TEAM CODE-TC
014
-
BEFORE THE HON’BLE SUPREME COURT
IN THE MATTER OF :
THE DEMOCRATIC REPUBLIC OF
DHALL ……..PETITIONER
Vs.
THE REPUBLIC OF
KARTINA …………..RESPONDENT
MEMORIAL ON BEHALF OF THE RESPONDENT
MEMORIAL FOR THE
RESPONDENT
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LIST OF INDEX
SL. NO.
NAME
PAGE NO.
1.
LIST OF ABBREVIATIONS
3
2.
STATEMENT OF JURISDICTION
4
3.
STATEMENT OF FACTS
5-6
4.
STATEMENT OF ISSUES
7
5.
SUMMARY OF ARGUMENTS
8-9
6.
ARGUMENT IN ADVANCED
10-19
7.
PRAYER
20-21
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RESPONDENT
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LIST OF ABBREVIATIONS
&
And
It’s
It is
Hasn’t
Has not
I.e.
That is
Isn’t
Is not
Doesn’t
Does not
She’ll
She will
W.P.
Writ Petition
Admn
Administrative
SCC
Supreme Court Cases
SC
Supreme Court
H.C.
High Court
Hon’ble
Honourable
Art.
Article
AIR
All India Report
ED
Edition
No.
Number
Ors.
Others
Para
Paragraph
S.
Section
v.
Versus
p.
Page
SCR
Supreme Court Reports
LR
Law Report
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RESPONDENT
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STATEMENT OF JURISDICTION :
The honorable supreme court of kartina has the jurisdiction in this matter under the
Article 32 of the constitution of the Kartina.
Remedies for the enforcement of the right under this part:
1. The right to move Supreme Court by appropriate proceeding for the enforcement of the
right under this Article of the Constitution of Kartina.
2. The Supreme Court shall have the power to issue writs in the nature of habeas Corpus,
mandamus, prohibition, quo warranto, and certiorari.
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RESPONDENT
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STATEMENT OF FACTS:
developing
o
is
a neighboring country.
Fishing is a prominent industry, along with
course. The treaty is set to last 50 years, subject to renewal.
President Mubble claims
hydro
electricity from the dam.
environmental consequences and its impact on ecosystems and livelihoods.
ecosystem
risk of coastal erosion.
President mubble-emphasizes technological progress over
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RESPONDENT
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-Minister Lu
hoc
Tribunal is formed, tasked with resol
challenges of
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RESPONDENT
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STATEMENT OF ISSUES :
1. Kartina claims that the question of proportionality of resources should be Solved
each Country. Thus, as
resources (the water itself but also the Hydroelectric power generated using the
be given the power To dictate how natural resources are distributed?
2. Kartina claims that while the treaty is in force, the flow of the river is not affected.
Dhall is of the view that even if the water of the river is not affected Until 2030,
the dredging and construction around the river is bound to have Long-term
effects. Is
Kartina in contravention
of the principles
of international
Environment law and international treaty law ?
3. Kartina claims that the Constitution of Kartina will not apply to the people of
Dhall, and thus, the Fundamental Rights enshrined in the Kartinian Constitution
cannot apply to the dispute. Is this a valid claim?
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RESPONDENT
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SUMMARY OF ARGUMENTS :
1. Kartina claims that the question of proportionality of resources should be Solved
on the basis of the population and the length of flow within each Country. Thus,
as Kartina has a bigger population and the River Biffin flow From its source in the
north to the south of the country’s landmass, Kartina Should have a say in the way
that resources (the water itself but also the Hydroelectric power generated using
the water) are divided. Taking into Consideration past cases by River Dispute
Tribunals as well as the generally Accepted principles of environmental law,
should Kartina be given the power To dictate how natural resources are
distributed?
Resource distribution across the globe varies in terms of both quantity and manner.
Geological processes in the past, such as volcanic activities and tectonic shifts, have led
to an uneven dispersion of resources. This distribution disparity implies that certain
resources are only accessible to specific regions and populations.
The Republic of Kartina holds authority over the allocation of natural resources,
influencing how they are distributed. The text underscores the role of environmental
law in resource management, which has gained prominence due to increasing global
awareness. International law related to the environment is evolving and adapting to
contemporary circumstances, relying less on tradition and more on current concerns.
