实训项目三:国际模拟法庭的书状制作
一、实训目标
通过实训，学生应熟悉国际法院书状的格式要求、注释规范以及内容架构，并在此基础上，写出合格的模拟法庭书状。通过实训，学生应了解书状对于涉外法律诉讼的重要性，并促使学生在采用案例分析三段论、做好充分准备的基础上，全力撰写提交给法庭的书状。通过实训，学生能结合所适用的法律，细致分析所有案情要点，并提出合理合法的主张。通过实训，学生在撰写书状的过程中，能逐渐形成法庭辩论的基本观点，并结合对书状的补充与修改，进一步完善其法庭辩论的基本观点。
二、实训原理
在涉外法律实务中，书状的制作具有非常重要的地位。对于非诉讼业务来讲，书状(合同、法律意见书、备忘录等)就是法律服务的直接结果。对于诉讼业务来讲，书状(申请书、起诉书、反诉书等)是进行诉讼的关键步骤，一份好的书状对于案件的处理结果有着至关重要的影响。
在采用国际法院诉讼程序的曼弗雷德·拉克斯空间法模拟法庭竞赛中，书状的制作与提交是一个重要环节。这里的书状一般包括两种类型:一种是起诉国所提交的诉状，另一种是应诉国所提交的答辩状，当然，如果应诉国准备提出反诉的话，可以将答辩状与反诉状合二为一。
曼弗雷德·拉克斯空间法模拟法庭竞赛中的书状一般包括以下内容:
1.封面。采用国际法院常用格式，说明案件的审判法院(国际法院)、案件名称、当事国、提交方等情况。
2.目录。应按照顺序，将引注表、提交的问题、案情陈述、论证总结、全部论证要点、提交法院的主张等部分的页码依次标出，其中，全部论证要点采用单独的页码——通常为阿拉伯数字，而目录中的其他部分采用罗马数字。
3.引注表。应将书状中所引用的公约、文章、专著、联合国文件、案例、杂项资料等一一列出，并标注引用这些文献的论证部分的页码。
4.提交的问题。应将案件所争议的主要问题一一列出，并提交法院审议。
5.案情陈述。应将完整的案情提交法院，但不得在这一部分加上任何一方的主张或论证。
6.论证总结。应将己方的论证总结为几个大点、每个大点之下可以包括几个小点，并按照逻辑顺序将这些要点一一陈列给法庭。这一部分是书状的重要内容，因为模拟法庭上的法官往往通过审阅论证总结，对当事方的主张获得迅速而全面的了解，从而对当事方提出自己的问题并作出自己的初步判断。
7.论证。应对上述要点作出详细论证，可以在小点之中再设分支点，可以引用各种资料，充分地说明全部要点。这一部分是书状的主要内容和实质内容，因为当事方全部的意见都体现在这一部分之中，而目录、引注、提交的问题、论证总结以及提交法院的主张都是建立在其基础之上。如果法官对某一个论点感兴趣，那么他往往会详细地审阅有关的论证部分，看看当事方论证得是否充分、合理。这是最能体现当事方书状功力的部分，也是对于当事人书状优劣的较量具有决定意义的部分。
8.提交法院的主张。应说明己方要求法院作出何种裁判。
三、实训要求与过程
总的来说，实训要求学生熟悉国际法院书状的格式要求、注释规范以及内容架构，并在此基础上，写出合格的模拟法庭书状。
就实训的具体步骤来说:
首先，应使学生了解书状对于涉外法律诉讼的重要性，并促使学生在采用案例分析三段论、做好充分准备的基础上，全力撰写提交给法庭的书状。
其次，应使学生熟悉提交到模拟法庭的书状的基本格式要求，对于书状的封面、目录、引注表、提交的问题、案情陈述、论证总结、论证、提交法院的主张等构成部分有一个清晰的认识。
再次，应使学生初步设计出书状的框架结构，并应使学生集中全力，专攻书状的实质部分——论证，力争说明充分、阐述清晰、逻辑合理。
复次，应使学生结合对论证部分的阐述，完成论证总结，力争提出有力的观点，使法官一目了然并留下深刻印象。
最后，结合论证与论证总结，完成书状的目录、引注表、提交法院的主张等部分，并反复修改与补充书状的有关内容。
四、实训材料
以下是武汉大学代表队针对2009年曼弗雷德·拉克斯空间法模拟法庭竞赛试题，为起诉方The Principality of Fornjot所撰写的书状(节选)。请以此为模板，针对曼弗雷德·拉克斯空间法模拟法庭竞赛2009年试题，为应诉方The Republic of Telesto撰写一份书状。
SUMMARY OF ARGUMENTS
Ⅰ.Telesto's refusal to return the Bergelmir，its cargo and its crew to Fornjot is contrary to the Outer Space Treaty and the Rescue Agreement.
