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MOSTAJO, LIANE HILARY GALE N.

Philosophy of Law

SETTLEMENT: Issue 1 (Dorian Wrasse)


AMALEA RITANIA

1. Amalea will ask Ritania to only pay for the 1. Ritania will pay for the one-year
one-year commercial loss brought by the commercial loss due the Dorian wrasse---
destruction of the breeding of Dorian amounting to not more than USD 250
wrasse, or at least until sufficient amount million, while it is still in the process of
were restored or reproduced from the new developing a new breeding ground near
breeding that Ritania will financially the Amalean coast, to which Ritania will
provide. also assist financially. This offer would be
enough since after the new breeds of the
2. If Ritania will provide for aquaculture Dorian wrasse were harvested/ collected,
expenses, Amalea will answer for the it will provide Amalea a greater growth on
assessment fees covering: a) development its fishing industry. The value of
application fee by referral agency which will aquaculture production in the U.S., for
cost approximately USD 2,000; b) resource example, exceeds USD 1.13 billion per
allocation authority assessment fees which year which is more than the enough to
will cost about USD 1,500; and c) general cover for the previous loss.
fisheries permit which will cost not more
than USD 280. 2. While in the process of developing new
breeding ground for the Dorian wrasse,
3. If Ritania would agree to provide for the half of the 250,000 employees of
financial aspect with respect to the Amalea’s fishing industry who had lost
breeding of Dorian wrasse near the their job due to the suspension of Dorian
Amalean coast, Amalea is willing to take wrasse catch will be appropriated for the
charge of the execution of the plans for breeding while the other half would be
breeding, including the monitoring, feeding temporarily hired by Ritania for other
and catch/harvesting, as well as wages for works since Ritania is already a developed
its employees. Amalea would also be the industrialized country. In lieu of this,
one to pay for researchers/scientists that Ritania will also provide for their training
would help in determining the most rapid since most of them are probably trained
and feasible way for the reproduction of only for fishing.
Dorian wrasse.
3. Ritania will look for alternative or
substitute marine fish that would replace
the Dorian wrasse, without sacrificing the
taste, nutritional value and cooking
characteristics that satisfies both
Amaleans’ diet, as well as the taste sought
for by the diners of big star restaurants
from around the world which imports
Dorian wrasse. Since the Dorian wrasse is
typically consumed only on special
occasions, Amalea may issue an order to
temporary restrain their people from
harvesting the fish, just until the new
breeding ground is developed.
SETTLEMENT: Issue 2 (Cargast)
AMALEA RITANIA

1. Since Ritania is only after the Sacred 1. Ritania is willing to hire, at their own
Coronet and other artifacts allegedly expense, an “inspector/authenticator” of
plundered from their capital—Helios, cultural heritage to assure that some of
Amalea is willing to return those specific the items recovered contained in the
items only provided that Ritania would pay Cargast actually belong to them and if it
half the costs of the salvage of the Cargast was certified, they would ask Amalea for
including their contract with Milo Belleza, as the return of only the Sacred Coronet as
well as the diving equipment used for the well as other artifacts believed to be
salvage since it also Ritania in the actual theirs.
recovery of the Coronet and other artifacts
precious to them. 2. Ritania will pay for all the expenses used
2. Amalea is willing to hand-over all the items for the salvage of the Cargast as well as
recovered from the Cargast to any the return/transfer of the Coronet and
international museum, upon Ritania’s other artifacts. The value of the Coronet
agreement so that it would be for the to Ritania is more than the cost of its
benefit of mankind as a whole and that recovery.
neither Amalea nor Ritania would have to
pay for its maintenance. 3. To serve fairness, Ritania is willing to place
3. Amalea would ask Ritania to sign an the objects recovered from the Cargast to
agreement in regard to sending of patrol an international museum, provided that
vessels within Amalea’s uncontested EEZ. Amalea would do the same, if it would be
According to the agreement, Amalea would hard to prove to whom the items really
sanction Ritania and its navy patrol vessel belong because of its more than a century
the next time it abridges their agreement. semblance.
But as provided also in the agreement,
Ritania may still be allowed to navigate their
vessels within the area for as long as it will
first secure a permit from Amalea, enclosed
with a valid reason for passage.
SETTLEMENT: Issue 3 (Oscar de Luz’s Arrest)
AMALEA RITANIA

1. Amalea will pay for the damages on 1. Ritania will sanction their own coast
Ritanian-flagged yacht (Daedalus) caused by guards for negligence with respect to their
the pursuit of their authorities on arresting inaction to pursue Luz when he entered
Luz. Though Icarus also suffered damages Ritania’s uncontested EEZ. If the coast
from the pursuit but the Daedalus is the guards had acted immediately after orders
one that was seriously damaged as it sank of Amalean authorities were sent through
right after the collision. several radio frequencies, nothing would
2. Amalea will sanction the captain of Icarus have prompted Amalea from crossing the
for its negligence with respect to the pursuit boundaries.
of Luz and the serious damage towards the
Daedalus. 2. Ritania will allow Luz’s temporary
3. Amealan government would issue a public detention to Amalea provided that both
apology, admitting the pursuit as violative of of the parties would lay down rules of
the international law provided that Ritania engagement with respect to arrest of a
will not file any charges or complaint against fugitive being pursued by authorities of
their authorities. another State/s.

3. Ritania will not file for criminal charges


concerning the illegal pursuit on Luz, but
will demand reparation from Amalea
concerning the serious damage towards
Ritanian-flagged yacht Daedalus.

SETTLEMENT: Issue 4 (Jurisdiction over Oscar de Luz)


AMALEA RITANIA
1. Amalea will ask Ritania to adopt an 1. Ritania will immediately adopt an
international law providing for the international law for the prosecution of
prosecution of offenses committed outside offenses committed outside their
Ritania’s territorial waters to be assured territorial waters to provide assurance to
that Luz will be tried for his criminal act. If Ritania that Luz will not get away without
under the adopted law, Luz must be criminal or civil liability with regard to the
punished with death penalty, Amalea will Rosehill collision.
allow the punishment to be lowered into
life imprisonment. 2. If Ritania has already adopted an
international law specifically including
2. Amalea is willing to repatriate Luz to Ritania prosecution of offenses similar of the case
provided that Amalea has already adopted of Luz, and after Amalea has agreed for
an international law concerning the crime Luz’s repatriation and his trial under
charged against Luz, and provided that Ritanian court, Ritania will allow Amalea
Amalea would be allowed to send their own to send their own counsel and witnesses
counsel or prosecution team for the during the trial—free of travel expenses
observation of a fair trial. funded by Ritanian government.

3. Amalea would pay for the damages the 3. If ever Amalea will not agree for Luz’s trial
Rosehill caused the Excelsior Island and it in Ritanian court because of the extent of
would also sanction the Rosehill captain, his criminal offense and because of the
the surviving crew, or at least its owner for nonexistence of penal laws for the
the negligence when it did not maintain a abovemention offense, Ritania will ask
proper look-out to avoid the risk of possible Amalea to be allowed to send their own
collisions at sea. counsel and witnesses to Amalea. This is
to assure that Luz will be given a fair trial.
If Luz be convicted and eventually
imprisoned, Amalea should allow Ritania
to send their own human rights
commission officer from time to time to
be secured against possible torture or
inhuman punishment posed against Luz.

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