PIL - Exam Training - Cases - 2023
Public International Law
17 flashcards · Law · by daniel-eder
State A is facing increasing problems regarding its eastern region A1. “Freedom Now”, a freedom-movement in the region, wants to separate from State A. Having found a strong and charismatic leader, things are going well for them. “Freedom Now” plans on taking over control of A1 fairly soon. So far, only isolated incidents have occurred and the police of A has always been able to maintain control of the situation. But these developments also worry the government of neighbouring State B, although…
Relationship A - B - Freedom Now In the Beginning there is only a so-called "internal matter" as the intensity is low, there are only isolated incidents and the police maintains control. When the number of incidents and the intensity increases and the military of state A gets involved the threshold for an armed conflict is met. Due to there being only one State Actor (A) and a non-state actor (Freedom now) involved it must be classified as a NIAC. That state B sends troops does not change this…
State A is facing increasing problems regarding its eastern region A1. “Freedom Now”, a freedom-movement in the region, wants to separate from State A. Having found a strong and charismatic leader, things are going well for them. “Freedom Now” plans on taking over control of A1 fairly soon. So far, only isolated incidents have occurred and the police of A has always been able to maintain control of the situation. But these developments also worry the government of neighbouring State B, although…
Accusation: Sending Troops to A would violate the principle of non intervention. Intervention is the interference by one state in the internal or foreign affairs of another state. There are various ways for a state to intervene and thus violate the principle of non-intervention, one of them is military actions. Thus B sending Troops to A is a potential violation. However, there is no violation, if the action is justified. Art 20-25 DARS, whose content is also CIL, lists possible justifications.…
State A is struggling with a freedom movement called "Freedom Now" from the Region of A1 which wants to separate from State A. The president of State B offers to send Troops to Support State A. However, the ground troops of B refrain from fighting because the government of B is facing political troubles at home. Bill, a national of A and resident of A1, is facing different problems. His brand-new Bugatti La Voiture Noire, a car he recently bought for $18.7 million, has been destroyed by a bomb…
Wife says: nothing you can do because the drinking water plant is a military objective and the car is just collateral damage The relationship between A and C is an IAC according to CA 2 GC. GC 1-4 and API I apply. Principle of Distinction as codified in Art 52 AP I GC: only military objectives may be attacked, not civilian objectives Art 52 (2) AP I GC defines military objectives Art 54 (2) AP I GC further clarifies what is always prohibited to attack: "Objects indespensible to survival of the…
State A is struggling with a freedom movement called "Freedom Now" from the Region of A1 which wants to separate from State A. The president of State B offers to send Troops to Support State A. However, the ground troops of B refrain from fighting because the government of B is facing political troubles at home. Bill, a national of A and resident of A1, is facing different problems. His brand-new Bugatti La Voiture Noire, a car he recently bought for $18.7 million, has been destroyed by a bomb…
Friend says: he should get diplomatic protection A state can afford Diplomatic protection to a national (natural or legal person) of that state, if an internationally wrongful act affected the national on the territory of another state. The preconditions are the nationality of claims rule and the local remedies rule. However in this case Bill was affected by an act in the territory of his home state, so diplomatic protection is not an option.
