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  • Cogens Focus: Cogens (DO THE Research On What Jus Cogens Is)

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    The applicant argues that Risso violated international obligations under treaties such as UNCLOS and the CBD by conducting marine seismic surveys in Araguaia's exclusive economic zone without an environmental impact assessment or consultation. However, the respondent counters that Risso did not violate any international laws because the surveys were conducted within its own EEZ and the provisions of UNCLOS, Espoo Convention, and other agreements do not prohibit the exploration activities. The respondent also argues that customary international law on protecting the environment and the precautionary principle were not violated since Risso took mitigation measures and these principles have not achieved the status of customary international law.

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    The applicant argues that Risso violated international obligations under treaties such as UNCLOS and the CBD by conducting marine seismic surveys in Araguaia's exclusive economic zone without an environmental impact assessment or consultation. However, the respondent counters that Risso did not violate any international laws because the surveys were conducted within its own EEZ and the provisions of UNCLOS, Espoo Convention, and other agreements do not prohibit the exploration activities. The respondent also argues that customary international law on protecting the environment and the precautionary principle were not violated since Risso took mitigation measures and these principles have not achieved the status of customary international law.

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    16 views2 pages

    Cogens Focus: Cogens (DO THE Research On What Jus Cogens Is)

    Uploaded by

    fmquitco
    The applicant argues that Risso violated international obligations under treaties such as UNCLOS and the CBD by conducting marine seismic surveys in Araguaia's exclusive economic zone without an environmental impact assessment or consultation. However, the respondent counters that Risso did not violate any international laws because the surveys were conducted within its own EEZ and the provisions of UNCLOS, Espoo Convention, and other agreements do not prohibit the exploration activities. The respondent also argues that customary international law on protecting the environment and the precautionary principle were not violated since Risso took mitigation measures and these principles have not achieved the status of customary international law.

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    of 2

    Applicant

    Flow:
    A. Violations of international
    obligations under treaties and
    conventions
    General description of what
    treaties are violated
    1. The sovereign right of the
    states to explore and exploit
    their resources is not absolute
    under international law

    Respondent
    Flow:
    A. Risso did not violate any
    international law when it
    conducted its marine seismic
    surveys
    1. States are granted the
    sovereign right to explore
    and exploit their
    resources within their EEZ
    a. The marine seismic
    survey was conducted
    within Rissos EEZ

    2. The provisions of international


    conventions and treaties were
    violated by Risso
    a. UNCLOS greg ARGUE
    ART 206

    3. The provisions of
    international conventions and
    treaties were NOT violated by
    Risso CONTRADICT YOUR
    ARGUMENTS. FIND OTHER
    RELEVANT PROVISIONS THAT
    WOULD DEBUNK YOUR
    PREVIOUS ARGUMENTS SA
    APPLICANT SIDE
    a. UNCLOS greg FIND
    OTHER PROVISIONS
    THAT WOULD EXCUSE
    RISSO FROM YOUR
    APPLICANT
    ARGUMENTS.
    c. CBD frances FIND
    OTHER PROVISIONS OF
    UNCLOS THAT WOULD
    DEBUNK YOUR
    PREVIOUS
    ARGUMENTS . THE
    ONE U SUBMITTED
    FOR THE APPLICANT IS
    FINE NA. DEBUNK
    THOSE.
    e. CMS Geoff NOT jus
    cogens (DO THE
    RESEARCH ON WHAT
    JUS COGENS IS) FOCUS
    ON CMS NOT BEING
    BINDING TO RISSO AS
    IT IS NOT A PARTY TO
    CMS. ARAGUAIA
    CANNOT IMPOSE CMS
    OBLIGATIONS
    BECAUSE IT HAS NO
    LEGAL EFFECT ON
    RISSO
    3. The EIA requirement need not be
    complied with by Risso as its
    activities do not fall within any of
    the appendices of the Espoo
    Convention
    a. The seismic survey was not
    production/extraction, but
    mere exploration
    b. There is no need for
    consultation because activity is
    not covered by Espoo
    c. The use of airguns did not
    cause marine harm, instead,
    the whale watching and tourist

    b. CBD - frances

    d. CMS Geoff jus


    cogens

    4. EIA Requirement under


    international law
    a. Espoo Convention
    i. Appendix I
    violation
    ii. No notification/
    consultation
    iii. Assuming
    arguendo does
    not fall on
    Appendix I,
    attack Risso via
    Appendix III size
    of ship and use

    DEADLINE

    MONDAY AFTERNOON.
    IVE GIVEN THIS
    ASSIGNMENT LAST
    WEEK SO ILL ASSUME
    YOUVE BEEN
    WORKING ON THIS
    ONE NA.

    MONDAY AFTERNOON.
    PLEASE SUBSTANTIATE
    PREVIOUS
    ARGUMENTS
    SUBMITTED.

    of airguns

    b. Other conventions and


    treaties (UNCLOS, Rio)
    B. Violation of Customary
    International Law
    1. Duty to Protect
    environment and marine
    biodiversity
    - State Practice
    - Opinio Juris
    2. Precautionary Principle
    - State Practice
    - Opinio Juris

    vessels cause noise pollution


    and harmed the whales
    d. Risso employed mitigation
    measures
    No need to argue this.
    B. No Customary International Law
    is violated
    1. Risso is doing its duty to
    protect the marine
    environment by adopting
    mitigation measures
    2. The precautionary principle is not
    Customary International Law
    --what is customary international
    law
    - how can a principle be CIL?
    Prove through state practice and
    opinion juris.
    PLEASE.

    C. Risso cannot hide behind the


    mantle of the Doctrine of
    Necessity
    A. The Act of Risso does
    not pass the tests for
    doctrine of necessity
    -

    (a) the act was the only means


    of safeguarding an essential
    interest of the State against a
    grave and imminent peril and

    (b) that the act did not


    seriously impair an essential
    interest of the other State
    towards which the obligation
    existed

    Marc, Frances, Greg


    PLEASE TABANGAY MO
    ANI. You have the
    memorial sample so
    you have a basehanan.
    Please explore other
    sources. Look into the
    Souther Bluefin Tuna
    Case and apply the
    ruling on
    Precauitionary
    principle in this
    argument.

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