Nimbia, Rogia and Ingia are three countries surrounding the Tridian Sea. For centuries Nimbians have been the only fisherman on the Tridian sea, including in the Rogian and Ingian exclusive economic zones and territorial waters. In exchange for this privilege, Nimbia would tolerate Rogian and Ingian drilling investments on its continental shelf. The three countries have held multiple 'Tridian sea' summits. Each of the last 14 summits over the last 150 years ended with a declaration in which the countries stated that the current way of sharing Tridian sea resources is a model for regional cooperation and that they are dedicated to upholding this way of using the Tridian Sea's resources.

In 2020 the political situation started to change. Newly-elected Ingian president, Ronald Donald, issued an instruction to the Ingian coast-guard in which he ordered the guard to perform covert operations aimed at sinking Nimbian boats fishing within the Ingian EEZ.

During one of such operations, the boat 'Fish 1', which was fishing on Ingian territorial waters, was attacked by an Ingian destroyer.

A)The president of Nimbia wishes to know how you assess the current legal situation and the possible claims the country could raise against Ingia

In reaction to the crisis, a Tridian summit was called. The presidents of Nimbia, Rogia and Ingia signed a 'Memorandum of Understanding'. The document stated:

1. The Parties agree to immediately start equally sharing the fishing resources of Tridian sea.

2. Mining and drilling platforms placed by Rogia and Ingia on the Nimbian continental shelf remain under these countries' ownership.

3. A yearly compensation for the usage of the Nimbian shelf is to be paid by Rogia and Ingia. The sum of the compensation equals 10% of the facilities' yearly turnover.

4. The High Contracting Parties recognize the jurisdiction of the International Court of Justice as compulsory so long as the present Treaty is in force, in all disputes of a juridical nature that arise among them concerning the interpretation of a treaty or any other international dispute.

Two years since the Memorandum have passed, yet Nimbia hasn't received any payments for the usage of its continental shelf. After several inquiries, Rogia declared that no payments are going to be made because the Memorandum of Understanding is not binding.

Rogia and Ingia are parties to the Vienna Convention on the Law of Treaties, Nimbia is not.

None of the parties have submitted a declaration regarding the acceptance of compulsory ICJ jurisdiction.

B) Nimbia's Minister for Foreign Affairs asks you for advice regarding legal ways of executing the payments promised by the Memorandum of Understanding.

At the same time the drilling platform 'Perillia', belonging to Rogia, starts facing severe technical problems. Nimbian scientists determine that if no immediate action is immediately taken, the platform is going to collapse and cause a massive pollution of Nimbian waters. In reaction, the Nimbian army seizes the platform and evacuates Rogian staff. During the operation several shots are exchanged and some Rogians are killed.

C) Rogia wishes to claim compensation for the loss of profit caused by Nimbian operation and for killing of its staff. Advise Rogia.

The President of Rogia is in close relation with the CEO of a private security agency protecting Ingian platforms. After the seizure of Rogian platform he calls the CEO and asks if his agency could 'Teach these Nimbians a lesson'. In response the agency attacks a Nimbian army ship and sinks it.

D) Advise Nimbia on possible legal actions

Based on the lack of payments, Nimbia's Minister for Foreign Affairs has sent a note to Rogia and Ingia informing the countries about the termination of the Memorandum of Understanding. At the same time, she wishes to obtain ICJ's opinion on her country's fishing rights in the Tridian sea.

E) Advise the Minister regarding the possibilities of obtaining a judgement regarding Nimbia's fishing rights in the Tridian sea.

The international conflict irritates Ingia's powerful president, Macros. He orders his army to perform cyber-attacks on Nimbian and Rogian governmental agencies computer systems in order to distort their administrations. One of these attacks results in distortions in operations of a public hospital in Rogia. Because of this one of the patient - Roger - is severely injured. He wishes to be compensated for the injury by Ingia.

D) Advise Roger