State A is struggling with a freedom movement called "Freedom Now" from the Region of A1 which wants to separate from State A. The president of State B offers to send Troops to Support State A. However, the ground troops of B refrain from fighting because the government of B is facing political troubles at home. Bill, a national of A and resident of A1, is facing different problems. His brand-new Bugatti La Voiture Noire, a car he recently bought for $18.7 million, has been destroyed by a bomb…
Bill thinks he can claim compensation payments under the liability convention The liability convention is only applicable to space objects. While he is correct that the liability convention establishes a state's liability for such damages caused to the surface of the earth, a bomb is not a space object and thus the liability convention is not applicable in this context. However (as established in a previous question) State C has committed an internationally wrongful act in firing the bomb that…
A schooner (which is a fast and easy-to-maneuver ship) with a predominantly male crew sails toward a cruise ship with wealthy tourists on board. It chases the cruise ship onto the high seas where the armed crew of the schooner then boards the cruise ship and takes all items of the passengers which are of any value in order to enrich themselves – which does not take them long, as they have done so many times before. Another ship, flying the flag of Arcadia and put to sea with the instruction to…
Art 101 UNCLOS defines piracy the crew of the schooner committed an act of depredation (they stole all items of the passengers) they did this for private ends (to enrich themselves) they committed it on the high seas -> it is an act of piracy Art 103 UNCLOS defines a pirate ship the crew used the schooner to commit an act referred to in Art 101 and, at the time of capture by the Arcadian Ship, still controlled the ship. Thus the schooner is a pirate ship Art 105 UNCLOS regulates the seizure of…
A schooner (which is a fast and easy-to-maneuver ship) with a predominantly male crew sails toward a cruise ship with wealthy tourists on board. It chases the cruise ship onto the high seas where the armed crew of the schooner then boards the cruise ship and takes all items of the passengers which are of any value in order to enrich themselves – which does not take them long, as they have done so many times before. Another ship, flying the flag of Arcadia and put to sea with the instruction to…
PIL acknowledges a universal jurisdiction, because certain values need protection irrespective of any link to any state (war crimes, genocide, piracy). Universal jurisdiction applies to this act of piracy, so the claim that everything is allowed on the high seas is wrong. Art 107 UNCLOS establishes jurisdiction of the flag state of the ship that seizes a pirate ship. The claims of the pirates that Arcadian law does not apply is false. The pirates have no base for their claim to get their newly…
Tensions between Utopia and Kakanistan further increase as Utopia is moving its troops closer to the border where they start to conduct suspicious military “exercises”. Kakanistan’s President addresses the issue at an international press conference and lets Utopia know that “if you move only one inch closer to our border, we will attack! Stop disguising your troop movements as harmless exercises! We definitely do not have to put up with this kind of behaviour that close to our territory!” Advis…
Art 2 (4) UN-C prohibition on the use of force refrain from the threat or use of force against the territorial integrity or political independence of any state Kakanistan's president issues such a threat. Art 51 UN-C allows the threat or use of force in self defence the requirement is an armed attack occuring CIL: according to CIL it is also sufficient if that armed attack is imminent Whether or not the threat by Kakanistan's president is justified self defence depends on if the military exerci…
Absurdia and Utopia are two neighbouring states, sharing the coast of the Plastic Ocean. During the final ceremony of the Olympics, the Absurdian and the Utopian foreign minister got to sit next to each other. They had to represent their respective states, but neither of them was particularly fond of sports. Therefore, they quickly decided to make good use of their time and talked politics. At one point, the Absurdian minister ensured his Utopian counterpart that Utopia would not have to fear A…
Art 2 (1) a VCLT I defines what a treaty is. the agreement between the ministers is an international agreement, concluded between Absurdia and Utopia it is also in written form - even if just on a napkin, it is not merely an oral agreement -> the present agreement is a treaty. Art 7 VCLT I defines who can represent a state for the purpose of adopting a treaty The two foreign ministers sign, so based on Art 7 (2) a VCLT they both represent their states by virtue of their function and need not pr…
Absurdia and Utopia are two neighbouring states, sharing the coast of the Plastic Ocean. During the final ceremony of the Olympics, the Absurdian and the Utopian foreign minister got to sit next to each other. They had to represent their respective states, but neither of them was particularly fond of sports. Therefore, they quickly decided to make good use of their time and talked politics. At one point, the Absurdian minister ensured his Utopian counterpart that Utopia would not have to fear A…
At the time of Absurdias claim and occupation the Island was unclaimed - terra nullius - and occupation is generally legal. By "occupying" Absurdia also exercises territorial sovereignty that is sufficiently effective. The second component, duration, is likely not fulfilled yet. However Absurdia signed an international treaty not to interfere with the island, and by occupying the island it violates that treaty, and thus an international obligation. The occupation of Billa Bong is thus not legal
Absurdia and Utopia are two neighbouring states, sharing the coast of the Plastic Ocean. During the final ceremony of the Olympics, the Absurdian and the Utopian foreign minister got to sit next to each other. They had to represent their respective states, but neither of them was particularly fond of sports. Therefore, they quickly decided to make good use of their time and talked politics. At one point, the Absurdian minister ensured his Utopian counterpart that Utopia would not have to fear A…
According to Art 34 of the ICJ-S only states may be parties before the court. The Utopian minister cannot take Absurdian minister before the court to bring him to justice. While Art 36 (2) b does state what the minister claims, because he ignores the limitations to the court's jurisdiction.
