Question 1

Candoma and Rutamu are two neighboring coastal States along which the river Hope runs. Hope is densely populated by a rare fish that is of high commercial value.

From time immemorial, both States have fished this river without any problem. But, due to the narrowness of the river, the States developed a system whereby whenever one State was fishing, the other would wait a distance away until the first had left.

On one particular occasion, a vessel from Candoma was fishing when a vessel from Rutamu approached. The latter vessel refused to halt. Instead, it progressed until it got entangled at the mouth of the river Hope. Unaware, the captain of the Candoman shores, the Candoman revolutionary guard promptly arrested the vessel's captain for trial in Candoma.

Rutamu objected to this proposed trial and claimed, in objection to Candoma, that there was no breach of any 'waiting' custom between it and Candoma. Rutamu also claimed that it actually objected once to that 'stupid culture' by writing to Candoma.

Advise the parties

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