A.Telesto violated Article V paragraph 1 of the Outer Space Treaty which requires that the nine crew members in Bergelmir shall be safely and promptly returned to Fornjot—the State of registry of the space vehicle，after they made an emergency landing on the territory of Telesto.
B.Telesto violated Article 4 of the Rescue Agreement which speculates that if，owing to emergency landing，the personnel of a spacecraft land in territory under the jurisdiction of a contracting party，they shall be safely and promptly returned to representatives of the launching authority.However，rather than returning the crew to Fornjot and fulfill this obligation，Telesto charged them with espionage and sentenced them to life in prison.
C.Telesto violated Article VIII of the Outer Space Treaty by refusing to return the objects(the Bergelmir)or component parts(the cargo)to Fornjot，who is always the owner of them.
D.Telesto violated Article 5(3)of the Rescue Agreement because upon repeated request of Fornjot through diplomatic channel，objects launched into outer space(the Bergelmir)and their component parts(the cargo)found in Telesto's territory shall be returned to Fornjot—the launching authority，but Telesto refused to do so.
Ⅱ.The military use of satellite systems by Telesto itself is inconsistent withthe UN Charter and the Outer Space Treaty.
A.Telesto was contrary to Article 2(4)of the UN Charter by using its Narvi and Paaliaq systems for military purposes，which was inconsistent with the purpose of the United Nations.This also creates a potential threat against the territorial integrity or political independence of Fornjot.
B.Telesto violated Article III of the Outer Space Treaty by conducting its activities in the exploration and use of outer space in a manner not in accordance with international law(including the Charter of the United Nations)，and for a purpose not in the interest of maintaining international peace and security and promoting international cooperation and understanding.
C.Telesto violated Article IV of the Outer Space Treaty because as a state party to the Treaty，it should not place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction，or station such weapons in outer space in any other manner.However，Telesto deployed groundbased anti-missile rocket systems and short-range nuclear missiles in Daphnis.
Ⅲ.Telesto gives Daphnis access to the use of its satellite system for military purposes，and violated the UN Charter and the Outer Space Treaty.
A.Telesto violated Article 2(4)of the UN Charter by giving Daphnis access to Narvi and Paaliaq systems for military purposes because it had created the actual threat against the territorial integrity or political independence of Fornjot.
B.Telesto violated Article III of the Outer Space Treaty by conducting its activities in the exploration and use of outer space in a manner not in accordance with international law(including the Charter of the United Nations)，and for a purpose not in the interest of maintaining international peace and security and promoting international cooperation and understanding.
C.Telesto violated Article IX of the Outer Space Treaty by ignoring and even infringing the Fornjot“corresponding interests”.Pursuant to the Skoll Convention，Telesto gave Daphnis more military and technological assistance of Narvi and Paaliaq systems，and what's more，Telesto deployed ground-based anti-missile rocket systems and short-range nuclear missiles in Daphnis，thus constituted a huge threat to the safety of Fornjot.
Ⅳ.According to the UN Charter，the Outer Space Treaty and the Liability Convention，Telesto is liable for the destruction of most of thesatellites of the Rhea and Ijiraq systems directly resulted from its retaliation.
