Asia Cup International Law Moot Court Competition 2025

CASE CONCERNING THE TRANSBOUNDARY MOVEMENT OF USED ELECTRONICS

(The Republic of Auré lia / The Federation of Ravalancia)

1. The Republic of Auré lia (“Auré lia”), located in the southern hemisphere, is a middle-
income country with a population of approximately 50 million and a per capita GDP of
around USD 4,800 as of 2020. While richly endowed with natural resources including
metals and minerals, the country's infrastructure development remains uneven.
According to a World Bank report of 2015, more than 40% of households lack access to
piped water and rely instead on shallow wells, rainwater catchment, and surface water
drawn from the Lokoro River Basin and its tributaries.
2. The Ravalancia Federation (“Ravalancia”), an industrialized emerging economy located in
the northern hemisphere, has a population of approximately 120 million and spans over
1.8 million square kilometers. A combination of export-oriented manufacturing, large-
scale infrastructure investment, and a burgeoning middle class with rising disposable
income has fueled its rapid economic expansion since the early 2000s.
3. Ravalancia’s economic transformation has fostered a culture of mass consumption,
especially in consumer electronics. Among foreign brands, Sortlax Technologies based in
the State of Kvaros (“Kvaros”) held a dominant position in the Ravalancian market. While
competitively priced, these PCs, smartphones, and other smart devices typically featured
limited after-sales support, non-replaceable batteries, and minimal water- or dust-
resistance, resulting in shorter lifespans and faster product turnover. With formal repair
or refurbishment channels being non-existent, many of the retired devices were either
stockpiled in warehouses, improperly dismantled or ended up in unregulated dumpsites.
According to the 2017 Global E-Waste Monitor issued by UNITAR, the country generated
over 1.5 million metric tons of e-waste in 2016.
4. As an urgent measure to address improper disposal practices, Ravalancia enacted the E-
Waste Management Act (“EWMA”) in 2016. The Act introduced penalties for illegal
dumping and introduced the principle of extended producer responsibility, urging
producers, importers, and distributors to collect discarded electronics. However, speci�ic
obligations for end-of-life management were not uniformly imposed on upstream actors,
and compliance mechanisms largely relied on voluntary industry initiatives. In practice,
cost recovery and downstream processing were often delegated to accredited waste
collectors, whose ability to implement environmentally sound management varied
depending on market conditions and available resources.

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5. On the other hand, export of waste from Ravalancia is regulated by the Waste Export
Regulation Act (“WERA”), which subjects the export of “waste,” de�ined as materials
intended, by the exporter, to be disposed of, or reasonably expected to be disposed of, in
the importing country, to a formal prior informed consent (“PIC”) from the competent
authority of the importing country. The unauthorized export of materials deemed to be
“waste” constitutes a criminal offense, and individuals or entities found to “have
knowingly committed” the offense may be subject to prosecution.
6. Ravalancia’s Ministry of Environment has maintained non-binding guidelines outlining
“waste” indicators, including whether the device possesses basic functionality, whether
any essential components were missing, or whether the unit exhibited visible signs of
damage or contamination necessitating signi�icant repairs. It recommends that
determination should be made by taking into account all considerations and that
exporters uncertain about the status of a particular shipment could request an informal
assessment from the Ministry’s regional of�ices.
7. Liegner & Liner Trading (“LLT” or “L&L”) is a Ravalancian waste collection company,
accredited in 2012, and originally founded in 1995. In its early years, LLT collected a wide
array of discarded consumer items, such as bicycles, motorbikes, and other household
goods. By around 2010, the company had shifted its focus toward the recovery and resale
of used electronic devices. Now, the company aggregates large volumes of used electronic
devices, especially Sortlax devices, from across Ravalancia and conducts triage and
categorization for resale at its facilities.
8. Kvaros is a small island nation situated in the Paci�ic Ocean with a population of
approximately 18 million and a per capita GDP exceeding USD 42,000 as of 2020. Over the
last century, Kvaros has established itself as a regional trade hub. From the 1990s onward,
Kvaros invested in science and technology and provided strong intellectual property
protection. As a result, it is now home to world-leading semiconductors, consumer
electronics, and advanced robotics manufacturers. Leading the industry is Sortlax
Technologies, Inc., a giant tech conglomerate in consumer electronics production,
software and AI designing, and materials innovation.
9. Geographical limitations have restricted Kvaros’ domestic waste management capacity,
which led it to enforce strict waste import control. Under its Environmental Imports Act
(“EIA”), “waste” broadly includes substances or objects that, under the Basel Convention
or domestic law, are likely to be disposed of—whether by land�illing, incineration, or
disassembly for parts recovery. In determining whether a shipment constitutes “waste,”
customs authorities consider multiple factors: the importer’s stated purpose, the item’s
condition and functionality, the presence or absence of major components, any indications

