1. law, govt and politics
2. legal issues
3. international law

Tennessee YMCA
Model United Nations
Delegate Manual
Tennessee YMCA Model United Nations
TABLE OF CONTENTS
Administration Page……………………………………………………………………..3
General Conference Information………………………………………………….4
Component Explanations…………………………………………………………..5-7
Sample Agenda…………………………………………………..……………………8-10
Deadlines………………………………………………………………………………..11-12
Election Guidelines…………………………………………………………………13-20
Award Distribution and Criteria…………………………………………………..21
Technology Policies………………………………………………………………………22
Financial Assistance Form……………………………………………………………23
Delegate Code of Conduct……………………………………………………24-25
General Assembly
General Assembly Research Requirements……………………….26
Position Paper Topics………………………………………….………………27
Position Paper Guidelines…………………………………………………..28
General Assembly Resolutions……………………………………..29-30
Writing Your Resolution………………………………………………………31
Preambulatory & Operative Clause Suggestions……………….32
Tips for an Effective Resolution…………………………………….33-34
Format for Debate……………………………………..……………………….35
Debate Script…………………………………………………………………36-37
Table of Motions………………………………………….....................38
Intent Speaker Procedure………………………………..………………..39
Rules of Procedure………………………………………………………..40-43
Security Council
Security Council Overview…………………………………………………44
Background & Functions of the Security Council………………45
International Court of Justice
ICJ: A Layman’s Explanation………………..……………………………46
A Guide to the International Court of Justice……..47-50
Format for Memorial and Counter Memorials………………50-57
Samples……………………………………………………………………………...58-101
2
TENNESSEE YMCA
CENTER FOR CIVIC ENGAGEMENT
ADMINISTRATION
Executive Director
Susan A. Moriarty
Associate Director
Elise Addington Dugger
Director of West Tennessee District
Kelley Clack
CONTACTING US
Susan Moriarty
Office: 615-256-9622, ext. 72316
Cell: 615-482-1857
[email protected]
Elise Addington Dugger
Office: 615-256-9622, ext. 72326
Cell: 901-674-1185
[email protected]
Kelley Clack
Cell: 901-359-3547
[email protected]
Web Address
www.tennesseecce.org
State Office Address
YMCA Youth Development Center
1000 Church Street
Nashville, TN 37203
Fax: 615-2
3
General Information on
Model United Nations
Conference Dates:
A
B
November 14-16, 2014
November 21-23, 2014
OVERVIEW
Each fall, the YMCA of Middle Tennessee sponsors a Model United Nations
conference. At the conference, Tennessee high school students learn about
the real world operation of the United Nations by participating in a
reenactment of the UN’s activities.
Most students form delegations and represent member countries interests in
the General Assembly by drafting and debating resolutions. These
resolutions cover a wide variety of topics of international concern. Other
students have the opportunity to research and lobby issues in the
Secretariat, represent their countries on the Security Council, participate in a
model International Court of Justice or work in the Department of Public
Information (formally known as the Press Corps).
LOCATION
Embassy Suites
Murfreesboro, TN
ELIGIBILITY
Students Grades 9-12
Registered Member of a local school Civic Engagement Club
COMPONENT OPTIONS
Students attending the conference may elect to participate in a variety of
capacities. Each component has different responsibilities before and during
the conference as well as specific registration requirements/restrictions for
students and schools. General descriptions of each component are listed
below.
1. Member Country
2. Secretariat
3. Security Council
4. International Court of Justice
5. Department of Public information
4
COMPONENT EXPLANATIONS
United Nations Member Country
(General Assembly Participant)
The majority of the Model United Nations participants will attend as a United
Nations Member Country. Each country must be represented by 3 delegates,
Security Council countries included. (NOTE: Students representing a Security
Council Country as a Member Country will have no responsibilities with the Security
Council at the conference. These delegations follow the same guidelines as a
regular Member Country.) Students in this component will research their countries
and write a resolution on any topic they deem important to their country. All
resolutions will be heard during committees on the first night. Those ranking out of
committee will either be heard in one of two General Assemblies on Saturday or the
Plenary Session on Sunday morning. All Member Countries must also complete
Position Papers in order to attend and participate in Caucuses during the
conference.
*YOUR SCHOOL WILL BE RESPONSIBLE FOR COVERING ALL OF THE
COUNTRIES YOU ARE ASSIGNED—EVEN IF THE STUDENTS REPRESENTING
THOSE COUNTRIES DROP. DROPPED DELEGATES WILL NO LONGER BE
SUFFICIENT REASON TO DROP COUNTRIES. SCHOOLS WILL BE EXPECTED
TO SHIFT STUDENTS FROM OTHER COUNTRIES TO ANY COUNTRIES LEFT
EMPTY DUE TO DROPS. DEMAND FOR COUNTRIES IS SO HIGH THAT IT IS
SIMPLY NOT FAIR TO CLAIM COUNTRIES DESIRED BY OTHER DELEGATES
AND THEN DROP THEM, LEAVING THEM UNREPRESENTED AT THE
CONFERENCE.*
Secretariat
Between six and eight students will have the opportunity to serve as Secretaries in
the Model United Nations Secretariat. Each Secretary will work under the direction
of the Secretary General and will be responsible for understanding the issues
affecting his or her Secretariat Department; he or she will be relied upon as an
expert delegate and lobbyist on a particular category of international issues. Each
Secretariat position will be unique (similar to YIG’s Governor’s Cabinet) and each
Secretary will hold one of the following positions:
•
•
•
•
•
•
•
•
•
Special Representative of the Secretary-General for Children and Armed
Conflict
High Representative for Disarmament Affairs
Under-Secretary-General for Economic and Social Affairs
United Nations High Commissioner for Human Rights
Under-Secretary-General for Humanitarian Affairs and Emergency Relief
Coordinator
Assistant Secretary-General for Peacebuilding Support
Under-Secretary-General for Peacekeeping Operations
Under-Secretary-General for Political Affairs
Special Adviser to the Secretary-General on the Prevention of Genocide
•
•
•
•
•
•
•
United Nations High Commissioner for Refugees
Under-Secretary-General for Safety and Security
Special Representative on Sexual Violence in Conflict
Secretary-General of the UN Conference on Trade and Development
Under-Secretary-General and Executive Director of the
Executive Director of the UN Entity for Gender Equality & the Empowerment
of Women
Executive Director of the UN Office on Drugs and Crime
Good Secretaries will understand that their positions will be highly
research-intensive, and, therefore, a lot of work. They will function as
researchers, lobbyists, advisers to the Secretary General and other
component Presidents, situation experts, and, possibly, as intent
speakers. Members of the Secretariat MUST HAVE ATTENDED ONE HIGH
SCHOOL MODEL UNITED NATIONS CONFERENCE PRIOR TO THIS ONE.
It is also important that you stress to any interested students that Secretariat
delegates will meet in the Secretariat for the entire conference. Completion of the
application does not guarantee acceptance to the Secretariat.
The Secretary General, the officer over the Secretariat, is the highest office at
MUN. Delegates wishing to run for Secretary General at this year’s conference are
encouraged to serve as Secretaries.
Each school will be limited to two (2) Secretariat positions unless otherwise decided
by the conference administration.
Security Council
Fifteen students will have the honor and responsibility to represent one of the 2012
Security Council Countries in the United Nations. Each delegate will be required to
submit research in the form of two page position papers on each of four assigned
topics, plus one two page position paper on a unique topic. This unique topic,
which will be sent out upon acceptance into the SC, will be an international security
issue, which is very relevant to the delegate’s real-world country. The Security
Council will set a docket containing topics for discussion, taken from both the
President’s agenda and the topics highlighted by each delegate, and respond to
international security crises. The Security does not prepare resolutions before the
conference; instead, resolutions on various topics will be drafted at conference,
during and following debate on topics from the Council’s docket.
Students applying for Security Council should be familiar with the tone and content
of real-world Security Council resolutions. Security Council delegates MUST HAVE
ATTENDED ONE HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE PRIOR TO
THIS ONE. It is also important that you stress to any interested students that
Security Council delegates will meet in the Security Council for the entire
conference. In addition, please note that completion of the application does not
guarantee acceptance to the Security Council.
Each school will be limited to two (2) Security Council positions unless otherwise
decided by the conference administration.
International Court of Justice
Participants in the International Court of Justice will register as lawyer teams. Each
team will consist of two (2) students. If one member of a lawyer team drops,
his/her partner MUST find a replacement OR choose a different component. Single
person teams are NOT ALLOWED.
Lawyer teams will prepare to argue both sides of a real case heard in the
International Court of Justice. Upon registering the lawyer teams will receive
information about the case and instructions on preparing memorials and countermemorials.
At the conference, lawyer teams will compete in a round-robin style and argue
cases in front of the student justices. The top teams in the novice and advanced
divisions will be given a new case on Saturday night and will compete in the final
round on Sunday.
Like the Security Council, it is important to stress to your lawyer teams they will
meet in the International Court of Justice for the entire conference.
Department of Public Information
The final component option is the Department of Public Information. Students may
apply to be in the Print Division or Video Division. The Print Division is responsible
for all written publications while the Video Division works on nightly newscasts and
the conference slide show.
There may be no more than two (2) DPI members per school. Completion of the
application does not guarantee acceptance to the DPI. All DPI members MUST
respond to any requests from conference administration for writing and/or
video/picture samples. Emails will be sent to DPI delegates once they’ve
been accepted.
DPI members will be expected to complete a press related assignment to be
submitted prior to the conference. This will be emailed to delegates upon
acceptance.
Tennessee YMCA MODEL UNITED NATIONS
A Tennessee YMCA Center for Civic Engagement Program
Embassy Suites Murfreesboro
SAMPLE CONFERENCE AGENDA
Friday
8:30 AM
Officer Meeting
Mirabella F
9:30 – 11:30 AM
Registration
Luggage Storage
Pre-Function Lobby
Mirabella D
Broadlands B
12:30PM – 1:30PM
Opening Session
Mirabella F
1:30 PM – 2:00PM
General Assembly Orientation
Mirabella F
1:30 PM– 4:30 PM
Advisor Hospitality
Department of Public Information
International Court of Justice
Justice Deliberation Room
Security Council
Secretariat
Y in the World Studio
PDR A
Broadlands A
Cambridge A
Wynthrope Boardroom
Cambridge B
Churchill Boardroom
2:00 PM– 4:30 PM
General Assembly Committees
1
2
3
4
5
6
7
8
Committee
Social, Humanitarian and Cultural
Social, Humanitarian and Cultural
Social, Humanitarian and Cultural
Disarmament and International Security
Economic and Financial
Special Political and Decolonization
SocHum and Ad Hoc
Ad hoc
Location
Mirabella F
Mirabella G
Mirabella H
Mirabella I
Mirabella J
Oakleigh A
Oakleigh B
Oakleigh C
4:30 PM – 6:30 PM
Dinner Break
5:00 PM – 6:00 PM
Advisor Dinner
Atrium
6:30 PM – 7:00 PM
Delegation Meetings
Locations in Book
7:00 PM – 7:30 PM
Hotel Check-in
7:30 PM – 10:30 PM
All Sessions Reconvene
11:00 PM
Same as above
All delegates in their rooms
*Pizza will be delivered to your room…if you ordered it*
8
Saturday
8:30 AM
Officer Meeting
Mirabella E
9:00 AM -Noon
All Sessions Reconvene
Advisor Hospitality
Blue General Assembly
White General Assembly
Department of Public Information
International Court of Justice
Justice Deliberation Room
Security Council
Secretariat
World Cup
Y in the World Studio
PDR A
Mirabella F
Mirabella HIJ
Broadlands A
Cambridge A
Wynthrope Boardroom
Cambridge B
Churchill Boardroom
Mirabella G
Broadlands B
9:30 AM – 11:30 AM
Voting Polls Open – Group A
Pre-Function Lobby
11:30 AM
Advisor Meeting
Mirabella G
Noon – 2:00 PM
Lunch Break (EVERYONE)
2:00 PM – 5:00 PM
All Sessions Reconvene
Advisor Hospitality
Blue General Assembly
White General Assembly
Department of Public Information
International Court of Justice
Justice Deliberation Room
Security Council
Secretariat
World Cup
Y in the World Studio
PDR A
Mirabella F
Mirabella HIJ
Broadlands A
Cambridge A
Wynthrope Boardroom
Cambridge B
Churchill Boardroom
Mirabella D
Broadlands B
2:30 PM – 4:30 PM
Voting Polls Open – Group B
Pre-Function Lobby
5:00 PM – 7:00 PM
Dinner Break
7:00 PM – 9:00 PM
All Sessions Reconvene
7:00 PM – 9:00 PM
Voting Polls Open – Group C
Pre-Function Lobby
9:00 PM
Personal Time
Assigned Hotel Floors
9:30 PM
Delegation Meetings
See List in Book
9:50PM
11:30 PM
Conference Dance
Mirabella E
Wii Room
Broadlands B
Coffee House
Mirabella G
All delegates in their rooms
*Pizza will be delivered to your room…if you ordered it*
9
Sunday
7:00 AM
Luggage Room Open
Mirabella CD
8:15 AM
Officer Meeting
Mirabella F
9:00AM – 10:45 AM
All Sessions Reconvene
Advisor Hospitality
Department of Public Information
Plenary Session
International Court of Justice
Justice Deliberation Room
Secretariat
Security Council
PDR A
Broadlands A
Mirabella F
Cambridge A
Wynthrope Boardroom
Churchill Boardroom
Cambridge B
10:45 AM- 11:15 AM
World Cup Championship
Mirabella F
11:30 AM – 12:30PM
Closing Ceremonies
Mirabella F
Happy Holidays!
10
DEADLINES
Conference Dates:
A
November 14-16, 2014
B
November 21-23, 2014
Registration forms for ALL components are now being accepted.
September 3, 2014 – Priority Deadline
• Positions for Security Council, Secretariat, the Department of
Public Information, and Country Requests will be assigned to any
applications received by the YMCA Center for Civic Engagement by
this date.
• We will also accept Lawyer Team Registrations.
October 8, 2014- All of the following are due on or before this date:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
All General Assembly Resolutions
General Assembly General Research
General Assembly Position Papers (4 per Country)
Security Council Assignments
Secretariat Assignments
ICJ Memorials and Counter Memorials
School and Student Statements of
Financial Responsibility
Financial Assistance Forms*
Delegate Codes of Conduct
Committee Clerk Recommendations
Rooming List
Candidate Nomination Forms
Candidate Profiles
Candidate Speeches
World Cup Registration
Adult Registration Forms
Adult Background Authorization Forms
* Any requests received after October 3rd will be evaluated based on our limited
availability. AKA- The sooner you turn it in, the better chance your students will
have of receiving financial aid. Financial aid can only cover our outlined program
costs, not fees for transportation or extra school fees. So that our families and
students have ownership over this program, it is our policy not to give 100% aid
unless there are extreme circumstances.
11
IMPORTANT DEADLINE INFORMATION
• Security Council and Secretariat Registrations
Security Council and Secretariat positions will be
assigned after midnight on Sept. 3, 2014. Any registration
for Security Council or Secretariat received by this date
will be assigned based on the ranking of order of the
student’s choices and the quality of the application. If
any positions remain open after Sept. 3, they will be
assigned on a first-come, first served basis.
• Lawyer Registrations
If you have students wishing to serve as lawyers in the
International Court of Justice, please submit those
registration forms online ASAP. Each lawyer team will
receive their case to begin preparing their memorials
and counter memorials, complete with instructions,
deadlines, etc. We cannot send the cases out, however,
until we know who the lawyers are, so PLEASE DO NOT
DELAY in submitting Lawyer Registrations! The sooner
we have those registrations, the more time your
students will have to prepare for the conference.
• Department of Public Information Applications
Applications for the Department of Public Information
will be evaluated before acceptance is granted. Once
selected, the DPI delegates will receive a preconference
assignment via email from the component leader(s).
This assignment will be given on 2-3 weeks before the
conference
• Rooming Lists
Rooming Lists MUST be submitted electronically (via the
website or provided excel workbook) to the YMCA Center
for Civic Engagement by Wednesday October 8, 2014.
We are not able to guarantee sleeping rooms for schools
who submit the summary/invoice and rooming list after
that date.
12
ELECTION GUIDELINES
All YMCA Center for Civic Engagement conferences are 100% student run.
Each year delegates attending the conference have the opportunity to run
for the next year’s leadership positions. Some roles are selected by the
entire conference; others are elected by their specific components.
GUIDELINES FOR SCHOOLS:
Any qualifying student may seek any available office by running in
the general conference election or by running in his/her respective
component during the conference, with the following restrictions:
• No candidate will be eligible to seek the office of Security Council
President without having first served as a Security Council Delegate.
• No school shall run more than 5 candidates, no more than 2 may be for
the office of General Assembly Vice-President.
• The offices of President of the International Court, Justices, ICJ Liaison
and Security Council President will be elected by the current ICJ and
Security Council at the conference. If you have students wishing to run
for these offices, they DO NOT count toward your total number of
candidates. Students may seek these ICJ and Security Council offices
even if you are already running 5 candidates in the state election. The
same applies to the offices of Video Producer, Video Editor, Print
Producer, Print Editor. They, too, will be elected by the current
Department of Public Information at the conference.
*Should there be offices sought by no candidate, students to fill those
positions shall be appointed by the YMCA Center for Civic Engagement.
Guidelines for Candidates:
•
•
•
•
•
•
•
•
All candidates must submit a campaign speech to the YMCA Center for
Civic Engagement Administration for approval by the designated deadline.
No candidate shall spend more than $100.00 on materials to be used in
his/her campaign.
No candidate shall distribute candy or food of any kind.
Any signs placed in common conference areas by candidates MUST be
displayed on easels or other types of floor mounts. Nothing may be taped
or otherwise affixed to hotel walls. The YMCA will NOT provide easels.
ALL candidate campaign materials MUST be removed from the conference
center prior to the dance on Saturday night.
All campaign material must be Y-Rated.
Current officers MAY NOT display support for any candidates, unless they
are candidate—in which case, they may campaign for themselves.
NO STICKERS may be used for campaigning.
13
AVAILABLE OFFICER POSITIONS
AND REQUIREMENTS
SECRETARY GENERAL
The Secretary General is the servant administrator of the Model United
Nations. This officer will preside over the conference as a whole, giving
speeches, advancing an agenda, and setting the tone of the
conference. Additionally, s/he will preside over the Secretariat and direct the
activities of the Secretaries, approving their activities and giving
assignments when necessary. The Secretary General will lobby for his or her
agenda, and, at the request of another component, answer questions and
provide information to that component in the form of speeches and/or
reports. The Secretary General must enjoy researching international
concerns, be able to write clearly, and be comfortable with public speaking.
The Secretary General will be expected to have read all resolutions prior to
attending the conference, and to develop a comprehensive lobbying
agenda. This officer will be responsible for making a minimum of two
speeches to the entire conference, including an opening address in which
s/he will focus attention on certain world concerns and outline an agenda for
the conference. Requirements for this position include:
• Attendance at two (2) Model United Nations
Conferences (Attendance in the election year does
count as one of the 2)
• Candidate MUST have one year of experience in the
Secretariat (experience in the election year does count)
OR spend 1.5 consecutive hours shadowing the
Secretary General in the election year
• Advisor Approval
• Delivery of 1 candidate speech outlining his/her
qualifications and vision
• Candidate speeches MUST be ISSUE-BASED and
submitted by the designated conference due date.
GENERAL ASSEMBLY PRESIDENT
The General Assembly President will preside over the General Assembly and
Plenary sessions. The President will chair a committee with the assistance of
a clerk. He/she must be knowledgeable in parliamentary procedure and be
comfortable with public speaking. It is extremely important this officer have
a good understanding of what issues can be handled by the General
14
Assembly vs. Security Council/International Court of Justice. The President
will be expected to have read all resolutions prior to attending the
conference. This officer will be responsible for speaking in front of the entire
conference. Requirements for this position include:
• Attendance at two (2) Model United Nations Conferences
(Attendance in the election year does count as one of the 2)
• Candidate MUST have one year of experience as a United
Nations Member Country
• Advisor Approval
• Delivery of 1 candidate speech outlining his/her
qualifications and vision
• Candidate speeches MUST be ISSUE-BASED and submitted
by the designated conference due date.