A.Telesto violated Article 2(3)of UN Charter which speculates that Telesto shall settle the international disputes by peaceful means in which international peace，security and justice are not endangered.Obviously，immediate military retaliation by using armed force is never in the scope of peaceful means and can't be explained to be made for the common interest either.
B.Telesto failed to fulfill its duty under Article 2(4)of UN Charter that as a member of the United Nations，it shall refrain in its international relations from the threat or use of force against the territorial integrity or political independence of Fornjot，or in any other manner inconsistent with the purposes of the UN.
C.Telesto violated Article 33(1)of the UN Charter by using retaliation as the first and immediate solution of the dispute with Fornjot.However，Telesto shall first of all，seek a solution among negotiation，enquiry，mediation，conciliation，arbitration，judicial settlement，and other peaceful means of its own choice.
D.Telesto violated Article III of the Outer Space Treaty by carrying on its activities in the exploration and use of outer space in a manner not in accordance with international law，and for a purpose not in the interest of maintaining international peace and security and not promoting international cooperation and understanding either.
E.According to Article VI of the Outer Space Treaty，Telesto is internationally responsible for destroying the Fornjot systems in outer space.Telesto，as a contracting party to the Outer Space Treaty，should assure that national activities are carried out in conformity with the provisions set forth in the present treaty.
F.According to Article VII of the Outer Space Treaty Telesto is internationally liable for the damages of Fornjot on the destruction of most of the satellites of the Rhea and Ijiraq systems in outer space.
G.According to Article III of the Liability Convention，Telesto should bear international liability because“the damage is due to its fault”.
ARGUMENT
Ⅰ.Telesto violated the Outer Space Treaty and the Rescue Agreement by refusing to return the Bergelmir，its cargo and its crew promptly to Fornjot.
A.Telesto shall return the nine crew members to Fornjot according to theOuter Space Treaty and the Rescue Agreement.
The crew on Bergelmir is a group made up of nine astronauts who perform certain space assignments after receiving professional training on the Earth.All of them are under the protection of the Outer Space Treaty and the Rescue Agreement.
1.According to Article V paragraph 1 of the Outer Space Treaty，Telesto shall return the nine crew members to Fornjot.
This Article speculates that astronauts“shall be safely and promptly returned to the state of registry of their space vehicle”after they make an emergency landing.[8]
Because of a collision with a microscopic piece of space debris，Bergelmir—the Fornjot's manned reusable launch vehicle，had to make an emergency de-orbit and return to the Earth after its life support system was damaged.The Bergelmir made an emergency landing in the territory of Telesto finally.[9]According to Article VIII of the Outer Space Treaty，Telest—a contracting State Party to the Outer Space Treaty，has the duty to render“all possible assistance”[10]to the crew members and to return them safely and promptly to Fornjot—the State of registry of their space vehicle.The specific place where the Bergelmir could land in emergency is completely out of control of the crew on board.[11]However，despite repeated requests made by Fornjot through diplomatic channels，Telesto refused to return them.
2.Telesto has the obligation to return the crew members to Fornjot according to Article 4 of the Rescue Agreement.
In this case，Telesto should exactly follow the legal steps the Rescue Agreement speculates.[12]
Firstly，when Telesto discovered the personnel of the Bergelmir in its territory who had made an emergency landing，Telesto is obliged to notify Fornjot and the Secretary-General of the United Nations immediately.[13]
Secondly，according to Article II of the Rescue Agreement，Telesto has the obligation to render all necessary assistance to the crew of the Bergelmir and to make close and continuing consultation with Fornjot[14].Fornjot and the Secretary-General of the United Nations should be informed about the steps Telesto had taken and the progress had been made as well.
Thirdly，Telesto has the obligation to return the nine crew members safely and promptly to representatives of Fornjot.[15]
However，Telesto didn't rightly perform the obligation stipulated in the above rules.
3.Telestocharged thecrewmemberswithoutlegalandfactual foundation.