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 of damage or contamination, and documentation from the exporter. An importer’s intent
to discard or dismantle the goods is not, by itself, conclusive, but it raises a presumption
that the shipment requires scrutiny. Kvaros’ general policy was not to issue import permits
for e-waste unless the shipment was demonstrably functional or economically
refurbishable.
10. Beginning in the early 2010s, Kvaros’ industry experts and policy analysts had begun to
voice concerns over the fragility of global supply chains for key electronic components,
which had already been affected by natural disasters as well as geopolitical developments.
The need for domestic recycling of used electronics increased, and industry stakeholders,
led by Sortlax, requested the government to simplify import procedures. Accordingly, in
2012, Kvaros relaxed certain documentation requirements – most notably, by no longer
requiring exporters to perform and certify pre-shipment functionality testing, as long as
items were externally intact and labeled as “repairable.” Under this regime, importers
were permitted to retain and process shipment found to be non-functional after entry,
subject to the payment of an additional handling fee. These changes contributed to a
steady increase in imported used devices, including those of uncon�irmed operability.
11. In 2013, Sortlax Technologies established a wholly-owned subsidiary Sortrlax Circulation
as its own recycling arm. Of�icially, the company imported used electronics for diagnostic
testing, repair, and resale, including minor upgrades such as memory expansion, �irmware
updates, or parts replacements to improve market value. Its cutting-edge machine-
learning system, introduced in 2016, to evaluate external condition and potential
repairability of units, coupled with automated robotic arms, achieved highly ef�icient
processing. The company’s 2020 report claimed that only 2-5% of imported devices were
ultimately deemed unrepairable, for which post-import authorization was sought under
EIA.
12. Sortlax Circulation’ primary supplier in Ravalancia was LLT, which exported around
120,000 metric tons of used electronics between 2016 and 2023, labelled either as
“reusable” or “repairable.” The cargoes often included bulk-packaged devices not
protected by standard packaging materials. The attached labels indicated that the devices
were “not subject to pre-shipment functionality tests.”
13. In 2015, Auré lia, seeking to attract foreign investment and foreign currencies, decided to
establish a modern waste disposal facility and accept, store, and �inally dispose of waste
exported from abroad. In 2016, the government selected Diagloss Waste Solutions Ltd.
(“Diagloss”), a local joint venture between Sortlax Materials and Glü cksanlange AG
(“Glü cksanlange”) from Federal Republic of Weisen, as a developer for the project. The
concluded contract stipulated that the disposal site should start operation in �ive years,

