Explain how rules of customary international law are identified, and discuss the advantages and disadvantages of this source of international law in comparison to others.
Outline the generally accepted criteria for statehood, and critically examine the role of recognition by established states in relation to the emergence of a new state.
Explain the principle of self-determination of peoples as developed in international instruments and cases, and indicate the difficulties of application of the principle to a current claim for self-determination.
The UN Security Council is often referred to as “the most powerful” of the organs of the United Nations Organisation. But how accurate is that? Critically examine the extent to which this statement is and is not true.
A group of pirates from Northland state is operating in the seas off Coastal state. The pirates seize a ship registered in Southon state and kill the captain, a national of Eastend state.
The pirates hold everyone on board hostage and demand a ransom for their release. At the request of Southon, Coastal state sends a naval force which succeeds in boarding the ship and overpowering the pirates.
The pirates are brought to Coastal state to face trial for piracy and hostage taking, but while being transferred to police cells they escape their guard and gain sanctuary in the Northland embassy.
The Coastal government wants to storm the embassy to seize the pirates and arrest the Northland Ambassador, because the incident is seriously undermining law and order in the country.
Eastend state meanwhile requests the Northland Ambassador to hand over the pirates to Eastend, because the person killed was their national.
At the same time, Southon state is insisting that the pirates should be prosecuted in Southon, because the attack occurred on a ship registered in Southon.
To get rid of the problem, the Northland Ambassador decides to smuggle the pirates out of Coastal state in a crate marked as a diplomatic bag. At the border, the marked crate is detained by Customs officers who seek permission from the Coastal government to open it.
Advise Coastal state:
(a) which state/s have jurisdiction to try the pirates and on what basis, and
(b) whether international law permits Coastal state to act in the ways it has proposed.
The Minister for Trade of Brexter state has deliberately broken the terms of a long-standing trade agreement with Yurrip state. There is bad feeling between the people of both states. A nationalist march takes place in Brexter, and a Yurripan bystander calls out insults as it passes. One of the marchers attacks the bystander and beats him so savagely that he later dies of his injuries. Police are present along the route to maintain public order. Several police see the attack but look the other way, thinking the bystander deserved his beating.
The marchers stop at the Yurripan embassy and chant offensive slogans. The security guards are unable to control the crowd. Some impetuous youths decide to enter the embassy and take it over.
Brexter sends the army to remove the crowd from the embassy, but instead of doing so the soldiers demand money from the embassy staff in return for their safe removal, and beat those who refuse.
Advise Yurrip:
(a) whether Brexter has any responsibility in international law for what has happened, and if yes, what reparation would be appropriate, and
(b) whether Yurrip can refuse to perform an agreement for a joint dam project with Brexter in retaliation for Brexter’s conduct.
Sixty years ago, a new island was created by volcanic activity in the high seas. The island comes to be known as Redland after the colour of its soil.
The closest state is Sealand which assumes Redland to be part of its territory. The island terrain is not suitable for habitation, but Sealand builds a scientific observatory on Redland manned by researchers on a temporary basis every summer. The observatory manager is designated a “special constable” with limited police powers to keep order. The Government extends all Sealand laws to cover Redland.
Fishland state realises that the island would be a useful base for its fishing fleet. Fishland sends a naval force to land and plant the flag, then announces in various shipping journals that it claims Redland as its territory. Sealand is unaware of the claim. Thereafter the Fishland fishing fleet uses the island in the fishing season, with various facilities set up there. The fishing base and observatory are on opposite sides of the island, and the two groups of people remain unaware of each other.
Recently natural gas was discovered off the coast of Redland. Sealand and Fishland realise that they are in competition for sovereignty over Redland. While they are attempting to negotiate a solution, a third state Imperia invades Redland by force. Fishland offers to sell Redland to Imperia for a generous sum. Imperia agrees, and a treaty is signed by both parties passing title over Redland to Imperia.
Advise the Sealand government about the international law issues arising in this scenario.