Without jurisdiction，Telesto gave a public trial to the crew members and then convicted and sentenced them life in prison.It's absolutely wrongful and illegal.[16]
Telesto did not have the jurisdiction over those astronauts.
The Bergelmir's landing in the territory of Telesto did not naturally lead to the establishment of Telesto's territorial jurisdiction over those natural persons.[17]Telesto shall regard astronauts as envoys of mankind in outer space[18].Such requirement would not change before a reasonable time[19].Here，those astronauts were playingtheir roles as astronauts.[20]Meanwhile，based on Article VIII of the Outer Space Treaty，Fornjot，as the launching State of the Bergelmir，retains jurisdiction and control over the nine crew members“exclusively”.As a result，it is clear that Telesto has no substantial interest in the jurisdiction.[21]
The crew of the Bergelmir never conducted espionage towards Telesto.
At the beginning，the nine crew members'assignments were to deploy three Hyperion satellites，so they had nothing to do with espionage.Later，unfortunately，an accident forced the Bergelmir to make an emergent de-orbit，it finally returned to the Earth and arrived at an air force base in Telesto.Although in this base there are some strategic nuclear bombers of Telesto，this condition itself can't be regarded as evidence of action of espionage，because it's out of the crew's intention and control.[22]It is also impossible for them to take any action related to espionage after the emergent landing.
B.Telesto shall return the Bergelmir and its cargo to Fornjot according to the Outer Space Treaty and the Rescue Agreement.
The Bergelmir is used as launch vehicle and the cargo it carries shall be regarded as component part of it.Besides，there are some space objects such as Hyperion-24 satellite which is still onboard.All of them are under the name of“space object”.According to Article I(d)of the Liability Convention，“space object”includes component parts of a space object as well as its launch vehicle and parts thereof.[23]
1.According to Article VIII of the Outer Space Treaty，Telesto shall return the Bergelmir and its cargo to Fornjot.
Telesto violated Article VIII of the Outer Space Treaty by refusing to return the Bergelmir and its cargo to Fornjot.
Under this Article，Fornjot shall retain jurisdiction and control over those objects，which are not affected by their presence in outer space or by their return to the Earth.Here the“Earth”has quite wide meaning which should include“the territory under one country's jurisdiction”or“on the high seas”or“in any other place not under the jurisdiction of any state”.[24]Of course，an air force base in Telesto where some of the strategic nuclear bombers of Telesto were based is not excluded.There is no any justifiable reason for the transfer of ownership in this case. The change of ownership status must arise from the consent of the right entity except for the public interest is violated or the fundamental legal principles are disobeyed，and so on.[25]
Pursuant to Article VIII of the Outer Space Treaty，Telesto is obliged to return Fornjot the Bergelmir and its cargo.
2.Article 5(3)of the Rescue Agreement is violated.
Telesto should exactly follow the legal steps that the Rescue Agreement requires and return the Bergelmir and its cargo to Fornjot at last.
Firstly，according to Article 5(1)of the Rescue Agreement Telesto has the obligation to notify Fornjot and the Secretary-General of the United Nations when it discovers that the Bergelmir arrived on its territory[26].
Secondly，Telesto is obliged to take necessary steps to recover the Bergelmir and its component parts.Article 5(2)of the Rescue Agreement requires each contracting party having jurisdiction over the territory on which a space object or its component parts has been discovered shall，upon the request of the launching authority and with assistance from that authority if requested，take such steps as it finds practicable to recover the object or component parts.[27]
Thirdly，according to Article 5(3)of the Rescue Agreement Telesto has the obligation to return the Bergelmir and its cargo to Fornjot.
However，after discovering the Bergelmir，Telesto didn't follow exactly those steps.Until now，Fornjot knows nothing about the condition of them and can't get them back.
C.Fornjot—the launching state and the state of registry has the right to require Telesto to return the Bergelmir，its cargo and its crew but Telesto refused.
