Please answer the questions in a clear and well-reasoned manner, supported by cases, treaties, or other evidence, as relevant. *REMEMBER, I am interested in legal analysis!*
Ø In your analysis, please be sure (i) to state legal principles and the corresponding legal sources, (ii) apply the law to the facts, adressing the possible counter-arguments (iii) conclude and refer to any policy arguments you might want to add, if relevant.
(2) Please answer each part of each question.
(3) When I solicit your opinion, please provide a reasoned response; I am not
looking for you to provide an answer with which you think I will agree.
(4) I am not looking for any particular citation form, but let me know what you rely on (e.g., DRW at p. 20). If you are directly quoting the textbook or a treaty, USE QUOTATION MARKS
International Law: Norms, Actors, Process: A Problem-Oriented Approach (Aspen Casebook) 4th Edition by Jeffrey Dunoff (Author), Steven
R. Rattner Total points: 50 C-Islands – C-Islands is an archipelago located 50 miles from the state Na’am. – population of about 5,000 people is generally poor. – for sustenance, inhabitants of C-Islands rely mainly on fishing, as well as on fruits and vegetables they grow on the islands. – Once a month, a group of islanders travel by boat to Na’am to trade crafts and fishing nets that they make for food staples. – C-Islands enjoy local autonomy although their territories are part of a sovereign state of Norse (a high-income state about 350 miles from C- Islands). – Except for monthly social assistance checks sent by Norse government to all citizens of C-Islands, the islanders’ connection to Norse is very limited. o They do not vote in Norse elections (although they are entitled to do so). o The islanders speak the same language as people of Norse but due to geographic proximity, their culture and customs are more similar to those of Na’am. In fact, there have been a number of marriages between Na’am citizens and C-islanders, and some islanders had already moved and started families in Na’am. o Na’am supplies electricity, gas, and telecommunication services to C- islanders. Although Norse provides some payment for these services to Na’am, C-islanders are responsible for paying monthly fees directly to Na’am. Na’am government controls the availability of these services for C-islanders. Na’am – small developing state – The main industry is the production of textiles and artifacts from C- Islands, which it exports to nearby states. – Na’am receives development aid from international development banks, although the newly elected President Dorley promised to wean Na’am from aid by expanding and diversifying its industry. To that end, President Dorley re-directed a large portion of Na’am’s budget towards improving scientific and technological knowledge of Na’am citizens. He hopes to make it a haven for start-up tech companies. – President Dorley abolished corporate income tax, hoping to incentivize foreign tech companies to establish offices in Na’am. However, without corporate income tax Na’am lost a large portion of its revenues, and with the re-allocation of resources, a number of social austerity measures had to be introduced. These included imposition of fees for all levels of education, privatization of health care, and significant reduction of social security payments, among other measures. As a result, school enrollment rate plummeted because many families could not afford school fees. This particularly negatively impacted boys who were taken out of school so they could financially help their families by taking on odd jobs. – Citizens of Na’am became increasingly unhappy with the austerity measures and held several demonstrations in protest (some of these demonstrations turned into riots, but were quickly quashed by the police). C-Islanders and Na’am under President Dorley Fearing loss of land and livelihood due to climate change and rising water levels, the community leaders of C-islanders made a decision to explore relocating all population of the C-Islands. Given its proximity and relationship with Na’am, a group of islanders were dispatched to negotiate with President Dorley the possibility of acquiring a portion of land on Na’am for the islanders. President Dorley saw an opportunity to acquire a loyal group of supporters and agreed to accept all islanders willing to relocate and assume the citizenship of Na’am. Happy with the outcome, the islanders obtained Na’am citizenship and began their relocation (they did not renounce their Norse citizenship). A group opposing President Dorley used the deal he made with the islanders to incite popular uprising. In a coup, President Dorley was arrested and imprisoned. In his place, General Akira assumed leadership of Na’am. C-Islands and Na’am under General Akira General Akira began a campaign of discrimination and intimidation against C- Islanders living in Na’am. Violence against C-Islanders became frequent and many C-Islanders were detained without any reasons given. Families of those detained claim that their relatives were tortured and beaten in prisons. Fearing for their lives, many C-Islanders left Na’am and returned to C-Islands. General Akira also terminated all trade relations with C-Islands, cut-off all services previously provided by Na’am to the C-Islands, and announced that due to the change in government, Na’am was no longer bound by any of the international treaties it had ratified (which included the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International and the Rome Statute). Without electricity and gas, the situation in C-Islands became dire, with starvation, disease and death quickly spreading. Norse Having learned of General Akira’s treatment of C-Islanders, the government of Norse immediately ceased service payments to Na’am and, in retaliation for cutting off services to C-Islands, used drones to bomb electric station and telecommunication installations in Na’am. The government of Norse has also notified by the UN Security Council that it was exercising its right to self-defense. General Akira complained to the UN that Norse’s actions amounted to an act of aggression and a declaration of war. Norse did not provide additional assistance to C-Islanders, claiming that by accepting President Dorsley’s deal, they effectively seceded from Norse. (Norse did, however, continue to send monthly social assistance checks to C-Islanders). Inlandia – a high-income state that borders Na’am. – Na’am and Inlandia historically maintained friendly relations.