GENERAL ASSEMBLY VICE PRESIDENT
Five (5) students will be elected to serve as General Assembly VicePresidents. These officers will assist the General Assembly President in
presiding over General Assembly and Plenary sessions and lead and
moderate caucuses. Like the General Assembly President, all VicePresidents will chair a committee with the assistance of a committee clerk.
They will also be assigned a specific caucus to lead based on the rankings of
positions they provide upon candidate registration. They will be required to
research their regional groups and be able to lead caucuses with great
aptitude. An ideal Vice-Presidential candidate should be knowledgeable in
parliamentary procedure as well as what issues can be handled by the
General Assembly vs. Security Council/International Court of Justice. All
Vice-Presidents will be expected to read all resolutions prior to attending the
conference. Requirements for General Assembly Vice-Presidents include:
• Attendance at one (1) Model United Nations Conference
(Attendance in the election year does count as one year of
participation)
• Candidate MUST have one year of experience as a United
Nations Member Country (This means if a candidate is
running his first year at the conference, he MUST be a
member country)
• Advisor Approval
• Delivery of 1 candidate speech outlining his/her
qualifications and vision
• Candidate speeches MUST be ISSUE-BASED and submitted
by the designated conference due date.
15
GENERAL ASSEMBLY LIAISON
Two (2) students will serve as General Assembly Liaisons. While serving at
the conference, the liaisons will address questions about procedure and
handle assignments for intent speeches. S/he must be knowledgeable in
parliamentary procedure and may be asked to chair a committee. The
Liaison will be responsible for communicating with the Security Council, the
Secretariat, the Department of Public Information, and the International
Court of Justice, including handling of resolutions and escorting country
teams to/from other components as they are summoned. The General
Assembly Liaisons shall set the docket for each chamber following calendar
committee and shall be responsible for the physical possession of all
resolutions when the General Assembly is not in session. Requirements
include:
• Attendance at one (1) Model United Nations Conference
(Attendance in the election year does count as one year of
participation)
• Advisor Approval
• Delivery of 1 candidate speech outlining his/her
qualifications and vision
• Candidate speeches MUST be submitted by the designated
conference due date.
SECURITY COUNCIL PRESIDENT
The Security Council President will preside over the Security Council and
while representing a country on the Security Council. S/he must be
knowledgeable in the Security Council agenda and have an understanding of
what issues are to be handled by the Security Council vs. General
Assembly/International Court of Justice. S/he will read ALL resolutions prior
to the conference and determine if any have content to be handled by the
Security Council instead of General Assembly. This officer will be
responsible for making a minimum of two speeches to the entire conference
at opening/closing ceremonies. Security Council President nominations will
occur within the component during the conference. Voting for Security
Council President will occur within the component. Requirements include:
• Attendance at two (2) Model United Nations Conferences
(Attendance in the election year does count as one of the 2)
• Candidate MUST have one year of experience as a Security
Council member. (Attendance in the election year does
count)
• Advisor Approval
• Delivery of 1 candidate speech to other members in the
Security Council outlining his/her qualifications and vision
• Candidate speeches MUST be ISSUE-BASED.
16
SECURITY COUNCIL LIAISON
The Security Council Liaison will assist the Security Council President in any
needs as they arise. S/he will summon patrons from the General Assembly
as necessary, make copies of any documents, and assist the Security Council
President in researching existing resolutions to determine if they need to be
handled by the Security Council. The Liaison will also be in communication
with the Secretariat. Requirements for this position include:
• Attendance at one (1) Model United Nations Conference
(Attendance in the election year does count as one year of
participation)
• Advisor Approval
• Delivery of 1 candidate speech outlining his/her
qualifications and vision
• Candidate speeches MUST be ISSUE-BASED.
PRESIDENT OF THE
INTERNATIONAL COURT OF JUSTICE
This officer will be elected from the current or past justices. S/he is
responsible for thoroughly researching the cases both prior to and during the
conference, and by actively and enthusiastically participating in lawyer
questioning and Court deliberations. The president must also remember the
importance of decorum, the dignity with which they behave and that they
require all in the courtroom observe. The president of the ICJ is responsible
for ensuring that his/her bench comes prepared to the conference. S/he will
preside over all cases, handle the tie-breaking vote in a case, preside over
deliberations and deliver the ruling to the courtroom following deliberation.
Like the Secretary General and Security Council President, the President of
the International Court of Justice will be responsible for making a minimum
of two speeches to the entire conference at opening/closing ceremonies.
• Attendance at two (2) Model United Nations Conferences
(Attendance in the election year does count as one of the 2)
• One (1) year service as an International Court Justice
(Serving in the election year does count as one year on
the bench)
• Advisor Approval
• Delivery of 1 candidate speech to other members in the
ICJ outlining his/her qualifications and vision
17
JUSTICE IN THE
INTERNATIONAL COURT OF JUSTICE
Justices will be elected from current participants in the International Court of
Justice. They are responsible for thoroughly researching the cases both
prior to and during the conference, and by actively and enthusiastically
participating in lawyer questioning and Court deliberations. Justices must
also remember the importance of decorum, the dignity with which they
behave and that they require all in the courtroom observe.
• Attendance at one (1) Model United Nations Conference
(Attendance in the election year does count as one year
of participation)
• Candidate MUST have one year of experience in the
International Court of Justice (This means if a candidate
is running his first year at the conference, he MUST be
on a lawyer team)
• Advisor Approval
• Delivery of 1 candidate speech to other members in the
ICJ outlining his/her qualifications and vision
INTERNATIONAL COURT OF JUSTICE LIAISON
The International Court of Justice Liaison will assist the ICJ President and
justices in any needs as they arise. S/he will manage the court docket,
make copies of any documents as necessary, type and post the court’s
decisions and complete any additional tasks as they are requested by the
justices or component leaders. Requirements include:
• Attendance at one (1) Model United Nations Conference
(Attendance in the election year does count as one year of
participation)
• Advisor Approval
• Delivery of 1 candidate speech to other members in the
ICJ outlining his/her qualifications and vision
18
DEPARTMENT OF PUBLIC INFORMATION
Print Division Editor and Producer
The Print Division Editor and Producer will work together and manage the
publications of the conference newspapers. These officers are selected from
current DPI members. Their duties shall include, but not be limited to the
following:
• Publication of one newspaper by 11:00 PM the night before the
conference (Previewing the conference, containing a conference agenda,
and using articles written in advance by DPI members. This paper shall be
distributed to delegates upon their arrival at the conference on
Thursday.)
• Contact all DPI members prior to the conference to make sure they are
working on their first article, per the assignment in the delegate manual.
• Story Assignments
• Proofreading each publication, which includes checking for grammatical
errors as well as the presence of general good taste, and PERSONALLY
delivering a copy to the state director or assistant director for approval
before final printing.
• Compiling each issue of the conference on one single disc to be
PERSONALLY delivered to the state director or assistant director before
the editor’s departure from the conference.
• At a minimum, the DPI Print Division shall be responsible for publishing
two newspapers per day.
• A layout and masthead will be designed for YMCA Center for Civic
Engagement. Conference papers WILL NOT deviate from this layout.
• Editor shall ensure that each component receives coverage in the paper
and slide show or video. Note: The Conference Staff IS NOT a
component. Though it is appropriate to make the occasional mention of
them, or to do a single story about their role at the conference, they
should never take up more column inches than delegates.
• The DPI shall serve as the ‘Communicator’ of the conference, not the
entertainer. It IS NOT the job of the conference paper to entertain the
delegates, but rather to inform them of day-to-day happenings at the
conference. There is nothing wrong with one or two feature stories or
entertainment pieces (doodle areas), but the days of a paper full of
doodles and word searches and hot lists no longer exist. If you can’t think
of enough ideas for stories, see YMCA Center for Civic Engagement staff.
Our Department of Public Information will be a legitimate one. Reporting
is a real job, not merely a pastime.
• REQUIREMENTS:
• Attendance at one (1) Model United Nations Conference
(Attendance in the election year does count as one year of
participation)
• Advisor Approval
19
DEPARTMENT OF PUBLIC INFORMATION
Video Division Editor and Producer
The Video Division officers will work collaboratively to manage all aspects
relating to the nightly newscasts and the conference slide show. Like the
Print Division officers, these leadership positions will be filled by delegates in
the video press. Their primary responsibilities include:
• Management/Coordination of DPI members assigned to work in the
video division
• Design, layout, construction and editing of one slide show per
conference, to be shown on Saturday night. This slide show must be
completed on a schedule that allows ample time for the state director
or assistant director to watch and approve before it airs.
• Development, shooting and editing of pieces suitable for closed-circuit
television presentation.
• REQUIREMENTS:
• Attendance at one (1) Model United Nations Conference
(Attendance in the election year does count as one year of
participation)
• Advisor Approval
CHAPLAIN
The conference Chaplain will be expected to prepare invocations for opening
session on Friday and closing session on Sunday. The Chaplain will also
represent a Member Country (alone or with a group) and thus be responsible
for writing and presenting a resolution. The Conference Chaplain will also
have the responsibility of coordinating and leading one (1) ten minute
devotion on character development. The chaplain is expected to include
other fellow officers in the presentation of the devotion to the entire
conference. This will be delivered Saturday night following the conference
slide show.
• Attendance at one (1) Model United Nations Conference
(Attendance in the election year does count as one year of
participation)
• Advisor Approval
• Delivery of 1 candidate speech outlining his/her
qualifications and vision
• Candidate speeches MUST be ISSUE-BASED and submitted
by the designated conference due date.
20
AWARD DISTRIBUTION
AND CRITERIA
Awards:
Outstanding General Assembly Resolutions
Outstanding Delegates
Outstanding Secretary
Outstanding Security Council Delegate
Best Written Argument in the ICJ
Best Oral Argument in the ICJ
Outstanding Department of Public Information Delegate, Press Division
Outstanding Department of Public Information Delegate, Video Division
Outstanding Student Leader (Awarded to an Officer)
Outstanding Service Project
Outstanding Resolutions
Resolutions are considered for awards based on the following factors:
Debate Potential & Innovation
In keeping with national character
Feasibility
Significance of Impact
Innovation
Correctly formatted with Evidence of Research
Submitted by Conference Deadline
In keeping with the YMCA core values of Honesty, Caring, Respect &
Responsibility
Outstanding Delegate
Delegates are considered for awards based on the following criteria:
Cooperative & Respectful in his/her approach to legislation and peers
Ability to stay in nation’s character
Use of proper parliamentary procedure
Evidence of Preparation & Research
Positive Attitude
Positive Leadership
Poise and Maturity
Excellent Communication- clear, concise, and convincing
Leadership by example with regard to conference rules and regulations
Behavior in keeping with the YMCA core values of Honesty, Caring,
Respect & Responsibility
Meet all deadlines established by the YMCA Center for Civic
Engagement
21
Technology Policies
1. The following components are allowed and encouraged to bring laptops,
tablets, etc. They will also have internet access throughout the Conference
o
o
o
o
o
Officers
International Court of Justice
Secretariat
Security Council
Department of Public Information
2. Members of the General Assembly will follow the guidelines below:
a. A delegate may use a laptop/tablet/etc within Committee or the
General Assembly only when s/he is presenting the introduction or
conclusion of his or her resolution. The delegate may ONLY read
material that has been prepared PRIOR to his or her presentation. This
is not a time for research or for adding material to a conclusion.
i. This also applies to students chosen to be Intent Speakers.
b. The use of electronic devices is strictly prohibited within Committee
and General Assembly.
i. There is a research area provided if a student needs to research
upcoming resolutions. A student is allowed to use his or her
laptop in the research center. Please note that internet access
will not be available for GA members outside of the research
center.
ii. If a delegate wishes to access the internet in his or her room,
they may do so. However, there is a FEE for which the student
will be responsible to pay.
c. The violation of these guidelines will result in a school being removed
from the Premier Delegation list.
d. The violation of these guidelines will result in a student being removed
from consideration for Conference Awards.
We have implemented these guidelines to help reduce paper waste and to embrace the
new technology that makes this possible. However, we wish to remain a conference
that is both educational and fair. Not allowing the use of laptops/tablets/etc within the
General Assembly encourages students to do research before the conference. It also
ensures that students who may not have easy access to this kind of technology are not
at a disadvantage during debate. If you have any questions, please come and talk to
us.
22
MODEL UNITED NATIONS
REQUEST FOR FINANCIAL ASSISTANCE
YMCA Center for Civic Engagement
YMCA of Middle Tennessee
The maximum financial assistance allowance for MUN is $250.
All extra costs must be covered by the school.
FORM MUST BE COMPLETE TO BE CONSIDERED.
Name of Student: _________________________________________________________
School: _________________________Grade: _________ Advisor: __________________
Home Address: _________________________________________________________________
Parent Contact Name:____________________________________Phone:___________________
Parent Contact Email:_____________________________________________________________
Number of family members in household:______________________________________________
Household income before taxes: $______________ Per (Circle One) Week
2 Weeks
Month Year
Additional income for adults in household: (Child support, welfare, social security, unemployment, etc)
$_____________________________ Per (Circle One)
Week
2 Weeks
Month
Year
Monthly Expenses:
Rent/Mortgage:______________ Car:_____________ Insurance (home, car, health)___________
Groceries:__________________ Utilities:_____________ Phone/Internet:____________
Please explain any extenuating circumstances below:
How much can you afford to pay for the conference? _____________________________________
What is your school cost per delegate to attend the conference? ____________________________
Parent Signature_____________________________________________ Date________________
YMCA CENTER FOR CIVIC ENGAGEMENT
DELEGATE CODE OF CONDUCT
The purpose of the YMCA Center for Civic Engagement is to educate its participants on
the processes of government at the city, state, national and international levels, in the
hopes of beginning what will be a lifetime of civic engagement for our alumni.
Given such, a code of conduct has been developed to help ensure that every delegate
receives the maximum benefits possible as a result of their participation. This code of
conduct is applicable to adults as well as student delegates. With that in mind, the
following code of conduct has been adopted:
All individuals participating in the YMCA Center for Civic Engagement Conferences will conduct
themselves in a respectable and positive manner and present a good and decent reflection of
themselves, their school and their community.
All participants share equally the responsibility for their actions when violations of the code are
witnessed. Those who decide to be present when a violation occurs, shall, by their choice, be considered
a participant in the violation. In this program there are no “innocent by-standers.”
Plagiarism of outside sources will not be allowed for any delegates. If evidence of plagiarism exists,
delegates can expect to be disciplined by the YMCA Center for Civic Engagement. Authors of plagiarized
resolutions will be dismissed from the conference.
Dress code for conference is business attire. No jeans!
Young ladies: Suits, dresses, long skirts, blouses or sweaters and appropriate shoes (no sandals or
flip-flops). Tennis/athletic shoes are not appropriate, nor are strapless or spaghetti strap style tops.
Also, no cropped tops and no bare midriffs please. Skirts must be 1 inch above the knee or longer.
Young men: Suits or blazers and slacks, shirt and tie. Appropriate shoes. (Appropriate means, as it
does for young ladies, no sandals, e.g. Birkenstocks, or tennis/athletic shoes.)
When choosing an outfit, ask yourself, “Would I wear this to a job interview if I really wanted to be
hired?” Obviously, if the answer is no, then you should probably search the closet again. And, please do
not be offended if conference staff asks you to return to your room and change. We are merely
upholding this dress code and would never personally criticize your fashion sense!
Possession and or use of alcoholic beverages, drugs (unless prescribed), tobacco products or
pornography by any participant will result in an immediate expulsion from the conference. Any
participant who is expelled from the conference will be sent home at his or her own expense. Parents
and school administration will be notified of the expulsion as soon as possible, and students should be
aware they might also be subject to further disciplinary action by their respective schools with regard to
specific school policies.
All delegates are to participate in all scheduled events. This includes the nightly activity.
No boys allowed in girls’ rooms or girls allowed in boys’ rooms. Violation of this rule is grounds for
expulsion.
No delegate may leave his or her room after curfew except for an emergency. If you have an
emergency you must notify your adult advisor and the YMCA Center for Civic Engagement Executive
Director.
There is absolutely no leaving the conference after check-in and no delegate may drive or ride in ANY
vehicle during the time they are at a CCE conference.
Nametags must be worn visibly at all functions.
24
No food or drinks shall be permitted in any session. No cell phones or other electronic devices are
allowed in any session.
Noise must be kept to a minimum in all hotel rooms and hallways. YMCA or other conference staff will
investigate any complaints waged by other hotel guests.
ABSOLUTELY no throwing anything over the balconies of the hotel.
No participant may drive or ride in ANY vehicle during the time they are at a CCE conference this
includes taxis and friends vehicles who are not attending the conference .
Destruction of personal property, hotel or other property will result in immediate expulsion. Any
delegate responsible for damages must make restitution and will be held accountable for any legal
actions that follow. Hotel rooms are registered to the conference and are subject to search by the CCE
staff at any time. All conference participants, guests, bags and vehicles at the conference are also
subject to search by the CCE staff at any time.
Use of the Tennessee State Capitol sound system is prohibited. Tampering with the components of the
sound systems (microphones, cords etc) is prohibited. Delegates who violate this regulation will be
expelled from the conference.
Use of the Tennessee State Capitol voting machines is strictly prohibited. No touching or pushing
buttons in chamber seats. Violation of this regulation is grounds for expulsion.
Violation of any conference guidelines may result in dismissal from the conference and or the suspension
of your school for the next CCE Conference.
The YMCA Center for Civic Engagement staff reserves the right to make amendments to the delegate
code of conduct at anytime. Notice of these amendments will be given to all delegates and advisors.
WAIVER
We acknowledge that CCE events will be held at different venues and that transportation maybe
provided between venues. The transportation will be provided by third parties with whom YMCA will
contract or certified YMCA staff. We agree that we will hold YMCA harmless against, and agree not to
name YMCA as a defendant in any action arising out of or related to, any injury, harm, damage, loss or
expenses of any nature incurred in connection with such transportation activities.
I grant permission for photographs, written/art work, quotes, videos or other media which may include
my child, to be used in media releases which benefit the YMCA of Middle Tennessee.
I have read and will adhere to all guidelines:
Delegate Signature: _____________________________________
Print Name:
_______________________________________
Parent Signature:
Print Name:
School
Date: ________________
_____________________________________
Date: ________________
________________________________________
________________________________________________________________________
Parent Phone Number(s) ___________________________________________________
25
GENERAL ASSEMBLY RESEARCH
REQUIREMENTS
Each member state delegation will be required to submit the
following pieces of research in order to be eligible for conference
awards. All items are to be submitted online by October 3, 2012
to be considered on-time. These are in addition to the team’s
resolution.
I. General Country Research
This part of the research will cover country specifics
including: geography, people, government, economy,
communication, education and more. Each country team
submits this ONCE. The YMCA Center for Civic
Engagement online submission will ask for specific
information in those general topic areas. ALL the
information can be found on this website:
https://www.cia.gov/library/publications/the-worldfactbook/
II. Position Papers
Each delegation is required to submit a total of FOUR
position papers. The delegation will prepare one position
paper on one topic from each of the four standing United
Nations committees (Disarmament and International
Security; Social, Humanitarian and Cultural; Economic
and Financial; Special Political and Decolonization). Under
each of the committees there is a list of specific topic
choices for the position papers. These can be found
under “Position Paper Topics.” All four position papers
must be submitted at the SAME time online to be
considered for awards.
26
POSITION PAPER TOPICS
Each country must choose and write on one topic from each of the standing
committees of the General Assembly. Each country will submit a total of 4
position papers.
