国际法英文案例-苏丹等

A.The Atlas Lexus case,A number of disputes have erupted between the two states Atlas (A) and Lexus (L) and the peace in the region now seems threatened. All of the disputes between the two countries seem to have it its origin in a dispute over territory. These are the so far known facts and the history of the disputes: The border between the two neighboring countries is unclear and different colonial maps indicate different borders. The border region consists of mountains and there is no natural border. However there is a man-made road through the mountains, which is vital for both countries access to the sea.,The border was agreed upon in a treaty 1897, between the colonial powers of France and Belgium, which ruled in respective countries at that time. There is a large natural resource of natural gas in these mountains. A nomadic people live in the mountains in the border-region. The nomadic people dont really care about the dispute over the border in the mountain since they consider themselves as the rightful owner of the mountains including the natural gas. Legally there is one group of people who are citizens of A and one group who are citizens of L, but they all live together regardless of citizenship. A large western oil company (S) has recently concluded an agreement to explore the resources of natural gas, with the chief of the nomadic people, and will soon start working in the mountains.,Trucks from the S company are stopped and confiscated by (A) when trying to enter the mountain-region. (L) claims that (A) has no right to stop these trucks and immediately starts moving military troops to the area in order to release the trucks and the president of (L) says that they will use all necessary means for this purpose. (A) gets alarmed when the news of the military troop movements by (L) reaches the ministry for foreign affairs in (A) and immediately suspends all trade agreements with (L), including the export from (A) to (L) of oil. (A) also sends an alert to its air force with order to bomb without warning any military convoy which crosses the borders of Public International Law (A). (A) also sends some troops to other parts of the mountains and starts to move the nomadic people against their will to get them out of the way. A third neighboring country,Celex (C), is very concerned on behalf of the nomadic people and wants to help them and also wants to prevent them from fleeing into (C). (L) is very upset to find out about the suspended trade agreements and immediately contacts the headquarters of WTO and Nafta, to which both (A) and (L) are members/parties.The Secretary General of the United Nations learns of the escalating conflict in the area. Being a citizen of the country Celex, neighboring to both (A) and (L) he flies to the area.You are assisting the UN Secretary General on his trip to the conflict area. Your task is to prepare a background memo in the legal situation of the situations and conflicts and also to propose a draft solution to the disputes/conflict as described above taking into account which international institution(s)/ organization(s) is/are most appropriate for solving the dispute or parts of it, taking into account the interests of all parties to the dispute, jointly or separately.,You may consider the states parties to all relevant treaties but neither of the parties has signed the optional clause to the ICJ statute. The parties have also indicated that they might be willing to submit the territorial dispute to arbitration. Consider whether this is possible and if, how?,B. Sudan (3p),There is a deeply rooted conflict in Sudan which has been going on for a number ofyears. The government in Khartoum is not in control of all of the territory of Sudan any longer. In the South part of the country the SPLA/M-guerilla controls the territory and rules with terror. A large part of the states in the international community has been limiting high-level contacts with the government in Khartoum, partly as a protest against human rights abuses and the denial of humanitarian access by the regime.,During 1999 some countries started getting back in touch with the regime again. Norway are among these countries. There are also other armed groups in the area which are not controlled by neither the government nor the guerilla. One armed group, BX, operates from Uganda and has been known to kidnap children and force them to join the armed groups as well as beating, mutulating and otherwise mistreating them. After a cease-fire agreement was negotiated between the government and the SPLA/M- guerilla the conflict on this front has cooled off. At the same time this agreement also led to large internal movements of people fleeing from different parts of the country to other parts and today there is a large humanitarian catastrophe in the west of the country, in the Darfour area.,About 300 000 people from the Darfour region has fled to neighboring countries. Over one million are internally displaced within the region. Humanitarian assistance has been hindered, reports of human rights violations and breaches of international humanitarian law has been reported. The following situations also occurs (below is facts and fiction mixed): The International Committee of the Red Cross, ICRC, is stopped at the border by Public International Law government troops and is told it can not enter the territory because the government can not take responsibility for their security. The ICRC is further denied access to detention camps in Sudan.,The UN is also stopped and can not supply food and water for the internally displaced people in the Darfour region. The Swedish government is considering whether to open the embassy in Khartoum. Some Sudanese refugees flee also to Sweden. The Swedish Migration board initiates negotiations with one of the armed groups in Darfour, on the safe return of refugees to the area controlled by this particular group, because the Swedish asylum quota has already been filled for this year and therefore Sweden can not accept anymore asylum seekers.Your task is to prepare a legal analysis of the ongoing situation in Sudan and to propose a solution to the