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 while Auré lia would start accepting electronic residues from Sortlax once a temporary
storage site was completed. The temporary site opened in April 2017, featuring concrete
�looring, impermeable lining, and a covered structure, and from May 2017 onward started
storing imported e-waste from Kvaros.
14. On the other hand, construction of the main facility, the �irst advanced waste disposal
system in the country, was repeatedly delayed due to the lack of clear environmental
regulations and streamlined permit procedures, necessitating frequent consultations to
resolve uncertainties. Moreover, the COVID-19 pandemic forced Auré lia to adopt a
stringent lockdown, triggering a nearly two-year work suspension. Subsequent in�lation
and disruptions to materials and labor aggravated the situation. By early 2022, it was
evident that the �ive-year operational target could not be met. In the meantime, over
15,000 metric tons of e-waste imported from Kvaros had already been stored temporarily.
15. Diagloss grew increasingly concerned about cost overruns and reputational risks. In mid-
2022, the developer requested an extension of the operational deadline. While Auré lian
authorities were sympathetic, they could not provide clear guarantees, as new
environmental legislation remained stalled in Parliament. Although Auré lia urged them to
pursue the project, by September 2022, Sortlax and Glü cksanlange independently
concluded that its pro�itability was no longer viable and formally noti�ied their decision
to withdraw from the project in October, invoking force majeure. They claimed that the
project's failure was partially attributed to the State’s own conduct and hinted at the
possibility of launching an arbitration, effectively deterring Auré lia’s further claims.
16. Following Diagloss’ withdrawal, new imports of e-waste were stopped, and by November
2022, provisional control of the temporary storage site was transferred to the Ministry of
Environmental Infrastructure, with no domestic company able to handle the matter.
However, the government’s technical expertise and budgetary capacity fell below the
standard to maintain the facility. Security staf�ing was cut back, and by early 2023,
periodic inspections became irregular, and minor structural damage, such as cracks in the
�looring and water leakage around joint seals, went unrepaired. Local scavengers began
to enter the premises to extract copper wire or recover small devices for resale,
occasionally damaging containment barriers.
17. These vulnerabilities were critically exposed in August 2023, when Auré lia experienced
what the national meteorological agency described as a “once-in-a-century” rainfall event,
which scientists believe was attributed to increasingly erratic weather patterns driven by
climate change. The resulting �loods overwhelmed the site’s integrity, causing untreated
electronic residues to leach into the surrounding soil and the Lokoro River Basin.

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18. In the months following the �lood, hospitals and clinics across eastern Auré lia began
reporting a marked increase in unexplained neurological conditions among newborns,
including severe developmental delays, seizures, and abnormalities consistent with heavy
metal toxicity. Most of the affected infants had been carried by mothers living near the
Lokoro River Basin during their second and third trimesters. Domestic media widely
reported that the contamination likely originated from the abandoned Diagloss storage.
19. A report was published in March 2024 by the Auré lian National Public Health Institute
and Joint Scienti�ic Investigators for Livelihood (“JSIL”), a multinational, independent
consortium of environmental and public health experts. It found that the source of water
contamination was the Diagloss site. It further determined that the residues at the site
bore chemical signatures consistent with printed circuit boards and casings originating
from Kvaros-based manufacturers, mostly Sortlax. The report linked over 80% of the
tested samples to devices commonly produced in Kvaros during the 2010s. The report
concluded with the following sentences:

The consistency of the material pro�ile and the scale of accumulation led us
to conclude that Kvaros-origin e-waste, primarily exported through
commercial arrangements involving Sortlax Technologies, contributed
substantially to the hazardous residue found at the Diagloss site. Both
corporate and State actors failed to ensure environmental soundness in the
movement and disposal of these materials.

20. The Lokoro health crisis and the revelation attracted global media coverage, prompting
public debate and scrutiny in Kvaros. Pressure mounted rapidly after an anonymous
whistleblower, claiming to be a former engineer at Sortlax Technologies, testi�ied to the
BBC that Sortlax Circulation had routinely extracted valuable components not only from
domestic products but also from imported devices formally declared as “reusable” or
“repairable” from Ravalancia’s LLT. The whistleblower emphasized that, in practice, the
vast majority of imported units were “never tested, repaired, or resold,” but were
immediately routed to parts harvesting lanes. She stated:

It's… dif�icult to talk. That AI system... we knew it wasn't designed to �ix things.
The goal was speed, pulling out valuable parts. Once it had those, the toxic
remains were just sent away, to Auré lia. We knew L&L weren't really sending
repairable units – it was mostly junk. They must have known. People looked
the other way for the margins. I helped build it... we made it for pro�it, not
safety, not for the babies it harmed. That's the truth.