I. Disarmament and International Security
A. Disarmament, Weapons Management
-Security of weapons technology and materials
-Use of NATO banned ammunition & weaponry
B. Oversight of ongoing Weapons Inspections
C. United Nations’ Personnel
- Safety of observers and relief workers in areas of conflict
- Ethical oversight of programs and missions
D. Conventional arms control in conflict regions
- Children in Combat
- Use of concealed explosives
- Treatment of POWs and detained persons
II. Economic and Financial
A. Sustainable Development
- Building economic institutions (markets, infrastructure, banking)
- Stability of the commodities and energy trades
B. Strategies to adapt to forces of globalization
C. International Debt Management
D. Availability of International Investment
- Encouraging constructive investment in developing nations
E. Fair Trade Practices
III. Social, Humanitarian and Cultural
A. Humanitarian concerns in war zones
- Infectious disease, temporary shelter, displaced peoples, relief
availability
B. HIV/AIDS
-Generic medications, funding prevention activities, relief for orphans
C. Population and Environment
-
Population density related to global health
Waste Management Practices
Water borne infectious disease
Agricultural and humanitarian issues related to famine and drought
Water and air contamination by Multi-National Corporations
Wildlife protection in international waters, whaling
Exploitation & Abuse of Natural Resources (i.e. diamond mining)
IV. Special Political and Decolonization
A. International cooperation in the peaceful uses of outer space
B. Economic and other activities that affect the interests of the
peoples of the Non-Self-Governing Territories
C. Safety of International Travelers
D. Social, Security, and Health Threats of the International
Narcotics Trade and Organized Crime
E. Effects of atomic radiation and discarded weapons materials
27
POSITION PAPER GUIDELINES
After consulting the delegate guide published for the Berkley Model United Nations,
the following guidelines have been adopted for the composition of position papers
for the Tennessee YMCA Model United Nations. Each member state is required to
submit a total of 4 position papers.
Your Content Should Include the Following:
I. Topic Description
To begin, you will choose one topic from each standing committee, from the list provided. Then,
your position papers on each of your four chosen topics should begin with a topic description.
Your topic description should provide you a context for the sections of your paper that will
follow. In addition, this section should illustrate your understanding of the respective
committee’s role in the resolution of the conflict or topic. Think of the topic description in these
terms: a reader with no previous knowledge of the topic should be able to fully understand the
rest of your position paper after reading your topic description. Specifically, your topic
description should include the following:
o Historical Background
You want to provide some historical background associated with the topic in order to
understand the developments that lead to the current situation. As part of your historical
background, describe any events that fueled the birth of the current topic. In addition, you
might want to briefly touch on any past action related to the topic.
o Current Situation
You should illustrate the current situation as it relates to the topic. Have any UN resolutions
been recently adopted, proposed, etc. The position your member state takes on the topic
will be based on the nation’s desires for the resolution of the current situation, so it is
paramount that your position paper covers the current situation effectively.
o Key Issues
Identify the key issues surrounding the topic. Attack the key issues from this angle: you
want your reader to know what YOU believe is important. Identifying the key issues will also
help you extrapolate the most important parts of what is probably a boatload of information.
From this point forward, you only want to focus on the things you’ve identified as most
central to the topic in question.
II. Past United Nations Action
This should be the section of your paper where evidence of your research shines. In other
words, this is your opportunity to further discuss in detail any of the actions you learned about
from your research of the elements in your topic description. In order to successfully present
your research, you should strive to identify some themes in past actions and cite those
resources you’ve found to be relevant. Those resources could include UN resolutions,
documents and speeches. The key to your position paper is not how many sources you’ve cited,
but rather, how well you’ve interpreted the sources you’ve determined to be the most
paramount in understanding the topic. This is the section where you should do just that.
III. Delegation Policy
This section provides you with the first opportunity for your nation to take a stand. When you
consider your research of the topic and your research of your country, where do the two meet,
or even collide? Clearly state your delegation’s position on each of the key issues you’ve
previously identified in the paper.
IV. References
Each of your position papers should end with the citation of each source that you used in the
composition of your paper. You may use the style of citation to which you are most
accustomed.
28
GENERAL ASSEMBLY RESOLUTIONS
How to pick a Resolution Topic and/or
how to determine in which committee a topic belongs
There are four standing committees in the United Nations General Assembly with
each being the header for a section below. As a team is selecting a resolution
topic, they may use the information below to either pick an actual topic or
determine which committee their topic is in.
First, a team is able to get topic ideas under specific committees. For example if a
team wishes to write a resolution under the Economic and Financial Committee,
that team may choose to do a resolution on the rights of migrant workers.
Or if a team has already selected a topic, they may compare their topic to others
listed to determine committee it falls under. They WILL be asked to select a
committee when submitting a resolution.
1. Disarmament and International Security Committee
Examples of resolutions this committee might hear include:
o Regulation of Biological and Chemical Weapons: Can the UN
regulate what weapons are created and why? Should these weapons be
possessed and /or used at all?
o Combating Religious Fundamentalist Pressure on Political
Stability: Throughout history religion has been named as the cause of
countless wars, armed conflicts, civil unrest etc. As the world has seen,
religious fundamentalism can bring terrorism and political instability.
o Measures to Combat Terrorism: Terrorism has long been a major
problem for many countries. Recently countries are working together to
find solutions to this growing problem.
2. Economic and Financial Committee
Examples of resolutions this committee might hear include:
o Impact of Regional Trading Blocs in Global Trade System: How can
the UN promote trade within regions and among the various international
trade blocs. Increased traffic through deregulation, lowering of tariffs,
lessening of economic embargoes, etc., are ideas to be considered.
o The Rights of Migrant Workers: As migrant workers move from place
to place, they are given few rights. What rights exist for migrant workers
and how can they be expanded?
o Information Technology: As dependence on technology has expanded,
the ability to bring chaos and destruction to essential systems such as air
traffic control systems and global computer networks has grown. How
can the UN shed light on these problem areas and aid its member states
in reducing and/or preventing its effects upon the world’s population?
o Recommendations to Improve the Economic Stability of the
United Nations: As the debt levels of the United Nations grow, its
effectiveness as a peacekeeping force diminishes. The growing debt is
29
partly due to the fact that many member nations, such the United States,
are refusing to contribute all of its share of millions of dollars because of
internal political issues. How can the UN entice its members to pay their
fair shares for the promotion of peace and other UN endeavors?
3. Social, Humanitarian and Cultural Committee
Examples of resolutions this committee might hear include:
o Protection of Humanitarian Aid Workers: Humanitarian aid workers
are often placed in the center of civil strife, war and numerous other
dangers. How can the UN increase protection of these vital workers?
o International Regulation of Medicinal Drugs: Whereas rules for
testing and use of legal medical drugs vary from country to country, what
can the UN do to help regulate the process and distribution of these
drugs?
o The Pandemic of Infectious Diseases: Infectious viral diseases are
spreading across the globe at an alarming rate. The spread of infectious
diseases often results from poor sanitation and education and is often
complicated by political strife. Additionally, warring parties who do not
permit necessary treatments and aid workers to reach infected areas
further complicate this problem. What can the UN do to promote
research into viral diseases and how can it help combat the spread of
infectious diseases?
o Regulation of Labor by Children and/or Prisoners: Exploitation of
this form of labor has been used by numerous governments, countries,
and businesses. Regulation by the UN and its pressure upon member
states could decrease this problem.
4. Special Political and Decolonization Committee
Examples of resolutions this committee might hear include:
o Measures to Prevent Environmental Atrocities: Man-made
destruction of the environment by governments, industry, and/or
individuals. How can the UN prevent these types of actions form
occurring and punish those persons responsible once they occur?
o Controlling Organized Crimes Across International Borders:
Organized crime is not simple a problem inside country borders,
increasingly it is flowing across nation-states.
o Measures to Facilitate Peacemaking Efforts in Situations of Civil
War: How can the UN ease the difficulties of peace-making as an
intermediate, advisor, and/or enforcer of the peace, etc.
o Protection of Tourists: What role should the UN take in protecting
tourists as they travel throughout the world’s nation states? Should the
UN attempt to aid in the protection of tourists who choose to travel in
known problem areas?
30
WRITING YOUR RESOLUTION
Definition:
A resolution is a written proposal that deals with the issues being entertained by a UN
committee. In your case, your resolution will need to concern topics that would fall
within one of the standing committees being heard at our Model United Nations
conference. (You should consult your advisor for a listing of these committees.) Your
resolution will first be heard in a sub-committee setting, then ranked. Should you rank
well enough to move on to committee, you will present your resolution again for
consideration by the committee as a possible resolution to be heard in the Plenary
Session of the General Assembly.
PLEASE USE THE RESOLUTION TEMPLATE PROVIDED ON OUR
WEBSITE TO TYPE YOUR RESOLUTION ACCORDING TO THE
FOLLOWING GUIDELINES:
Structure:
Resolutions are divided into three parts:
1. Header
2. Preambulatory Clauses
3. Operative Clauses
Here’s a further description of what those sections should include:
o Header
The header will provide the basic information about your resolution purposes, used
mainly for administrative purposes by the Secretaries General. (AKA State YIG Office)
The template on our website includes a prompt for all of the items required for your
header. They are:
Sponsor (Your country)
Delegates (Alphabetical listing of your country members)
Committee (One of the standing committees)
Topic (Of your choosing, so long as it fits into one of our committees)
o Preambulatory Clauses
These clauses introduce the problem at hand, provide necessary background
information, and give a general indication of the attitude of the resolution. You should
begin each of your preambulatory clauses with an underlined word, as in the sample
resolution found in this manual. Please see the list of sample preambulatory clause
beginnings in this manual for some ideas.
o Operative Clauses
Your operative clauses should be the meat and potatoes of your resolution. They should
outline your ideas and specific proposed actions for the resolution. An operative clause
should present your solution or solutions to the problem you’re addressing. A good
operative clause can be one of many things: original, innovative, concerning policy, and
economically and politically feasible. Each of your operative clauses should be
numbered, and like your preambulatory clauses, should begin with an underlined word
or words. Each clause should end with a semi-colon. Some good examples of operative
clause beginnings are: Calls for, Strongly encourages, & Establishes.
31
PREAMBULATORY & OPERATIVE CLAUSE
SUGGESTIONS
Preambulatory Clauses could begin with the following:
Acknowledging
Affirming
Alarmed by
Anxious
Appreciating
Approving
Disturbed
Regretting
Deploring
Desiring
Determined
Emphasizing
Aware of
Encouraged
Bearing in mind
Believing
Endorsing
Expecting
Cognizant
Expressing its
Concerned
Confident
Considering
Contemplating
Convinced
Expressing
appreciation
Expressing
satisfaction
Fulfilling
Fully alarmed
Fully aware
Fully bearing in mind
Declaring
Fully believing
Deeply
concerned
Further deploring
Conscious
uided by
Having adopted
Having approved
Having considered
Having further decided
Having devoted
attention
Having examined
further
Having heard
Having received
review
Having studied
Keeping in mind
Mindful
Noting with
Noting with approval
Noting further
Noting with grave
concern
Noting with
satisfaction
Observing
Reaffirming
Realizing
Recalling
Recognizing
Referring
Reiterating
Seeking
Stressing
Taking into account
Taking into
consideration
Taking note
Viewing with
appreciation
Operative Clauses could begin with the following:
Accepts
Affirms
Approves
Authorizes
Calls
Calls upon
Condemns
Congratulates
Confirms
Considers
Declares
Deplores
Draws attention
Designates
Emphasizes
Encourages
Endorses
Expresses its appreciation
Expresses its hope
Further invites
Further proclaims
Further recommends
Further reminds
Further requests
Further resolves
Have resolved
Notes
Proclaims
Reaffirms
Recommends
Reminds
Regrets
Requests
Resolves
Solemnly affirms
Strongly condemns
Supports
Trusts
Takes note of
Urges
32
MORE TIPS FOR WRITING AN
EFFECTIVE RESOLUTION
Provided courtesy of the Memphis University School Government Club
General Background:
The United Nations is a community of its member states. It exists for two general
purposes:
1) To maintain peace and security, and prevent aggression, amongst nations. The
Security Council is the only UN body with the authority to pressure or punish countries
through military or economic means.
2) To improve the quality of life for the people of the world. This is carried out through
one of the dozens of UN organizations and committees.
The United Nations is NOT a world government. It cannot violate the “national
sovereignty” of a member nation; that is, the right of a nation to control its own internal
affairs. Hence, UN.
Specifics on Resolutions:
Resolutions are merely suggestions, requests, or statements of “world opinion.” (The
exception to this is the “peace and security” function of the Security Council).
The General Assembly and its committees are the bodies in which all member nations
discuss world problems and propose solutions. The purposes of GA resolutions are to
define and describe problems and propose solutions. More specifically:
1) A resolution may propose that specific nations alter their behavior in order to be in line
with principles and guidelines stated in one of the dozens of agreements, treaties,
declarations, reports, or protocols that most nations have previously signed. Examples
range from the UN Declaration of Human Rights to the Kyoto Protocol on Global Warming
to the UN Charter itself, and many, many others. Specific punishments may be
suggested, if desired, for nations who are in violation.
2) A resolution may call on member nations to adopt by their vote a new position or
viewpoint regarding a more specific international issue (for instance to “request action to
solve” this or “condemn or oppose” that).
3) A resolution may seek to develop and gain approval for a specific program or course of
action to be carried out by one of the UN organs (Examples of such organs are the UN
Commission on Human Rights, the UN Children’s Emergency Fund, The UN Development
Programme, the UN Environment Programme, the UN Educational, Scientific and Cultural
Organization, the UN Disarmament Commission, the UN International Drug Control
Programme, and many, many more).
A resolution can create a new organization or committee, but be careful because an organ
already exists for practically every matter of world concern. (The UN needs creative
solutions and will power, not more bureaucracy).
33
What do I need to know to write a good resolution?
1) Your country’s outlook and priorities. Aside from having a general knowledge of your
country’s geography, culture, economy, government and recent history, there are UNbased sources, such as the book, A Global Agenda: Issues Before the General Assembly of
the UN, published annually by the UN Association of the USA (called UNA-USA).
Another very possible “short-cut” would be to go to the web site your country’s Permanent
Mission to the UN. Here your country issues position statements, as press releases,
regarding the selected issues currently before the General Assembly
(http://www.un.int/brazil or whatever your country is) .
2) The pressing issues or needs confronting the UN today, and which would concern your
nation directly (as a national or regional need) or indirectly (as a concerned “world
citizen”).
3) What UN declarations, statements, reports, or protocols now exist concerning your
issue or topic. If none exist, then you may propose that a new statement of opinion/goals
be adopted. But again, make sure none already exist before doing this.
4) What UN organizations or commissions already exist to deal with your issue or topic.
Other things I might want to know:
There are some topics or problems of general concern about which you may not be writing
a position paper. It’s a good idea to familiarize yourself with a few of these in order to be
an effective delegate in general. Those broad, general topics include: improving health
and education, fighting crime or terrorism, promoting economic development (agricultural
and industrial or high technology), debt relief for poor nations, reforming the UN system
or its finance, protecting the environment, eliminating or limiting weapons of mass
destruction, improving the lives or protecting the rights of women and children, assisting
refugees fleeing economic or military disasters, and so on.
With these problems of general concern, remember that long-term complex problems
require long-term detailed solutions. Hence, in many cases, your resolution alone is
probably not going to entirely solve those problems. Think of it as the first, even if limited,
step toward a later, more comprehensive solution. Or, your resolution may identify a
small, but important, problem that exists with a UN program. In this case, you could
propose a specific reform which “fine tunes” that UN program.
Remember that unless a problem is totally unique to your nation or region, or a dire
emergency exists, it is not a good idea to personalize an assistance effort (for instance, to
improve literacy in my country only). With most problems, such as those related to
health, education, or economic development, a large number of country’s face those
problems in common. So, think in terms of general programs and solutions.
Keep in mind the UN financial resources involved with your plan or solution. You will
probably be asked this question in debate. This would be decided by the magnitude or
severity of the problem. How extensive is the problem? How many nations and people are
affected by it? One idea would be to go to the UN budget and see what the UN
organization or commission in question spends on comparable problems. Where does your
topic fit in that organization’s, or the world’s, priorities?
34
FORMAT FOR DEBATE
I. Committee
Two minutes - Introduction
Two minutes - Technical Questions
+/-Five minutes - Con/pro debate
One minute - Summation
Amendments
One minute - Introduction
Two rounds - Con/pro debate (1 minute per speaker)
One minute - Summation
II. General Assembly/Plenary
Two minutes - Introduction
One minute - Technical Questions
Three rounds - Con/pro debate (2 minutes per speaker)
Two minutes – Summation
Sample Ranking Form
Best 1…2...3...4...5 Worst
Resolution
#
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Character
Committee Ranking Forms
Debatability
Innovation
Content
and Fiscal
Feasibility
Research
Significant
Impact
Total
35
SCRIPT FOR CCE MUN DEBATE
by Tucker Cowden, MHMS
*Outside of this guide, consult additional TN YMCA CCE supplements and
Robert’s Rules of Order
*Script is written with the assumption of more than one patron for the
resolution/bill. If there is only one presenting patron, change statements to
the singular (i.e. “Does the Patron” instead of “Do the Patrons”).
Overview
Model UN (MUN) debate should be seen in the context of the actual United
Nations General Assembly, where delegates speak directly on behalf of the
governments of the nations they represent and the items debated are called
resolutions. Because of this setting, MUN delegates should know their
nation’s stance on important world issues and approach them as that
country’s government would (even if the delegates do not agree with that
approach). This applies especially to the resolution that you are presenting.
It should address not only an issue that the delegates think is important, but
one that the country’s government thinks is important and would actually
present to the UN. Also, although the event is called “Model UN,” speakers
referring to the body should not say that “the Model UN” should do suchand-such. You are to be completely in character, acting as if Model UN were
the actual United Nations (so refer to the conference as “the UN” or “the
United Nations”).
Asking Technical Questions (after being recognized by the chair)
Speaker: [States Name, States Country, States One Question (must be
one that merits a response of yes, no, a number, a definition, or a short,
expository rather than persuasive answer) (the question is directed to the
presenting delegates)]
Con/Pro Debate (after being recognized)
*Delegates may take one or two of the three actions listed below (ask
questions, speak to the floor, yield time to another delegate), but may not
only yield time to another delegate (you can only ask questions or only
speak, but cannot only yield time).
Speaker: (States Name, States Country) and…
36
To Ask A Series of Questions
Speaker: Do the Patrons yield to a possible series of questions? (Not: “a
series of possible questions,” or “a question.”)
Chair: They do so yield
Speaker: (To Patrons) (Asks Questions and receives answers for up to two
minutes, depending on the committee/GA/plenary’s time structure).
*It is important to note that questions asked as a Con speech should seek to
criticize, or at least show skepticism for, the given resolution. Those asked
as a Pro speech should do the opposite, emphasizing the positive aspects of
the resolution.
To Address the Assembly
Speaker: May I address the floor?
Chair: That is your right.
Speaker: (Speaks to fellow delegates, not the patrons, for the allotted
amount of time either in favor of (pro speech) or against (con speech) the
resolution).
*You should never use the words “Con” or “Pro” in your speech unless
referring to “a previous con speaker,” etc. Con and Pro are not nouns or
verbs that can be used to show your support or dislike of a resolution (so do
not say “I con this resolution”).
To Yield Remaining time after one of the above to a fellow delegate:
Speaker: May I yield the remainder of my time to a fellow delegate?
Chair: That is your right. Please specify a delegate.
Speaker: [Names the delegate to be yielded to (refer to him/her by
country] (Takes first action)
*Delegates being yielded to should have the same opinion (pro or con) on
the resolution as the speakers that yield to them.
Motions (must be made before the last con speech)
Speaker: (Shouts) Motion!
Chair: Rise and state your motion.
Speaker: (States Name, States Country, States Motion—see table of
motions in delegate manual)
Chair: [Takes it from there (decides if the motion is in order or not, asks
for a second to the motion, and conducts a vote, usually by voice
acclamation)]
37
Tennessee YMCA Center for Civic Engagment
TABLE OF MOTIONS
Motion
Main Motion
(Bill)
Adjourn
Amend
Appeal
Lay on the
Table
Postpone to a
certain time
Previous
Question
Recess
Reconsider
Point of
Personal Priv.
