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This is a moot problem on International Law for a law school in India. Please provide memorandums from both sides asap. INTERNATIONAL COURT OF JUSTICE COMPROMIS BETWEEN THE STATE OF ADAMANTA (APPLICANT) AND THE STATE OF KOJIMA (RESPONDENT) TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE THE DIFFERENCES BETWEEN THE STATES CONCERNING THE LEGALITY OF USE OF FORCE AND DECLARATION OF INDEPENDENCE OF THE JAMAVI STATE jointly notified to the Court on 16 August 2011 JOINT NOTIFICATION ADDRESSED TO THE REGISTRAR OF THE COURT: The Hague, 16 August 2011 On behalf of the State of Adamanta (“the Applicant”) and the State of Kojima (“the Respondent”), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the legality of use of force and declaration of independence of the Jamavi State, signed in The Hague, The Netherlands, on the sixteenth day of August in the year two thousand and eleven. Ambassador of the State of Adamanta Ambassador of the State of Kojima to the Kingdom of The Netherlands to the Kingdom of The Netherlands COMPROMIS SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY THE STATE OF ADAMANTA AND THE STATE OF KOJIMA ON THE DIFFERENCES BETWEEN THEM CONCERNING THE LEGALITY OF USE OF FORCE AND DECLARATION OF INDEPENDENCE OF THE JAMAVI STATE The State of Adamanta and the State of Kojima, Considering that differences have arisen between them concerning the legality of use of force and declaration of independence of the Jamavi State and other matters; Recognizing that the Parties concerned have been unable to settle these differences by negotiation; Desiring further to define the issues to be submitted to the International Court of Justice (hereinafter referred to as “the Court”) for settling this dispute; In furtherance thereof the Parties have concluded the following Compromis: Article 1 The Parties submit the questions contained in the Compromis (together with Clarifications to follow) to the Court pursuant to Article 40(1) of the Statute of the Court. Article 2 It is agreed by the Parties that the State of Adamanta shall act as Applicant and the State of Kojima as Respondent, but such agreement is without prejudice to any question of the burden of proof. Article 3 (a) The Court is requested to decide the Case on the basis of the rules and principles of general international law, as well as any applicable treaties. (b) The Court is also requested to determine the legal consequences, including the rights and obligations of the Parties, arising from its Judgment on the questions presented in the Case. Article 4 (a) All questions of procedure and rules shall be regulated in accordance with the provisions of the Official Rules of the Amity International Moot Court Competition 2011 (b) The Parties request the Court to order that the written proceedings should consist of Memorials presented by each of the Parties not later than the date set forth in the Official Schedule of the Amity International Moot Court Competition 2011. Article 5 (a) The Parties shall accept any Judgment of the Court as final and binding upon them and shall execute it in its entirety and in good faith. (b) Immediately after the transmission of any Judgment, the Parties shall enter into negotiations on the modalities for its execution. In witness whereof, the undersigned, being duly authorized, have signed the present Compromis and have affixed thereto their respective seals of office. Done in The Hague, The Netherlands, this seventeenth day of September in the year two thousand and ten, in triplicate in the English language. Ambassador of the State of Adamanta Ambassador of the State of Kojima to the Kingdom of the Netherlands to the Kingdom of the Netherlands THE AMITY INTERNATIONAL MOOT COURT COMPETITION 2011 COMPROMIS THE STATE OF ADAMANTA V. THE STATE OF KOJIMA THE CASE CONCERNING THE LEGALITY OF USE OF FORCE AND DECLARATION OF INDEPENDENCE OF THE JAMAVI STATE 1. The continent of Vikita is rich in cultural heritage and natural resources; it was under colonial subjugation from 18th century onwards. Most of the continent got its independence from colonial rule by late 1940?s. The colonial rulers, without considering the aspirations of the people, carved the continent into eight countries, leaving behind a legacy of several unresolved territorial disputes. The largest country of the continent was Kojima and the second largest country was Adamanta. The other countries included Jaydanistan, Khanate of Farazistan and Avisha which were benevolent monarchies, Quishkinda which was a theocratic Republic, Ralakshya a dictatorship and Bidjyot which was ruled by a military Junta. The newly independent countries in Vikita formed the Ashtnag Regional Council in 1947 to ensure economic, social, cultural and military cooperation amongst the member countries. Several other countries signed treaties of amity amongst themselves within the region. 2. Adamanta got its independence in 1949. It has a population comprising of two different ethnicities within its borders. It inherited a feudal setup from its colonial masters who reinstated the former monarchy headed by King Lokarno IV, the last descendent of the Vikarta Kingdom. s emphasis was solely on law and order. He was an ardent supporter of Lassiez Faire encouraging individual initiative and international trade. 