Public International Law 1 Assignment Questions

1.

The study of international law in a historical and sociological perspective is essential for a thorough understanding of the operation of the contemporary international legal system. Discuss.

2.

In 1980 the General Assembly of the United Nations adopted a Declaration of Principles on Freedom of Civil Aviation by a vote of 110 to 25 with 15 abstentions, whereby it was solemnly declared that the airspace above the entire surface of the earth was the common heritage of mankind and open to the civil aircraft of all nations. The permanent members of the Security Council either voted against the resolution or abstained. Throughout 1981 the United Nations Air Law Conference worked to produce a Convention on Freedom of Civil Aviation based on the Declaration of Principles and on 1 February1982 it was signed by three-quarters of the 150 states represented at the conference, though not by any of the permanent members of the Security Council. Under Article 32, the Convention has to be ratified by 35 states before it will enter into force. In March 1997 state A, which had signed and ratified the Convention, instituted proceedings against state B, a permanent member of the Security Council, in the International Court of Justice and alleged that state Bs refusal to permit free flight through its airspace for the civil aircraft of state A was an infringement of the right of freedom of civil aviation established by the above-mentioned Declaration and confirmed by the abovementioned Convention. Assuming that the Court has jurisdiction and that the Convention has been ratified by ten states, outline that part of the Courts judgment which deals with the status of the Declaration and Convention as sources or evidence of international law.

3.

State Anjika, which appears on a United Nations list of the 25 least-developed states, has nationalized all the farmland previously owned by foreign nationals, including those of state Burgara. In response to a diplomatic note from the Ambassador of state Burgara protesting against the lack of provision for compensation in this confiscatory and internationally illegal decree, the Foreign Minister of state Anjika replied as follows: I am sure it is not necessary for me to draw your Excellencys attention to the provisions of Article 38 of the Statute of the International Court of Justice. As you know, it provides for the application of equity as one of the general principles of law recognized by civilized nations and the settlement of disputes ex aequo et bono. Given the disparity in the levels of development between our two countries, the equity of my governments decree is self-evident. Advise the Ambassador of state Burgara.

4.

a) Explain and evaluate the various theories on the relationship between public international law and municipal law. b) States Jenju and Bunji are parties to a multilateral treaty under which provision is made for complete freedom of movement for the businessmen of each state party within the territories of all other states parties. Mr X, a state Jenju businessman, has been refused permission to enter Kontom, a province of state Bunji which, under the federal constitution of state Bunji, has exclusive jurisdiction over all questions of trade. In reply to a protest from state Jenju, the Foreign Minister of state Bunji states that Mr X can hardly expect to receive more than equality of treatment with businessmen of the other provinces of state Bunji who, like him, are denied freedom of movement in Kontom under the law of Kontom. Advise the Government of state Jenju.

5.

What is meant by the term self-determination in international law and how can this be reconciled with the interpretation of this doctrine advanced by former Colonies that have now gained independence? Base your answer on the response of one such country whose minorities have demanded separation and setting up of an independent state.

6.

a) The doctrine of international law has for too long been engaged in a sterile debate on the declaratory and constitutive theories of recognition of states and governments, without paying sufficient heed to the actual practice of states. Do you agree? b) Scrubland, previously a land-locked province of Brownland, was created an independent sovereign state last year by the Scrubland Independence Act passed by the Brownland legislature. Under the Act, all Brownland citizens belonging to the minority white racial group have been deprived of Brownland nationality and deported to Scrubland. Scrubland has few natural resources and very poor agricultural land, whereas the remaining provinces of Brownland, now inhabited solely by the brown racial group, are rich in mineral and agricultural resources. The United Nations has rejected a membership application from Scrubland, and so far no state has granted recognition to Scrubland. The British Government is now considering the advisability of recognising Scrubland and seeks your advice on the following questions. i) Does Scrubland qualify for recognition as an independent state? ii) Given the rejection of its membership application by the United Nations, would recognition by the United Kingdom constitute Scrubland an international person? iii) What are the consequences for Scrubland of its failure to secure United Nations membership and recognition by other states?