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21. Within days of the whistleblowing, Kvaros’ Ministry of Environment conducted an on-site
audit of Sortlax Circulation’s facilities, �inding evidence of persistent violations of the EIA,
i.e. systematically misrepresenting shipments intended for component harvesting and
eventual disposal as “reusable” or “repairable” electronics. The Ministry imposed
administrative penalties, including a record �ine and the temporary suspension of import
licenses. The CEO of Sortlax Technologies admitted the infringements and publicly
apologized before resigning.
22. Records gathered from Sortlax Circulation also indicate that, between 2016 and 2022,
most residues sent to Auré lia originated from used devices supplied by LLT of Ravalancia.
Shipment logs and internal batch coding show that over 85% of the processed units in the
relevant timeframe were Ravalancia-origin electronics, bearing serial identi�iers
consistent with LLT’s export.
23. In parallel, Kvaros entered into high-level consultations with Auré lia, involving
representatives of Sortlax. After intensive meetings, the foreign ministers of the two
countries held a joint press conference on 19 May 2024 in Port Lokoro, attended by Sortlax’
new CEO, and signed a memorandum of understanding, reading in part:

The Government of Kvaros expresses its sincere regret for failing to meet its
obligations under the Basel Convention, including ensuring the
environmentally sound management of e-waste imported and re-exported by
Kvaros-based �irms. To address the immediate crisis, the Governments of
Auré lia and Kvaros have agreed to establish a Joint Emergency Containment
Fund, which the Kvaros Government and Sortlax Technologies will fund. This
Fund shall be used exclusively for urgent site reinforcement, environmental
monitoring, and temporary containment operations.

At the same time, the two Governments recognize that this waste originated
from e-waste exported illegally from Ravalancia to Kvaros, which was
misrepresented at the point of export and did not receive Kvaros’ consent.
Therefore, they consider that long-term disposal liabilities and compensation
claims fall primarily upon the State of export, provided that Kvaros remains
open to continued dialogue and technical assistance.

24. While media reports generally praised the swift action on Kvaros' part, they highlighted
the omission of Ravalancia from the Fund. A prominent international NGO alleged that
Ravalancia was “complicit in the transboundary movement of hazardous waste under the
guise of refurbishment.” Hashtags such as #LiegnerBabyKiller, #ToxicTrade, and
#RavalanPolluter began trending globally.

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25. Amid the media trend, the Ravalancian government launched an investigation into LLT in
late May 2024, dispatching customs and environmental enforcement of�icers to the
company’s headquarters, only to �ind the premises already shuttered. They con�irmed that
key executives, including the CEO and Head of Compliance, had departed the country
weeks earlier, shortly after media reports began on Sortlax’ scandal, with substantial
corporate assets liquidated and transferred to offshore accounts in the Cayman Islands.
26. The authorities recovered a large number of documents from LLT of�ices. They indicated
that, as early as late 2019, many so-called “repairable” units were known to LLT to be likely
dismantled for parts in Kvaros. In October 2019, LLT’s compliance of�ice cautioned
internally that “most of these shipments do not meet even the basic functionality
guidelines, and importers appear to be buying them purely for scrap.” However, a board
meeting in November 2019 dismissed the issue, with one executive remarking that:

Our margins are paper-thin already. If we had to check every damn unit or
sort them by hand, we’d be out of business by Friday. The only way this works
is volume in, volume out – fast and cheap. No one upstream is paying their
share, and there is no �loor price to cover the costs. So, keep shipping, simple
as that. And I’ll tell you this – if out�its like us shut down, Ravalans will drown
in dead electronics before anyone blinks. Kaput!

27. While the Ravalancian prosecutor tried to pursue the company’s and executives’
responsibility, in the absence of a functioning corporate entity or available assets, the
enforcement of cleanup responsibilities against LLT had become a “practical impossibility,”
said a senior of�icial from the Attorney General’s Of�ice. The Ravalancian legislation
contained no provisions assigning secondary liability to producers or distributors in such
a case, nor did it authorize substitute performance by the State.
28. Meanwhile, the Ministry of Environment also revealed that a regional customs of�ice in
Ravalancia had raised concerns with the Ministry. The regional of�ice expressed doubts
about compliance because LLT, despite its history of exporting tons of electronics, had
never consulted the of�ice for an informal assessment. One retired customs of�icial told a
newspaper that this omission was “unusual for a high-volume exporter dealing with
borderline cases and quite suspicious.”
29. In early 2021, three local customs of�icials from the regional of�ice conducted an informal
visit to one of LLT’s main warehouses. According to the visit report, the electronics
observed appeared largely intact and free from visible damage, and all associated
paperwork – including shipping contracts and documentation accompanying shipments
– described the items as “repairable.” When questioned, LLT representatives explained