63% of Adamanta?s population constituted of the Gawas residing in the central and south eastern region and the Jamavas constituted 29% of its population, who resided in the western regions of the country. Other smaller ethnicities such as the bondis, etc. existed across the country. 3. A feeling of suppression has always existed among the Jamavas and other ethnic minorities. They believed that they deserved a special provision of reservation; however, King Lucarno never considered the proposal. They have alleged that all government and government related sectors have Gawas in much larger number as compared to the other communities. It has also been contended by these groups that they have not been given proper representation in the bureaucracy and the executive. Even the army has very few officers apart from the Gawaits. Also, the Jamavas had initially been a nation by themselves but were split into two different countries by the colonial rulers because of which widespread dissatisfaction prevailed amongst them. There had been several calls for the formation of the Jamavi state that had existed before the division of borders by the colonial rulers. However, the Jamavis had not succeeded in their calls for formation of the old Jamavi state in spite of many mutinies in the past. 4. Kojima, a neighbor of Adamanta along the western border is a country with 75% of its population constituting Jamavis. It holds a very strong position in the Ashtnag Regional Council as it was instrumental in the Council?s formation. Kojima is also a nonpermanent member of the UN Security Council. Sadako, a 500 square km region on the western border of Adamanta is an area with 60% of its population constituting Gawas and is very rich in natural resources such as oil, gas and minerals. The territory was traditionally considered a part of Adamanta. Adamanta could not afford a war with a much more powerful Kojima owing to its duel with natural adversities like famine and epidemic that impacted its economics as a new born nation as well as a sovereign who preferred stability with neighbors as a way of escaping from the internal dissensions and threats from nationalist forces from amongst the bureaucracy, military and the people. Due to this and the influence of Kojima in the Ashtnag Regional Council , an agreement was reached between the two countries in the presence of 3rd party mediators, wherein a treaty was signed seceding Sadako to Kojima on 1st October 1955. In addition to the aforesaid treaty of secession, a Treaty of Amity was also signed to continue peaceful relations between these two nations in 1955. The population and army of Adamanta was very upset with the arrangement but had to accept King Lucarno?s decision unwillingly. The relations between the two nations remained peaceful and cordial till 1987. 5. In the year 1987, General Nastha, a Gawaite military general, through bloodless military coup overthrew King Lukarno due to his inefficiency in tackling unemployment and inflation and towing a strict capitalist agenda. At the very outset of his regime, General Nastha declared his intention to regain Sadako from Kojima. Gen Nastha incited his people by asking them to “be prepared for a 1000 year war with Kojima if it does not return Sadako”. In pursuant to this agenda he mobilized mass public support for the return of Sadako and often mentioned the bruised pride of the Gawa people who had won the entire territory of Adamanta from the Jamavas in the medieval ages. General Nastha initiated socialist policies and nationalised all sectors of development which he thought would solve problems of unemployment and recession. He was against allowing any foreign investment and wanted the economy to be totally self-reliant. In particular, he viewed proposals for foreign investment in the oil sector with suspicion. In pursuance of his ideals, he increased the tariff rates for imports and exports, thereby adversely affecting oil exports in the region. 6. In pursuance of his endeavors and priorities of governance, General Nastha declared that his government would not follow any reservation policy. In an interview, General Nastha said that „he respected all individuals as equals and would not bring in any special reservation which would lead to a division in society?. The Jamavis were highly unhappy with this decision of the government and their feeling of dissatisfaction with the government increased. Following this, there was widespread agitation against the government by the minorities, who resorted to widespread attacks on government property and gawaits giving rise to high internal tensions in the country. On 24 th July 1991, Jamavis attacked an area of Gawas wherein several civilians were injured. In response to this, several searches were conducted by security forces who found large number of weapons. Newspapers across the country reported that the weapons were from Kojima. The Sazmi Times, a newspaper controlled by close aides of General Nastha alleged that senior Jamavi leaders of Kojima had their hands in planning the widespread attacks in Adamanta. 