2016 Jessup Compromis Final Word Version

INTERNATIONAL COURT OF JUSTICE

SPECIAL AGREEMENT

BETWEEN THE STATE OF AMESTONIA (APPLICANT)

AND THE FEDERAL REPUBLIC OF RIESLAND (RESPONDENT) TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE

THE DIFFERENCES BETWEEN THE TWO STATES

CONCERNING THE FROST FILES

jointly notified to the Court on 1 September 2015

COUR INTERNATIONALE DE JUSTICE

COMPROMIS

ENTRE L’ÉTAT D’AMESTONIA (DEMANDERESSE)

ET LA REìPUBLIQUE FEìDEìRALE DE RIESLAND (DÉFENDEUR)

SOUMIS À

À LA COUR INTERNATIONALE DE JUSTICE

LES DIFFÉRENCES QUI OPPOSENT LES DEUX ÉTATS

AU SUJET DES DOSSIERS DE FROST

notifié conjointement à la Cour le 1 septembre 2015

JOINT NOTIFICATION

ADDRESSED TO THE REGISTRAR OF THE COURT:

The Hague, 1 September 2015

On behalf of the State of Amestonia and the Federal Republic of Riesland, in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Special Agreement for submission to the International Court of Justice of the differences between the Applicant and the Respondent concerning the Frost files, signed in The Hague, The Netherlands, on the first day of September in the year two thousand fifteen.

Mata Rosenberg, Klaus Hall,

Ambassador of the State of Amestonia Ambassador of the Federal Republic of Riesland to the Kingdom of The Netherlands to the Kingdom of The Netherlands

SPECIAL AGREEMENT

SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY

THE STATE OF AMESTONIA AND THE FEDERAL REPUBLIC OF RIESLAND

ON THE DIFFERENCES BETWEEN THEM CONCERNING

THE FROST FILES

The State of Amestonia and the Federal Republic of Riesland (hereinafter referred to as “Amestonia” and “Riesland” respectively and “the Parties” collectively),

Considering that differences have arisen between them concerning the legality of certain alleged acts of espionage, and other matters;

Recognizing that the Parties have been unable to settle these differences by means of negotiation; and

Desiring further to define the issues to be submitted to the International Court of Justice (hereinafter referred to as “the Court”) to resolve this dispute;

In furtherance thereof the Parties have concluded this Special Agreement:

Article 1

The Parties submit the questions contained in this Special Agreement (together with Clarifications to follow) (“the Case”) to the Court pursuant to Article 40(1) of the Statute of the Court.

Article 2

(a)

(b)

(a)

(b)

Article 3 The rules and principles of international law applicable to the dispute, on the basis of which the Court is requested to decide the Case, are those referred to in Article 38, paragraph 1 of the Statute of the Court. 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. It is agreed by the Parties that Amestonia shall act as Applicant and Riesland as Respondent, but such agreement is without prejudice to any question of the burden of proof. The Parties agree that any reference in this Special Agreement to documents obtained and disclosed without the consent of Respondent is without prejudice to Respondent s objection to the admissibility of these documents as evidence before the Court.

(a)

(b)

(a)

(b) Article 4 All questions of rules and procedure shall be regulated in accordance with the provisions of the Official Rules of the 2016 Philip C. Jessup International Law Moot Court Competition. The Parties request the Court to order that the written proceedings should consist of Memorials presented by each of the Parties not later than the date set forth in the Official Schedule of the 2016 Philip C. Jessup International Law Moot Court Competition. Article 5 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. 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 authorized, have signed the present Special Agreement and have affixed thereto their respective seals of office.

Done in The Hague, The Netherlands, this first day of September in the year two thousand fifteen, in triplicate in the English language.

Mata Rosenberg, Klaus Hall,

Ambassador of the State of Amestonia Ambassador of the Federal Republic of Riesland to the Kingdom of The Netherlands to the Kingdom of The Netherlands

**SPECIAL AGREEMENT**

THE CASE CONCERNING THE FROST FILES

AMESTONIA / RIESLAND

1. Riesland is a developed democratic state with a population of approximately 100 million,

which boasts one of the fastest growing free-market economies in the world. Many of Riesland s top corporations are listed on the New York, London, and Shanghai stock exchanges. Its rapidly-expanding information technology and communications sector is world-renowned.

2. Amestonia is a developing country bordering Riesland to the south, with a population of

approximately 20 million. Amestonia is a predominantly agrarian export economy. Agriculture employs 55% of Amestonia s workforce.

3. The Rieslandic Secret Surveillance Bureau (“the Bureau”) engages, inter alia, in covert

operations and collects intelligence outside of Riesland pursuant to the provisions of the Secret Surveillance Bureau Act 1967 (“SSBA”), as amended.

4. Section 21 of the SSBA, entitled “Electronic Surveillance,” grants the Director of the

Bureau (“the Director”) the power to authorize “electronic surveillance,” without a court order, to acquire “foreign intelligence.” The SSBA defines “electronic surveillance” as “the installation of an electronic, mechanical, or other surveillance device outside Riesland s territory, and/or the acquisition by such a device of the content of or other technical information concerning a wire or radio communication.” The statute defines

“foreign intelligence” as “any information located or emanating from outside Riesland s territory, which is relevant to the ability of Riesland to protect itself against any actual or potential threat to its national security or the ability of Riesland to conduct its foreign affairs.”

5. Section 32 of the SSBA, “Minimization Procedures and Structural Safeguards,” sets forth

five limitations on the Bureau s surveillance activity. First, electronic surveillance may not be authorized by the Director whenever there is a “substantial likelihood” that information acquired thereby will include “any communication to which a national of Riesland is a party.” Second, it establishes a five-judge National Security Tribunal (“the Tribunal”), which must review all electronic surveillance conducted under the SSBA every six months. Proceedings before the Tribunal are closed to the public, but the Tribunal is authorized to call on technical experts, academics, and NGOs to participate as amici curiae. Third, a Parliamentary Committee for Surveillance Oversight is created, with access to all information relating to the Bureau s operations, and the capacity to launch independent investigations and to summon the Bureau s Director and other personnel to appear before it. Fourth, the statute provides that surveillance of “foreign public officials” may be authorized only when the Director, with the concurrence of the Minister of Foreign Affairs, considers it “necessary.” Fifth, the Bureau must comply with any regulations issued by the Attorney General concerning legal aspects of any surveillance program.

6. Relations between Riesland and Amestonia, which share a common language and have

similar ethnic composition, have been largely positive. On 11 December 1970, Riesland s Prime Minister visited Amestonia to mark the centenary of the completion of the first

railway line between the two countries. During that visit, the Prime Minister and his Amestonian counterpart signed a number of bilateral agreements, concerning tourism, trade, extradition, intelligence-sharing, and other fields of cooperation. Since then, the two nations have enjoyed healthy cross-border economic, cultural and security ties, including the establishment of a free-trade area in agricultural and agricultural-related goods in 1992. By 1998, Riesland had become the top importer of Amestonian agricultural produce, totaling approximately

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