of the International Court of Justice, with one serving as
President of the court - Brazil and Japan
2. There will be 4 teams (8 members) representing agents of 4 applicants Philippines,
Maldives, Kenya and Bolivia.
3. There will be 4 teams (10 members) representing agents of 4 respondents United
States, European Union, Saudi Arabia, and China.
4. See attached Special Agreement and Compromis. The sources of law are stipulated in the
Compromis.
5. Each team will be given 10-12 minutes to present their arguments. Ideally, only one agent
should take the podium to argue for their principals.
6. Draft memorial is due to your beadle at 9:00AM on May 11, the day of the moot court.
They shall be immediately forwarded by the beadle to each other and to all members of
their class. Hard copies of the memorials shall be passed on May 22. 2017.
7. All Justices and oralists shall wear black robes.
8. The order of presenting arguments are as follows:
a. Philippines
b. Maldives
c. Bolivia
d. Kenya
e. United States
f. European Union
g. China
h. Saudi Arabia

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INTERNATIONAL COURT OF JUSTICE

SPECIAL AGREEMENT

BETWEEN THE REPUBLIC OF THE PHILIPPINES (APPLICANT), REPUBLIC OF


MALDIVES (APPLICANT), BOLIVIA (APPLICANT)), KENYA (Applicant), UNITED
STATES OF AMERICA (RESPONDENT), EUROPEAN UNION (RESPONDENT),
PEOPLES REPUBLIC OF CHINA (RESPONDENT), and SAUDI ARABIA
(RESPONDENT)
TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE
THE DIFFERENCES BETWEEN THE STATES
CONCERNING LIABILITY FOR THE IMPACTS OF CLIMATE CHANGE

jointly notified to the Court on 20 February 2025

JOINT NOTIFICATION
ADDRESSED TO THE REGISTRAR OF THE COURT:

The Hague, 20 February 2030

On behalf of the APPLICANTS AND RESPONDENTS in accordance with article 40(1) of the
statute of the international court of justice, we have the honour to transmit to you an original of
the special agreement for submission to the International Court of Justice of the differences
between the APPLICANTS and RESPONDENTS concerning liability for the impacts of climate
change, signed in The Hague, Netherlands on the fifth day of January in the year two thousand
and twenty thirty

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SPECIAL AGREEMENT

SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY


REPUBLIC OF THE PHILIPPINES (APPLICANT), REPUBLIC OF MALDIVES
(APPLICANT), BOLIVIA (APPLICANT), KENYA (Applicant), UNITED STATES
OF AMERICA (RESPONDENT), EUROPEAN UNION (RESPONDENT),
PEOPLES REPUBLIC OF CHINA (RESPONDENT), SAUDI ARABIA
(RESPONDENT)

TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE


THE DIFFERENCES BETWEEN THE STATES
CONCERNING LIABILITY FOR THE IMPACTS OF CLIMATE CHANGE

The Applicants and Respondents (hereinafter referred to as "the Parties"),

Considering that differences have arisen between them concerning liability for the impacts of
climate change;

Recognising 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 Special Agreement:

Article 1
The Parties submit the questions contained in the Special Agreement (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 this agreement to submit the dispute to the ICJ 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, in particular:

i. The Rio Declaration on Environment and Development;


ii. The United Nations Framework Convention on Climate Change;
iii. The Kyoto Protocol on Climate Change;
iv. The Bali Action Plan;
v. The Copenhagen Accord;
vi. The Durban Enhanced Platform on Climate Change;

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vii. The Paris Agreement

(b) The Parties stipulate that the scientific findings of the Intergovernmental Panel on
Climate Change shall be accepted as conclusive evidence of the state of the science of
climate change.

(c) 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 generally
accepted principles and best practices of appellate procedure;

(b) The Parties request the Court to order that the written proceedings should consist of
Memorials presented by each of the parties.

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 authorised, have signed the present Special
Agreement and have affixed thereto their respective seals of office.

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**Compromis**

THE CASE CONCERNING LIABILITY FOR


THE IMPACTS OF CLIMATE CHANGE

1. Climate change is the most serious environmental problem the world faces. All countries
will be affected with island and coastal states being the most affected.

2. The Republic of Maldives, located in the Indian Ocean off the Indian subcontinent, will
be one of the most affected states. It is likely that two thirds of its territory will come under water
as a result of the increase of sea level rise, one of the impacts of climate change. The Maldives is
now buying land in India where it plans to relocate many of its citizens.

3. The Republic of the Philippines, an archipelagic state in Southeast Asia, is also


projected to be seriously affected by climate change. From 2009-2025 it experienced many
typhoons/rainfall events that resulted in billions of dollars of damage in infrastructure and
property, together with thousands of casualties. Its agriculture is also expected to be severely
affected.