7. The relations between the two countries had reached its lowest ebb by the end of 1995 when Kojima recalled its ambassador from Adamanta, and also expelled the Adamanta ambassador from its territory. The Foreign Minister of Kojima accused General Nastha for inciting ethnic hatred among the people of Adamanta, which has placed the entire region under a security threat thereby affecting their diplomatic relations. In response, General Nastha alleged that Kojima had supported the rebels in the unrest and sporadic incidents of violence by providing them with arms and ammunitions. Adamanta further, contended that Kojima, by its actions has breached the Treaty of Amity. General Nastha also affirmed that Adamanta will continue its endeavors to secure the territory of Sadako from Kojima. 8. General Nastha decided to acquire large scale military hardware to the tune of 2.7 billion dollars from various global powers which also included a purchase of 250 new fighter aircrafts and also raised 5 new army units. On the night of 16th Dec. 1997 under the orders of General Nastha, the Adamantan army launched operation „golden goal? to wrest back Sadako. It was meant to be an operation with the limited purpose of securing Sadako and destroying the Kojiman air force base located therein. However when Kojima learnt of the attack, they responded by opening newer fronts across the international border between the two nations. The Adamantans had not anticipated such a massive response to their adventure by Kojima and were now embroiled in a full scale war. In spite of the unanticipated Kojiman military response, Adamanta not only secured Sadako but also went on to secure some very important border posts and strategic towns across the border. This situation lasted for nearly one year when the tide began to turn in favor of the Kojimans who not only regained Sadako but also completely flushed out the Adamantans from their country and were now on the offensive. All efforts of the Ashtnag Regional Council and the United Nations to have a peaceful settlement between the states had been unsuccessful. It was suspected by the Government of Adamanta that Kojima got its upper hand as well as information about their plans to launch attacks against Kojima because of the confidential information and support provided by the Jamavi people residing in Adamanta. 9. The war lasted for two and a half years with neither side gaining a comprehensive victory and eventually ended in a stalemate in 2000. It resulted in a loss of face for General Nastha and severely damaged the image of the army, which failed to wrest Sadako. It was alleged by the Jamavi leaders in Adamanta that as a result of this, General Nastha launched various attacks against the Jamavis in the south western cities and towns killing scores of people and buried them in large graves during the time of war and after. This had been vehemently denied by the General Nastha, during a press meet on 13 th August, 2000 wherein he claimed that the mass graves which were made during the war were only to bury the Adamantan and Kojiman soldiers who died in the war. 10.Following the aforementioned events, on 30th Nov. 2000, General Nastha amended the National Security Act, 1963, in accordance with which, all public meetings or gathering were prohibited with effect from 1st Dec. 2000. Further, it gave security forces the unrestricted power to take any person in their custody without any warrant. Moreover, no trials were allowed to be conducted for prisoners found guilty of breach of the provisions of the National Security Act, 1963. Following a certain chain of events during which many arrests were made, it was reported in The Filloworth Times, that 90% of the people arrested by the security forces under the aforesaid amendment, were Jamavis. This revelation incited more agitation among the Jamavis, due to which they carried out a massive protest. 11.These events further led to the launching of another armed insurgency against the Adamantan government in 2001 and were encouraged by some regional and global powers to seek complete independence and to form the old Jamavi State. The Jamavi leader Mr. Tony Kimjihoon gave many statements asking the Jamavi populace to unify and intensify its fight for independence. He asked the people to get an independence from Adamanta to form the Jamavi state, declaring 20th December 2001 as their Independence Day. 12.The Adamanta government responded by warning the Jamavi people not to resort to any sort of violence and protests against the government. They were given assurance that they would prosper under the governance of General Nastha. The government relied on the findings of the 1998 census which was conducted by a commission setup by it, which showed that the Jamavis have seen a considerable spurt of 11 percent in the overall growth and human development index during the last decade and also mentioned that the death rate had seen a decrease of 6 percent while the birth rate has had a marginal increase of 3 percent. Also the per capita income had risen by 17.65 percent suggesting significant rise in purchasing power and a higher standard of living despite all the wars and other troubles faced by the government. He sought the support and cooperation of the Jamavi people to help him „serve them better?. 13.The Jamavi leaders mocked the government calling the census a “pack of lies”. Following this, various protests and sporadic attacks were directed against the government by the Jamavis. The government took steps to have peaceful negotiations with the Jamavi leaders. An uneasy peace was restored after signing an accord between the Jamavi leaders and General Nastha to allo