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 that the low pricing was due to bulk discounts and long-term volume agreements. They
also maintained that functional testing was to be conducted by the importers, and that, if
any units turned out to be non-repairable, the importing party would obtain post-import
disposal permits in accordance with local law. Based on these explanations, the customs
of�icial did not escalate the matter.
30. In the wake of the revelations of this incident, the Ravalancian Ministry of Environment
held a press conference in June 2024. When asked whether the authorities had suspected
the shipments to be illegal, a spokesperson responded:

Let me be clear. Yes, internal discussions and �ield reports did �lag potential
issues regarding certain Liegner & Liner shipments. Concerns were noted.
However, the legal threshold under WERA is high. For enforcement, we
require objective proof that a shipment constitutes “waste” – evidence of
disposal intent or actual improper handling, often con�irmed by the
importing country. Frankly, at the time, that level of evidence was unavailable
to us. The Ministry operates within its legal mandate, and based on the best
available information, we maintain appropriate diligence was exercised.

31. On 14 May 2024, formal negotiations commenced between Auré lia and Ravalancia at the
former’s request. Auré lia asserted that Ravalancia had violated its obligations under the
Basel Convention by authorizing the transboundary movement of materials that, in
Auré lia’s view, constituted “waste” destined for disposal. Citing Article 4 and Article 9 of
the Convention, Auré lia argued that Ravalancia, as the State of export, bore the primary
responsibility for ensuring that the materials would be taken back or, at least, managed in
an environmentally sound manner. Auré lia’s chief negotiator asserted that “the polluter
should pay the price.”
32. Ravalancia maintained that the exported goods were not classi�ied as “waste” at the time
of shipment. Rather, they were “repairable electronics” intended for legitimate reuse, and
there was no dispute concerning the Basel Convention between the two States. It further
contended that, even if the materials were later deemed waste, any responsibilities arising
under the Convention lay between Ravalancia and the importing State, Kvaros. Ravalancia
asserted that Auré lia, not involved in the original transaction, was not in a proper position
to assert legal claims against Ravalancia. In any event, it continued, it had exercised
enough due diligence and was not responsible under the Convention without any fault.
33. Failing to settle their dispute through several rounds of negotiations, Auré lia and
Ravalancia concluded a Special Agreement on 31 March 2025, which entered into force
the same day, and jointly submitted their differences to the International Court of Justice

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 on 1 April 2025. The Parties agreed upon the facts and circumstances described in this
document, which constitute the Annex to this Agreement. The Agreement, in the relevant
part, provides as follows:

Article 1: Pursuant to Article 36, paragraph 1 of the Statute of the

International Court of Justice (“Court”), the High Contracting Parties agree to
submit any dispute which may have arisen between them at the time of the
date of the present Agreement concerning the interpretation or application
of the Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal (“Basel Convention”) in relation to the
facts and circumstances agreed upon in Annex to this Agreement to the Court.

Article 2: The High Contracting Parties respectfully request the Court

to decide on the following questions:
a. Whether the Court has jurisdiction ratione materiae over claims set out
in subparagraphs (c) and (d) below.
b. Whether the Republic of Auré lia has standing to submit claims set out
in subparagraphs (c) and (d) below against the Federation of Ravalancia.
c. If the Court answers in the af�irmative to both subparagraphs (a) and
(b), whether, under Article 4, paragraph 4, of the Basel Convention, the
Federation of Ravalancia took appropriate legal, administrative or other
measures to prevent and punish the illegal traf�ic of hazardous waste
from its territory to the State of Kvaros.
d. If the Court answers in the af�irmative to both subparagraphs (a) and
(b), whether, under Article 4, paragraph 8, and/or Article 9, paragraph
2, of the Basel Convention, the Federation of Ravalancia is under an
obligation to ensure that the waste concerned is taken back or otherwise
disposed of in an environmentally sound manner.

34. Auré lia and Ravalancia are States Parties to the Basel Convention and its amendments to
Annexes II, VIII, and IX adopted in the Fifteenth Meeting of the Conference of the Parties
(“E-Waste Amendments”) of 2022. Auré lia and Ravalancia are members of the United
Nations respectively since 1966 and 1962 and rati�ied the Vienna Convention on the Law
of Treaties in 1970.