Suspend the
Rules
Withdraw
Motions
Division
Point of
Information
Parliamentary
Procedure
Point
When
Another
has the
Floor
Second
Debatable
Amendable
Vote
Reconsider
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
No
Majority
Majority
Majority
Majority
Yes
No
Yes-N
Yes
No
Yes
No
No
2/3
No
No
Yes
Yes
No
Majority
Yes
No
No
When
Another
has been
assigned
the floor
Yes
Yes
No
No
If motion to
be
reconsidered
is debatable
No
Yes
2/3
Majority
No
No
No
Majority
No
Yes
No
No
No
No
No
No
Yes
No
Yes
2/3
No
No
Yes
No
No
No
No
No
No
Majority
One
Yes-N
No
Yes
No
No
No
No
No
Yes
No
No
No
No
No
Yes
38
INTENT SPEAKER
PROCEDURE
What is an Intent Speaker?
An intent speaker is a person recognized in advance
to prepare a 2 minute speech, either pro or con, for
a given proposal. The chosen intent speakers shall
make the first pro and con speeches for each
proposal.
How do I become an Intent Speaker?
Delegates wishing to be intent speakers for any
proposal shall submit a folded piece of paper,
containing the proposal number and their intent,
either pro or con, written legibly on the outside. The
inside of the request should contain the delegate’s
name and country. (Each delegate may only submit
intent speaker requests for two proposals – one PRO
and one CON.) However, each country will be
recognized with an intent speaker only once during
the conference.
How are Intent Speakers Chosen?
Once all forms for intent speaker requests are
collected, one PRO and one CON intent speaker shall
be determined by a random drawing for each
proposal. The intent speakers will be announced at
least three proposals prior to the presentation of the
chosen proposal.
39
Tennessee YMCA Model United Nations
RULES OF PROCEDURE FOR THE
GENERAL ASSEMBLY
Rule 1
AGENDA – The agenda of the General Assembly shall be drawn up by
the Secretary General (State Director’s Office) and shall be regarded
as adopted at the beginning of the session. There shall be no revisions
or additions to the agenda without approval of the officers and the
Secretary General.
Rule 2
The Secretary General shall allocate items to the main committees of
the General Assembly.
Rule 3
The credentials of all members of delegations, having been submitted
to the President of the Security Council and Secretary General in
advance of the session of the Model General Assembly, shall be
considered to have been approved.
Rule 4
The PRESIDENT OF THE GENERAL ASSEMBLY – The President of the
General Assembly and six (6) Vice Presidents shall be elected by a
majority of those voting, with each delegate having one (1) vote.
Rule 5
Nominations shall be in writing and submitted to the State Director’s
office by the pre-determined deadline. Electronic voting machines will
be used (polls will be opened only at specific times – see agenda). The
election will be for the assembly the following year.
Rule 6
The President of the General Assembly shall:
a. Declare the opening and closing of each plenary session.
b. Direct the discussion in plenary session.
c. Ensure the observance of these rules of procedure.
d. Accord the right to speak.
e. Put questions to a vote and announce decisions.
f. Limit the time allowed to speakers.
g. Close the list of speakers.
h. Have at least one year of experience in the Model United
Nations.
i. Call councils to order.
j. Reserve the right to delegate the execution of the above to
any Vice President.
40
Rule 7
The President of the General Assembly shall not vote unless there is a
tie.
Rule 8
The PRESIDENT OF THE SECURITY COUNCIL – The President of the
Security Council shall be elected by a majority of members of the
Conference with one vote per delegate. The election shall be for the
following year’s assembly.
Rule 9
The President of the Security Council and the Security Council Liaison
shall act in the capacity of Secretariat for all meetings of the General
Assembly members and shall be responsible for advanced notice of
sessions, reports of committees, and all documentation.
Rule 10
LANGUAGES – The model session shall be conducted English. No
interpretation will be provided by the organizers of the model session.
However, any participant wishing to address the session in another
language may do so, provided he/she brings his/her own interpreter.
Rule 11
A majority of the members of the General Assembly shall constitute a
quorum in the Plenary session, Sub-committee and Committee
meetings.
Rule 12
No representative may address the General Assembly members during
plenary, sub-committee or committee meetings without having first
obtained the permission of the President of the General Assembly,
presiding Vice President, or the committee chairman. Members signify
their desire to speak by placing their names on a speaker’s list, or in
general debate, by raising their placard. A member may not speak if
his/her remarks are not pertinent to the subject under discussion.
Rule 13
The President of the General Assembly, any presiding Vice President,
Sub committee or Committee chair may limit the time to be allowed
for speakers in their respective sessions. Speakers must limit their
remarks to the time allocated and will be called out of order if they
speak beyond their allotted time.
Rule 14
RESOLUTIONS AND AMENDMENTS – Resolutions and amendments
may be introduced orally, but a written copy must be given in the
proper form to the President of the General Assembly, Vice President,
or President of the Security Council, who shall make the members
aware of the contents. Any Presiding Officer, in any given session, may
set deadlines for the submission of amendments on any items. All
General Assembly resolutions shall be placed in committees according
41
to contents. Amendments may be proposed in sub-committees and
committees only.
Rule 15
The decision to refer a resolution to committee for amending is at the
discretion of the Chair.
Rule 16
WITHDRAWAL OF MOTIONS – A motion may be withdrawn by its
sponsor at any time before voting on it has commenced. Any member
may reintroduce a motion, which has been withdrawn.
Rule 17
RECONSIDERATION OF RESOLUTIONS – When a resolution has been
adopted or rejected, it may not be reconsidered unless the General
Assembly, by a two-thirds majority of countries represented and
voting, so decides. Permission to speak on a motion to reconsider shall
be according to one pro and one con.
Rule 18
CLOSURE OF DEBATE – During the discussion of any matter, a
representative may move for adjournment of debate. Two
representatives may stand in favor of, or two against, the motion for
closure of debate. The motion shall then be immediately put to vote
(two-thirds vote required).
Rule 19
SUSPENSION OF ADJOURNMENT OF THE MEETING – At any time, a
representative may move the suspension of adjournment of the
meeting. Such a motion shall not be debated, but shall immediately be
put to a vote. The President of the General Assembly or committee
chairman may refuse to entertain such a motion if he/she feels it will
prevent the meeting from completing its work.
Rule 20
ORDER OF PROCEDURE MOTIONS – The following motions shall have
precedence over all other proposals in the following order:
a. To suspend the meeting
b. To adjourn the meeting
c. To close the debate
Rule 21
VOTING – Each member nation of the General Assembly shall have
one vote.
42
Rule 22
Representatives shall normally vote by voice vote or by standing. Any
presiding officer may call for a roll call vote, but no roll call votes will
be taken on the following:
a. Procedural questions
b. In the plenary on resolutions already voted on in the main
committees
Rule 23
CONDUCT OF VOTING – After the President of the General Assembly,
presiding Vice President, or Committee Chair has announced the
beginning of voting, no representative shall interrupt the voting.
Members may be permitted to explain their votes after the voting; the
President of the General Assembly or committee chairman may limit
the time to be allowed for such explanations.
Rule 24
IN COMMITTEE – When an amendment is moved to a resolution in
committee, the amendment shall be voted on first. When two or more
amendments are moved to a resolution, the committee shall vote first
on the amendment furthest in substance removed from the original
resolution, then on the amendment next furthest removed therefrom,
and so on. Where, however, the adoption of one amendment
necessarily implies the reflection of another amendment, the latter
amendment shall not be put to a vote. A motion is considered an
amendment to a proposal if it adds to, deletes from, or revises part of
that resolution.
Rule 25
A motion to suspend the rules requires a two-thirds majority vote.
Consideration of the motion will be at the Chair’s discretion.
Rule 26
Two members of each country’s delegation must be present in all
committee meetings and the Plenary session. Countries failing to
adhere to this are subject to suspension of voting rights and/or
expulsion.
Rule 27
All country delegations must be present at all scheduled Model United
Nations functions.
43
SECURITY COUNCIL
OVERVIEW
The Security Council Component at the YMCA Model United Nations
conference is extremely competitive. It requires a higher level of knowledge
and understanding of how the United Nations as a whole operates. For this
reason, the following restrictions have been put in place:
With respect to leadership and members:
o Anyone running for Security Council President MUST have at
least one year of experience as a Security Council Delegate.
(Service on the SC simultaneously in the election year is
sufficient)
o Those seeking a seat on the SC must have one year of prior
experience in the MUN program.
With respect to research:
o Security Council Delegates must write a unique position paper
concerning a matter of international concern. The SC member
will determine, using issue research, how her/his national
character would respond to the assigned issue.
o All Security Council Delegates MUST submit research in the
form of position papers.
The requirement for prior MUN experience is meant to ensure that all those
on the Security Council and those presiding over it will be prepared for and
can easily adjust to the more complex procedure and depth of discussion
that are not always common procedure in the larger and broader General
Assembly. The SC atmosphere might intimidate freshmen with no prior MUN
experience.
By assigning world conflicts to different SC nations at random, the relevant
issues actually facing the Security that are not usually discussed in our
media will be addressed, and participants will garner a more realistic
Security Council experience at the conference. Security Council delegates
will emerge with a thorough understanding of Council procedure as well as
the beliefs and policies of their nation.
44
BACKGROUND AND FUNCTIONS
OF THE SECURITY COUNCIL
The Security Council has primary responsibility, under the Charter, for the
maintenance of international peace and security. It is so organized as to be able to
function continuously, and a representative of each of its members must be present at
all times at United Nations Headquarters.
When a complaint concerning a threat to peace is brought before it, the Council's first
action is usually to recommend to the parties to try to reach agreement by peaceful
means. In some cases, the Council itself undertakes investigation and mediation. It
may appoint special representatives or request the Secretary-General to do so or to use
his good offices. It may set forth principles for a peaceful settlement.
When a dispute leads to fighting, the Council's first concern is to bring it to an end as
soon as possible. On many occasions, the Council has issued cease-fire directives which
have been instrumental in preventing wider hostilities. It also sends United Nations
peace-keeping forces to help reduce tensions in troubled areas, keep opposing forces
apart and create conditions of calm in which peaceful settlements may be sought. The
Council may decide on enforcement measures, economic sanctions (such as trade
embargoes) or collective military action.
A Member State against which preventive or enforcement action has been taken by the
Security Council may be suspended from the exercise of the rights and privileges of
membership by the General Assembly on the recommendation of the Security Council.
A Member State which has persistently violated the principles of the Charter may be
expelled from the United Nations by the Assembly on the Council's recommendation.
A State which is a Member of the United Nations but not of the Security Council may
participate, without a vote, in its discussions when the Council considers that that
country's interests are affected. Both Members of the United Nations and nonmembers, if they are parties to a dispute being considered by the Council, are invited to
take part, without a vote, in the Council's discussions; the Council sets the conditions
for participation by a non-member State.
The Functions and Powers of the Security Council
Under the Charter, the functions and powers of the Security Council are:
• to maintain international peace and security in accordance with the principles
and purposes of the United Nations;
• to investigate any dispute or situation which might lead to international friction;
• to recommend methods of adjusting such disputes or the terms of settlement;
• to formulate plans for the establishment of a system to regulate armaments;
• to determine the existence of a threat to the peace or act of aggression and to
recommend what action should be taken;
• to call on Members to apply economic sanctions and other measures not
involving the use of force to prevent or stop aggression;
• to take military action against an aggressor;
• to recommend the admission of new Members;
• to exercise the trusteeship functions of the United Nations in "strategic areas".
45
ICJ: A LAYMAN’S EXPLANATION
by Christopher Schuller
ICJ President 2002, 2003
The International Court of Justice, located in The Hague,
Netherlands, is the judicial arm of the United Nations. U.N.
member states bring their disputes before the ICJ, whose
jurisdiction is dependent on both states' prior acceptance of
whatever verdict the court delivers.
The ICJ does not try war criminals; rather, it resolves what we
might call 'civil' disputes in an American trial court: it settles
border disagreements, assesses fault for breaches of treaties,
and arbitrates questions of interpretation of international law
between member states.
In these proceedings, the "Applicant" (plaintiff) and "Respondent"
(defendant) each submit their written pleadings, Memorials and
Counter-Memorials, respectively, in advance of actual written
arguments before the court.
The Court also serves as a judicial advisory body to the General
Assembly and Security Council, both of whom may ask the Court
for Advisory Opinions regarding specific GA or Security Council
resolutions' compliance with the U.N. Charter.
In order to be a part of the ICJ, lawyers must draft briefs prior to
the conference. Cases will be sent after students have registered
for the ICJ component. First year students may serve as lawyers
on the court. Officers in the court must have served at least one
year as a lawyer on the ICJ. These officers are chosen within the
ICJ component. The U.N.'s ICJ consists of thirteen Justices, a
President, and a Vice-President.
46
A GUIDE TO THE YMCA MUN
INTERNATIONAL COURT OF JUSTICE
In the International Court of Justice component of Model United Nations, you and a
partner will argue a real-life case before a bench of fellow high school students
serving as justices. The below guide is meant to assist you as you prepare the oral
and written components of this conference experience.
Memorials and Counter-Memorials
What is a Memorial or Counter-Memorial?
• Memorials and counter-memorials are the written basis for arguments UN
member nations make in the International Court of Justice (ICJ).
• Both have essentially the same form (see style and organization instructions
below and in memorial/counter-memorial template) and are distinguished
only by which nation is submitting one of these documents.
When do we write a Memorial or Counter-Memorial?
• Remember that in the Model UN ICJ, each legal team will represent both
sides in a case. Given this, each team must submit both a memorial and a
counter-memorial for the case they are given in advance of the conference.
• Each team will write a memorial for when it presents as the applicant and a
counter-memorial for when it presents as the respondent.
• The applicant is the nation bringing the dispute or claiming a breach of
international law, while the respondent is the nation against which the claim
is being brought.
• Example: Portugal v. India – The applicant is always listed first, and the
respondent is listed second. In this case, Portugal is the applicant, and India
is the respondent. Thus, Model UN legal teams preparing for this case would
write a memorial for when they are representing Portugal and a countermemorial for when they are representing India.
How should we organize our Memorial/Counter-Memorial?
• IMPORTANT: DO NOT PLAGIARIZE
• In most cases, the memorials and counter-memorials used in the real cases
are available online. While these are useful resources, you MAY NOT copy
them in whole or in part. The justices will be familiar with the actual
memorials and counter memorials and will detect any copied sections.
• Your memorial/counter-memorial should have a heading that includes the
names of those arguing the case, the country you represent, your school,
whether the document is a memorial or counter-memorial, and the name of
the case (i.e. Gabčíkovo-Nagymaros Project (Hungary v. Slovakia)). See the
memorial/counter-memorial template for more details.
• You should continue by providing a “Statement of Fact” that discusses the
factual and objective aspects of the case. Again, with this and subsequent
bullet points in this section, refer to the memorial/counter-memorial
template for full details.
47
•
•
•
•
•
Follow that with a list of citations of the international law, treaties and UN
Charter sections that you will use in your argument. Beneath each citation,
briefly summarize the content of each law, treaty, Charter section, etc.
Next, make your argument. Here, you should use the facts and pertinent
legal documents to present the case from the perspective of the nation on
behalf of which you are presenting. This is not a script for your oral
presentation, as you will not be allowed to read from your memorial/countermemorial during your oral arguments. Rather, the written argument should
be the framework off which your oral argument is based.
After your written argument, briefly describe in the submission section what
specific findings you hope the Court will reach, using the format provided in
the template.
Be sure to sign your memorial/counter-memorial where indicated in the
template
Once you have finished your memorial/counter-memorial, go back through
the template to ensure you have replaced all of the italicized sections with
the information appropriate to your country.
Inside the Courtroom: Just Observing
How should we spend our time if we are not presenting?
• If your case is not scheduled first on the docket (the docket is the list of the
cases in the order the Court will hear them), you should take every
opportunity to observe other cases.
• Observing other cases will allow you to learn from the successes and
mistakes of other teams.
• Observing will also allow you to get a sense of what types of questions the
justices will ask and how the Court operates.
• The justices will appreciate your attention to the arguments and critiques of
other teams.
What is the courtroom decorum?
• Inside the courtroom, you are expected to comply with all of the rules
outlined in the Delegate’s Code of Conduct.
• Communication with fellow delegates or advisors is allowed but should be
kept as quiet as possible.
• Cases can last fewer than fifteen minutes or nearly two hours. If you must
leave during the case, both the Court and the presenting team would be
appreciative if you waited for a lull in the proceedings.
Inside the Courtroom: Presenting Your Case
How does the Court hear cases?
• Each legal team must consist of no more and no fewer than two lawyers
• Teams presenting before the Court will be divided into two divisions:
advanced and novice. This ensures those presenting for the first time will
only argue against fellow first-time presenters, while those with prior Court
experience at Model UN or Youth in Government will be able to argue against
similarly experienced teams.
• The Court begins hearing a case by allowing the applicant thirty minutes to
present its oral argument.
48
•
•
•
•
•
The respondent will receive thirty minutes to present its oral argument once
the applicant has concluded and the President of the Court has instructed the
respondent to begin.
Either side may ask for additional time if their presentation extends beyond
thirty minutes, but such time will only be granted at the discretion of the
President.
While few delegates ever use the entire thirty minutes, applicants and
respondents should strive to speak for at least ten minutes. The substance
of the presentation, however, is much more important than its length.
At any time during oral arguments, a justice may interrupt the delegates with
a question. The time used by a justice asking a question and by a legal team
responding to a question will not count against the time allotted to that team
for oral arguments.
Maps, posters or copies of legal documents may be used and are encouraged
as ways to supplement your oral argument. To use these aides, make copies
in advance and approach the Court Liaison regarding their submission prior
to your scheduled case time.
What should we do (and not do) when we are presenting our oral argument?
• The first thing to do is relax. If you have researched the case thoroughly,
you should be able to deliver a compelling argument and answer any
questions posed by the justices.
• Oral argument is not synonymous with memorial/counter-memorial. Do not
read from your memorial/counter-memorial. If you do, the justices will stop
you.
• Begin your oral argument by greeting the Court. The following would be an
appropriate introduction:
o “Good morning/evening Mister/Madame President, members of the
International Court. My name is Tony Blair and my fellow delegate is
Gordon Brown. We represent the United Kingdom and are here to
argue as the applicant in the case of the Ariel Incident of 27 July 1955,
United Kingdom v. Bulgaria.”
• From your introduction, proceed to describe the facts of the case and the
international laws and treaties your nation believes to be applicable.
• Your argument must be based on international law. An applicant or
respondent that simply presents the facts will likely not win the case.
• If you are the applicant, attempt to predict the argument of the respondent
and explain why that argument should not be accepted.
• If you are the respondent, take notes during the applicant’s oral argument
and be prepared to rebut the points made in it during your oral argument.
• Conclude your argument by detailing exactly what your nation wants the
Court to find in its decision.
• For your conclusion, use language such as: “We hope the Court will find
that…”
• Justice Questions: When the justices interrupt you with a question (they
almost always will), do not lose composure. A question from a justice does
not mean that you have made an incorrect statement or that your argument
is flawed. Often, justices seek only clarification. At other times, justices
may ask about an aspect of the case that you intend to address later in your
oral argument. If a justice makes such a query, you may inform the justice
of this and ask if you may discuss it at the later point. If you do not know an
answer and do not believe you will be able to find one in a timely manner,
49
•
•
•
simply say you are unsure and ask the questioning justice if you may
proceed. The justices will appreciate your honesty. In some cases, a justice
may ask you a question to assist you in your argument. If you are familiar
with the case, you should be able to detect when a justice is trying to help
steer you back on course.
When addressing the Court President, use the phrase “Mister/Madame
President…”
When addressing a justice, use the phrase “Justice (last name of justice)…”
Placards will be placed on the bench so you know the names of the justices
Resources
Where can we find information about our case?
• The United Nations website (www.un.org) can provide you with a
tremendous amount of information for your memorial/counter-memorial and
oral argument.
• All delegates, especially those arguing before the Court, should be familiar
with the United Nations Charter.
• Information on specific cases is available on the ICJ section of the UN
website. This link will take you to a chronological listing of all ICJ cases:
http://www.icj-cij.org/docket/index.php?p1=3&p2=2
• Click on the “More…” link beneath a case to see a summary, rulings (where
available), the actual memorial and counter-memorial and more.