4. The Plurinational State of Bolivia is a landlocked country in central South America that
is particularly vulnerable to the impacts of climate change, with the following identified impacts:
food security, glacial retreat affecting water availability, more frequent and more intense natural
disasters, increase in mosquito-borne diseases, and more forest fires.

5. Kenya is located in East Africa and its biodiversity and agriculture sector will be severely
affected by climate change because of droughts and extreme heat as well as exacerbated
desertification attributable to climate change.

6. The United States of America, is located in North America, until recently, it was the
world's largest emitter of greenhouse gas emissions. Historically and per capita, it remains the
biggest contributor to GHG accumulation in the atmosphere.

7. The European Union is a regional economic organization of states in the continent of


Europe. It is a party to all climate agreements.

8. China, located in East Asia, has overtaken the United States in annual greenhouse
emissions but its per capita emissions, although growing, are not as high as the US. It will also
be affected by climate change.

9. Saudi Arabia is a country in the Middle East that produce petroleum as their main
economic product. It is not a major emitter but sells products that emit greenhouse gasses.

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10. Maldives asks the Court to adjudge and declare that:

a) The United States, Saudi Arabia, and China, are liable for the impacts of climate
change on Maldives, particularly the loss of lives and damage to property;

b) The United States, China, and Saudi Arabia should pay Maldives compensatory
damages in the amount equivalent to what is needed to ensure that its citizens can be
safely relocated and given the resources to survive and thrive;

c) The United States should be ordered to allow citizens of Maldives to immigrate to


their respective countries as a matter of right arising from liability, waiving all legal
requirements imposed on other citizens.

11. The Philippines asks the Court to adjudge and declare that:

a) The United States and European Union are liable for the impacts of climate
change on the Philippines, particularly the loss of lives and damage to property;, ;

b) The United States and European Union should pay the Philippines
compensatory damages in the amount of the live lost and damage caused by the
weather events and the flooding it has been experiencing; and,

c) The United States and European Union should be ordered to transfer


technology to the Philippines on a concessional basis so that the Philippines can adapt
to as well as mitigate climate change.

12. Bolivia and Kenya asks the Court to adjudge and declare that:

a) The United States and European Union are liable for the impacts of climate
change on Bolivia and Kenya, particularly the loss of lives and damage to
property;

b) The United States and European Union should pay Bolivia compensatory
damages in the amount of the damage caused by the weather events both
storms and droughts - both countries has been experiencing,

c) The United States and European Union should be ordered to provide funds to
Bolivia and Kenya so they can adapt to as well as mitigate climate change.

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13. The United States denies liability for the impacts of climate change on the Maldives,
the Philippines, Kenya, and Bolivia, and asks the Court to dismiss their respective applications.
It also alleges that responsibility for climate change is universal and that big developing
countries like China and India share in that responsibility.

14. The European Union denies liability for the impacts of climate change on the
Philippines, Kenya, and Bolivia and asks the Court to dismiss their respective applications. It
also alleges that it has done enough to respond to climate change and it is not their fault that the
international community has not come up with a more aggressive response.

15. China denies liability for the impacts of climate change on the Maldives and the
Philippines, and asks the Court to dismiss their applications as respect to China. China also asks
the Court to declare that it cannot be held liable for future impacts of climate change because its
historical emissions remain insignificant and for equity given its low per capita emissions.

16. Saudi Arabia denies liability for the impacts of climate change on the Maldives and asks
the Court to dismiss its applications as respect to Saudi Arabia.

17. The Parties agree to subject the following issues for oral arguments and resolution by the
court:

a) States are liable for environmental damage in other states where activities in the
former states are directly responsible for the damages in the latter. In this case, can it
be concluded that activities in the respondents resulted in the damage in the
applicants?

b) Is the science of climate change adequate enough to justify that respondents


activities are the proximate cause of the climate change impacts being experienced
by the applicants?

c) Does the UNFCCC, Kyoto Protocol, Paris Agreement and other international
instruments such as the Stockholm and Rio Declarations create liability for
contributions by countries to GHG emissions in the atmosphere?

d) Is the responsibility of the Respondents specific and particular to them (in contrast
to a general obligation to affected countries), thus giving the Applicants the right to
ask the remedies they are requesting?

e) Are the remedies requested by the Applicants appropriate? Can they be enforced
against the Respondents?

f) In the case of China, can it ask for a future exemption of liability on the grounds of
historical responsibility and equity (as evidenced by its low per capita emissions)?

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