******Needs Challenging question

Please help me immediately.

Please help me I need questions to applicant and respondent based on the case.

Please give me more than 10 questions which CHALLENGE the other side. from a legal standpoint****** it's about treaty law and change of circumstances

Sample question

Why did you feel the necessity to break down the agreement? (This would challenge its decision of backing off from the agreement, whether they were at right or not after the change of circumstances)

for example - YOUR ACTIONS ARE NOT IN ACCORDANCE WITH INTERNATIONAL LAW PROVISIONS ON COUNTER-MEASURES lIKE - Respondent- you YOURSELF violated Solaris convention so why do you talk about counter-measures?

Respondent- you YOURSELF violated Solaris convention so why do you talk about counter-measures?

Fact of the case--------

RANSFERRED TO THE INTERNATIONAL COURT

ALAVIYA AND RAHAD

DISCUSSION ABOUT THE SOFTWARE

Alavia ("Claimant") and Rahad ("Respondent") (hereinafter also "Parties");

Considering that there is a disagreement between them regarding software and other issues;

Recognizing that the Parties concerned were unable to resolve these differences through negotiations;

Desiring to determine the questions to be referred to the International Court of Justice;

Accordingly, we have entered into the following Special Agreement:

Article 1

Pursuant to Article 40 (1) of the Statute of the International Court of Justice of the United Nations, the Parties refer to it the issues set out in the Special Agreement (together with the subsequent Clarifications) ("Case").

Article 2

According to the agreement reached between the Parties, Alavia is the Claimant in the Case, and Rahad is the Respondent, but this agreement does not prejudge the distribution of the burden of proof.

Article 3

(a) The Parties request the Court to decide the Case on the basis of the rules and principles of general international law, as well as any applicable international treaties.

(b) The Parties also request the Court to determine the legal consequences of its ruling on matters of the Cause, including the rights and obligations of the Parties.

Article 4

(a) The parties acknowledge any judgment of the Court as final and binding on them and will execute it in good faith and in full.

(b) Immediately after the delivery of the Decision, the Parties will negotiate for its implementation.

In witness whereof, the authorized representatives of the Parties signed this Special Agreement and affixed it with the appropriate seals.

Done at The Hague, Kingdom of the Netherlands, this 15th day of February 2020, in duplicate in the Russian language.

Her Excellency His Excellency

Catherine Rutherford Syme Charrington

Ambassador Alavia Ambassador Rahad

in the Kingdom of the Netherlands in the Kingdom of the Netherlands

Software Removal Case

1. Parties to the case: the states of Alavia and Rahad, which have a common border.

2. Both states are members of the UN. Alavia is a party to the Vienna Convention on the Law of Treaties (VCPD). Rahad does not participate in the VCPD.

3. On the territory of Alavia lies a unique mineral - Solaris.

4. These are the only deposits of this mineral in the world. Solaris has always been used in traditional Rahad medicine, but was not widely known outside of Alavia and Rahad.

5. In 1938, Alavia and Rahad entered into a bilateral treaty - the Solaris Convention (extract attached). According to this convention, Alavia grants the right to Rahad to extract Solaris on the territory of Alavia. And Rahad undertakes to install software on the mining equipment and pay royalties to Alavia (10% of the total mined Solaris).

6. Until 2018, the parties implemented the Convention. Equipment on the territory of Western Alavia (autonomous region on the territory of Alavia) produced from 200 to 250 tons of Solaris per year. The Rahad Solaris Trust (PCT) sold the entire Solaris volume to traditional medicine consumers in Rahad and Western Alavia. There was no demand for Solaris outside of Rahad and Alavia, except for the purchase of the mineral for souvenir purposes and for the needs of the diasporas of ethnic Rahadians abroad.

7. In 2018, a research center in Luxembourg made a discovery, according to which Solaris has unique healing properties and is more than 90% effective in the treatment of autoimmune diseases of newborns.

8. The PCT sold 75% of the Solaris mined to pharmaceutical companies, at a price 10 times the price of the Solaris Convention.

9. As a result, Rahad begins to receive 500 times more profit from the sale of Solaris to international pharmaceutical companies than before 2018.

10. In February 2019, Alavia invites Rahad to terminate the Solaris Convention by mutual consent.

11. Prime Minister Alavia points to "a fundamental change in science" as the basis for terminating the Convention, and invites Rahad to compensate for the cost of the equipment and an additional amount for losses resulting from the termination of the sale of Solaris.

12. Rahad strongly objects and states that there is no legal basis for termination of the convention.

13. In April 2019, Alavia unilaterally terminates the Convention and begins mining Solaris on its own using the software installed by Rahad.

14. President Rahadah strongly objected to Alavia's actions and announced the removal of software from mining equipment "until Alavia starts to fulfill his obligations under the Solaris Convention."

15. In this regard, Alavia incurs colossal losses, the production of Solaris practically ceases, sales are suspended.

16. In May 2019, Izvestia Rakhada published an article, which says: "Alavia violated the agreement between us. In response, the state of Rahad has taken appropriate measures to ensure that Alavia will not be able to profit from this violation. Now we will only return the software if Alavia starts to respect.

The issue is about:

The 2015 competition gave us lots of opportunities: learning a lot about the 2015 topic (treaty interpretation and applicability in the face of changed circumstances, the propriety of counter-measures, and procedural and substantive issues raised by the secession of a province from one country and its annexation by another.

Solaris Convention

April 14, 1938

(excerpts)

Alavia and Rahad with a view to (a) strengthening friendly relations, (b) recognizing the great importance of the Solaris mineral for the traditional medicine of the Rahadians living on the territory of both sides; (d) desiring to ensure a reliable supply of Solaris to those for whom Solaris is of cultural value, and (e) at the same time, aware of the fact that Solaris does not have significant commercial value other than its use in traditional medicine, have agreed to:

Article 1

Rahad, at his own expense, carries out the construction of mines for the extraction of Solaris and equipment for these mines in the territory of Alavia, as well as provides technology and engineering personnel for the installation, equipment and management of equipment.

Article 2

Upon payment by Alavia to Rahad of a sum of 100 Swiss francs, the receipt of which is confirmed by this Convention, the equipment referred to in Article 1 of this Convention shall become the property of Alavia.

Article 3

Rahad Solaris Trust (PCT) - a corporation owned by Rahad and established by the government on March 1, 1938, pays Alavia an annual royalty of 10% of the maximum sale price set in accordance with Article 4 of this Convention for all Solaris mined, after which PCT becomes the sole owner of the said mined Solaris.

Article 4

(a) Except as provided for in Article 4 (d), Rahad undertakes to sell Solaris exclusively to traditional medicine practitioners in Rahad and Alavia.

(b) The price at which the PCT is entitled to sell Solaris shall be between $ 10,000 and $ 12,000 per tonne, except as provided in Article 4 (c).

(c) The price quoted in (b) is subject to change due to inflation and other market factors.

(d) The PCT may not sell mined Solaris outside of Rahad and Alavia during a calendar year until Solaris supplies in that calendar year exceed the demand of conventional medicine consumers by 25% or more.