The text outlines several key principles of International environmental law that guide
resource
management.
These include
sovereignty
and
responsibility,
good
neighborliness and international cooperation, preventive action, the precautionary
principle, sustainable development, and absolute liability.
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RESPONDENT
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2. Kartina claims that while the treaty is in force, the flow of the river is not affected.
Dhall is of the view that even if the water of the river is not affected Until 2030,
the dredging and construction around the river is bound to have Long-term
effects. Is Kartina in contravention of the principles of international Environment
law and international treaty law ?
Kartina’s defense draws from meticulous treaty with interpretation, shared
historical understanding , sovereignty principles, environmental considerations,
customary practices and international legal norms. By aligning their actions with these
considerations, kartina seeks to establish that their dam construction remains complaint
with both the treaty’s provisions and broader international legal standards.
3. Kartina claims that the Constitution of Kartina will not apply to the people of
Dhall, and thus, the Fundamental Rights enshrined in the Kartinian Constitution
cannot apply to the dispute. Is this a valid claim?
The Dam was predicted to generate over 4,500 megawatts of electricity,
thereby doubling the output of electricity in the country. This would significantly
improve the lives of the people of the Republic of Kartina.
Mr. Mubble announced that the Dam would be fully constructed by 2036.
When questioned about whether the action was in contravention to the
Treaty, Mr.Mubble said that although the construction will start shortly, it will not affect
the flow of the river until 2030, by which time the Treaty would have lapsed. In a show
of good faith, he also announced that though the Dam is likely to change the flow of
River Biffin, the Republic of Kartina would like to offer the hydroelectricity generated
by the Dam to Dhall at an immensely subsidized rate.
Though she conceded that the subsidized electricity would be beneficial, they
maintained the stance that the advantages did not outweigh the downfalls.
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RESPONDENT
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ARGUMENTS IN ADVANCED :
1. Kartina claims that the question of proportionality of resources should be Solved on
(the water itself but also the Hydroelectric power generated using the water) are
to dictate how natural resources are distributed?
natural laws are resources are distributed, know the meaning of Natural resources and its
rals, rain, water, Land, and wealth in general like
on
ular place is rich in resources,
and On the other hand, some places are poor in resources. As a result, in all areas Of the
example, in Africa,
it is hard to get freshwater resources and Whereas in California, you can get freshwater
resources quickly. Within the ambit of environmental concerns, management of natural
environmental law. Similarly, any advanced property curriculum Ought to consider the
myriad forms of right
resources are materials people obtain from Earth that have economic value or are
important for human life. Lumber,
Minerals, and even fossil fuels are three resources that serve people well.
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RESPONDENT
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of the circumstances generally the republic
- Day circumstances and are constantly
binding source; it is said so Because the importance of environmental law is recognised
of
neighborliness
and
liability etc.
1
Erusian Equipment & Chemicals Ltd. V/s State of West Bengal
In This case it was held that The State which has the right to trade has also the
person has a fundamental right to insist that the Government must enter into a contract
with him. Even also the court held that The State can enter into contract with any person
it chooses. No person has a Fundamental right to insist that the Government must enter
l to his lawful calling. Where the
1
1975 AIR 266, 1975 SCR (2) 674
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1
I
regard being had
discovery
m
economic
a
Villianur Iyarkkai Padukappu Maiyam V/s Union of India & Ors
materials, etc., for the purpose of encouraging development Of the Port, the State is not
Development of the Port in a
While observing that economic policies are ordinarily not amenable to
judicial Review, it was held that: Wisdom and advisability of economic policy are ordinarily
has, while taking a decision, right to “trial and error” as long as Both trial and error are
1
W.A.No.73 OF 2020
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RESPONDENT
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1
,
In this case the Court held that, Natural resources are public goods and
s
are Concerned. As natural resources are public goods, the doctrine of equality, Which
emerges from the
-à- vis
its people and demands that the people Be granted equitable access to natural resources
and/or its products and that They are adequately compensated for the transfer of the
State vis-à-
he resource and demands that the
- arbitrary and transparent and That it does
treaty law ?
We come before you to present a robust defense on behalf of the Republic
irit of the River
1
AIR 1982 MP 1
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RESPONDENT
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development. Through these arguments,
we aim to
for
progress.”
focusing
on
language, ensuring adherence to their intended scope.
environmental changes indicates that its primary concern is the water itself.