Absurdia and Utopia are two neighbouring states, sharing the coast of the Plastic Ocean. During the final ceremony of the Olympics, the Absurdian and the Utopian foreign minister got to sit next to each other. They had to represent their respective states, but neither of them was particularly fond of sports. Therefore, they quickly decided to make good use of their time and talked politics. At one point, the Absurdian minister ensured his Utopian counterpart that Utopia would not have to fear A…
Art 7 VCLT I defines who can represent a state for the purpose of adopting a treaty The two foreign ministers sign, so based on Art 7 (2) a VCLT they both represent their states by virtue of their function and need not produce full powers The question is how Absurdia's constitution plays into that. Art 27 VCLT states that a state may not invoke internal law as justification for its failure to perform a treaty. Art 46 is untouched by this regulation. Art 46 (1) VCLT states that a state may not i…
Absurdistan is an authoritarian State in Central Asia, ruled by a president “elected for lifetime”. Internet and the media are heavily censored, rock music is prohibited, and citizens may only choose from three styles of haircut approved by the president. His Excellency James E. Joker, ambassador of the United States of Atlantica (USA) to Absurdistan, has published a novel titled “The Pocket Dictator” (“Der Westentaschen-Diktator”) which is an obvious parody on the Absurdian president. It has b…
Art 42 VCDR prohibits diplomatic agents from practicing for personal profit any professional or commercial activity in the receiving state However creative and artistic activities, such as writing books is generally acceptable. But what they do must be compatible with the diplomatic function they perform. The present novel, however targets the president of the receiving state, and thus interferes with the politics of that state, it is not an acceptable activity for the ambassador. In the presen…
Absurdistan is an authoritarian State in Central Asia, ruled by a president “elected for lifetime”. Internet and the media are heavily censored, rock music is prohibited, and citizens may only choose from three styles of haircut approved by the president. Agroup of some twenty students assembles in front of the embassy of the United States of Atlantica (USA) to Absurdistan building, shouting anti-USA-slogans and burning USA flags. The security staff of the embassy, concerned about possible viol…
Art 22 (1) VCDR declares the premises of the mission inviolable, allowing no agents of the receiving state to enter without permission. There is no indication that the students are attributable to Absurdistan, as Absurdistan does not control them. Art 22 (1) VCDR is not violated Art 22 (2) VCDR gives the receiving state the duty to protect the mission against intrusion, damage, disturbance of the peace or impairment of the dignity. Absurdistan had the duty to protect the embassy against the mob…
Barzaristan is a province of Aburdistan. When Mrs. Fann-Attic, chairperson of the Bazarian Liberation Party (BLP) is found shot dead in her office, criminal investigators suspect that Brian Butcher, member of the consular staff of the consulate of Asiana in Absurdistan was the murderer (as he was the last visitor before she was found dead by her secretary). They arrest Mr. Butcher in order to open criminal proceedings against him, despite Asianas protest, claiming immunity of Mr. Butcher. Advis…
For consular personnel, the VCCR is the relevant source of law. Art 1 (h) VCCR defines "members of the consular staff" as consular officers that are not the head of the consular post, consular employees and members of the service staff. As a "member of the consular staff" Mr Butcher is either consular officer, consular employee or member of the service staff, but not the head of the consular post. Art 41 (1) VCCR prevents arrest or detention of consular officers, except for grave crimes. If Mr…
Absurdistan is a multi-ethnic republic in Central Asia with a history of ethnic tension between the majority population of Absurdians and an ethnic minority of Bazarians. Despite being a federal State consisting of five provinces, most aspects of everyday life (civil law, criminal law, labour law and social security etc) are not regulated by the provinces but centralised. Absurdistan is a member of the UN, is a party to all important codification treaties in PIL and has a number of bilateral tr…
Mode of becoming a new State A new state may form by emancipation or separation from an existing state. This requires the consent of the latter. Further a new state can form by secession from an existing state. This is a split without consent of the latter. There is no consent from Absurdistan, so we do not have a case of separation/emancipation, but a case of secession. However, the actions of insurgents such as the Bazarians are controversial in PIL. according to the exam training it is suffi…
Absurdistan is a multi-ethnic republic in Central Asia with a history of ethnic tension between the majority population of Absurdians and an ethnic minority of Bazarians. Despite being a federal State consisting of five provinces, most aspects of everyday life (civil law, criminal law, labour law and social security etc) are not regulated by the provinces but centralised. Absurdistan is a member of the UN, is a party to all important codification treaties in PIL and has a number of bilateral tr…
The consequences of independence depend on whether it is considered a universal or partial succession. The benefits of partial succession ("pick and choose") are usually considered to be reserved to newly independent states = former colonies (although is a trend to apply partial succession in other cases) Bazaristan is not a former colony, so we have a case of universal succession, where Bazaristan generally inherits all the relevant legal positions. However, Memberships of international organi…