Fornjot is a launching state under Article 6 of the Rescue Agreement and a state of registry under the definition in Article I of the Registration Convention[28].As the nation who owns jurisdiction and control over them，Fornjot has the right to require Telesto to return the Bergelmir，its cargo and its crew.[29]If Teleso needs any assistance，Fornjot is quite willing to cooperate with Telesto with a view to the effective conduct of search and rescue operations.[30]Of course，if Telesto requests，Fornjot will furnish identifying data prior to the return.[31]
However，in spite of repeated requests by Fornjot through diplomatic channels，Telesto took unilateral action and decision without any communication between two countries.Fornjot is very sorry and indignant for the attitude of non-communication and non-coorperation of Telesto.[32]
In this way，Telesto badly violated its duty[33]required by the international law and infringed the legitimate right of Fornjot as well.
Ⅱ.The military use of the satellite systems by Telesto contravened the UNCharter and the Outer Space Treaty.
A.Telesto's military power in outer space is boosting up recently.
Telesto is one of the most powerful and advanced military powers in the world. Furthermore，Telesto kept investing heavily in the deployment of governmental satellite constellations in low Earth orbit such as the Tarvos，the Narvi and the Paaliaq series.Originally，the government of Telesto used the 3 satellite systems exclusively for its own use，including both non-military and military applications.[34]
At the first sight，Telesto's satellite systems are only military support missions that won't cause direct destruction as weapons do，because the former don't have destructive power.But as a matter of fact，such satellite systems contribute a lot to the fatalness and aggressiveness of Telesto's military power and threaten the peaceful use of the outer space and the security of the world greatly.
In recent years，Telesto even deployed more ground-based anti-missile rocket systems and short-range nuclear missiles in Daphnis in the condition that its original missile located in Telesto.
B.The use of the satellite systems for military purpose by Telesto contravened Article 2(4)of the UN Charter because it constituted a violation to the purposes of United Nations.
Telesto contravened Article 2(4)of the UN Charter which rules that all members shall refrain in their international relations from the threat or use of force in any other manner inconsistent with the purposes of the United Nations.Meanwhile，as Article 1(1)of the UN Charter stipulates，the main purpose of the United Nations is“to maintain international peace and security”.[35]
In the current world，it is widely believed that demilitarization in outer space is beneficial for the common interests of the human-kind.[36]Obviously，Telesto's energic development of its military used satellite systems is not in conformity to this trend. Even worse，as a member of the Conference on Disarmament，it severely violated thepurposes of the conference.[37]It led to a competition to produce even more destructive anti-satellites weapons and even more complex and expensive technology for protection against those weapons.[38]The military use of such high technology does lead to a more and more serious military competition which will easily end in a vicious circle.[39]
C.The use of the satellite systems for military purpose by Telesto itself contravened ArticleⅢof the Outer Space Treaty.
This article speculates that State Parties to the Treaty shall carry on activities in the exploration and use of outer space“in accordance with international law，including the Charter of the United Nations”and“in the interest of maintaining international peace and security”.
1.Telesto violated international law，including the Charter of the United Nations.
As demonstrated in partⅡB，Telesto's action were contrary to Article 2(4)of the UN Charter and also violated the ArticleⅢof the Outer Space Treaty.
2.Telesto didn't act“in the interest of maintaining international peace and security”.
Any military use of satellite systems which threaten to other States will also harm the international peace and security since the conflicts between states can change into international security crisis.[40]Telesto as a member of the Outer Space Treaty has the obligation to respect the interest of maintaining international peace and security. However，Telesto's activities were not in the interest of maintaining international peace and security.
3.Telesto contravened ArticleⅠof the Outer Space Treaty by carryingout its activities in the exploration and use of outer space not“for the benefit and in the interests of all countries”.
Furthermore，Telesto's activities in the exploration and use of outer space were not carried out“for the benefit and in the interests of all countries”that is required by ArticleⅠof the Outer Space Treaty.Such activities harmed to the international collaboration between nations.This requirement is a significant limitation to the right of free exploration and use by all States.[41]The military use of satellite systems by Telesto disobeys the above requirements.