• IMPORTANT: Although the International Court of Justice has already ruled on
some of the cases that will be argued at the conference, the Model UN ICJ
will hear each case as if no ruling has yet been issued. Rulings, therefore,
should not be used as evidence at Model UN.
• If you are having trouble understanding your case, or if you have questions
about Court procedure, you may feel free to contact me at:
[email protected] or (901) 569-0035
I hope this guide will be an asset when you research and prepare your case. I wish
you the best of luck at the conference! If you will be at Conference B, I look
forward to meeting you and assisting you over the course of the weekend.
-Charlie Crawford
President, International Court of Justice (2003, 2004, 2005)
Component Leader ICJ (2006-2011)
50
TEMPLATE FOR
MEMORIALS AND
COUNTER-MEMORIALS
Use this template when writing your memorial and counter-memorial.
Fill the portions in parentheses with the information appropriate to
your case. Please remove the parentheses before submitting your
memorial/counter-memorial.
51
International Court of Justice
(APPLICANT COUNTRY NAME)
APPLICANT
VS.
(RESPONDENT COUNTRY
NAME)
RESPONDENT
(NAME OF PRESIDENT)
PRESIDENT OF THE
INTERNATIONAL COURT OF
JUSTICE
(FIRST LAWYER’S NAME)
(SECOND LAWYER’S NAME)
REPRESENTING
(LAWYERS’ COUNTRY)
(LAWYERS’ SCHOOL)
NAME OF CASE
example: GABČIKOVO-NAGYMAROS PROJECT (HUNGARY v. SLOVAKIA)
(MEMORIAL / COUNTER-MEMORIAL) OF (APPLICANT / RESPONDENT)
52
TABLE OF CONTENTS
I. STATEMENT OF FACT
II. LEGAL CITATIONS
A. (IN THESE SUBSECTIONS, LIST THE INTERNATIONAL
LAW, TREATIES AND/OR UN CHARTER SECTIONS THAT
YOU WILL BE USING TO ARGUE YOUR CASE)
III. WRITTEN ARGUMENT
A. (OUTLINE YOUR ARGUMENT IN THESE SUBSECTIONS)
IV. CONCLUSION
V.
SUBMISSION
53
SECTION I:
STATEMENT OF FACT
(Discuss the factual and objective aspects of the case in this
section. Do not present an argument here. This section should
demonstrate your familiarity with the background information. The
information here should be presented in narrative, not bullet form. You
should use this information and the international law you cite in
Section II to make an argument for your side in Section III.)
54
SECTION II:
LEGAL CITATIONS
•
(International Law/Treaty/UN Charter Section)
•
(International Law/Treaty/UN Charter Section)
•
(International Law/Treaty/UN Charter Section)
•
(International Law/Treaty/UN Charter Section)
•
(International Law/Treaty/UN Charter Section)
•
(International Law/Treaty/UN Charter Section)
55
SECTION III:
WRITTEN ARGUMENT
(Compose your written argument using formal writing here. Do
not use bullet points to make your argument. You should cite both the
facts of the case and pertinent international law/treaties/UN Charter
sections to support your claims and make a convincing case. This
section should generally be at least two pages in length. It should be
broken into the sections you outlined in your Table of Contents, and
you may include subheads if you wish. Your oral arguments should be
based off, but not identical to, this section)
56
SECTION IV:
SUBMISSION
On the basis of the argument and facts set out above, (YOUR
COUNTRY’S NAME HERE) respectfully requests that the Court adjudge
and declare that the interpretation of the case at bar of (YOUR
COUNTRY’S NAME HERE) is correct and binding. Specifically, (YOUR
COUNTRY’S NAME HERE) requests that the Court find (briefly complete
this sentence by summarizing specifically how you wish the Court to
rule).
(Capital of Your Country, Date of the Actual Case)
(First Lawyer’s Name)
Agent of (Your Country’s Name)
(Second Lawyer’s Name)
Agent of (Your Country’s Name)
57
Sample Position Papers
Model United Nations
YMCA of Middle Tennessee
Center for Civic Engagement
58
Canada
1. For much of the history of armed disputes and combats in the embattled regions of the
world, children (sometimes as young as or younger than fifteen years old) have been
used as soldiers in various governmental or nongovernmental armies and other rebel
groups and warring factions. This is damaging and severely detrimental to the
physical and mental health and development of all the children involved. Children
used as soldiers do not have enough mental strength to fight in a war let alone kill
somebody. Children need to be cared for growing up and these armies and their fellow
soldiers are not providing that care. Children need to be taken out of all armies
immediately or else the world will see more trouble and pain than it already sees on a
daily basis. Fighting a war with children is wrong. Quite frankly, the battlefield and
heat of war is no place for a child to grow up.
Children have been forced to join armies and participate in combat situations for a
while. They have been forced by recruiting groups and governments through various
methods. They have been kidnapped, lured with promises of better things for
themselves and the families, persuaded by threats against their friends and family, and
many other ways. They have also been forced by themselves to join. They join
because they feel they must avenge themselves for the death of a family member,
loved one, or friend. One definition of the verb force is to compel, contain, or oblige
(oneself or someone) to do something (Force). Even though it seems as if they are
volunteering, they are in concurrence with aforementioned definition and are therefore
being forced to join the army of their nation or an independent rebel faction.
In Angola, war between the armed forces of the governing Movimento Popular de
Libertacao de Angola (MPLA) and the rebel Uniao Nacional para a Independencia Total
de Angola (UNITA) has been ongoing for years. In a study, the Human Rights Watch
(HRW) discovered that both the MPLA and UNITA have been engaged in the unlawful
practice of kidnapping children for their armies. They lied to the people of the
community, making up various stories of why they were taking the children away from
their families. However, the MPLA and UNITA are not the only groups involved in such
an illegal practice. The same thing has been showed to have been happening in
Burma, El Salvador, Ethiopia, Liberia, Mozambique, Peru, and Sudan. This forced
recruitment directly violates Article 4(3) of the Optional Protocol II to the Geneva
Conventions which states children who have not attained the age of fifteen years shall
neither be recruited in the armed forces or groups nor allowed to take part in hostilities
(Human Rights Watch). These violations will not stop unless direct action is taken
against the offenders and help is offered to the children who want to accept it. The
history of using children in combat is oftentimes gruesome and unfair to the children.
The Spanish philosopher and novelist George Santayana wrote in The Life of Reason,
Volume I: Reason in Common Sense, Those who cannot remember the past are
condemned to repeat it. This quote accurately describes the scenarios involving
children in combat.
59
In 1994, the sixth Secretary-General of the United Nations, the Egyptian Boutros
Boutros-Ghali, appointed Graa Machel, widow of the President of Mozambique, to head
a comprehensive study on the impact of armed conflict on children. In the autumn of
1996, Mrs. Machel made her final presentation. Her presentation and study looked at
and made recommendations for the ending of children in armed conflict, the
differences of genders as a tool of war, and other areas of children soldiers lives.
While child soldier numbers have begun to slowly decline, the United Nations estimated
that 250,000 children were still actively involved in armed combat. The numbers are
slowly falling as time goes on, but there is still much we can do to make sure that the
number falls to even lower terms.
The United Nations has many resources at its disposal to help the children in the
ghastly predicaments they face repeatedly. The United Nations Human Rights Council
(UNHRC) is an inter-governmental body and subsidiary of the General Assembly of the
United Nations. The successor of the United Nations Commission on Human Rights
(UNCHR), the UNHRC was created by the adoption of a resolution (specifically,
A/RES/60/251) on the fifteenth of March in 2006. It is tasked with the maintaining of
human rights on various tasks including (but not limited to) torture, adequate housing,
and the sale of children. The Special Rapporteur on the sale of children, child
prostitution and child pornography is one of the primary persons that is involved with
children in combat. Other organizations, not necessarily pertaining to the United
Nations, also deal with children in combat. The HRW (mentioned above) also works
closely, conducting studies and helping children facing difficult situations. We have the
resources to help these children who are facing difficult situations. If we utilize these
boundless resources to the best of their ability and if we apply in them the correct
ways in the correct situations, we can help alleviate the horror facing children in
embattled countries, who have been forced to serve (whether by someone else or by
themselves) in armies that face dangerous situations every day. We have the
resources. We can help.
The safety of children is jeopardized on the battlefield every single day that they fight.
Children are not getting enough care for their development (mentally, physically, and
socially). Mentally, these children are being damaged. This damage will last a
lifetime. Some of the most seasoned veterans are damaged by what they see in war,
and children as young as fifteen are being subjugated to the horrors of war.
Physically, these children are unfit to carry heavy weaponry and are not receiving
proper care. It is the responsibility of the United Nations to work to prevent these
children from being involved in warfare in their respective countries. The United
Nations should strive to make the world a better place for everyone, and we can help
these children by preventing them from being used as soldiers.
We, the delegation of the Dominion of Canada, representatives of the citizenry thereof,
do hereby declare that our country will support any resolution or act of help to the
children involved in warfare around the globe. We will support any measure
considered by any group within the United Nations or the governments of nations to
60
prevent children from being exposed to the battlefield at an early age. Our delegation
takes this issue to heart, and we will help and concur in any way that we can. It is our
privilege to serve in such prestigious bodies of world government like the United
Nations. It is our responsibility to be of assistance to any child anywhere in the world
who is in need of assistance, and we are proud to be able to be able to have the
opportunities to do so
Sources:
1. Force. Def. 18. Random House Dictionary. 2011 ed. 2011. Dictionary.com. Web.
30. Sept. 2011. <http://dictionary.reference.com/browse/force>.
2. Human Rights Watch. Children in Combat. Childrens Rights Project 8.1 (1996): n.
pag. Human Rights Watch. Web. 30 Sept. 2011.
<http://www.hrw.org/reports/pdfs/c/crd/general1961.pdf>.
3. Santayana, George. Quote. Wikiquote. Web. 30. Sept. 2011.
<http://en.wikiquote.org/wiki/George_Santayana#Vol._I.2C_Reason_in_Common_Sen
se>.
4. Stanford University. Children in Combat. Stanford University Events Calendar.
Stanford University, 14 Mar. 2007. Web. 30 Sept. 2011.
<http://events.stanford.edu/events/106/10676/>.
5. Wikipedia. United Nations Human Rights Council. Wikipedia. Wikimedia
Foundation, Inc., 20 Sept. 2011. Web. 30 Sept. 2011.
<http://en.wikipedia.org/wiki/United_Nations_Human_Rights_Council>.
2. Globalization is a highly debated issue and one that many Canadians, such as other
global citizens, have strong concerns about. As David Kilgour, a profound member of
Parliament put it, the main challenge to globalization is not to decide whether
globalization is good or bad, but rather to ensure that a walled-down world provides
more fulfilled lives for people everywhere. However, unfortunately, the reality of a
truly border-less world appears to be more of a work of fiction. Part of the problem
with globalization is the general connotation of a hungry entrepreneur scouring for
profits across the globe. But Canada, a country generally known for friendly relations
with other countries, faces the prospect of truly being a leader in the effort for
globalization. How will Canada respond?
The question, though, is if Canada is really ready for the tide of globalization. Over the
past 15 years, we have seen trade and foreign policies from Canada do a great deal to
promote a sort of global identity. However, Canada’s main problem is the fact that its
economy is nowhere near large enough to have a profound presence in the world especially compared to the neighboring United States. Very few products, on a global
scale, are manufactured in Canada. Most of Canada’s top exports are natural resources
such as liquid natural gas - and the majority of those exports stay in North America.
While Canada is making great strides in its foreign relations, the threat of globalization
stands to weaken the Canadian identity overall
61
Many economists argue that the first step to increasing Canada’s role in globalization is
to first strengthen the Canadian economy and produce more products within the
country. Canada must establish a little more independence from the United States - as
Gabrielle Grey stated in 2001, Canada rides on the coat tails of the American economy.
So, until Canada is able to produce this sort of individualism, it appears that the
country’s role in globalization may be severely limited.
While the Canadian government will remain watermarked by its general positive global
relations, the Parliament of Canada will continue to steer clear of the concept of
globalization for the time being. As a country, a borderless world still does not serve to
greatly contribute to Canada. However, if Canada’s economy was to increase
sufficiently in the next 20 years, we may again witness a greater strive for a global
community. Until then, Canada remains perfectly situated in its rather consistent
policies on foreign trade
3.
The Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency
Syndrome (AIDS) have plagued the people of the world for much of history. The
highest of these disease rates is on the continent of Africa. Adults (men and women
alike), and even children are infected, live with, and sometimes die from HIV/AIDS.
The disease can be transmitted in many ways. The virus weakens the victim’s immune
system and makes them susceptible to other diseases, which might kill them if they
are virulent enough. It weakens the resolve of the individual and shatters the unity of
a village or community. When one person is infected with HIV/AIDS, everyone around
them suffers.
The virus traces backs all the way into the late nineteenth century. This is the
approximate era that humans estimate that HIV (which causes AIDS) was transferred
to humans. From this point in the virus history, we jump to the 1970s. During this
time, the virus enters the United States. Doctors in Africa, where HIV has been
prevalent for many years, has seen a rise in opportunistic infections, or other diseases
such as tuberculosis and influenza, attacking the immune system of infected persons.
These opportunistic infections often killed HIV positive people.
In the front of science and technology, doctors remained ignorant of a growing
epidemic of the virus. The reasons for their ignorance isn’t exactly clear, but it is
known that this ignorance set medicine back a long way. It wasn’t until 1982 that the
term Acquired Immunodeficiency Syndrome (or AIDS) was termed. From this point
on, the field of science made many breakthroughs in the concern of HIV/AIDS.
Scientists determined that the root cause of AIDS was infectious and eventually
narrowed a list of mediums through which the virus could be transferred. In 1987,
scientists were successful in creating a medication for the treatment of HIV/AIDS
called AZT.
62
As of the end of 2009, the Sub Saharan region of Africa was the worst for the rate of
people living with HIV/AIDS. The global total of children and adults living with the
virus is a staggering 33.3 million (22.5 million of which live in Sub Saharan Africa).
2.6 million adults and children were newly infected with HIV/AIDS by the end of 2009.
The virus is one of the worst of its kind, and in 2009 1.8 million people lost their life to
the virulent strains of HIV/AIDS (again most of them living in Sub Saharan Africa).
The virus has an effect on the way children in poorer parts of the world develop. For
the purpose of this statistic, an orphan is defined as a person aged 0 to 17 who lost
one or both parents or guardians to HIV/AIDS. The global total for orphans was 6.6
million.
The trend of people living with the disease has rapidly increased. At one point in the
late twentieth century, only about 8 million people lived with HIV/AIDS. That number
rapidly grew to the 33.3 million figure as mentioned above. HIV/AIDS has a strong
tendency to increase in number the people who have to live with it, and with each and
every one of those people, the disease complicates their lives beyond imaginable
Various reactions arose to the epidemic of the disease. On a national level, the United
Kingdom and the United States were the first to make something happen to help with
HIV and AIDS. Community organizations in both countries began to promote safer sex
practices among gay men (seeing as the primary infected peoples were homosexual
men at the time). The next national response came in the form of the worlds first
needle exchange program in 1984 that was set up in Amsterdam, the Netherlands.
From then on, countries began to raise awareness to the problem posed by the
diseases and how an individual could help prevent this spread. These programs came
in the form of safer sex practice education to prevention programs. It wasn’t until
1994 that the first global response to the epidemic came.
A resolution within the United Nations Economic and Social Council created the Joint
United Nations Programme on HIV/AIDS (which is often shortened to UNAIDS).
UNAIDS wasn’t launched until 1996.
Michel Sidib is the current Executive Director and Under-Secretary-General of the
United Nations. He took these posts on January 1, 2009. Mr. Sidib took over the
leadership of UNAIDS from Belgian Peter Piot.
The Joint United Nations Programme on HIV/AIDS has stated their mission as being
aimed to help lead, strengthen, and support the response to the disease. They provide
care and support to those already living under the burden of the Human
Immunodeficiency Virus. Their stated goals are reducing the sexual transmission of
the disease, ending vertical transmission, preventing HIV among Injection Drug Users
(IDU). They also want to make treatment more accessible in heavily impacted regions
of the world. Protecting the vulnerable and strengthening the resolve of women and
63
children, while stopping violence, is another stated goal. One of the last goals of
UNAIDS is to end punitive laws.
UNAIDS is headquartered in Geneva, Switzerland. It has ten co-sponsors, which
include the World Health Organization (WHO), the United Nations Childrens Fund
(UNICEF), and the World Bank. The Joint United Nations Programme on HIV/AIDS is
the primary agent for the global reaction to the diseases.
HIV/AIDS are very destructive and a growing concern to the global community. People
in every part of the world are affected in negative ways by these horrible diseases and
their slew of complications. People in the poorest regions of the world are helpless
against the fight for the health, and so it is the responsibility and duty of the United
Nations to uphold the values of the global community and help out in any way
possible.
We, the delegation of the Dominion of Canada, representatives of the citizenry thereof,
do voice our concern to the global community of the growing epidemic of the spread of
Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome. We also
pledge our country’s full support in any measure to help the prevention of the disease
epidemic or to further the goals of UNAIDS.
Sources:
1. AVERT. "AIDS Timeline." AVERT. AVERT, 2011. Web. 29 Sept. 2011.
<http://www.avert.org/aids-timeline.htm>.
2. AVERT. "Worldwide HIV & AIDS Statistics." AVERT. AVERT, 2011. Web. 29 Sept.
2011. <http://www.avert.org/worldstats.htm>.
3. UNAIDS. UNAIDS. Joint United Nations Programme on HIV/AIDS, 2011. Web. 29
Sept. 2011. <http://www.unaids.org/en/>.
4. Wikipedia. "Joint United Nations Programme on HIV/AIDS." Wikipedia. Wikimedia
Foundations, Inc., 27 Sept. 2011. Web. 29 Sept. 2011.
<http://en.wikipedia.org/wiki/UNAIDS>.
4. Canada’s space program was founded back in 1989. But even before then, the country
has participated in efforts to call for a peaceful use of Space. Canada currently stands
as one of the 67 member nations of the United Nations Committee on the Peaceful
Uses of Outer Space. Founded back in 1958, Canada became one of the the first nation
to join the COPUOS. The committee works to enact and promote various treaties and
agreements on the fair usage of outer space. The first being the Outer Space Treaty.
Canada is currently one of the 98 nations to have both signed the treaty and ratified it.
In addition, Canada has stood with the UN on its Rescue Agreement, pledging its
support to contribute resources to the saving of stranded astronauts. Canada first
signed the agreement back in 1968 and has stuck with the agreement ever since. In
addition, Canada has ratified the Liability Convention - a treaty that forces nations to
take responsibly for damages caused by their space crafts. To date, Canada is one of
the few nations to have ever been affected by this treaty. In 1978, a United States
64
satellite crashed in the country, causing no real damaging effects. The event never led
to an organized claim under the treaty, but it was the first instant to provide substance
to the treaty. Canada has also signed and ratified the UNs Registration Convention.
The agreement calls for the United Nations to be informed of orbits of all space objects
- as result of a 1962 resolution. Canada has remained in compliance with this
agreement to date. The only one of the 5 main space treaties that Canada has not yet
signed is the Moon Treaty. The 1984 resolution has only been signed by 13 nations,
and Canada has decided to abstain from the treaty as of now. The agreement calls for
jurisdiction of the moon and other heavenly bodies to be left up to the international
community. As there is currently no pressure to sign it, Mexico remains as the only
western country to have ratified the treaty. Canada has remained compliant in all
practical efforts for safe space usage over the past 50 years. As the prospect of space
colonization begins to surface, the Canadian space program will remain a valuable ally
in that talk, as it has in the formation of the International Space Station. While many
treaties passed in the UN serve to a future scenario, Canada continues to support the
efforts of a cooperative space usage. In the years to come, it is safe to say that the
nation will remain supportive in ongoing UN initiatives involving outer space.
