MOOT PROPOSITION1

Lohkas and Yagistan

1. Lamdo is a disputed area between State of Sumiyan and State of Lohkas, that area is located
near the tri-junction with the Republic of Yagistan. Both states, Sumiyan and Lohkas claim Lamdo in
their own territories. Though Yagistan does not claim Lamdo in its territory but supports the claim of
Lohkas. It is also mentioned here that Yagistan has no boundary dispute with Sumiyan or Lohkas in
Lamdo Area.

2. Sumiyan's claim on Lamdo is based on the 1918 Treaty of Attukas between State of Sumiyan
and imperialist Britain, which states that the boundary of Mikashi province (now part of Yagistan) and
Betim province (now part of Sumiyan) shall commence at Mount Lamdo on the Lohkas frontier.

3. Sumiyan asserts that by the said treaty, the starting point of Mikashi- Betim border is Mount
Lamdo on the Lohkas frontier and that this clearly defines the tri-junction point. As per Sumiyan’s
claim, Lamdo is located in its Betim province, bordering the Mikashi province of Yagistan.

4. In 1999, Lohkas signed a treaty with Yagistan, According to this treaty both parties agreed that
they shall cooperate closely with each other on issues relating to their national interests. Apart from
this Yagistan also agreed in the treaty, to guide the diplomatic and defense affairs of Lohkas.

5. On the other hand, from the same year of 1999, Sumiyan’s maps started showing Lamdo area
as a part of its territory. Hence tensions arose between Lohkas and Sumiyan. The negotiations were
initiated to resolve this boundary dispute. Yagistan also supported the negotiation move. Though
Lohkas and Sumiyan have held many rounds of boundary talks since 2000 but both parties failed to
create a consensus on the status of the Lamdo. In the meantime they agreed not to use force against
each other. They also agreed to encourage the peaceful means of settlement of the dispute.

6. In January 2019, Sumiyan tried to build Pakka Bunkers and other permanent structures for
their army in the Lamdo area, bordering Yagistan. Lohkas protested against this action of Sumiyan by
asserting its claim on Lamdo. The action of Sumiyan also provoked Yagistan as it considered the said

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action of Sumiyan, the direct threat to its Sovereignty and Yagistan sent its troops at the site of said
constructions in Lamdo to prevent the Sumiyan army from raising such type of constructions. It is
mentioned here that Sumiyan has already encroached upon a huge chunk of Yagistan territory in the
hilly region of Meerak province and a big military conflict has been taken place between them
regarding the possession of said territories.

7. Sumiyan protested against the Yagistan’s interference in its territory and the situation
converted in standoff between both armies of Yagistan and Sumiyan. It is noted here that Lohkas
protested against the action of Somiyan after 10 days of the said standoff, by saying that Lamdo
belongs to Lohkas and the interference in the territory of Sumiyan is illegal and is a threat to its
sovereignty.

8. It is mentioned here that Yagistan and Sumiyan also had an agreement in 2011in which they
have taken the pledge, not to raise any structure on their respective sides, within 5 kms of their
common boundary and also not to use fire arms in case of a situation arises from their boundary
dispute. On the present event all the parties preferred negotiations with each other at military and
diplomatic level but could not solve the problem. Ultimately all the three parties; Sumiyan, Yagistan
and Lohkas agreed to resolve the dispute through the International Court of Justice. Accordingly the
case was filed and claims were submitted by the parties and now the matter is fixed for Arguments.

The Claims of Sumiyan:

a. The territory of Lamdo belongs to Sumiyan as the same was acquired by it from the Britain in the
Treaty of Attukas held in 1918, between Sumiyan and Britain. Sumiyan asserted that imperialist
Britain had the control over Lamdo before this Treaty.

b. Lohkas has no claim on the territory of Lamdo as it was never included in the territory of Lohkas.

c. Lohkas never challenged the treaty of 1918, which shows the acceptance of the said treaty by the
respective governments of Lohkas.

d. Lohkas also never interfered or protested against the patrolling of Sumiyan in the Lamdo area
which has been made by the Forward Army of Sumiyan since 1918.

e. Yagistan posed a threat to territorial sovereignty of Sumiyan by illegally entering in its (Sumiyan)
territory.