D.Telesto violated ArticleⅣof the Outer Space Treaty by deploying antimissile rocket systems and short-range nuclear missiles under the support of the military use of the satellite systems.
On 29 November 2015，Telesto deployed anti-missile rocket systems and shortrange nuclear missiles in Daphnis.[42]This is a malicious violation of ArticleⅣof the Outer Space Treaty which speculates clearly that State Parties to the treaty undertake an obligation not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction，or station such weapons in outer space in any other manner.[43]
ArticleⅣof the Outer Space Treaty directly deals with the military activities in space and illustrates that any military uses of outer space is incompatible with the spirit of the Outer Space Treaty.The narrowly specific scope of the prohibition was clearly unintentional.[44]It seems that Telesto didn't place“any objects carrying nuclear weapons or any other kinds of weapons of mass destruction”in orbit around the Earth，however，Telesto did“station such weapons in outer space in other manner”.
Ⅲ.Telesto contravened the UN Charter and the Outer Space Treaty by giving Daphnis access to the military use of satellite systems.
A.Pursuant to the Skoll Convention，Telesto gave Daphnis the access to the military use of its satellite systems.
Under the Skoll Convention，Daphnis is granted access and use of the Narvi and Paaliaq systems and their associated technology by paying an annual charge to Telesto.[45]Daphnis immediately began adapting its military forces to those systems which provided Daphnis with superior communications capability and real-time remote sensing imagery of far superior quality.[46]What's more，Telesto even deployed ground-based anti-missile rocket systems and short-range nuclear missiles in Daphnis.These are all technological and military capabilities that Daphnis did not have prior to the Skoll Convention.[47]
Telesto violated its duty on purpose at a special stage in the relationship between Daphnis and Fornjot.Relations between Daphnis and Fornjot remained tense，in particular，in the issue of unsettled boundary[48].Telesto's intervention would harm the benefits of Fornjot and even the people of Daphnis，because it led Daphnis to solve the disputes in military way.Having got the access to the military use of outer space satellite systems and missile systems，Daphnis upgraded to the field of outer space.[49]
B.Telesto contravened Article 2(4)of the UN Charter by giving Daphnis the access to the use of the satellite systems for military purpose.
Article 2(4)of the UN Charter imposes Telesto the obligation to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of Fornjot.The military use of satellite systems is inconsistent with the purpose“to maintain international peace and security[50]”of the UnitedNations.And Fronjot's peace and territorial integrity is greatly imperiled by Telesto's giving Daphnis access to its military use of the satellite series and weapons.Such action ruined the international relationship between Fronjot and Telesto，and was not beneficial for both sides.[51]
Telesto's authorization greatly harmed the interest and national security of Fornjot.Such effect is reinforced as skirmishes between Daphnis and Fornjot along their borders continued.[52]
Telesto contravened ArticleⅢof the Outer Space Treaty.
ArticleⅢrules that State Parties to the treaty shall carry on activities in the exploration and use of outer space，in accordance with international law(including the Charter of the United Nations)，in the interest of maintaining international peace and security and promoting international cooperation and understanding.
1.Telesto violated international law，including the Charter of the United Nations.
As demonstrated in partⅢB，Telesto's giving Daphnis access to the military use of satellite systems is contrary to Article 2(4)of the UN Charter.As a result，Telesto violated ArticleⅢof the Outer Space Treaty.
2.Telesto didn't act“in the interest of maintaining international peace and security”.
Telesto contravened ArticleⅢof the Outer Space Treaty and then it didn't comply with its obligation to act“in the interest of maintaining international peace and security”.The military use of satellite systems also threaten other states' national security as demonstrated above.At the same time，the international peace and security were harmed.[53]Telesto，as a member of Outer Space Treaty，has the obligation to act in the interest of maintaining international peace and security.
3.Telesto's giving Daphnis access to the military use of its satellite systems never promotes“international cooperation and understanding”but harmsthem.