65
Swaziland
1. I. A big problem in Swaziland today is its relaxed standards in disarmament and
weapon management. Disarmament means the act of reducing or depriving of arms, or
the removal of weapons from a person. The estimated number of privately owned
weapons in Swaziland is 72,000 out of a population of 1,354,051. In comparison to the
number of firearms in 174 countries, Swaziland ranks 144th. Though firearm exports
are limited by transfer control laws, the activities of arms brokers are not specifically
regulated by law. Therefore, people in Swaziland are free to buy and sell weapons. A
good law they have regulating firearms is that in Swaziland, it is required that a record
of the possession and transfer of each firearm held privately be retained in an official
register. However, law does not require an identifying mark on each weapon. The lack
of recognized arms tracing and tracking could result in the fail of finding murderers.
The number of gun related homicides in 2004 were 384, which have gone down
gradually from 1998. Though this number does not seem so large, it has a big impact
on society in Swaziland if 37 of 100,000 people were killed in gun related murders in
2004. Gun control in Swaziland has been weak in the past and needs to be helped.
II. In the past, the United Nations has tried many things to help the weaponry
problems. The Protocol against the Illicit Manufacturing and of and Trafficking in
Firearms, Their Parts and Components and Ammunition has not been signed, therefore
meaning this problem has not been solved. However, in 2009, Swaziland voted to
begin compromises towards a legally binding Arms Trade Treaty, which was a success
with the United Nations. In 2001, Swaziland committed to a compromise decision of
the United Nations to support the UN Program of Action to Prevent, Combat and
Eradicate the Illicit Trade in Small Arms and Light Weapons in all its qualities. Though
the United Nations have tried to help Swaziland in their Armed Weapons problem, it
has not done as much impact in the country as needed.
III. To help the relaxed standards of weapons in the country of Swaziland, we could try
to pass a law in efforts to strengthen the force and organization of arms possession.
This law could enforce the control of the regulation of weaponry in Swaziland. By
adding this control, people would not be able to buy and sell weapons without a
license, and regulations of the use of these weapons would be much better and safer.
This solution would provide a big impact on Swaziland.
IV.https://www.cia.gov/library/publications/the-world-factbook/geos/wz.html
http://www.gunpolicy.org/firearms/region/swaziland
2. I. The small country of Swaziland is located in Southern Africa and is almost entirely
surrounded by the country of South Africa. Due to the extremely small size of the
country, the economy and the nations trade is highly dependent upon its neighboring
country of South Africa. Free Market principles are the strong foundation for the
economy of Swaziland. Most individuals of the country support themselves by
agriculture and rural homesteads. The idea of free market principles is favored by the
66
population because of its modern ideas and techniques. While the country does
support a portion of its economy, it is highly dependent on its trade with its
neighboring country. Swaziland has been a part of the World Trade Organization since
1995. The World Trade Organization is a worldwide organization dedicated to opening
up trade opportunities for countries. In a survey taken in1996, South Africa was
accounted for 96% of the imports of Swaziland, 60% of its exports, and 50% of its
foreign direct investment. Having such a small economy, they are forced to import
many of their goods. Their imports typically outweigh their exports and this is leading
to their countries dept. Trade heavily influences the county of Swaziland’s economy to
a point that the country is almost completely reliant on their trade.
II. Swaziland joined the United Nations in 1968 and since then the United Nations has
worked hard to combat many problems within the country of Swaziland. While they
United Nations has done much to devour the problem of HIV/AIDS and other such
diseases, they have done very little to improve the country’s self sustainability. The
country of South Africa accounts for a good percent of Swaziland’s GDP and therefore
without the neighboring country’s generosity, Swaziland would struggle to survive.
According to the United Nations Development Program, Swaziland’s economy is
unstable due to a poor combination of income and living conditions. Honestly, very
little has been done in efforts to strengthen the economy of Swaziland.
III. In efforts to strengthen the self sustainability of the economy of Swaziland, our
solution would be to encourage the country to being less reliant on South Africa. If
Swaziland could simply rely less on South Africa and move a percent of their imports
to other countries they might be able to being relying on themselves for more. We
could create a committee that would support and encourage the country to start
becoming more self sustainable and eventually lead to an all around stronger
economy.
IV. http://www.nationsencyclopedia.com/Africa/Swaziland-ECONOMY.html
http://www.wto.org/english/thewto_e/whatis_e/who_we_are_e.htm
http://www.undp.org.sz/ http://allafrica.com/stories/201104080803.html
3. I. Swaziland, our country of only 17, 364 square kilometers, is landlocked by South
Africa, and Mozambique, and suffers from lack of available water for drinking and for
irrigating their crops. The only surface water source we have access to is the Lusutfu
and Komati Rivers, and the majority of the water available in Swaziland comes through
ground water and aquifers. 3,000 boreholes have been drilled in Swaziland since 1986
to access this groundwater, although 90% of the community water projects have now
stopped functioning. Many times, the water projects cease to work because the people
placed in charge of them are not educated on how to keep them running. Also, the
pumps for accessing the water from the boreholes are broken, and left unrepaired.
90% of the Swaziland population, mostly rural farmers, depends on that groundwater
for their daily needs. However, water access is first reserved for the few rich and
wealthy of the country. The lack of access to available water also affects the
67
availability for irrigation in a country that relies heavily on its agriculture with
approximately 70% of the population occupied in subsistence agriculture. As of 2008,
only 500 square kilometers of the country were irrigated. With so much water deficit,
the country continues to play host to many tree plantations, which according to the
Swaziland Environment Action Plan (1997), exceed the replenishment of the rate of
groundwater, and cause the surface water of surrounding areas to dry up as well. All
these contributing factors to the lack of available water in Swaziland inevitably cause
drought and a decline in the nutrition and health of our citizens. In a recent drought in
2006 and 2007, more than a fourth of our population depended on emergency food aid
for survival. These issues of water availability also have the potential to negatively
affect the economy, since there have been recent threats of foreign investors pulling
out of Swaziland due to water scarcity issues.
II. In September of 2003, the UN proclaimed 2005 to 2015 as the international
decade of Water for Life. This decade would specifically focus on water-related issues
throughout the world, and also ensure the participation of women in the water-related
development issues. They also launched the Swaziland National Environment Action
Plan in 1997 to unite the country under a single national policy concerning the use and
protection of the environment, including water.
III. The country of Swaziland realizes that the United Nations has launched efforts to
help with the lack of water in countries all over the world. However, Swaziland feels
that more concentrated efforts should be put forth to our country by creating a
committee for the sole purpose of educating and employing workers to maintain and if
needed, repair, existing boreholes used for drinking and irrigation water. Also, since
only 10% of Swaziland’s groundwater has been accessed, this committee would also
send out workers to drill more boreholes.
IV. http://thewaterproject.org/water-in-crisis-swaziland.php
https://www.cia.gov/library/publications/the-world-factbook/geos/wz.html
http://www.wrm.org.uy/countries/Swaziland/Book_Swaziland.pdf
http://www.un.org/News/Press/docs/2003/gaef3068.doc.htm
4. I. With a shaky economy and the falling prices of traditional cash crops such as sugar
and cotton, many of the farmers in Swaziland have turned to cultivating marijuana to
bring in money. Swaziland, with perfect growing conditions for marijuana, is arising as
a major exporter of the crop to the rest of Africa and even Europe and the United
Kingdom. According to the United Nations Office on Drugs and Crime, southern Africa
alone contributed 10% of the annual $142 billion global marijuana trade. The UNODCs
2006 annual drug report identifies Swaziland as one of the main exporters in the
region. The Swazi pot crop brings in much more money for farmers than the traditional
crops do, making it the obvious choice for many citizens. For instance, a 10kg bag of
maize will be sold for about R80 (roughly 11 U.S. dollars), however, a 10kg bag of
marijuana will be sold for about R3,000 (roughly $405) if it is to be distributed outside
Swaziland. According to a study by South Africa’s institute for Security Studies, the
68
Swazi pot crop is playing a significant role in the regional and global criminal networks.
It is usually smuggled to the United Kingdom and Europe via the neighboring countries
of Mozambique and South Africa. The police force in Swaziland has been able to do
very little against the recent growth of the marijuana industry. They have tried to
eradicate the weed by spraying and killing the crops on plantations, but they do not
have enough resources to make a lasting impact. The Swazi farmers know that the
police have a lack of resources, and they continue to grow the marijuana to buy goods
and education for their children. The future of this industry in Swaziland is headed for
exponential growth, and the unequipped Swazi police are helpless. They do not have
the resources to combat the drug problem on their own and although Swaziland
receives very limited anti-drug aid from the U.S., the aid they received from South
Africa has ended due to lack of funds.
II. Swaziland has been an active member of the United Nations since 1968. In
Swaziland, the United Nations is dedicated to improve and enhance the development of
the kingdom. The United Nations has worked hard to improve living conditions as well
as civil rights for each and every citizen of Swaziland. Although the United Nations is
extremely active in the lives of Swaziland’s people, they have done little to nothing to
improve the conditions of marijuana production and growth. Police have said that the
Swaziland Marijuana growers are simply unstoppable. Police have attempted to stop
the growth and export of such an illegal drug, but without and greater force helping
them, they have hardly been able to do anything. The United Nations has improved the
country tons since it first joined, but now bigger problems have arose, such as
marijuana. If the United Nations would simply put aside some of the smaller problems
of Swaziland and take notice of the growth of the production of marijuana, this
problem could be destroyed very quickly.
III. The problem of marijuana in Swaziland needs to be stopped very desperately. One
thing we could do to help this predicament is to ask for money to provide the Swazi
police with enough resources to wipe out the marijuana farms. By doing this, the
marijuana farmers in Swaziland would no longer be able to grow the crops and the
police could eradicate the weed. Though it may be hard, with enough resources to
spray and kill the crops, the marijuana growth could be destroyed. This could be the
one possible solution to the police saying, Swaziland Marijuana growers are simply
unstoppable. With this money from the United Nations for resources, the problem of
marijuana growth in Swaziland could change drastically.
IV.http://stopthedrugwar.org/chronicle/2006/nov/01/africa_marijuana_growing_expan
ds
http://sz.one.un.org/index.php?option=com_content&view=category&layout=blog&id=
172&Itemid=27 http://www.iol.co.za/news/africa/the-weed-that-feeds-tiny-swaziland1.243620
69
Sample Resolutions
Model United Nations
YMCA of Middle Tennessee
Center for Civic Engagement
70
GA/Res/11-1-13
Tennessee YMCA Center for Civic Engagement Model United Nations
GENERAL ASSEMBLY
Sponsor: Saudi Arabia
Delegates: Cassandra Bartels, Charu Dwivedi, Morgan Liverman
Committee: Economic and Financial
School: Martin Luther King Magnet School
Decreasing the National Debt of Saudi Arabia
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
To the General Assembly:
Anxious by the debt increase from 23.8 billion US Dollars in 2002 to 82.92 billion US Dollars in
2010,
Regretting Saudi Arabias decision to invest 500 billion US Dollars towards the development plan of
Abu Dhabi and soon after seeing the plan come to a complete stand still,
Aware of Saudi Arabias recent investment of 155 billion US Dollars to construct social
infrastructures such as educational and health-care related facilities,
Noting with concern, Saudi Arabia is currently ranked forty-fourth most in-debt country out of the
201 nations,
Acknowledging that 80% of Saudi Arabias Gross Domestic Product (GDP) is a result of production
of hydrocarbon receipts,
Recognizing the 8.1 million barrels of crude oil produced each day in Saudi Arabia, the price of a
single barrel being equivalent to 200 US Dollars,
Cognizant that of the 8.1 million barrels of crude oil produced each day in Saudi Arabia 1.164 22
million barrels are sold to other foreign nations.
The Delegation of The Kingdom of Saudi Arabia Hereby:
Proclaims that Saudi Arabia would like to institute a debt/equity swap;
71
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Notes that in a debt/equity swap a transaction takes place in which existing bonds (debt) are
exchanged for newly issued stock (equity);
Declares that for which ever country purchases the Saudi Arabian debt they will in exchange
receive of our daily oil production for 8 months which averages out to a little over what the
country would be purchasing our nations debt for;
Calls upon The United Nations to constitute a committee of financial experts and national
mediators to oversee the transaction between Saudi Arabia and the country that purchases our
debt;
Further calls upon The United Nations to supervise and invest 1 million US Dollars into the
transportation of the oil between Saudi Arabia and the country of purchase;
Draws attention to the fact that countries are NOT required to invest into Saudi Arabias solution to
resolve our nations debt;
Strongly recommends foreign nations to invest in the Saudi Arabian debt/equity swap detecting
that nations world-wide are experiencing crude oil deficiencies;
Further recommends that the United Nations be in favor of our resolution to use a debt/equity
swap to solve our national debt which can be used as a pilot resolution for many other nations in
debt.
72
GA/Res/11-2-14
Tennessee YMCA Center for Civic Engagement Model United Nations
GENERAL ASSEMBLY
Sponsor: Somalia
Delegates: Tacomas Rich, Teia Popescu, Joyce Lee, Sarah Wilson
Committee: Disarmament and International Security
School: Merrol Hyde Magnet School
An Resolution to Send Convoys to Defend the Provisions Offered by the World Food
Program (WFP)
Noting with grave concern that the number of people now in need of food relief due to
drought, conflict, and high food prices in Somalia is approximately 4 million, more than half
of Somalias population,
Bearing in mind that 750,000 people are at risk of death in the coming four months in the
absence of adequate response according to the Food Security and Nutrition Analysis Unit
(FSNAU) for Somalia,
Deeply Concerned that the Famine Early Warning System Network (FEWS NET) reports
that famine conditions now prevail in six southern areas and are expected to spread farther
throughout the south during the approaching months,
Disturbed that half of those who have already died from the alarmingly increasing rate of
malnutrition are children,
Emphasizing that tens of thousands of Somalis have fled their country to seek help,
Viewing with appreciation that WFP is currently providing food assistance to nearly one
million people in Somalia,
Fully bearing in mind that maximum assistance is not being provided due to Somalian
piracy, the capture of supplies by neighboring countries, and lack of protection when
sending necessities to the citizens,
73
We the Delegation of Somalia do hereby:
Call upon the United Nations (UN) to end this affliction by providing funding for checkpoint
establishments to ensure the security of delivered supplies which will endow the people of
Somalia with the proper nutrition;
Request that UN designated convoys affirmed by the Security Council be formed to defend
these vital provisions sent by the WFP;
Encourage the WFP to scale up its operations during coming months to reach additional
communities in parts of Somalia where the WFP has access;
Urge the UN to take responsibility for getting food assistance to areas of the south that WFP
cannot reach through the UN funded checkpoint establishments;
Proclaim that this shall go into effect by February 1, 2012;
74
GA/Res/11-7-2
Tennessee YMCA Center for Civic Engagement Model United Nations
GENERAL
ASSEMBLY
Sponsor: Turkey
Delegates: Ben Hwang, Charlene Hong, Jessica Song, Emily Espinel
Committee: Economic and Financial
School: Ravenwood High School
The Domestic Threat of the Partiya Kararen Kuridstan (PKK) in Turkey and Global
Terrorism
To the General Assembly:
Noting with deep concern that Turkey has recently been confronted with an
increasing degree of terrorist attacks perpetrated by the Partiya Kararen Kuridstan
(PKK), and these attacks have involved not only the destruction of Turkish
businesses and Mosques, but also the deaths of defenseless and innocent civilians,
Noting with regret that Turkish efforts to destabilize and weaken the PKK have
proven unsuccessful and have further inspired the destructive activities of the
organization,
Taking into consideration the elaborate structure of the PKK which permits the
organization to maintain a presence in several European and Asian countries while
also strengthening the organizations ability to finance missions, recruit new
members, and distribute propaganda,
Recognizing the extent to which terrorism has hindered international growth and
stability, preventing the worlds citizens from reaching their potentials and
improving living conditions for future generations,
Having examined Resolution 297 of the United Nations in which member states
affirmed the need for enhanced dialogue among the counter-terrorism officials of
75
member states to promote international, regional and subregional cooperation, and
in that regard recalled the role of the United Nations system,
Approving of the attempts of the United Nations to adhere to Resolution 297,
particularly the recent Symposium on International Counter-Terrorism Cooperation
on Strengthening Law Enforcement and Capacity Building Efforts led by the CounterTerrorism Implementation Task Force of the United Nations and attended by almost
thirty member states,
Expecting further efforts of the United Nations to strengthen international
cooperation in the realm of counter-terrorist policy that can lead to the eradication
of not only the PKK, but other terrorist groups around the world,
The Delegation of Turkey does hereby:
Requests further examination of the United Nations Global Counter-Terrorism
strategy by all
member states, so as to make known the specific goals of the strategy, which include:
(i) measures to address conditions conducive to the spread of terrorism; (ii)
measures to combat terrorism; (iii) measures to build States capacity to prevent and
combat terrorism and to strengthen the role of the UN system in this regard; and (iv)
measures to ensure respect for human rights for all and the rule of law as the
fundamental basis of the fight against terrorism,
Emphasizes that a focused review of this policy by member states is needed for the
practical implementation of the strategy, and that this implementation is a
responsibility of the member states as this strategy has been adopted through the
passage of Resolution 297,
Encourages the United Nations to organize another Symposium concerning
International Counter-Terrorism Cooperation so as to guarantee a thorough review
of the Counter-Terrorism strategy and to inspire discussion of possible
improvements to the strategy between member states,
Expresses its hope that the organization of another Counter-Terrorism Symposium
will further encourage the strengthening of the collective effort of member states to
enforce the Counter-Terrorist policy of the United Nations and therefore increase
the amount of manpower and resources dedicated to eliminating terrorist groups
like the PKK and saving the lives of innocent civilians around the world.
76
Sample Memorial and
Counter Memorial
Model United Nations
YMCA of Middle Tennessee
Center for Civic Engagement
77
International Court of Justice
The Islamic Republic of Iran
APPLICANT
Savannah Marquardt
PRESIDENT OF THE
INTERNATIONAL COURT OF JUSTICE
VS.
The United States of America
RESPONDENT
Paul Drexler
Frances Ding
REPRESENTING
The Islamic Republic of Iran
Ravenwood High School
Oil Platforms
(Islamic Republic of Iran v. United States of America)
MEMORIAL OF THE ISLAMIC REPUBLIC OF IRAN
78
TABLE OF CONTENTS
I. STATEMENT OF FACT
II. LEGAL CITATIONS
 Black’s Law Dictionary, revised 4th ed., 1968, West Publishing Company, St.
Paul, Minn.
 Certain German Interests in Polish Upper Silesia, Jurisdiction, Judgment No. 6,
1925, P.C.I.J.
 Legal Consequences for States of the Continued Prescense of South Africa in






Namibia (South West Africa), notwithstanding Security Council Resolution 276
(1970), Advisory Opinion, I.C.J. Reports 1971
Mavrommatis Palestine Concessions, Judgment No. 2, 1924, P.C.I.J.
Security Council Resolutions 7598; 248; 280
Resolution 2625
The Treaty of Amity, Economic Relations, and Consular Rights between the
United States and Iran, signed on 15 August 1955, 284 U.N.T.S. (1957-1958)
U.N. Declaration on Principles of International Law concerning Friendly
Relations, General Assembly Resolution 2625 (XXV), 24 October 1970
United States and Diplomatic Consular Staff in Tehran, Judgment, I.C.J. Reports
1980
III. WRITTEN ARGUMENT
A.
B.
C.
D.
E.
F.
The Jurisdiction of the Court
Interpreting the Treaty
The United States of America’s Violation of Article I of the Treaty
The United States of America’s Violation of Article IV of the Treaty
The United States of America’s Violation of Article
The Lack of a Need for Self Defense.
IV. SUBMISSION
79
SECTION I:
STATEMENT OF FACT
During the 1950s, The United States was intent upon limiting the role of the Soviet Union
in world politics while maintaining its own superiority. It began signing “friendship, commerce,
and navigation” treaties with numerous other countries to do just that. Iran happened to be one of
the nations that the United States wanted to make a treaty with, and Iran agreed.