• The court emphasizes that the treaty’
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concerns.
heir intent to focus on water-related
3.Sovereignty and Development Rights:
principle
recognizing the sovereignty of states.
• The principle of nonprojects.
in their best interest, as long as they don’t harm others.
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#State Progress v. GlobalWatchdog
• The court considers the principles of state sovereignty and development rights. It
concludes that as long as developmental pursuits are pursued responsibly and don’t result
4.Development and Treaty Consistency:
th
• By showing
emphasize the responsible nature of their developmental pursuits.
# RiverCare Society
v. State Progress
development. It concludes that if a developmental project aims to balance economic
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RESPONDENT
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which urges cau
ligning with the Treaty’s focus.
its argument.
• Reference to cases like the North
7.Pacta Sunt Servanda and Development Principles:
eements
should be upheld.
of the Treaty –
–
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• The court upholds the principle of pacta sunt servanda and emphasizes that agreements
this a valid claim?
It is respectfully submitted before this Court that the construction of dam will protect the
fundamental rights of the people of Republic of Kartina.
As quoted by Jwaharlal Nehru, First Prime Minister of India, “Dams are the temple of
modern world.” The benefits of dams are innumerable. The basic purpose of dam is to serve
public interest at large. When a dam is built the dispute of water gets solved. Building of dam
has manifold objective. First, the dam will provide water to areas where it is needed, Second,
Production of hydroelectricity will increase, and third, it will cater to the need of irrigation.
When a project which has so many benefits, how can it violate someone’s fundamental rights?
In turn, it protects the right of people by catering their need. The dam will provide water and
better crop yield by enhancing irrigational facilities. Dams will cater the need of drinking water
also where clean drinking water is a fundamental right of people. Generation of more electricity
will lead to development socially and economically, both.
Logically, the problem that arises during the construction of dam is loss of shelter of the tribal
people, loss of land. It is a fact that only upstream face these problem.
Apart from this, dams are built to distribute water and divert part of water of river to a specific
area. That’s the reason why the dam is proposed to be built here. As it is very evident that the
Western part of Kartina has been hit by drought which led to loss of lives and loss in economic
revenue due to bundh and agitation by the people.
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If the dam is built it will divert the water of river Biffin to the drought prone areas benefiting
it all the way.
A Country should think and take decisions that will benefit its people. All Environment Impact
Assessment have been done then only the authorities gave the permitand it is very substantial
in nature.
Human Rights are those rights which. are social, legal and moral in nature. The Republic of
Kartina, since its independence in 1951, has been facing a standard of living crisis. Due to
unpredictable weather, political unrest, a housing crisis, and a refugee crisis that led to a
substantial increase in the population, poverty remains widespread in the country. Despite
having a fast developing economy, Kartina is one of the poorest in the world, with the Kartina
population facing an abject lack of basic resources like nutritious food, clean drinking water,
and consistent electricity. So, On 22nd June, 2022, Mr. Angelo Mubble, the President of
Kartina, announced the construction of The Great Kartina Dam . The undertaking was
estimated to cost a whopping $4 billion but was the biggest hydroelectric project to date in the
entire continent of Tymayus. The Dam was predicted to generate over 4,500 megawatts of
electricity, thereby doubling the output of electricity in the country. This would significantly
improve the lives of the people of the Republic of Kartina. Mr. Mubble announced that the
Dam would be fully constructed by 2036. When questioned about whether the action was in
contravention to the Treaty, Mr. Mubble said that although the construction will start shortly, it
will not affect the flow of the river until 2030, by which time the Treaty would have lapsed. In
a show of good faith, he also announced that though the Dam is likely to change the flow of
River Biffin, the Republic of Kartina would like to offer the hydroelectricity generated by the
Dam to Dhall at an immensely subsidized rate.
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RESPONDENT
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PRAYER:
"Your Honor,
of
I.
ns are in
the
the
ecosystems, causing a domino
quality poses a grave risk to Dhall's farming community and the nonhuman living
organisms that rely on the river's resources.
II.
that
extend beyond mere
- term damage
to Dhall's ecosystem cannot be dismissed.
III.
should
ights enshrined
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IV.
nd on these
resources.
We humbly implore this esteemed court to recognise the adverse consequences of
the
The
-
precedence over short-term economic gains.
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