The Applicant Request for Information Is Ill-Founded: The Respontent Denial For Information Is in Compliance with Art. VI of the 1985 Treaty

Decent Essays

In 1985, the parties to the current dispute have concluded a treaty on Mutual Assistance in Criminal Matters (hereinafter 1985 Treaty). According to the treaty, were certain condition at Art. V respected the Respondent shall transmit to the counterpart only the information that the Respondent deems relevant to the alleged criminal offences. Additionally, Art. VI provides that:
“[a]assistance may be refused when the execution of the request would seriously impair sovereignty, national security, or other essential public interests or for any reason provided by [the Respondent] domestic law.”
Furthermore, jurisdiction has to be considered as a prerequisite in order for the …show more content…

Moreover, based on the definition and the purpose of the self-judging clause expressed in Art. VI, the Respondent puts forth that only the requested State shall be entitled to determine whether it would be harmed by providing the requested information.
According to the first self-judging clause, the Respondent shall take into consideration the integrity of its National sovereignty. In the current dispute, were the immunity of Captain Squarejaw to be granted by this honorable Court, the required information would directly diminish the legal status of a high-ranked State Official of the Respondent. Consequently, according to the principle of sovereign equality and of State immunity, the sovereignty of the Respondent would be directly impaired by providing the requested information.
The second self-judging clause to be considered regards to the National security of the requested State. A statement of the Respondent has already clarified that further information would directly undermine its national security. In fact, the 2013 hijacking and the ensued hostage taking is only one of a number of the relevant skirmishes occurred in the past few years. In fact, since 2010 there have been a number of further skirmishes along the border and under no factual ground it can be inferred that the

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