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f. Yagistan is stranger to the dispute, hence cannot claim any relief from this Hon’ble court.

The Claims of Lohkas:

a. The territory of Lamdo belongs to Lohkas as before 1918 the Lohkasis people used to go to
Lamdo areas with the purpose of grazing their cattle and nobody ever restrained them from
entering the said region.

b. Lohkas has been showing Lamdo in its maps as its own territory, since before the Treaty of
Attukas, signed in 1918 between Imperialist Britain and Sumiyan.

c. Lohkas was not party to the Treaty of Attukas held in 1918 between Sumiyan and Britain, when
Britain agreed to hand over the control of many territories to Sumiyan including Lamdo.

d. The Treaty of Attukas is not more than a paper work, which was done in absence of Lohkas and
the Treaty never executed by handing over actual possession of Lamdo to Sumiyan as the actual
control of the said territory was already with Lohkas.

e. Sumiyan never shown the Lamdo area in its maps before1999.

The Claims of Yagistan:

a. The Lamdo area belongs to Lohkas as its actual possession was never handed over by the
Britishers to Sumiyan.

b. The claim of Lohkas on the Lamdo is legal and valid as Lohkas has been showing Lamdo in its
maps as its own territory since before the Treaty of 1999.

c. Yagistan has right to enter in the territory of Sumiyan and to restrain Sumiyan army from
constructing permanent structures within 5 Km of the common boundary, on basis of the
agreement of 2011 signed between Yagistan and Sumiyan,.

d. Yagistan also has right to restrain Sumiyan from constructing Pakka Bunkers and other military
structures within 5 km. of its common boundary with Sumiyan as it considers the said
constructions as direct threat to its sovereignty. It pleaded that the intention of Sumiyan is to grab
the territories of Yagistan and Lohkas with military might.

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e. Yagistan also claimed that it has right to restrain Sumiyan from constructing military related
structures on basis of the Treaty of 1999 signed between Yagistan and Lohkas. According to this
treaty both parties agreed to cooperate closely with each other in future, on issues relating to their
national interests and Yagistan also agreed to guide the diplomatic and defense affairs of Lohkas.

Additional claims in Replies:

a. Sumiyan said that it has the receipts of tax payment which was paid by the cattle owners before
1918 to the British Sumiyan government for grazing their cattle in the Lamdo area. It also said
that Yagistan cannot claim any relief on basis of the agreement of 2011 which was signed between
Sumiyan and Yagistan, because Yagistan has never recognized the Lamdo as territory of Sumiyan.

b. Lohkas stated that the Yagistan has rightly intervened as by raising military structures, the intention
of Sumiyan was to bully its neighbors and to grab their territories with his military might. It said
that after the illegal entry of sumiyan in its territory in Lamdo, it had protested immediately.

c. Yagistan said that Lamdo should be declared the territory of Lohkas by this hon’ble court, to
restrain Sumiyan from breaking peace in the region and threatening the sovereignty of Lohkas and
Yagistan.

Notes:

a. All the three parties in this case are the member states of United Nations and have also signed and
ratified the Statute of International Court of Justice. All the parties agreed to get decided the
dispute through the International Court of Justice, hence this Hon’ble court has jurisdiction to
decide the case/dispute.

b. All the three parties have signed and ratified The Vienna Convention on the Law of Treaties, 1969.
The customary International Law is applied on all three parties.

c. As Republic of Yagistan and State of Lohkas support the case of each other, so they are arguing
jointly from one side against the State of Sumiyan on the other side.

1The moot proposition has been drafted by Dr. Sukhwinder Kaur Virk, Assistant Professor of Law at RGNUL,
Punjab. Any contact with her regarding the proposition shall constitute an offence of scouting and attract disqualification
or any other punishment decided by the RGNUL Moot Court Committee.

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