Public international Law

Public international Law 150 150 Affordable Capstone Projects Written from Scratch

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70106 Principles of Public International Law
Take-Home Examination – Autumn 2017
Overview
As you will note, your take-home exam comprises of two problem questions.
All questions are mandatory (ie you are to attempt both questions). The mark
allocation for each question is set out below. As indicated in the Subject
Outline, the marks from this assessment task account for 40% of your total
mark for the subject.
Submission instructions
Students must submit two copies of their examination papers: one hardcopy
to the student law reception and an identical electronic copy to Turnitin via
UTS Online. When submitting online, answers to both questions should be
contained in a single document (either .doc or .docx format). For your
hardcopy version, please ensure that your paper is printed single-sided only
AND that the font is either Bookman Old Style (12pt) or Arial (12pt).
Word limit
The total word limit for the take-home exam is 2,500 words. You should aim
to distribute the word count between the questions, appropriately. Students
should note that this word limit will be applied strictly. The word limit does
not provide a 10% ‘buffer’.
The purpose of the word limit is to assess your ability to construct succinct
answers to the problem questions, and in particular, to avoid the common
mistake of restating the facts ad nauseam in your answers.
References and Citations
As this is an exam, you are not expected to use footnotes and full citations.
However, you must make clear what authorities you rely upon in your
answers. You may do this by using brackets and a simple citation (e.g.
Nicaragua case). You may also abbreviate treaties once they have been
referred to once in full, or if they have already been abbreviated for you in the
Problem Question text. You are also not required to provide a bibliography.
Due Date
Your take-home exam is due by 5pm on Friday 23 June 2017. This due date
will be strictly enforced. In accordance with the Subject Outline, penalties for
late submission will apply and any papers submitted more than two (2) days
late will not be assessed.
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QUESTIONS
Question 1 (20 marks)
Volcania is an archipelagic state in the Pacific Ocean consisting of a chain of
five islands. Volcania has a population of approximately 320,000 people (as
of April 2017), the majority of whom live in Volcania’s capital city, Mundi,
located on the main island of Pacifica. As the territory of Volcania is situated
near the boundary between the Australian tectonic plate and the Pacific
tectonic plate, it has experienced several earthquakes over the last couple of
centuries.
Volcania’s closest neighbour is a large military power, Territoria, with a
population of 10 million people. Territoria was colonised by the British in the
late 16th century, but subsequently declared its independence from Britain in
the late 1750s after a short war of independence. Territoria’s population is
mainly based in the south of the state, with only a few settlements along its
west coast.
Both Volcania and Territoria are member states of the United Nations, and
states parties to the Vienna Convention on the Law of Treaties 1969 and the
Vienna Convention on Diplomatic Relations 1961.
***
In January 1881, Volcania experienced a significant earthquake that resulted
in the mass displacement of the bulk of Volcania’s population living on
Pacifica. The earthquake caused significant damage to vital infrastructure
and prime agricultural land, causing soil erosion and the temporary loss of
habitable residential areas near Mundi.
As a gesture of diplomacy and good will to assist Volcania in its earthquake
recovery process, Territoria offered to lease Volcania a portion of Territoria’s
territory, namely, two small uninhabited islands off Territoria’s east coast that
are referred to as Coral Island and Sand Island. Under the terms of the 1881
Lease, Territoria agreed to lease both Coral Island and Sand Island to Volcania
for a period of 25 years, with the option of indefinitely extending the lease
upon the mutual agreement of the two states. The lease stated that Volcania
may use the two islands for residential and commercial purposes only. In
return, Volcania will provide Territoria with an annual payment of $200. The
lease was signed by the official representatives of both states on 1 February
1881.
The following year, in 1882, Volcania transferred 50,000 people to live on
Coral Island. In 1885, Volcania established a small military training base on
Sand Island that consisted of about 200 Volcanian soldiers. Each year,
Volcania would transfer $200 to Territoria, which Territoria accepted without
comment until 1906.
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When the lease ended in 1906, neither party sought to extend the lease nor
did either state raise the issue of the lease in any of their diplomatic
communications. Volcania’s citizens continued to live on Coral Island over the
course of the 20th century, without any interference or public comment from
Territoria. The community on Coral Island soon developed into a thriving
economic and social centre, with its own distinct cultural practices and local
customs. The legal and civic institutions that the community on Coral Island
had set up in the late 19th century continued to operate throughout the 20th
century, including a small magistrate’s court for the prosecution and
sentencing of minor crimes in accordance with Volcania’s criminal laws. The
Coral Island community also continued to participate in Volcania’s national
elections every 4 years.
In 2010, Volcania was forced to abandon its military training base on Sand
Island due to rising sea levels that had submerged a significant portion of the
island.
In 2014, an international team of geologists discovered a large reservoir of
crude oil located about 10 nautical miles off the coast of Coral Island,
estimated to be worth $5 billion. In 2015, Territoria sent a diplomatic mission
to Volcania to demand the return of both Coral Island and Sand Island to
Territoria on the basis of the termination and/or expiration of the 1881 Lease.
Volcania refused to do so, asserting that both islands were part of its sovereign
territory.
Undeterred, in January 2016, Territoria entered into a public-private
partnership (PPP) with a multinational corporation, Sunrise Corp, for the
drilling of the oil field off the coast of Coral Island. The following month,
private contractors engaged by the Territoria-Sunrise PPP commenced
building an oil well about 10 nautical miles off the coast of Coral Island with
the aim of extracting the crude oil and transporting it to a refinery based in
Terroitoria.