However, Inlandia had been trying unsuccessfully to obtain contract for mining on Na’am. It believes Na’am harbors a reserve of rare metals useful in computer Convention on the Elimination of All Forms of Racial Discrimination, technology. President Dorley had hoped to preserve the materials for exploration by Na’am companies. – It turns out that Inlandia had been secretly helping Dorley’s opponents and was instrumental in orchestrating the coup by supplying money, combat training, and weapons. With political instability in Na’am, Inlandia hoped it would gain an opportunity to take control over Na’am’s metal reserves. This, however, had not proved possible under General Akira’s rule. Inlandia and C-Islanders Inlandia offered to protect and subsequently relocate the impoverished C-Islanders to Inlandia in exchange for their support in deposing General Akira. Inlandia convinced leaders of C-Islands that together they could help install government in Na’am that would be friendly both to Inlandia and to the islanders. Many of the islanders hoped to reunite with their families in Na’am; others were happy to build a new home in Inlandia. They agreed to help Inlandia. With arms and training from Inlandia, the islanders and Inlandia’s covert operatives manage to stage a coup in Na’am, detaining General Akira and many of his supporters. Inlandia, C-Islanders and Na’am Following the coup, Inlandia installed one of the community leaders from C-Islands – James Smith – as the new President of Na’am. Smith immediately granted Inalndia’s companies 100-year licenses to mine in Na’am. Without regulation, mining companies had caused grave environmental damage and resulted in displacement of several villages whose inhabitants lost their homes as well as opportunities to earn livelihood. Opponents of James Smith accused Inlandia of unlawful intervention. Inlandia leaders claim that their actions were justified because somebody needed to protect the C-Islanders. The international community is looking to the UN Security Council for action. You have been engaged to act as an advisor to the United States – a permanent member of the UN Security Council. Based on what you have learned in this course (from readings, lectures, in-class exercises) please advise the Security Council on the following questions: (a) Under any of President Dorley, General Akira or President Smith, has the state of Na’am violated any of its obligations under international human rights law? If so, please explain in detail, including whose rights have been violated and under what treaties. If not, explain what obligations are relevant and why they have not been violated (assume that all treaties we discussed in class apply). (10 points) (b) Is it true that once General Akira took power, Na’am was no longer bound by international treaties it had signed? Explain. (2 points) (c) Does Norse have any obligations toward C-islanders? If so, what are they? If not, explain why. (*Assume Norse has ratified all human rights treaties) (5 points) (d)
Is Norse correct in stating that by accepting President Dorley’s deal, C- Islanders seceded from Norse? Support your answer. (5 points) (e) Could any of the leaders of Norse, Na’am, or Inlandia be brought before the International Criminal Court for their conduct towards C-Islanders? If yes, please state what crimes would be relevant. If not, explain why not. (5 points) (f) Are Norse’s actions towards Na’am (both cessation of payments and bombing of electrical and telecommunication installations) lawful under international law? Explain why or why not. (10 points) Are Inlandia’s actions in Na’am lawful under international law? Explain why or why not. (10 points) [you only need to state the legal principles once] (g) Under the UN Charter, what can the Security Council do vis-à-vis Norse, Na’am and Inlandia? (3 points) BONUS question (5 points): At a family reunion, you mention to one of your distant relatives that you are studying international law. The relative scoffs: “What a waste of time! It’s not even real law”. What do you think is the most persuasive argument that international law is law?