Chapter 1

Question 1
Country R causes a dispute by attempting to rescind the contract without compensating
HTC. According to the contract, disputes are to be settled via arbitration., but country R
claims that this would be an infringement upon the state's sovereignty.
In this case, there is a dispute between a sovereign state and a foreign corporation from
the state's point of view!. Therefore, this dispute is sub"ect to international law. #nder
international law, according to the principle of pacta sunt servanda, all agreements must
be $ept. This was shown in the case of LIAMCO v. Government of the Libyan Arab
Republic, where %ibya was found to be liable for damages of over &'(mn.
The answer to whether A)R is an infringement upon the sovereign rights, is 'no'.
*overeignty is defined as the right to e+ercise the functions of the state within a territory.
,ecause pacta sunt servanda is recogni-ed by most sovereigns, it means that this
obligation to honor agreements is also part of the function of a state. Therefore, country R
is must participate in arbitration.
Question 2
Country . has anne+ated part of the moon, even though the /uter *pace Treaty e+pressly
prohibits this. The treaty was signed by the ma"ority of the world's ma"or developed
countries. Country . does not feel that the treaty has become part of customary law, as it
has not participated in the treaty.
%aw becomes customary when a sufficiently large number of ma"or states endorse the law
long enough for international courts to identify it as customary law, and when states view
the custom as obligatory, rather than a courtesy opinio juris!. In this 0uestion, all these
criteria are met. 1urthermore, the only way a state could circumvent this law is when it
consistently ob"ects to following that law, starting in the formative stages of that country.
This was the case in the Anlo!"or#eian $isheries Case, because 2orway has used
its uni0ue method of claiming seas since 3'34. In contrast, Country . has only recently
begun with its space coloni-ation program, and thus is bound by the customary law.
Question %
The widow may succeed in her case, because the Commandant violated a basic human
right by brutali-ing and subse0uently murdering her husband. 5ven though the incident
happened entirely within one state, between individuals sub"ect to the same state, there
has been a violation of generally accepted basic human rights.
Question &
The 0uestion here is whether the T2RC can be recogni-ed as a state, for which there are
three re0uirements6 an identifiable government, people, and a territory it can hold. 7hile
the latter two criteria are met, it is unclear whether the Tur$ish army can 0ualify as a
government. 1urthermore, T2RC has yet to be recogni-ed officially by any other country
than Tur$ey, which means that under the constitutive doctrine, the T2RC is not a
sovereign. #nder the declaratory doctrine however, we find that the Tur$ish army is
capable of controlling its people and territory to a certain degree8 there is still some
instability in the region!.
*eeing as the buyer is private and located in 5urope, which has not officially recogni-ed
T2RC, this could be seen as a transaction of goods belonging to Cyprus between a
private 5uropean buyer and the Tur$ish army, or in other words, an agency of the Tur$ish
goverment. /ne could say that because the Tur$ish army only possesses and not owns
the cache, this transaction is not legit.
Thus, to answer this 0uestion, Cyprus is right in that the transaction is invalid, but should
bring the case to Tur$ey, as that country has 'stolen' the cache from Cyprus, and
subse0uently is attempting to sell it.
Question '
All of the countries here have signed the treaties with regard to transboundary pollution,
which means that in this case, international law has been breached. ,ecause both
countries , and C have suffered the conse0uences of country A's dumping. As has been
decided in international law, all countries e+cept 2orway, see Anlo!"or#eian
$isheries Case! possess territorial waters of up to 49 nautical miles out into sea.
Therefore, the marine life that lived in the vicinity of the coasts of countries , and C and
was subse0uently $illed, belonged to those countries.
*eeing as the state is responsible for the dumping and not an individual, heavy fines and
an in"unction to clean up are an appropriate punishment.
Chapter %
Question 2
The decisions of the IC: are binding between the states involved and only with regard to
that particular case. Here, country , was found guilty, but refuses to comply with the
"udgment. #nfortunately for country A, the only course of action is to ta$e the matter to the
#nited 2ations *ecurity Council, which may ma$e recommendations or decide upon
measures to give effect to the "udgment, according to Article ;9 4!. #nder the #2 Charter,
the functions and powers of the *ecurity Council are6
to maintain international peace and security in accordance with the principles and
purposes of the #nited 2ations8
to investigate any dispute or situation which mightlead to international friction8
to recommend methods of ad"usting such disputes or the terms of settlement8
to formulate plans for the establishment of a system to regulate armaments8
to determine the e+istence of a threat to the peace or act of aggression and to
recommend what action should be ta$en8
to call on <embers to apply economic sanctions and other measures not involving
the use of force to prevent or stop aggression8
to ta$e military action against an aggressor8
to recommend the admission of new <embers8
to e+ercise the trusteeship functions of the #nited 2ations in =strategic areas=8
to recommend to the >eneral Assembly the appointment of the *ecretary?>eneral
and, together with the Assembly, to elect the :udges of the International Court of
:ustice.
http6@@www.un.org@)ocs@sc@unscAfunctions.html!
Question %
In this case, it is irrelevant whether the new government of country ) agrees with the
terms of the contract or not. According to Article 4B of the #2 Charter, even though the
new government now has a change of heart and no longer wishes to either maintain ta+
holidays for Cee Co or participate in arbitration by the IC*I), country ) must abide by the
outcome of the arbitration procedure, even though it does not cooperate or participate.