Advise Volcania in relation to its rights under international law. In particular,
you should address the issues of:
Whether Volcania has valid title over both Coral Island and Sand Island; and
Whether Territoria has violated Volcania’s sovereign rights in entering into a
PPP with Sunrise Corp.
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Question 2(a) (12 marks)
Ansia and Franland are neighbouring states. They are both members of
the United Nations, and they both accept the compulsory jurisdiction of
the International Court of Justice. Franland is a party to the Rome Statute
of the International Criminal Court 1998, but Ansia is not. Both states are
states parties to the Vienna Convention on Diplomatic Relations 1961.
An internal opposition group, the Free Ansian Army (‘FAA’), is engaged in
an armed struggle against Ansian government forces in an effort to depose
General Trumped, the incumbent Ansian President. The FAA claims
General Trumped is a despotic leader who has lost the support of the
people.
Reuters journalists in Ansia report that General Trumped is losing support of
the army – as large numbers of Ansian government troops continue to defect
to the FAA. Reuters reports that General Trumped is attempting to hold onto
power by suppressing all recourse to non-violent protest.
On 2 April 2017, a prominent café chain called Moonlucks launched its
Ansia-wide ‘#freeAnsia’ advertising campaign, which promoted that
everyone denouncing the Trumped regime would be entitled to a free cup
of coffee. Within hours of the advertising campaign commencing, a large
group of people started to congregate outside Moonlucks’ Ansian
Headquarters. After some minor altercations, the situation quickly got
out of hand when several of the people started smashing the windows and
doors. They then set the building on fire. The entire premises were gutted.
It appears that the main antagonists were from a pro-government group
which identifies itself as Ansian Rules (AR). General Trumped is the lifelong
patron of this organisation.
Moonlucks is incorporated under Franland law and has its head office in
Whykickamoocow, in the South of Franland. Jan Dells, the company’s
Managing Director and sole shareholder, was badly injured during the
incident. Jan Dells is a citizen of New Zealand by birth, but lived in
Franland for most of her life – before moving to Ansia three years ago to
open up the Moonlucks chain there.
On 3 May 2017, Jan Dells travelled to Franland. On the same day,
General Trumped issued an executive order to have government forces
seize control of all Moonlucks outlets in Ansia and declared that the
company was to be ‘placed under the immediate receivership of the Ansia,
and that the company was a front for Jan Dells’ terrorist activities against
the noble State of Ansia.’
On 8 May 2017, through diplomatic communiques, Ansia contacted
Franland seeking Jan Dells’ extradition for her activities in Ansia. The
offence for which Jan Dells is to be charged (upon her return to Ansia) relates
to the offence of promoting political consciousness. This is a new offence
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under Ansian law, but there is no equivalent in the law of Franland. Under
Ansian law, the offence carries a death penalty.
On 30 May 2017, Jan Dells has indicated that she wishes to commence
civil action against the Ansian government. She is seeking compensation
for the seizure of Moonlucks assets by Ansian government forces and also
the injuries she has sustained.
Advise General Trumped as to the various Public International Law issues that
relate to this unfortunate situation. In your advice, General Trumped would like
you address issues such as jurisdiction, state responsibilities, extradition and
reparations.
Question 2(b) (8 marks)
Sadly, following the deterioration of diplomatic relations between the State of
Ansia and the State of Franland, the region has become a hotbed of violence
and trouble.
The internal opposition group, the Free Ansian Army (‘FAA’), has
developed a strong following amongst the Ansian peoples – particularly
those living outside the capital, Bangdang. The FAA is currently enjoying
financial and moral support from Franland. There is also talk that
Franland has provided assistance in the form of military training to the
group.
In an effort to strike a final blow and demonstrate that General Trumped no
longer has any real power, the FAA arrange to hijack a Boeing 747 and fly it
into the Ansian Presidential Palace. This plan was formulated in Gundingwa,
a nation renowned for its hatred of General Trumped. The Boeing 747 which
was owned by the Franland Government, was hijacked from Combulia and
was carrying 270 Combulian school children and their parents who were
making their way to visit the Franland on their holidays.
In order to try and rest back control of Ansia, General Trumped declared the
FAA a terrorist organisation and has given orders that all members of the FAA
and their supporters are to be captured and ‘questioned’. The order indicates
that ‘any and all means may be adopted in the questioning of these
individuals.’ To date, 2200 people have been captured and questioned. Of
this, 600 of those involved are citizens of Franland.
General Trumped has also threatened that he will use the full might of the
Ansian Army to bring Franland’s meddling in Ansian affairs to an end. As a
show of strength, the elite troops from the Ansian Presidential Brigade have
been positioned on the Ansian / Franland border – their main mission is to
destroy Franland’s Nuclear Power Facility once the order to attack is given.
To counter this threat, Franland has planned to poison the Ansian water
supply.
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Advise the Franland’s government on the various Public International Law
issues that arise. The government is particularly keen to address the threats
of force against its homelands, as well as the potential for General Trumped to
be held accountable for the capture and questioning of the 2200 people. The
government would also be interested in your views regarding any state
responsibility and jurisdictional issues with respect to deliberate crashing of
the aircraft.
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