23rd M.C Chagla. Moot Problem
23rd M.C Chagla. Moot Problem
23rd M.C Chagla. Moot Problem
Petitioner
V/s.
The
Free
Republic
of
Braavos
Respondents
MOOT
PROPOSITION
Page 1 of 6
their
boats
and
other
equipment.
The
year
2013
also
saw
an
unprecedented
collapse
in
the
banking
system
of
Braavos.
As
a
result
of
these
conditions,
Braavosi
fishermen
turned
to
piracy
to
supplement
their
income.
The
pirates
organized
themselves
into
major
gangs
called
Khalasar
with
each
one
being
headed
by
a
Khal.
The
most
fearsome
of
these
was
a
Khalasar
called
the
Red
Dragons.
3. As
Braavos
was
located
close
to
major
shipping
routes,
this
began
to
pose
a
great
problem
to
the
shipping
in
the
region.
In
an
attempt
to
contain
this,
a
number
of
countries
including
the
neighboring
countries
of
Volantis,
Tytos,
and
Pentos
deployed
their
navies
in
a
multinational
naval
anti-piracy
force
to
restore
stability
in
the
region.
However,
due
to
the
scale
of
the
piracy
operations,
and
the
nature
of
the
waterways
these
measures
proved
ineffective,
as
it
was
not
possible
for
the
multination
naval
task
force
to
effectively
perform
its
task.
In
particular,
the
level
of
organization
of
the
Red
Dragons
ensured
that
they
could
strike
without
fear.
4. As
the
problem
of
piracy
in
Braavosi
waters
had
now
assumed
international
significance,
192
countries
of
the
world
including
Braavos,
Volantis,
Quarth,
and
Pentos
attended
the
Third
Conference
on
the
Law
of
the
Sea
to
Curb
Piracy.
At
the
said
conference,
it
was
agreed
between
the
nations
of
the
world
that
drastic
measures
were
needed
to
contain
the
piracy
problem.
Countries
therefore
agreed
to
authorize
merchant
navy
companies
to
appoint
armed
private
security
guards
on
merchant
ships.
These
guards
became
known
as
the
Second
Sons.
Page 2 of 6
Page 3 of 6
6. In
December
2015,
there
was
then
a
further
renegotiation
wherein
all
the
above-mentioned
countries
further
reduced
the
liability
of
the
said
companies
for
acts
of
the
armed
personnel
to
15,000
Braavosi
ducats.
a) Section
2
(aa)
-
Convention
shall
mean
the
Convention
on
Prevention
of
Piracy
in
the
Braavosi
Archipelago
as
amended
from
time
to
time.
b) Section
235A
Notwithstanding
anything
contained
in
any
law
in
force,
an
employer
shall
be
liable
for
any
act
committed
by
any
Second
Sons
in
the
course
of
his/her
duty/employment
only
upto
the
limits
provided
for
under
the
Convention.
For
this
provision
to
apply
the
employees
must
be
a
party
to
the
convention.
8. The
statement
and
object
of
the
amending
Act
made
it
clear
that
the
purpose
of
the
amendment
was
to
give
effect
to
the
mandate
of
the
Third
International
Conference
on
the
Law
of
the
Sea
(UNCLOS-III).
9. In
February
2016,
the
said
nations
amended
the
convention
to
further
reduce
the
liability
of
the
said
companies
for
acts
of
the
armed
personnel
to
10,000
Braavosi
ducats.
10. In
order
to
protect
its
companies,
and
by
offering
considerable
trade
benefits
to
Braavos,
Volantis
convinced
Braavos
to
grant
even
more
Page 4 of 6
11. This
move
angered
many
people
in
the
State
of
Lys,
where
a
reform
minded
Chief
Minister,
Arvind
Snow
(of
the
Winter
Party)
had
recently
been
elected.
In
April
2016,
the
Regional
Govt.
of
Lys
promptly
enacted
the
Protection
of
Maritime
Trade
Act
that,
amongst
other
things,
once
again
imposed
a
liability
of
20,000
Braavosi
Ducats
for
the
acts
of
the
Second
Sons
on
all
ships
irrespective
of
their
flag
state
in
the
territory
of
Lys.
The
said
Act
received
Presidential
Assent
on
24th
April,
2016.
12. On
2nd
May,
2016,
a
Volantian
ship,
the
Andal
(owned
by
the
Varys
Corporation,
a
Volantian
company)
was
sailing
in
the
territorial
waters
of
Braavos,
within
3
nautical
miles
of
the
coast
of
Lys.
The
sailors
noticed
a
boat
speeding
towards
the
ship.
Despite
a
warning
the
said
boat
continued
towards
the
the
Andal.
Suspecting
this
to
be
a
pirate
attack,
the
Second
Sons
opened
fire
on
the
boat
killing
the
sole
person
on
board.
13. On
a
complaint
being
made
by
the
widow
of
the
killed
person,
Archana
Stark,
The
Andal
was
intercepted
by
the
Braavosi
Navy
and
forced
to
put
into
harbor
at
Lys
city.
The
complaint
stated
that
Archana
Starks
Page 5 of 6
husband
who
had
been
killed
by
the
Second
Sons
was
a
fisherman.
The
two
Second
Sons
who
had
opened
fire
on
the
speedboat
were
subsequently
arrested
by
Braavosi
Authorities.
14. Archana
Stark,
on
legal
advice,
filed
a
Writ
Petition
in
the
High
Court
of
Lys
seeking
to
strike
down
the
relevant
legislation.
The
Varys
Corporation
was
also
made
a
party
to
the
dispute.
The
Varys
Corporation
also
filed
a
Writ
Petition
challenging
the
'Protection
of
Maritime
Trade
Act'
and
for
a
declaration
that
there
is
no
liability
on
an
owner/employer
for
acts
of
the
Second
Sons
when
the
ship
is
flagged
in
Volantis
and
the
owners
are
Volantian.
Archana
Stark
was
also
made
a
Respondent.
Both
matters
have
been
tagged.
15. Counsel
for
the
Petitioner
shall
represent
Mrs.
Archana
Stark,
while
Counsel
for
the
Respondent
shall
represent
the
Varys
Corporation.
The
present
case
concerns
only
these
Writ
Petitions,
and
does
not
involve
criminal
liability
or
the
question
of
actual
damages.
16. Apart
from
the
provisions
set
out
above,
the
Constitution
and
laws
of
The
Free
Republic
of
Braavos
are
in
pari
materia
with
the
Constitution
of
India
and
the
laws
of
the
Republic
of
India,
respectively.
The
Rules
of
the
High
Court
of
Lys
are
in
pari
materia
with
the
Bombay
High
Court.
Judgments
of
the
Supreme
Court
of
India
and
the
Bombay
High
Court
are
considered
binding
in
the
same
manner,
as
they
would
be
before
the
Bombay
High
Court.
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