on-going crises in Sudan, with background as described above.,Consider how to involve all the parties to the conflict. You may assume that the United Nations Security Council has difficulties in handling this matter because of China. You should also discuss whether there is an obligation or not for the international community to act. Since this is an exam in international law you should also state relevant rights and responsibilities for the relevant parties. Naturally, there is not one single correct answer, and there is room for different approaches. Please remember that the burden of proof is yours. If the solution that you propose seems far-fetched on its face, then you will have to explain why it is appropriate.,C.Scylla and Charybdis,Scylla and Charybdis are Pacific island states situated on either side of the Channel of Discovery, an international waterway heavily used for commercial shipping between major continental markets in North America and Asia. The Channel is 50 miles long and its width varies from 12 to 20 miles. The two countries entered into a treaty in 1945 fixing the boundary between their respective coastal jurisdictions along the Channel exactly equidistant from each coast. At the same time they each declared a 12-mile territorial sea from their coastlines generally.,In 1990 the two states agreed by treaty to impose a transit tax on all merchant ships passing through the Channel, and to share equally in the revenues generated by the tax. For most merchant ships the cost of taking an alternative route, which would add several days to their voyages, significantly exceeds the transit tax; as a result, most have paid the tax without protest. The major developed countries (including the U.S.) whose markets are served by shipping through the Channel, noting that the two countries are struggling to develop their economies and that revenues generated by the transit tax are crucial to their development plans (partly financed by loans from the World Bank), agree not to challenge the tax so long as it remains at a reasonable level.,Scylla has ratified the United Nations Convention on the Law of the Sea (CLOS), which went into force for it in 1994. Charybdis signed the Convention when it was adopted, but has never ratified it. Both are members of the United Nations, and both have submitted to the optional clause jurisdiction of the International Court of Justice without reservations. Both are also original members of an organization called the Organization of Mid-Pacific States (OMPS), formed in 1995. OMPS now has 10 member states, all island nations in various stages of development. Three provisions of the OMPS charter are as follows:Art. 2.4: Members shall refrain from the use of force in their international relations.Art. 19: Members shall not charge transit fees for commercial shipping in international waterways adjacent to their territories.,Art. 90: All disputes concerning the application and interpretation of this Charter shall be submitted to the International Court of Justice.Both Scylla and Charybdis attached the following reservation to their instruments of ratification to the OMPS charter:Scylla Charybdis reserves the right to impose all taxes necessary to sustain its economic development.None of the 6 other original members of OMPS objected to this reservation.Titania, now the largest and most developed country in OMPS, ratified the OMPS charter in 1997 without reservation. Titania is also a party to UNCLOS and has submitted to the compulsory jurisdiction of the International Court of Justice. It attached the following reservation to its optional clause submission:This declaration shall not apply to matters exclusively within the domestic jurisdiction of Titania, as determined by Titania.,In early 1998 Penny Shipping Lines, one of the largest U.S.-based merchant shipping companies involved in heavy use of the Channel of Discovery, moved its base of operations to Titania, established a Titania corporation (Penny Titania) to conduct all of its shipping operations, and re-registered all of its ships under Titanian law. The U.S. corporation owns 100% of the shares of the Titania corporation, but no longer engages directly in any shipping activities. It is clear that this decision was prompted by Titanias adoption of a body of maritime laws and regulations (including tax laws) much more favorable to shipowners than those of the United States.Titania now institutes proceedings against Scylla and Charybdis in the International Court of Justice, claiming that the respondent countries imposition of a transit tax on ships moving through the Channel violates both the OMPS charter and general international law.,What defenses, both procedural and on the merits, might Scylla and Charybdis assert based on the above facts, and which are most likely to be successful? Explain.D (20 Minutes)The United States and Iran finally enter into a comprehensive treaty, ratified with the advice and consent of the Senate, establishing mutual diplomatic relations and resolving all outstanding claims between the two countries. Included among its many provisions is the following:It shall be a crime under the laws of each Contracting Party, punishable as for disturbing the peace, to advocate or engage in acts of violence, hatred or discrimination against any religion.,After the effective date of this treaty, John Smith is arrested and charged with disturbing the peace under the law of the District of Columbia, for standing on a street corner advocating expulsion from the country of all Jews. The complaint specifically recites the treaty. Smith moves to dismiss the charge as legally insufficient.Assuming (1) that the U.S. attached no reservations to its ratification of the treaty, and (2) that the conduct in question would not have been punishable under D.C. law prior to the effective date of the treaty, how should the court rule on Smiths motion? Explain.,D.Alpina is a small mountainous country,whose principal product for export is wool from a particular breed of sheep. Its climatic conditions are especially favorable for this breed and the wool is considered of exceptional quality. American