w Jamavis autonomy provided they would not seek independence and would not resort to armed rebellion against the state on 27th April 2002. 14. Following the restoration of peace, General Nastha set out to develop infrastructure in Adamanta, wherein he decided to set up nuclear power plants to solve the problem of energy crisis in his country. For this Dr. mans Dotvosky, a nuclear scientist, who had a reputation of being a rouge scientist, was called to provide technical support for setting up of nuclear reactors. Three power plants were set up in the next three years and were functional by July 2005. There were wide spread allegations that the power plants were being used for developing nuclear weapons, which General Nastha proposed to use against Kojima, in his fight for Sadako. General Nastha also refused inspection by the IAEA which further added to the suspicions. 15.However this condition of peace came to an end when a wide spread pro-democracy revolution swept the entire region in 2006 with the people of many neighboring countries peacefully protested against despotic and undemocratic rule in their countries. The rulers had to eventually bow to the will of the people after holding out for several months. These revolutions saw an unprecedented number of protestors take to the streets and were led by the youth from the front. Another aspect of the entire region was the very large and enthusiastic participation of women, children and the elderly as well. The despots would often clamp down upon independent and international media channels, yet it would go entirely to the credit of the social networking sites such as buddies network etc that led to the revolutions becoming such a huge success. 16. The year 2007 saw similar protests in Adamanta. The protests were completely peaceful and like many other countries of the region the protestors comprising of people from all walks of life decided to gather in the state capital to register their protest and ask General Nastha to step down. The protests were allowed to continue peacefully for the next two months however the government eventually launched a crackdown upon the protestors killing many of them. 17.The government on its part tried to give the entire issue an ethnic color by accusing the minority communities of fomenting all the trouble. It went even further by suggesting that Kojima was tacitly supporting the rebel groups by providing them aid as well as arms to counter the government forces. Eventually the government intensified its operations against the protestors and imposed martial law. It was also alleged that General Nastha turned down the calls for peaceful resolution of the issues. With the development of these issues, the Jamavis increased their pressure by resorting to violence in response to the government?s activities. In response, the government resorted to more violence by directing thousands of troops to the Jamavi region in order to regain control over the area. Many international media personnel present in the country conceded that several civilians were killed by the government security forces. By July 2009, the situation had deteriorated further. 18.On 14th September 2009 the United Nations Security Council taking cognizance of the situation passed Resolution No. 335 to allow humanitarian aid to the people of Adamanta and to take all necessary measures to protect civilians under threat of attack in the country. However, it disallowed any foreign occupation force of any form on any part of Adamanta — requesting them to immediately inform the Secretary-General of such measure. It further restrained Adamanta from pursuing its nuclear program and sought cooperation from Adamanta to allow inspection of its nuclear facilities by IAEA. The resolution was passed with 9 countries including Kojima voting in favor of the resolution. Four other countries having direct ties of trade with Kojima also voted in favor of the resolutions. Other countries like Avisha, Shabland which had failed in their negotiations with Adamanta to establish trade relations voted in favor of the resolution. Out of the 5 permanent members of the UN, Avisha, Akrisha and Shabland voted in favor while Adinen and Tarina abstained. 19.On Dec 1st, 2009 operation „Big Bang? was launched at the command of the Security Council to restore order. The presidential residence was targeted and one of the sons of General Nastha was reported killed. General Nastha protested that the bombing violated the mandate of the Security Council. The Ashtnag Regional Council imposed sanctions against the Adamanta Government through asset freezes and travel bans. The spokesperson of the Council Mr. Argetlam Garrison gave a statement that “there are more sanctions and military actions yet to be taken unless Adamanta ceases its military operations against the civilians.” 