Fornjot never denies that there are disputes between Fornjot and Daphnis. However Fornjot did have tried to resolve the disputes peacefully.[54]Telesto misdirected Daphnis to deal with the dispute militarily，which shut down the possible international cooperation between Daphnis and Fornjot.And Telesto even promoted to cut off the channel to certain international understanding between Daphnis and Fornjot.
C.The authorization given to Daphnis contravened Article IX of the Outer Space Treaty，because Telesto ignored to pay“due regard”to Fornjot's“corresponding interests”.
This article is a general rule of international law and was applied by this Court in the 1974 Fisheries Jurisdiction case.[55]But Telesto violated this article and made Fornjot a direct victim.
As an instant result of Daphnis's access to the military use of satellite systems from Telesto，the relationship between Daphnis and Fornjot were filled with hostility. As Article 2(1)of the UN Charter declares，the organization is based on the principle of the sovereign equality of all its members.[56]It is well recognized that“no State or group of States has the right to intervene，directly or indirectly，for any reason whatever，in the internal or external affairs of any other state”.[57]As equal countries，Telesto didn't have any reason to interfere the affairs of other nations. Telesto deliberately ignored the legitimate interests of Fornjot.
Ⅳ.Pursuant to the UN Charter，the Outer Space Treaty and the Liability Convention，Telesto should bear international responsibility and liability for destroying most of the satellites of the Rhea and Ijiraq systems.
Because the damage was caused in the outer space and not on the surface of theearth，ArticleⅢof the Liability Convention[58]should be applied in this case. According to this Article，Teleso shall be liable because the damage is caused due to its fault.
A.The retaliation directly caused damages on Fornjot.
Telesto launched a large-scale attack as immediate retaliation，and thus destroyed most of the satellites of the Rhea and Ijiraq systems.[59]As declared in ArticleⅠof the Liability Convention，for the purposes of this convention，the term“damage”means“loss of life，personal injury or other impairment of health;or loss of or a damage to property of states or of persons，natural or juridical，or property of international intergovernmental organizations”.[60]Here the damage indeed resulted from the attack，so there is a causal link between them.
B.Telesto had fault.
Telesto had the straightforward aim and plan to attack Fornjot's satellites of the Rhea and Ijiraq systems，even without giving a chance for the sides to understand the situation better.Telesto failed to fulfill its duty to settle disputes peacefully，and then caused great damages to Fornjot.It is Telesto's fault to take such action without following the legal steps under the international law and principles.[61]
1.Telesto violated the UN Charter by using armed force.
Article 2(3)of the UN Charter was violated.
Article 2(3)of UN Charter speculates that Telesto shall settle the international disputes by peaceful means in such a manner that international peace and security，and justice，are not endangered.Obviously，immediate retaliation cannot be regarded as a peaceful means.
Nowadays，using non-peaceful methods to settle the international disputes are limited by modern international law to the collective security measure taken by the Security Council pursuant to Article 24(1)＆(2)of the UN Charter and otherrelative procedural requirements in the Charter.[62]For example，Article 24(1) states“in order to ensure prompt and effective action by the United Nations，its Members confer on the Security Council primary responsibility for the maintenance of international peace and security，and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf”.The attack taken by Telesto really led to devastated and disastrous effect，so Telesto obviously violated the principle of peaceful settlement of international disputes.[63]
Telesto violated Article 2(4)of the UN Charter.
Article 2(4)of the UN Charter demands Telesto to refrain itself in the international relations from the threat or use of force against the territorial integrity or political independence of any state，or in any other manner inconsistent with the purposes of the United Nations.
Fornjot，who is the owner of the satellites of Rhea and the Ijiraq series，suffered huge loss and damage from the destruction of them imposed by Telesto.The use of armed force itself is illegal and violates the obligation speculated in the above article. The Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation Among States expressly declares the foregoing principle as well.The UN Council Security Council also had，in 1964，by majority，condemned reprisal as being“incompatible with the purposes and principles of the UN”.[64]
Telesto violated Article 33(1)of the UN Charter by using military retaliation as the first and immediate solution of the dispute with Fornjot.