clothing manufacturers are a major market for fabrics made from this wool. Until very recently sheep farmers in Alpina were organized into about 15 cooperatives which sold spun wool directly to foreign fabric manufacturers, essentially in competition with each other.Concerned that the prices charged by the cooperatives are too low, the Alpina legislature adopts a law establishing a Wool Marketing Board, whose members are appointed by the Ministry of Agriculture.,The law requires all sheep farmers to sell their wool to the Board, and forbids any export of wool by anyone other than the Board. The Board undertakes an aggressive world-wide marketing campaign, and establishes wholly-owned distributing companies in various countries, including the United States, where its Alpina Woolens, Inc., is thus the exclusive distributor of Alpina wool in the U.S.The antitrust division of the U.S. Justice Department now institutes an action in an appropriate U.S. federal court against the Board and Alpina Woolens, Inc., alleging that they have acted in restraint of competition in Alpina woolens, in violation of the U.S. antitrust laws. The complaint alleges that the prices charged by the defendants are substantially higher than those charges by the individual cooperatives, and seeks an order enjoining the defendants from interfering with the cooperatives sales to U.S. buyers.,The defendants now move to dismiss the action for failure to state a claim, on the ground that U.S. law does not apply to the defendants purchases of wool from Alpina producers. The Board, in addition, moves to dismiss the action for lack of personal jurisdiction.How should the court rule on these motions? Explain.,F. FITZAL,FITZAL is a multinational company of the industrialized State of Kisumu which has, since 1965, owned and operated a chemical plant for manufacturing pesticides in the developing State of Homa. On 15 February 1975, Homa experienced another mild earthquake which, as in four similar cases occurring between 1945 and 1975, affected more seriously the area along River Kuja. The chemical plant was built in 1964 along this river which passes through the territory of Homa and two lower riparian States of Rongo and Ahero. Because of the February earthquake, the chemical plant suffered a serious damage which resulted in the sudden and excessive release of pesticides and other chemicals into River Kuja.,The nature of the pollution damage caused was such that Homa alone could not cope. Three days later the pollution from the FITZAL plant was threatening to cause similar damage in the two lower riparian States which had no knowledge of the accident in Homa. Their efforts to control and abate the pollution damage threatening them downstream were too late. The information they finally received from the local press reporting on the events in the FITZAL plant did not contain enough necessary details concerning the nature of the chemicals involved. Their efforts to get accurate information from the government of Homa were frustrated because they kept on receiving conflicting views from various government departments in Homa. One of the facts which they were able to gather was that the chemical plant was indeed built on an earthquake fault line along the river, which made it susceptible to the kind of damage it finally suffered in 1975.,Prompted by these events, Homa has now called a meeting in its capital city of Rupedhi with the two lower riparian States to negotiate a treaty for cooperation in the management and utilization of the Kuja river on which they all rely for fresh water and fish. You have been hired as a consultant to help these States to negotiate and conclude such a treaty. Outline some of the basic provisions which such a treaty should include in order to address certain specific problems brought out in the above event. Outline briefly, the basic arguments which Rongo and Ahero may rely upon if they decide to bring a case against Homa in an international tribunal to which they have all conferred jurisdiction for such cases.,G.Franconia and Blanconia,Franconia and Blanconia are two neighbouring African States, members of the Organization of African Unity (OAU) and of the United Nations. Franconia was under the colonial rule of Elbia until it became independent on 25 May 1960. Blanconia was under the colonial rule of Rosia until its independence on 12 July 1961. On 30 September 1968, Franconia and Blanconia concluded a Treaty of Friendship and Cooperation, in which they agreed, inter alia, to settle all their disputes peacefully, particularly those relating to the interpretation and application of treaties. They also reiterated their acceptance of the OAU resolution of 1964 concerning respect of the inherited colonial boundaries under the principle of uti possidetis.,Elbia and Rosia had concluded a treaty on 28 August 1923, determining the boundary between their respective colonial territories of Franconia and Blanconia. A section of the border, situated near an administrative centre of Elbia and known as the Flania Triangle remained unsettled. For administrative convenience, it was agreed between the two colonial powers that the Flania Triangle be temporarily administered by Elbia until a definitive boundary could be reached. This agreement was inspired by the fact that the Triangle was an important grazing ground for one of the nomadic tribes of Franconia. However no further agreements were reached on this section of the boundary. Upon independence, Franconia issued a notification of succession to all treaties concluded by Elbia, including the Treaty of 1923. Blanconia, on the other hand, declared a tabula rasa with respect to treaties concluded by Rosia.,The Temple of the goddess Blan, considered by the Blanconians to be the mother of their nation, is located in a special section of Flania. Every year since the colonial era, a number of Blanconians attended the pilgrimage to the Temple. In 1989 and given the increasing number of pilgrims to Flania, Franconia which continued to administer the area after Elbia, changed the rules and imposed restrictions on the number of pilgrims that would be admitted ther