20.Air support was provided in western regions of Adamanta to the Jamavian rebels. With the aid of the foreign powers, the capital city Illyrea and headquarters of the government was also bombed. These attacks resulted in the death of 232 people and many casualties in Illyrea alone. The air attack also pounded the nearby cities of Zenga, Linor, Sphiga and Imzak. General Nastha stated that there has neither been any suppression nor any military operations against the civilians. He also said that “The reasons given by the Council for imposing sanctions and military actions are highly questionable and the internal affairs of the country should not to be subjected to interference”. He also pointed out that a grave human rights violation was being perpetrated by the external powers as Adamanta , a power starved country, was being denied access to meet its power needs thereby crippling its developmental program. 21.After 11 months, there was a stalemate in which neither rebels nor General Nastha?s army was able to force any gains in their favor. The rebels, with the air support of the Ashtnag Council, were spread throughout the northern and the eastern regions of the country. There was mass destruction of civil property and loss of human life. The country was in a very chaotic state but none of this was sufficient to dislodge General Nastha from his seat of power. By then, the rebels were in control of the western parts of the country and also all the major natural resource rich areas. 22.Rebels had declared their independence on 31st March 2011. They had also attempted to establish diplomatic ties with the other states in their region and also, convincingly, had been granted de facto recognition by many states. The spokesperson of the rebels, in an interview to an international news agency had talked about their de jure recognition within next 6 months for the newly formed Jamavi State. 23.Following this, General Nastha has alleged that the Security Council resolution is ultra vires the principles of the UN. He pointed out that the body has not followed the mandate of dialogue and negotiation that ought to precede the use of force. He has also alleged that the actions of Kojima and the Ashtnag Council were in breach of the territorial integrity of Adamanta. He also alleged that the Kojiman actions to be in breach of the treaty of Amity. Referring to the interview of the spokesperson of the rebels, he said that the rebels never had the right to self-determination. He reiterated his objections to the interference and obstruction to his nuclear power program. General Nastha stated that the matter would be taken up to the ICJ for resolution. 24.In response to the allegations of General Nastha, the foreign affairs minister of Kojima said that the ICJ did not have the jurisdiction to adjudge the validity a Security Council resolution. He justified international intervention on the grounds of human rights violation and a suspicious nuclear program. He also said that the Jamavis in Adamanta had acquired the right of self-determination in accordance with the customary international law and the UN Charter. 25.Adamanta and Kojima are both members of the United Nations, and are parties to the United Nations Charter, the Statute of the International Court of Justice, the Vienna Convention on the Law of Treaties, the International Covenant on Civil and Political Rights, the four Geneva Conventions of 1949 and additional Protocols I and II thereto, and the International Covenant on Economic, Social and Cultural Rights. Neither State has made any reservations, declarations or understandings with regard to any of these treaties. 26.Applicant, Adamanta, asks the Court to adjudge and declare that: (1) The Security Council Resolution 335 violates international law and the court should order immediate cessation of operation Big Bang ; (2) The amendments to the National Security Act, 1963, are consistent with international law; and (3) The actions of Kojima were in breach of the territorial integrity of Adamanta and also breach the treaty of Amity moreover, the attacks were a disproportionate and unlawful act of aggression against the people of Adamanta; (4) The unilateral declaration of independence by the Jamavi people is inconsistent with International Law. 27.Respondent, Kojima, asks the Court to adjudge and declare that: (1) The Court has no authority to adjudge the validity of a Security Council resolution or order cessation of operation Big Bang. (2) The amendments to the National Security Act, 1963, violates the rights of Adamantans under international law; and (3) The actions of Kojima were consistent with Kojima?s rights under international law and neither constituted a breach of the territorial integrity of Adamanta nor breached the treaty of Amity moreover, the act was not an act of aggression but part of a legitimate and proportionate intervention in Adamanta (4) The Jamavi people had a right to self-determination under international law and Kojima has not breached the treaty of Amity by supporting the Jamavi State. ANNEXURE-I THE ADAMANTA- KOJIMA TREATY OF 1955 ARTICLE I. There shall be perpetual peace and friendship between the President of Adamanta and of Kojima and the citizens and subjects of their respective Governments. If other powers deal unjustly or oppressively with either Government, the other will exert their good offices on being informed of the case, to bring about an amicable arrangement, thus showing their friendly feelings. ARTICLE II. After the conclusion of this Treaty of amity and commerce, the gh Contracting Powers may each appoint Diplomatic Representatives at the ports of the other, which are open to foreign commerce, at their own convenience. These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The