Relations between the United States and Iran began to decline after the Islamic
Revolution of 1979. Iran overthrew the US-placed Shah, who represented the will of the United
States in Iran. After the overthrow of the Shah, who had the United States’ support, US
Companies and personnel began to leave Iran, including oil companies. Even though there were
bad feelings between the two, the United States and Iran were able to reconcile through the
Algiers Declarations of January 19, 1981. After that, a tribunal was set up in the Hague to settle
all issues and problems between the two countries that came from issues derived from events
occurring before 1981.
Sensing that the prime time to gain land was right after the Islamic Revolution, Iraq
revoked its 1975 Treaty with Iran and declared that it should rule the Shatt al-Arab Waterway.
September 22, 1980, marked the beginning of a detrimental war between Iraq and Iran, when
Iraq attacked Iranian airfields. Rather than fight back, Iran did not, feeling that it should appeal
to the Security Council instead. Iran feared that its land and economic valuables would be taken
from it, but it still maintained neutral ships’ rights to go through the Strait of Hormuz.
When Iraq’s forces started to wither and face defeat more than it ever had to before in the
War, nations like the United States started placing warships in the Persian Gulf. Iran was unable
to perform many military operations because of the increased presence of the US forces. No real
enforcement came from the Security Council or the General Assembly, leaving Iran, Iraq, and
the United States to figure out the problem on their own. Tensions began to build and many
minor conflicts arose, including when the United State’s arrested an Iranian airplane accused of
deploying mines in the Persian Gulf.
The case at hand stems from a major event that occurred on October 16, 1987. On that
date, a Kuwaiti tanker was hit with a Silkworm missile. The United States blamed Iran for the
attack and in response, wreaked havoc on Iranian possessions. The Reshadat, Nasr, and Salman
oil platforms were all destroyed by United States’ forces in retaliation for the earlier attack. The
destruction and damage of these platforms were a major hit to Iran’s economy.
Negotiations have occurred between Iran and the United States in regard to suppose
restitutions, but no luck has come out of those negotiations, and for those reasons, the Islamic
Republic of Iran has brought this case to the Court’s attention to find out whether or not the
United States violated the previously stated Treaty.
80
SECTION II:
LEGAL CITATIONS
 Black’s Law Dictionary, revised 4th ed., 1968, West Publishing Company, St.
Paul, Minn.
 Certain German Interests in Polish Upper Silesia, Jurisdiction, Judgment No. 6,
1925, P.C.I.J.
 Legal Consequences for States of the Continued Prescense of South Africa in
Namibia (South West Africa), notwithstanding Security Council Resolution 276
(1970), Advisory Opinion, I.C.J. Reports 1971
 Mavrommatis Palestine Concessions, Judgment No. 2, 1924, P.C.I.J.
 Security Council Resolutions 7598; 248; 280
 Resolution 2625
 The Treaty of Amity, Economic Relations, and Consular Rights between the
United States and Iran, signed on 15 August 1955, 284 U.N.T.S. (1957-1958)
 U.N. Declaration on Principles of International Law concerning Friendly
Relations, General Assembly Resolution 2625 (XXV), 24 October 1970
 United States and Diplomatic Consular Staff in Tehran, Judgment, I.C.J. Reports
1980
81
SECTION III:
WRITTEN ARGUMENT
A. The Jurisdiction of the Court
The Treaty of Amity, Economic Relations and Consular Rights states in Article XXI that
“any dispute between the High Contracting Parties as to the interpretation or application of the
present Treaty, not satisfactorily adjusted by diplomacy, shall be submitted to the International
Court of Justice.” Iran, noting a difference in opinion between itself and the United States felt
that it was reasonable to bring this case in front of the Court.
There must be a Treaty and dispute at hand for the Court to be able to rule on the Case at
hand. First of all, the United States’ State Department lists the Treaty of Amity under its Treaties
in Force, meaning that the United States still upholds the Treaty as valid, so the discussion for
the validity of the Treaty should not take place. Furthermore, just to prove that the Treaty still
holds, Iran would like to point out the Court’s ruling in the United States Diplomatic and
Consular Staff in Tehran case, where the Court ruled that “[the Treaty’s] provisions remain part
of the corpus of law applicable between the United States and Iran.”
However, how a dispute is defined and whether or not that dispute exists is primary in
establishing a ground for the Court to rule. The two countries presently disagree over whether or
not the United States was justified in its use of force on the oil platforms. This statement of fact
must be evaluated through past Case Law to determine if a dispute is indeed in place. If one is,
then the Court has Jurisdiction in the case. In the Mavrommatis case, the Permanent Court stated
that “a dispute is a disagreement on a point of law or fact, a conflict of legal views or of interests
between two persons,” and the Permanent Court also ruled in the case concerning Certain
German Interests in Polish Upper Silesia that “a difference of opinion does exist as soon as one
of the Governments concerned points out that the attitude adopted by the other conflicts with its
own view.” Since the United States and Iran disagree on whether or not there is a basis for the
United States’ attacks on the oil platforms, Case Law dictates that a dispute has indeed happened
and therefore, the Court can rule on the case at hand.
B. Interpretation the Treaty
The case at hand, which involves the interpretation of the Treaty of Amity, does revolve
very much so on that interpretation. It is impertinent that interpretation be made in resolve to
today’s interpretation with today’s definitions, not that it be made in the interpretation of the
situation in 1955. This stance follows suit with the Court’s past rulings, like in the South West
Africa case, where the Court stated that “an international instrument has to be interpreted and
applied within the framework of the entire legal system prevailing at the time of the
interpretation.” The following interpretations that Iran advises in the below sections will be
therefore presented in the modern interpretations and not the previous interpretations.
82
C. The United States of America’s Violation of Article I of the Treaty
Article I of the Treaty of Amity states: “There shall be firm and enduring peace and
sincere friendship between the United States of America and Iran.” It is in Iran’s opinion that the
United States has violated that sincere friendship that they must display, and therefore they must
be found accountable of violating Article I. The first essential part for defining this Article is
finding the interpretation of it.
To look at the Article in modern interpretation, Iran looks at Resolution 2625, which
asserts that “No State or group of States has the right to intervene, directly or indirectly, for any
reason whatever, in the internal or external affairs of any other State.” This Resolution was intent
upon established friendly relations between countries, meaning that in the present day context,
the Article means that neither country can become involved in the affairs of the other.
To see how this applies, Iran looks at the US helping of Iraq in the Iran-Iraq War. The
United States undeniably gave loans to Iraq to help fund Iraq’s invasion of Iranian lands, and the
Washington Post reported on September 16, 1900 that the United States gave military
intelligence to Iraq. The involvement of the United States on Iraq’s side during the war violates
Resolution 2625, which stands as the modern interpretation of Article I of the Treaty.
Furthermore, the destruction of the oil platforms, which is not in dispute, violated the
economic affairs of Iran, thus again violating Resolution 2625. Even if the actions were done in
self defense, they were still committed, as backed up further by the Nicaragua and United States
case, where the Court ruled that self-defense “may well imply both an admission of that conduct,
and of the wrongfulness of that conduct in the absence of the justification of the self-defense.”
Any reliance on the self-defense argument means that the United States would admit to violating
Article I and therefore must win the Self-Defense Argument that’s presented in Part F
D. The United States of America’s Violation of Article IV of the Treaty
Article IV of the Treaty states that “Each High Contracting Party shall at all times accord
fair and equitable treatment to nationals and companies of the other High Contracting Party, and
to their property and enterprises; shall refrain from applying unreasonable or discriminatory
measures that would impair their legally acquired rights and interests; and shall assure that their
lawful contractual rights are afforded effective means of enforcement, in conformity with the
applicable laws.” Not only must friendliness be maintained, but also the persons and property of
both countries cannot be harmed by the other.
In the attacks on the oil platforms, which are not denied by either country, Iranian
citizens were both harmed and killed. Property was damaged in the form of the destroyed oil
platforms, and people died as a result of the United States’ actions.
E. The United States of America’s Violation of Article X of the Treaty
83
Article X of the Treaty states: “Between the territories of the two High Contracting
Parties there shall be freedom of commerce and navigation.” While navigation is not really an
issue in the case, the idea of freedom of commerce is essential and requires modern interpretation
and Case Law. Black’s Law Dictionary, whose definitions are used by the United States’ Courts,
defines Commerce as “Intercourse by way of trade and traffic between different peoples or states
and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of
commodities, but also the instrumentalities and agencies by which it is promoted and the means
appliances by which it is carried on, and the transportation of persons as well as of goods, both
by land and by sea.”
Any goods intended to be sold at any time in the near future are protected under the
“freedom of commerce” phrase. The Court has ruled in favor of this opinion before, in the
Nicaragua case. In that case, the Treaty of Amity between Nicaragua and the United States
contained an Article XIX, which was the same exact article as Article X between the United
States and Iran. In that case, the Court ruled that “the attacks launched by the United States
against Nicaraguan territory, and not just the United States’ general trade embargo against
Nicaragua, constituted a violation of the obligations arising from Article XIX of the Treaty of
Amity between the two States.” Any goods damaged that were to be sold, like the oil in the oil
pipelines destroyed in Nicaragua were ruled to be an essential part of freedom of commerce.
Oil from the three platforms was supposed to go to certain customers who held contracts
with the State. The Nasr and Salman platforms owed oil to those who paid for a certain amount
of that oil. Without those platforms, the State can’t make any money off of that oil, thus the
freedom of commerce has been harmed because Iran is no longer able to make deals with those
people anymore concerning the oil.
F. The Lack of a Need for Self-Defense
The United States has claimed that its attacks on the oil platforms were in the name of
self-defense. However, it is in Iran’s opinion that the United States has no right to call upone
Self-Defense to defend its actions.
The conditions of self-defense arise from an event where this is “an immediate necessity
to act, leaving the State invoking self-defense with no alternative means of protection.”
However, the amount of action taken cannot be overwhelming, as past Security Council
Resolutions like SC Resolution 7598 have denounced the use of large-scale military responses to
minor illegal acts. Also, self-defense cannot involve revenge, as stated in the U.N. Declaration
on Principles of International Law concerning Friendly Relations.
One main principle must be applied in the context of self-defense. Was the United States
in need of attacking Iran to keep on surviving? Well, if Iran didn’t even commit any of the
actions it was accused of, then certainly not. The United States claimed self-defense after a
Kuwaiti tanker was blown up by a Silkworm missile, yet Iran does not possess any of those
missiles in an 85 kilometer range, which is the maximum distance that one missile can travel. To
support the fact that there were no Iranian missiles in the vicinity, one can look at a map of Iran’s
84
Silkworm missile sites in the Strait of Hormuz at the US State Department, meaning that the US
had evidence that supported the conclusion that Iran was not responsible for the attack, thus
failing the need for self-defense. Actually, cases from the past have shown that Iraq has been
responsible for attacks on the United States, not Iran, thus leaving no possibility for a selfdefense defense.
85
SECTION IV:
SUBMISSION
On the basis of the argument and facts set out above, The Islamic Republic of Iran
respectfully requests that the Court adjudge and declare that the interpretation of the case
at bar of Iran is correct and binding. Specifically, Iran requests that the Court find that the
United States of America is in violation of Articles I, IV, and X in the Treaty of Amity,
Economic Relations and Consular Rights between Iran and the United States.
Tehran, 8 June 1993
Paul Drexler
Agent of the Islamic Republic of Iran
Frances Ding
Agent of the Islamic Republic of Iran
86
International Court of Justice
ISLAMIC REPUBLIC OF IRAN
APPLICANT
SAVANNAH MARQUARDT
PRESIDENT OF THE
INTERNATIONAL COURT OF JUSTICE
VS.
UNITED STATES OF AMERICA
RESPONDENT
FRANCES DING
PAUL DREXLER
REPRESENTING
UNITED STATES OF AMERICA
RAVENWOOD HIGH SCHOOL
OIL PLATFORMS (ISLAMIC REPUBLIC OF IRAN v. UNITED STATES OF
AMERICA
COUNTER-MEMORIAL OF RESPONDENT
87
TABLE OF CONTENTS
I. STATEMENT OF FACT
II. LEGAL CITATIONS
A. Treaty of Amity, Economic Relations and Consular Rights between the
United States and Iran 1955
B. Territorial Dispute (Libyan Arab Jamahiriya/Chad) (I.C.J. Reports 1994)
C. Military and Paramilitary Activities in and against Nicaragua (Nicaragua
v. United States of America) (I.C.J. Reports 1986)
D. Article 51 Vienna Convention of the Law of Treaties
E. Resolution 552, United Nations Security Council (1 June 1984)
F. Reciprocal Trade Agreement, 17 November 1938, United States - Canada,
Article XII(l)
G. Treaty of Friendship, Commerce, and Navigation behveen the United
States of Arnerica and the Republic of China, 4 November 1946
(International Law/Treaty/UN Charter Section)
H. Treaty of Friendship, Commerce and Navigation between the United
States of America and the ltalian Republic, 2 February 1948
I. Treaty of Friendship, Commerce and Navigation between the United
States of America and Ireland, 21 January 195
J. 1958 Convention on the High Sea
K. 1982 UN Convention on the Law of the Sea
III. WRITTEN ARGUMENT
A.
B.
C.
D.
Determination of Relevant Articles of the 1955 Treaty
U.S. Actions Did Not Violate Article X (1) of the 1955 Treaty
U.S. Actions Were Lawful Under Exceptions Created by Article XX (1)
Counter-claim that Iran’s Actions Violated Article X of the 1955 Treaty
IV. CONCLUSION
V. SUBMISSION
88
SECTION I:
STATEMENT OF FACT
The case at hand pertains to interpretation of the 1955 Treaty of Amity, Econornic
Relations and Consular Rights between the United States of America (U.S.) and the
Islamic Republic of Iran (Iran), specifically in regards to military actions of the U.S. and
Iran concerning Iranian oil platforms in the Persian Gulf.
The background for this case is set in the Iran-Iraq War, fought from 1980-1988.
In 1984, the conflict spread into the Persian Gulf and began affecting the safety of neutral
nationals and commerce. In what became known as the “Tanker War,” Iraq began to use
fighter aircraft to attack tankers exporting oil from Iranian terminals. Because Iraq
exported its oil through overland pipelines rather than tankers, Iran responded to Iraqi
aggression by attacking neutral commercial shipping to and from states in the Gulf
Cooperation Council.
In September 1980, Iran issued a “Notice to Mariners” that delineated a wartime
exclusion zone where commercial vessels not bound for Iran were to avoid. The stated
purpose of this exclusion zone was to “ensure the safety and security of commercial
shipping” by minimizing Iraqi attacks on ships in the area. However, Iran’s actions in
1984-1988 were not consistent with maintaining “safety and security,” as expressed in
the Notice to Mariners. Iranian forces were responsible for over 200 attacks on shipping
outside the exclusion zone, resulting in at least 63 deaths. In particular, three U.S.-flag
vessels and at least six U.S.-owned vessels flying the flags of other states were assaulted.
Iran did not limit its attacks to vessels carrying war material destined for Iraq nor did it
limit attacks to vessels that resisted interrogations and searches. Furthermore, Iran often
assured other states, Norway and Japan in particular, that it would not attack their
shipping and then failed to uphold such promises.
These attacks precipitated an immediate reaction from the international
community. The Security Council of the United Nations passed Resolution 552 in 1984
condemning Iran’s attacks and in 1986 further deplored actions by Iran and Iraq in
Resolutions 582 and 598. Unfortunately, the international community’s efforts to
peacefully resolve the Iran-Iraq conflict proved unsuccessful for many years. The United
States maintained throughout the war that the right of navigation for neutral states must
be respected.
In late 1986 and early 1987 Kuwait began requesting the United States, the United
Kingdom, and the Soviet Union to reflag some Kuwaiti vessels following Iranian
targeting of Kuwaiti vessels. All three countries legally responded to the request, which
Iran vehemently opposed. Immediately, reflagged Kuwaiti vessels came under Iranian
attack, often through mines. The United States made diplomatic entreaties towards Iran
emphasizing the neutrality of the reflagged ships; however, on July 24, 1987, the US
flagged Bridgeton struck a mine approximately 18 nautical miles southwest of Iran’s
Farsi Island, a known base for Iranian forces. Notably, a merchant ship had traveled
through the same shipping lane shortly before Bridgeton’s arrival and emerged
89
unscathed. U.S. commanders concluded that the mine that struck Bridgeton had been
purposefully laid in its path following the passage of the other ship. U.S. surveillance of
Iranian forces on Farsi Island indicated that they were engaged in mining activities that
morning, and sources later divulged to U.S. forces that Iranian Revolutionary Guard
diving units were responsible for laying the mine. In contrast, Iraq was highly unlikely to
be responsible because Iraq was known to limit its mining activities to specific sectors of
the northern Gulf. Bridgeton was not in one of those sectors when mined.
After the Bridgeton mining, Iran continued mining activities, particularly off the
coast of Fujayrah (near the entrance of the Persian Gulf) despite repeated appeals from
the United States to respect the neutrality of U.S.-flag vessels. In September 1987, U.S.
forces captured an Iranian vessel in the act of laying mines in international waters and
also found mines on deck that matched other mines laid throughout the Gulf. On Sept. 21,
1987, U.S. warship the USS Jarrett launched surveillance helicopters with night-vision
equipment and observed the crew of an Iranian ship as they laid mines in water outside of
Iran’s exclusion zone. The next day, U.S. forces boarded the vessel, named Iran Ajr, and
found nine mines that under analysis, matched the mines laid off the coast of Kuwait as
well as those laid off the coast of Fujayrah. Certain physical characteristics, such as their
diameter, shape of the anchor, and transport features distinctly identified the mines as the
same. Furthermore, the mines found on Iran Ajr and those discovered in the Gulf shared
a unique numbering system stenciled on each mine.
U.S. forces also found onboard Iran Ajr many Iranian naval documents and
materials. In particular, Farsi messages were found that demonstrated the
Reshadat/Rostam oil platform as a communications relay station for Iranian special
forces, providing communication between Iranian warships and naval headquarters.
In October 1987, in the days before Iran’s attack on the U.S. flag tanker Sea Isle
City, Iranian forces had, in two separate incidents, fired on U.S. helicopters, displaying
Iranian willingness to fire directly upon U.S. forces. Then on October 16, 1987, the Sea
Isle City was struck by a cruise missile near Kuwait harbor. Iranian forces had been using
the strategically important Faw peninsula to launch a series of missile attacks on Kuwaiti
Territory since January 1987. Kuwait Armed Forces personnel collected fragments of
such missiles that landed on Faylakah Island. Senior Missile Analyst at the Australian
Defense Intelligence Organization examined the missiles and determined them to be HY2 cruise missiles, a kind only able to be launched from land. The same kind of missiles
struck the Sea Isle City tanker. Furthermore, Kuwait Air Defense forces personally
observed these missiles approaching from the direction of the Iranian controlled Faw
area.
Following this incident, the U.S. determined that it must respond in a limited,
necessary, and proportionate way in order to protect U.S. merchant and naval vessels in
the Gulf. Initial considerations to target the missile facility in the Faw area were
abandoned because the Faw peninsula had only been captured from Iraq by Iran in 1986
and was still an active battle front. Thus, attacking the Faw area would have risked the
status of the United States as a non-belligerent. In contrast, targeting Iran’s offshore oil
90
platforms would not exacerbate the existing conflict to the same extent. The particular oil
platforms of Rostam, Sirri, and Sassan, were serving as military facilities, supporting
Iranian naval activities, and facilitating attacks on neutral shipping. The evidence for such
exists in documents found on the Iran Ajr, contemporaneous reporting of threats to
shipping, and analyses of Iranian attacks indicating oil platform involvement.
Furthermore, documents found by U.S. forces on the Rostam complex confirmed the
military role of Iran’s Rostam, Sirri, and Sassan oil platforms.
With this evidence, the United States determined that attacking the Rostam
platform, at the time not producing oil, in self-defense would lessen the threat to the
security of U.S. vessels. Thus on October 19, 1987, U.S. forces warned personnel on the
platform, searched the complex, and subsequently used artillery and explosives to cause
substantial damage to structures in the complex to prevent its continued use in attacks on
shipping. Documents discovered on the Rostam Complex confirmed Iranian integration
of its offshore oil platforms into its military structure, including an IranianNavy order
179.7, entitled "Instructions for Radar Stations, an Iranian Navy order entitled "Operating
Instructions for the Deployment of Observerson Oil Platforms in the Persian Gulf.''