Article 33(1)lays the basis of legal and reasonable methods of dispute resolution.The parties to any dispute shall first of all，seek a solution by negotiation，enquiry，mediation，conciliation，judicial settlement，resort to regional agencies or arrangements，or other peaceful means on their own.The foregoing Charter provisions have been affirmed in General Assembly Resolutions，for example，Resolution 625(ⅩⅩⅤ)calls for the peaceful settlement of disputes.[65]
The fact is that just one day after the Janus event，Telesto initiated an immediate retaliation.Not any rational and lawful responses through diplomatic or other channels were made by Telesto，except for the military retaliations.However，“a reprisal wouldn't be justified，if at all，where the state against which it is directed had been guilty of conduct in the nature of an international delinquency.Moreover，a reprisal would not be justified if the delinquent state had not been previously requested to give satisfaction for the wrong done”[66].
2.Telesto violated ArticleⅢof the Outer Space Treaty.
State Parties to the Treaty shall carry on activities in the exploration and use of outer space，in accordance with international law，including the Charter of the United Nations，in the interest of maintaining international peace and security and promoting international cooperation and understanding.[67]However，Telesto launched a largescale attack from ground-based missiles，which led to enlargement of the dispute and constitute a violation of the Outer Space Treaty.And all the means foreseen by general international law and the Charter，including the provisions of ChapterⅥ，are applicable to outer space.[68]
C.Telesto is liable for the damages and should make compensation.
1.According to ArticleⅥof the Outer Space Treaty，Telesto is internationally responsible for its national behavior of destroying Fornjot's systems.
This Article stipulates that Telesto，as a State Party to the Outer Space Treaty，should assure that its national activities in outer space are carried out in conformity with the provisions set forth.The responsibilities of a State can be invoked if there is a breach of international law and the breach is attributable to the State.[69]Telesto hasrdto bear international responsibility for its actions.
2.According to ArticleⅦof the Outer Space Treaty，Telesto is internationally liable for the damage of Fornjot on most of the satellites of the Rhea and Ijiraq systems in outer space.
ArticleⅦestablishes the international liability of launching States for the damages caused by their space objects.International liability is based on the culpable conduct of States.Telesto is liable for the destruction under ArticleⅦof the Outer Space Treaty since it is a launching State in terms of liability.
3.Telesto should bear the responsibility and make compensation according to the Liability Convention.
The 1972 Liability Convention achieves the greatest advance in providing procedures for the settlements of disputes relating to space activities.[70]The organization and procedure，basis for evaluating damage，the amount of compensation etc.，are specified in this Convention to settle a claim.
In fact，Telesto and Daphnis should bear joint liability to Fornjot，because they are both launching States under ArticleⅠof the Registration Convention，for“launching State”means“a State which launches or procures the launching of a space object”or“a State from whose territory or facility a space object is launched”.[71]And Fornjot has the right to seek the entire compensation from any of the launching States according to this convention.
Fornjot，as the“injured State”，is entitled to get compensation from Telesto who“committed an internationally wrongful act”and caused damages.[72]
SUBMISSION TO THE COURT
For the foregoing reasons，the Principality of Fornjot，Applicant，respectfully requests the Court to adjudge and declare that:
1.Telesto contravened international law by refusing to promptly return to Fronjot the Bergelmir，its cargo and its crew;
2.Telesto contravened international law by using the satellite systems for military purpose;
3.Telesto contravened international law by giving Daphnis access to the military use of its satellite systems;
4.Telesto is liable for the destruction of the Rhea and Ijiraq satellite systems，and Fornjot is entitled to compensation.
五、延伸思考与习题
1.简述书状的法律意义。
2.简述书状的类型。
3.简述书状的组成部分。
4.什么是书状的实质内容?
5.如何依据论证，做好论证总结?
6.如何使得己方所提交法院的主张简略、醒目而有力?
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