Diplomatic and Consular Representatives of the two Governments shall receive mutually all the privileges, rights and immunities, without discrimination, which are accorded to the same class of Representatives from the most favored nation. Consuls shall exercise their functions only on receipt of an exequatur from the Government, to which they are accredited. Consular authorities shall be bona fide officials. No merchants shall be permitted to exercise the duties of the office, nor shall Consular officers be allowed to engage in trade. At ports to which no Consular Representatives have been appointed, the Consuls of other Powers may be invited to act, provided that no merchant shall be allowed to assume Consular functions, or the provisions of the Treaty may, in such case, be enforced by the local authorities. If Consular Representatives of the Adamanta in Kojima conduct their business in an improper manner, their exequaturs may be revoked, subject to the approval, previously obtained, of the Diplomatic Representative of the Adamanta. ARTICLE III. All citizens of the Adamanta in Kojima, peaceably attending to their own affairs, shall receive and enjoy for themselves and everything appertaining to them, the protection of the local authorities of the Government of Kojima, who shall defend them from all insult and injury of any sort. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the consul, shall immediately dispatch a military force to disperse the rioters, apprehend the individuals, and punish them with the utmost rigor of the law. Subjects of Kojima, guilty of any criminal act towards citizens of Adamanta, shall be punished by the authorities of Kojima, according to the laws of Kojima; and citizens of the Adamanta, either on shore or in any merchant-vessel, who may insult, trouble or wound the persons, or injure the property of the people of Kojima, shall be arrested and punished only by the consul or other public functionary of the Adamanta, thereto authorized, according to the laws of the Adamanta. When controversies arise in the Kojima between the citizens of the Adamanta and citizens of Kojima, which need to be examined and decided by the public officers of the two nations, it is agreed between the two Governments of the Adamanta and Kojima, that such cases shall be tried by the proper official of the nationality of the defendant, according to the laws of that nation. The properly authorized official of the plaintiff?s nationality shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interest of justice. If he so desires, he shall have the right to present, to examine and to cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest them in detail. It is however mutually agreed and understood between the high contracting powers, that whenever Kojima, that shall have so far modified and reformed the statutes and judicial procedure in its country that, in the judgment of Adamanta, they conform to the laws and course of justice in the Adamanta, the right of exterritorial jurisdiction over Adamanta citizens in Kojima shall be abandoned, and thereafter Adamanta citizens, when within the limits of Kojima, shall be subject to the jurisdiction of the native authorities. ARTICLE IV. The purchase of cannon, small arms, sword, gunpowder, shot and all munitions of war is permitted only to officials of the Government of Kojima, and they may be imported by citizens of the Adamanta only under a written permit from the authorities of Kojima. If these articles are clandestinely imported, they shall be confiscated and the offending party shall be punished. ARTICLE V. Students of either nationality, who may proceed to the country of the other, in order to study the language, literature, laws or arts, shall be given all possible protection and assistance in evidence of cordial good will. ARTICLE VI. This being the first treaty negotiated by Kojima, and hence being general and incomplete in its provisions, shall in the first instance be put into operation in all things stipulated herein. As to stipulations not contained herein, after an interval of five years, when the officers and the people of the two Powers shall have become more familiar with each other?s language, a further negotiation of commercial provisions and regulations in detail, in conformity with international law and without unequal discriminations on either part shall be had. ARTICLE VII. The gh Contracting Powers hereby agree that, should at any time the King of Kojima grant to any nation or to the merchants or citizens of any nation, any right, privilege or favor, connected either with navigation, commerce, political, or other intercourse, which is not conferred by this Treaty, such right, privilege and favor shall freely inure to the benefit of the Adamanta, its public officers, merchants and citizens, provided always, that whenever such right, privilege or favor is accompanied by any condition, or equivalent concession granted by the other nation interested, the United States, its officers and its people shall only be entitled to the benefit of such right, privilege or favor upon complying with the conditions or concessions connected therewith. ARTICLE VIII The gh Contracting powers shall not raise the issue of boundary allocation unless the people of such state, in exercise of their right t