At the date of the U.S. attack on the Rostam platform, Iran was still exporting oil to
the United States. However, ten days later, on October 29, 1987, President Reagan signed
Executive Order 12613, which immediately prohibited the import into the United States
of most goods – including oil, and services of Iranian origin.
On April 14, 1988, the next major attack against the United States occurred. While
returning to Bahrain after escorting a convoy of U.S. – flag merchant vessels, U.S.
warship USS Samuel B. Roberts struck a mine near Shah Allum Shoal, a common
navigation reference for vessels crossing the central Gulf. Ten sailors were injured and
damages incurred almost $50 million in costs. After mine-clearing personnel arrived, the
mines used were identified with the characteristic serial numbers of Iranian mines.
In response to Iran’s mining of the USS Samuel B. Roberts, the U.S. took action
against Iran’s Sassan and Sirri oil platforms. Similarly to the Faw peninsula predicament,
the U.S. decided to avoid targeting land sites such as facilities where sea mines were
likely stored to ensure that the U.S.’s non-belligerent perception remained. Iran had
attacked more than 40 ships within 50 nautical miles of the Sirri platform and
approximately 40 neutral ships within 50 nautical miles of Sassan. Such a high
concentration of attacks near these platforms and the absence of other Iranian facilities
capable of facilitating these attacks on shipping led U.S. forces to conclude that the
platforms played a large role in Iranian attacks on shipping. Thus on April 18, 1988, U.S.
forces attacked both the Sirri and Sassan complexes.
91
SECTION II:
LEGAL CITATIONS

Treaty of Amity, Economic Relations and Consular Rights between the United
States and Iran 1955

Territorial Dispute (Libyan Arab Jamahiriya/Chad) (I.C.J. Reports 1994)

Military and Paramilitary Activities in and against Nicaragua (Nicaragua v.
United States of America) (I.C.J. Reports 1986)

Article 51 Vienna Convention of the Law of Treaties

Resolution 552, United Nations Security Council (2546t hmeeting, 1 June 1984)

Reciprocal Trade Agreement, 17 November 1938, United States - Canada, Article
XII(l)

Treaty of Friendship, Commerce, and Navigation behveen the United States of
Arnerica and the Republic of China, 4 November 1946 (International
Law/Treaty/UN Charter Section)

Treaty of Friendship, Commerce and Navigation between the United States of
America and the ltalian Republic, 2 February 1948

Treaty of Friendship, Commerce and Navigation between the United States of
America and Ireland, 21 January 195

1958 Convention on the High Sea

1982 UN Convention on the Law of the Se
92
SECTION III:
WRITTEN ARGUMENT
A. Determination of Relevant Articles of the 1955 Treaty
Resolving the dispute at hand requires specifying which articles of the 1955
Treaty shall form the basis for judgment. As such, Iran has claimed that actions by the
United States breached Article I par.1, Article IV par. 1, and Article X par. 1 of the
Treaty. However, judgment on this case should rest on interpretation of only Article X
par. 1 and Article XX par. 1 (d).
i. Article I par.1
Article I par. 1 states that, "There shall be firm and enduring peace and sincere
friendship between the United States . . . and Iran." Iran contends that this imposes actual
obligations on the two parties to maintain peaceful and friendly relations. However, this
article only constitutes an aspiration and pertains solely to the context of the commercial
nature of the Treaty. In previous instances, the Court has only considered such broad
obligations for friendship when further specifications are made. For example, the Treaty
of Friendship and Good Neighbourliness between the French Republic and the United
Kingdom of Libya of 10 August 1955 contains explicit references to provisions of the
Charter of the United Nations, which the International Court of Justice interpreted in the
case of Territorial Dispute (Libyan Arab Jamahiriya/Chad) (I.C.J. Reports 1994). In the
present case, no such specifications exist. Thus, the United States requests that Article I
par. 1 not form the basis of the Court’s judgment.
ii. Article IV par.1
Article IV par. 1 states that:
"Each High Contracting Party shall at al1 times accord fair and equitable
treatment to nationals and companies of the other High Contracting Party, and to
their property and enterprises ; shall refrain from applying unreasonable or
discriminatory measures that would impair their legally acquired rights and
interests; and shall assure that their lawful contractual rights are afforded effective
means of enforcement, in conformity with the applicable laws."
The provisions of Article IV are meant to ensure that both countries fairly treat the
nationals, companies, and their property of the other party. The Article prohibits
unreasonable or discriminatory measures that would impair rights or interests of each
state’s respective nationals or companies, but does not cover the actions carried out by
the United States and Iran in the present case. Rights were not infringed upon; rather, the
case at hand deals with the use of force between the two states. Thus, the United States
also asks that Article IV par. 1 be disregarded in the Court’s judgment.
iii. Article X par. 1
Article X par. 1 states that, “"Between the territories of the two High Contracting
Parties there shall be freedom of commerce and navigation." The applicant, Iran, has not
93
contended that its “freedom of navigation” has been affected and only contends that the
actions of the United States have affected its “freedom of commerce.” This Article is
relevant to the case at hand, but in Part B of Section III evidence showing that the United
States was not in violation of this Article will be presented.
iv. Article XX par. 1
Article XX par. 1 states that
“The present Treaty shall not preclude the application of measures:
…
(d) necessary to fulfil the obligations of a High Contracting Party for the
maintenance or restoration of international peace and security, or necessary to
protect its essential security interests.”
This Article provides exemption from the provisions of the 1955 Treaty in instances of
necessary actions of self-defense. With such complete defense of actions that fall under
this Article, it is necessary to be interpreted in the present case. Further examination of
the applications of this Article is in Part C of Section III.
B. U.S. Actions Did Not Violate Article X (1) of the 1955 Treaty
Article X(1) applies solely to Iranian trade with the United States. The territorial
limitation is inherent in the statement “[b]etween the territories of the High Contracting
Parties.” Different paragraphs of Article X have different territorial fields of application.
Article X(4) establishes certain protections for cargoes carried "to or from the territories
of such other High Contracting Party." Unlike Article X(1), this provision is not framed
in terms of cargoes carried between the two Parties. Article X(3) also applies broadly
to"[v]essels of either High Contracting Party" that "come with their cargoes to al1 ports,
places and waters" of the other Party. It is not limited to vessels arriving from the
territory of the other Party. By contrast, Article X(1), having an independent legal effect,
must only apply to commerce and navigation “between the territories” of the Parties
instead of “between the Parties.” Thus the article does not encompass goods that are
transported through or are modified in third party countries.
Iran has also failed to establish that U.S. military actions against the oil platforms
resulted in any effects on Iranian trade with the United States. In October 1987, the
Rostam and Rakhsh platforms were not producing any oil, as acknowledged in Iran’s
Memorial. These platforms were under repair at the time of U.S. attacks. The U.S. was
importing oil from Iran from after October 19, 1987, the date of the first U.S. military
action against the offshore platforms, to the issuance of the embargo on October 29. For
these military actions to fall under the jurisdiction of Article X(1), Iran must show that
the Rostam and Rakhsh platforms would have exported oil to the U.S. had military action
not taken place. However, Iran is unable to prove such claims. The platforms were
seriously damaged and Iran can not provide substantial evidence to claim that the
platforms would have resumed production of oil before enactment of the embargo. In
regards to the Sirri and Sassan platforms, direct importation of Iranian oil into the U.S.
had completely ceased, and thus military action could have no effect on oil trade between
94
the two countries. Damage to these Iranian oil platforms did not and could not have
affected commerce “between the territories of” Iran and the United States.
Furthermore, the United States respectfully requests that the judgment in the
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United
States of America) (ICJ Reports 1986) case be disregarded as inapplicable to the case at
hand. In the Nicaragua case, actions found to violate the Friendship, Commerce and
Navigation Treaty between Nicaragua and the U.S. (FCN Treaty) were of a different
nature than the present actions. U.S. mining of Nicaraguan harbors and attacks on port
facilities were found to violate the treaty by affecting the maritime commerce of harbors
and ports. Also, the mining activities in 1983 and 1984 found to be in violation of the
treaty were conducted before trade between Nicaragua and the United States ended in
1985. In contrast to this case, U.S. actions against Iran’s offshore platforms did not have
a legally significant effect on commerce between the territories of Iran and the U.S.
C. U.S. Actions Were Lawful Under Exceptions Created by Article XX (1)
i. Examination of Article XX(1)
The narrative presented in the statement of fact show that military action against
the oil platforms was taken to protect U.S. security interests. They also show that the
measures were necessary, given the military role of the platforms in facilitating unlawful
mining, helicopter, and missile attacks against the U.S. and other neutral vessels.
Article XX(1), as previously presented in Part A of this section, states that “The
present Treaty shall not preclude the application of measures … (d) … necessary … to
protect [a Party’s] essential security interests.” Thus other obligations of the Treaty
simply do not apply to measures falling within this exception. The Article provides
complete defense for actions covered by the statement.
To come within this exception, a Party’s measure must have been necessary to
protect its essential security interests. This requirement, like others, is to be interpreted as
stated at the Vienna Convention of the Law of Treaties, “in good faith in accordance with
the ordinary meaning to be given to the terms of the treaty in their context and in light of
its object and purpose.” Thus Article XX(1)(d) applies to security interests of importance
rather than interest that are limited or marginal. In this case, U.S. measure met the
requirement of the exception.
Iranian actions during the period threatened essential security interests of the
United States through repeated armed attacks on neutral vessels that were neither
carrying contrabands nor visiting Iraqi ports. Maintaining uninterrupted maritime
commerce was supremely important to many States, including the United States. This
commerce was directly affected by attacks on neutral vessels in the Gulf. Navigation
became very hazardous in the wake of Iranian actions, dramatically increasing maritime
insurance rates. Furthermore, the lives of U.S. nationals were put directly at risk,
especially as naval vessels were impeded in escorting U.S. flag-vessels. Any state faced
with recurring attacks on its warships and commercial vessels would view such actions as
95
threats to essential security interests, and thus the exception in Article XX(1)(d) evidently
applies.
ii. Precedence in interpreting Article XX(1)
Once again, in regards to the Nicaragua case, the circumstances surrounding the
present case are dramatically different. In the Nicaragua case, the Court ruled that the
exception granted by Article XXI of the FCN Treaty (identical in language to that of
Article XX(1) of the 1955 Treaty) did not encompass U.S. actions. In the Nicaragua case,
the Court only considered one piece of evidence showing a threat to U.S. security
interests and ruled that it was insufficient to justify U.S. actions that had occurred before
its execution. In contrast, extensive evidence in this case displays Iran’s continued
unlawful attacks on U.S. vessels. Furthermore, the necessity of U.S. actions in the
Nicaragua case were unsubstantiated in comparison to the detailed and compelling
record of the necessary protection of U.S. security against future Iranian attacks.
Finally, interpretation of Article XX(1)(d) may be guided by historical precedence
utilizing broad interpretations of similar treaties. In the Reciprocal Trade Agreement
1938 between the United States and Canada, Article XII(l), “essential security” clauses
originally designed for cases of war or hostilities began to be extended to other situations.
In the Treaty of Friendship, Commerce, and Navigation behveen the United States of
Arnerica and the Republic of China, 4 November 1946, the provision conferred broad
rights of unilateral action. The State Department report on the Treaty for the Senate stated
that “exceptions also are included to give the two parties requisite freedom of action in
times of national emergency.” Similar FCN Treaties with Italy and Ireland have also
included broad exceptions in necessary action, rather than the older restrictions of “war”,
“hostilities”, or “national emergency.”
iii. Justification of Military action
Military action was necessary because at the time of the attacks, diplomatic
measures had failed to deter Iran from its attacks. As shown in the statement of fact,
repeated efforts by the United States and other governments to demand an end to Iranian
attacks were disregarded, and the attacks continued. Thus military self-defense was
necessary to protect the security interests of the U.S.
Military action is legally justified because the Iran commenced armed attacks and
because the vessels attacked were legally flown under the U.S. flag. The Iranian actions
were not isolated border incursions or other limited skirmishes but deliberate, dangerous
military actions part of a broad pattern of use of force against U.S. vessles. The attacks
utilized powerful and deadly weapons causing danger to life and extensive damage to
property, clearly falling under the definition of armed attacks. Moreover, under the 1958
Convention on the High Seas and the 1982 UN Convention on the Law of the Seas, the
Sea Isle City was properly registered under the U.S. and thus its attack was an attack
against the United States.
The actions of the United States were also proportionate and timely. U.S.
authorities considered many targets for retaliation and rejected many based on
96
proportionality, among other factors. Some possible targets were rejected because their
destruction threatened excessive levels of casualties or of damage to civilian property.
The ultimate targets were chosen because of their role in military coordination. The
destruction of these targets would help to restore safety of navigation and was
proportionate to Iran’s armed attacks. The U.S. use of force was limited and extremely
careful (and successful) in limiting casualties and damage to non-military targets. As far
as the U.S. is aware, there were no Iranian casualties in any of the operations. The
platforms were also not completely destroyed, only damaged enough to neutralize their
military threat. With the Iranian attacks comprising a series of successive acts, U.S. use
of force was also timely by responding only after carefully considering possible targets
and ensuring that U.S. action would be limited but still achieve security against
continuing Iranian attacks.
D. Counter-claim that Iran’s Actions Violated Article X of the 1955 Treaty
In the period between 1987-1988, actions by Iran in the Persian Gulf created
extremely dangerous conditions for shipping, thereby violating Article X of the 1955
Treaty. As explained previously, Iranian actions resulted in significant damage to U.S>
commercial and military vessels, and led the U.S. to take defensive measures against
offshore platforms. Iranian attacks, as previously described, were not limited to vessels
carrying war material or vessels that resisted Iranian searches. Rather, Iran engaged in a
form of maritime terrorism, possibly in an attempt to coerce other States to act against
Iraq. Communications by the United States and other countries detailing concerns about
maritime commerce and the detrimental effects of Iranian attacks did not abate Iran’s
actions.
Article X provides:
"1. Between the territories of the two High Contracting Parties there shall be
freedom of commerce and navigation.
2. VesselsundertheflagofeitherHighContractingParty,andcarryingthepapers required
by its law in proof of nationality, shall be deemed to be vessels of that High
Contracting Party both on the high seas and within the ports, places and waters of
the other High Contracting Party.
3. Vessels of either High Contracting Party shall have liberty, on e q d t e m with
vessels of the other High Contracting Party and on equal terms with vessels of any
third country, to come with their cargoes to al1 ports, places and waters of such
other High Contracting Party open to foreign commerce and navigation. Such
vessels and cargoes shall in al1 respects be accorded national treatment and mostfavored-nation treatment within the ports, places and waters of such other High
Contracting Party; by each High Contracting Party may reserve exclusive rights and
privileges to its own vessels with r e s p t to the coasting trade, inland navigation
and national fisheries.
4. Vessels of either High Contracting Party shall be accorded national treatment and
most-favored-nation treatment by the other High Contracting Party with respect to
the right to carry al1 products that may be carried by vesse1 to or from the
97
territories of such other High Contracting Party; and such products shall be
accorded treatment no less favorable than that accorded like products carried in
vessels of such other High Contracting Party, with respect to: (a)duties and charges
of ail kinds, (6)the administration of the customs, and (c) bounties, drawbacks and
other privileges of this nature.
5. VesselsofeitherHighContractingPartythatareindistressshallbepermittedtotake
refuge in the nearest port or haven of the other High Contracting Party, and shall
receive friendly treatment and assistance.
6 . The term "vessels", as used herein, means all types of vessels, whether privately
owned or operated, or publicly owned or operated; but this term does not except
with reference to paragraphs 2 and 5 of the present Article, include fishing vessels
or vessels of war."
Thus Iran violated Article X(1) in conducting armed attacks against commercial
vessels of the United States, infringing on freedom of commerce. Within the other
provisions of Article X of the 1955 Treaty, Iran was obligated to respect and accord
favorable and friendly treatment to U.S. vessels operating in the Gulf. This Iran also
violated by hindering the ability of U.S. vessels to engage in maritime commerce in the
Gulf. Iran further violated the heart of the Treaty by refusing to seek diplomatic
reconciliation, thus being completely inconsistent with its obligation to provide friendly
treatment and assistance to U.S. vessels.
98
SECTION IV:
SUBMISSION
On the basis of the argument and facts set out above, the United States of America
respectfully requests that the Court adjudge and declare that the interpretation of the case
at bar of the United States of America is correct and binding. Specifically, the United
States of America requests that the Court find that the United States did not violate its
obligations to the Islamic Republic of Iran under Article X(1) of the Treaty of Amity
between the United States and Iran, and that the claims of Iran are dismissed. With
respect to the counter-claim, the United States requests that the Court find that Iran
breached its obligation to the United States under Article X of the Treaty through
dangerous military actions and that Iran is accordingly obligated to make reparations to
the United States for this violation.
(Washington, D.C., 23 June 1997)
Frances Ding
Agent of the United States of America
Paul Drexler
Agent of the United States of America
99
UNITED NATIONS CURRENT MEMBER STATES
BOLD indicates Security Council Member
Afghanistan
Albania
Cuba
Cyprus
Japan
Jordan
Algeria
Czech Republic
Kazakhstan
Andorra
Kenya
Angola
Dem. People’s Rep. of
Korea
Dem. Rep. of the Congo
Antigua & Barbuda
Denmark
Kuwait
Argentina
Djibouti
Kyrgyzstan
Armenia
Dominica
Lao People’s Dem. Rep.
Australia
Dominican Republic
Latvia
Austria
Ecuador
Lebanon
Azerbaijan
Egypt
Lesotho
Bahamas
El Salvador
Liberia
Bahrain
Equatorial Guinea
Libyan Arab Jamahiriya
Bangladesh
Eritrea
Liechtenstein
Barbados
Estonia
Lithuania
Belarus
Ethiopia
Luxembourg
Belgium
Fiji
Madagascar
Belize
Finland
Malawi
Benin
France
Malaysia
Bhutan
Gabon
Maldives
Bolivia
Gambia
Mali
Bosnia & Herzegovina
Georgia
Malta
Botswana
Germany
Marshall Islands
Brazil
Ghana
Mauritania
Brunei Darussalam
Greece
Mauritius
Bulgaria
Grenada
Mexico
Burkina Faso
Guatemala
Micronesia
Burundi
Guinea
Republic of Moldova
Cambodia
Guinea-Bissau
Monaco
Cameroon
Guyana
Mongolia
Canada
Haiti
Montenegro
Cape Verde
Honduras
Morocco
Central African Republic
Hungary
Mozambique
Chad
Iceland
Myanmar
Chile
India
Namibia
China- SC Pres
Indonesia
Nauru
Colombia
Iran
Nepal
Comoros
Iraq
Netherlands
Congo
Ireland
New Zealand
Costa Rica
Israel
Nicaragua
Cote d’Ivoire
Italy
Niger
Croatia
Jamaica
Nigeria
Kiribati
100
Norway
Oman
Pakistan
Trinidad & Tobago
Togo
Tunisia
Palau
Turkey
Panama
Turkmenistan
Papua New Guinea
Tuvalu
Paraguay
Uganda
Peru
Ukraine
Philippines
Poland
United Arab Emirates
United Kingdom of Great Britain & Northern
Ireland
Portugal
United Republic of Tanzania
Qatar
United States of America
Republic of Korea
Uruguay
Romania
Uzbekistan
Russian Federation
Vanuatu
Rwanda
Venezuela
Saint Kitts & Nevis
Viet Nam
Saint Lucia
Yemen
St. Vincent & the Grenadines
Zambia
Samoa
Zimbabwe
San Marino
Sao Tome & Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
Slovakia
Slovenia
Solomon Islands
Somalia
South Africa
South Sudan
Spain
Sri Lanka
Sudan
Suriname
Swaziland
Sweden
Switzerland
Syrian Arab Republic
Tajikistan
Thailand
The former Yugoslav Rep. of Macedonia
Timor-Leste
101