TRANSCRIÇÃOEnglish

Jessup 2026 World Championship Round

2h 41m 43s21,337 palavras3,807 segmentsEnglish

TRANSCRIÇÃO COMPLETA

0:03

Good afternoon.

0:07

>> [applause]

0:11

[applause]

0:14

>> It's the same guy every time.

0:17

Welcome to the White & Case Jessup Cup

0:21

World Championship match.

0:24

>> [applause]

0:30

>> A very special hello to several

0:32

ambassadors who've joined us this

0:34

afternoon at the invitation of their

0:36

Jessup teams. You honor us with your

0:38

presence and I couldn't imagine a

0:41

friendlier environment for you to come

0:42

to for international diplomacy and

0:44

international law. So, you are welcome.

0:48

>> [applause]

0:55

>> And to our remote teams and our friends

0:57

watching around the world, you've

0:58

already heard me talking about going

0:59

live, so you you know we're live. I

1:02

didn't know it was a hot mic.

1:12

They said I was a hot mic.

1:17

>> [applause]

1:23

>> We have a fantastic championship round

1:25

ahead of us with at you now know the

1:27

identities three amazing judges and if I

1:30

can say two amazing teams.

1:33

Representing the applicant Representing

1:35

the applicant today is the National

1:36

University of Singapore.

1:42

>> [applause]

1:50

>> And representing the respondent from the

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Philippines, we have Ateneo de Manila

1:53

University.

1:54

>> [cheering]

1:55

[applause]

2:01

[applause]

2:03

>> So, in a moment the bailiff will call

2:05

all rise and the judges will come into

2:06

the room. Before we do that, I want to

2:08

ask everyone to turn off or set to

2:11

silent mode any mobile phones, smart

2:14

devices, beepers, holographic support

2:16

animals, or anything else that might

2:18

distract the round.

2:21

Shut them down.

2:25

Judges, would someone please add me to

2:27

the WhatsApp group?

2:32

Good luck to both teams.

2:34

Have a great match.

2:37

>> [applause]

2:41

[applause]

3:12

>> All rise.

3:14

The International Court of Justice is

3:16

now in session. President Anaya and

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honorable judges Muñoz and Akande

3:22

presiding.

3:53

The case before the court is the case

3:54

concerning the Gordian Gorge. The

3:56

parties are applicant, the Dominion of

3:57

Alacostia, and versus respondent, the

4:00

Republic of Rostovia.

4:02

The applicant and respondent are each

4:04

allocated 45 minutes to present their

4:05

pleadings.

4:09

Please be seated.

4:20

Good afternoon, everybody.

4:22

Counsel,

4:24

looking forward to

4:26

your presentations. We read your

4:27

memorials with great interest.

4:30

So, um

4:31

applicant, please proceed.

4:53

Please proceed.

4:55

Mr. President, your excellencies, may it

4:58

please the court.

4:59

My name is Phoebe Chan and together with

5:02

my co-agent, Miss Tan Kai Han, and our

5:05

off counsel, Miss Lee Don Jean,

5:08

we act on behalf of the applicant, the

5:11

Dominion of Alacostia.

5:14

For the first 22 minutes, I will address

5:16

this court on the first two issues

5:19

pertaining to Selenia's intervention and

5:22

the consultation of the Piliman people.

5:25

For the next 22 minutes, my co-agent

5:28

will be addressing you on the issues

5:30

concerning Miss Liss Scott's

5:32

extradition, as well as the issue of

5:34

state immunity. And we respectfully

5:37

reserve 1 minute for rebuttals.

5:40

To that end, we advance two main

5:42

submissions.

5:44

First, that Selenia should be permitted

5:46

to intervene in these proceedings as a

5:49

non-party pursuant to Article 62 of this

5:52

court's statute.

5:54

And second, that Rostovia has breached

5:57

its obligations under both treaty and

6:00

customary international law relating to

6:03

the consultation of the Piliman people

6:05

for the development of the Gordian

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Gorge. I turn to address your

6:09

excellencies on the first issue on

6:11

intervention.

6:15

We note that under Article 62, a third

6:19

state can intervene as a non-party if it

6:22

fulfills three conditions. Namely, that

6:25

it has a legal interest. Secondly, this

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interest may be affected by the

6:30

proceedings. And lastly, that its object

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of intervention is proper.

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We note that this court most recently

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confirmed these conditions in its 2026

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judgment in the Sapodilla Cays

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concerning Belize and Honduras with

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Guatemala intervening.

6:48

In this particular case, Selenia, in

6:51

Alacostia's view, has two distinct legal

6:54

interests.

6:55

One, in customary international law as a

6:58

result of its citizens' rights to the

7:01

gorge.

7:02

And second, in the Selenia-Rostovia

7:05

Plateau agreement, which I will address

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in time.

7:11

Firstly, on the customary international

7:14

law interest,

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our position is that Selenia has a clear

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interest in this court's determination

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of the customary obligation on free,

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prior, and informed consent of the

7:26

Piliman people.

7:28

Your excellencies, we note that the

7:30

respondent relies on the 1990 Gulf of

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Fonseca decision between El Salvador and

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Honduras, wherein this court stated that

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a general interest in the rules and

7:41

principles of international law is

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insufficient for the purposes of Article

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62.

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But our argument in this case stretches

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beyond that. And that is because this

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court is specifically determining

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whether or not this obligation has been

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breached by Rostovia to the Piliman

8:00

people.

8:02

And we also note that this stems from

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the very recognition that indigenous

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peoples, as a collective, have the right

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to their traditional lands, here being

8:12

the Piliman people.

8:13

And therefore, our position Are the Are

8:16

the Piliman people in Selenia

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clearly indigenous?

8:21

And they're the majority in that

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country, is that correct? Your

8:24

excellency, we note that they are a

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majority in the country, but that does

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not preclude them from being indigenous.

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What it means to be indigenous would be

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having a certain spiritual and

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connection to this land that they now

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refer to as the Tonga Plateau. And for

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40,000 years, the Piliman people across

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all three states have in fact venerated

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the Tonga Plateau and maintained their

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cultural connection to this land. And

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for that reason, we would consider

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Selenia's citizens to also be

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indigenous.

8:52

>> Well, that would mean a lot of people in

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Europe would be indigenous, right? Who

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have long-standing connections with

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their

8:59

their countries. Is that right?

9:01

Well, your excellency, not quite. Our

9:04

Our understanding of indigenous peoples

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would refer to the first nations of this

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land, and this being the indigenous

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people of Pilimo in this present case.

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And in the example of Europe, that would

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potentially be the Sami people that we

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note span across

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>> the Scots or the Irish?

9:20

Well, your excellency, we certainly

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understand that those could also be

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understood as indigenous, and we would

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certainly be happy for your excellencies

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to acknowledge them as such. And in this

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>> Counsel, following on that, would you

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characterize the Pilimos as a

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transnational indigenous people? And

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what concrete legal consequences would

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follow from that, if so?

9:41

Your excellency, would you be referring

9:43

to the recognition that the Piliman

9:45

people here are indigenous?

9:46

No, I would like to know if, according

9:50

to your understanding, the Pilimos is a

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