We will be using the scenario created for the 2008 Telders International Law Moot Court case -- Aerial Accident Case (Icara v. Mercuria). This case concerns a claim for damages suffered by nationals of the State of Icara following an aerial accident in the State of Mercuria. It involves public international law, including the law of treaties and questions regarding state responsibility and liability, public international air law, the application of European aviation rules and the binding force of international safety rules.
We will be using this case in the usual format used for international mock trials before the International Court of Justice in PLS 317 at Bradley. Only some of the information/rules from the Telders competition will be used.
Tasks And Organization
Counsel for the Icara
The job of the Counsel for Icara will be to build their case for the desired rulings from the ICJ, namely
a) Mercuria is responsible for all damage caused by the mid-air collision
in the airspace of the State of Mercuria on 23 December 2006;b) Mercuria compensates Icara for the value of the destroyed aircraft
(i.e. EUR 30m);c) Mercuria indemnifies and holds harmless Icarex Airlines in respect
of all claims made by
(i) third parties in connection with the accident, including claims by
CargoGalax Airways;
(ii) the legal successors of the deceased passengers and crew
aboard both aircraft, including present and future claims;d) Mercuria compensates Icara for any damage, expenditure, costs
(including legal costs and lawyer’s fees) or injury already incurred
and/or incurred in the future as a result of the accident.Layout out to the court what the existing applicable law and legal obligations and demonstrate how the desired declarations flow from these laws. You can strengthen your case by anticipating the counter-arguments from Mercuria.
The team will elect a chief counsel who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor.
Counsel for Mercuria
The job of the Counsel for Mercuria is to build their case for the desired rulings from the ICJ, namely that
a) to recognise that the state ofMercuria has not violated rules of
international law;b) to dismiss the claims made by Icara as being contrary to
international law;c) to determine that Mercuria is under no obligation to pay
compensation to Icara in relation to the claims arising from the
above aerial accident;d) to hold Icara responsible for the compensation of damages in
relation to the football stadium and private property on its territory.Layout out to the court what the existing applicable law and legal obligations and demonstrate how the desired rulings flow from these laws. You can strengthen your case by anticipating the counter-arguments from Icara.
The team will elect a chief Counsel for Mercuria who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor. The team must pay careful attention to the ICJ rules.
International Court of Justice
The judges of ICJ's Chamber must render a decision in this case. You need to respond to the requested declarations, but you may also issue additional orders and/or declarations in your judgment. Do not assume that the two parties to the case have identified all applicable or, or have interpreted in properly.
Read the general directions carefully. Your fist required act is to settle on hearing procedures which will be announced on April 27.
After considering the memorials the two groups, judges of the ICJ Chamber will conduct a hearing on May 2. Using ICJ rules as much as possible, the hearing should provide for each side to present its major points, respond to the other side, and answer questions from the court. You will get the best response to your questions if they are presented to the teams a few days prior to the formal hearing, this is especially true for topics not covered in the memorials .
After the formal hearing the judges of the ICJ must meet and arrive at a majority decision. This carefully substantiated decision (along with any dissenting opinions) will be presented in class on May 4. Plan on absolutely no more than 20 minutes for a presentation. The written decision, in both paper and electronic form, is due on May 5.
The court will elect a chief judge who shall preside over all meetings/hearings and ensure court members carry out their functions. Primary responsibility for guiding the court to the proper decision.
The chamber will organize itself always mindful of the ICJ rules. Some of the tasks the must be completed include: developing the rules for the hearing, researching the appropriate laws, communication with other parties, drafting opinions, and documents, chairing the hearing, questioning the participants during the hearing, etc. Work load will be equitably distributed among the group and the responsibilities communicated to the instructor.
The Situation
Case Generated Documents
Court Instructions to Counsel and Hearing Rules Court Questions
Icara Counter Memorial
Mercuria Counter Memorial
Return to PLS 317 Home Page
Larry Aspin aspin at bradley.edu
Dept of Political Science
Bradley University