Public International Law - UL - TentamenTests
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If used for military purposes during an international armed conflict, this exam room qualifies as a military object.
Is this statement true or false?
Any dispute between the Netherlands and Zimbabwe relating to the interpretation or application of the Bilateral Investment Treaty they concluded in 1996 (entry force in 1998) may be submitted to the International Centre of the Settlement of Investment Disputes.
Is this statement true or false?
The application of Art. 6(1) of the European Convention on Human Rights may be subject to limitations.
Is this statement true or false?
The International Criminal Court cannot exercise jurisdiction over nationals from a state that is not a party to the Rome Statute.
Is this statement true or false?
The obligation to prevent transboundary harm qualifies as an obligation of result.
Is this statement true or false?
Assume that a recent outbreak of chicken flu in South-East Asia has left affected countries with problems to get rid of millions of dead chickens. For various reasons, burning of the corpses is not an option. Australia has become aware of foreign states
dumping dead chicken in the ocean over the last few weeks. International organizations have warned against this practice because chicken flu is highly contagious and can spread from chicken to other animal species, including fish.
Assume that on Monday 7 March 2018, an Australian Navy ship spots several small boats dumping white sack into the ocean north of Australia. The ship captain estimates the small boats are 199 nm from the Australian mainland. The small boats appear to be traveling back and forth to a larger ship, which is positioned about 210 nm from the Australian coast and which sails under the flag of Vietnam.
When the Australian Navy ship sends an order to stop the larger ship, it sails away at full speed. The captain seeks advice on how to proceed.
Assume you are a junior legal officer at the Australian Navy. Your senior legal officer has asked for a short memorandum setting out the enforcement options have available under the United Nations Convention on the Law of the Sea (UNCLOS).
Draft your memorandum of about 500 words in accordance with the prescribed methodology.
Assume that on 23 March 2018 the government of the United States decides to impose a ban on the importation of tulip flowers from the Netherlands. According to the government of the United States, tulip bulbs pose a threat to animal life in the United States. Pets, especially cats and dogs, have died after eating tulip bulbs. The decision will have a significant impact on the Dutch flower industry.
Assume you are working as a junior associate at the Ministry of Foreign Affairs of the Netherlands and one of your colleagues at the International Trade Policy department requests a brief memorandum on the legality of the decision of the United States.
Draft your memorandum of about 500 words in accordance with the prescribed methodology.
On 4 March 2018, Sergei Skripal and his daughter Yulla were found unconscious in a park in Salisbury in the United Kingdom. Skripal is a former Russian intelligence officer who used to leak intelligence information to the United Kingdom. Both Skirpal and his daughter are still alive but their condition remains critical.
Investigation of the crime scene has indicated that both Skirpal and his daughter have been exposed to a military type of nerve gas. The United Kingdom holds the Russian Federation responsible for the use of nerve gas against Skirpal and his daughter, which amounted, according to Prime Minister May as ‘an unlawful use of force by the Russian state against the United Kingdom’.
Assume that you work as a journalist for a major newspaper and you are requested by the editor – in – chief to write a short memorandum for him/her about the question whether public international law permits the United Kingdom to use force against Russia.
Draft your memorandum of about 500 words in accordance with the prescribed methodology.
True.
The principle of distinction (Article 48 AP I) obliges the parties to international armed conflicts to distinguish between civilian objects and military objects. Belligerents may only attack combatants and military objects.
A civilian object is defined by Article 52 AP I as an object that is not a military object. A military object is defined in Article 52(2) AP I as an object that makes an effective contribution to military action.
In case of doubt, an object shall be presumed to be a civilian object (Article 52(3) AP I).
The exam room is a prima facie a civilian object but since it is use for military purposes and therefore contributes to military action, it qualifies as a military object.
False.
Art 13 BIT regulates the settlement of disputes between the two contracting parties and article 13 provides for arbitration if a dispute arises between both states.
True.
According to the ECtHR in the Mothers of Srebrenica case, the right to a court, of which the right to have access to a court is only one aspect (para. 139) is not absolute. The implementation of this right requires regulation and for that purpose states enjoy a margin of appreciation.
A limitation to Article 6(1) may not affect the very essence of the right to have access to a court. Further a limitation must have a legitimate aim and proportionate to achieve that aim.
False.
The ICC can extend its jurisdiction over nationals from States not party to the Rome Statute in three instances.
The ICC can exercise jurisdiction over conduct committed on the territory of a State party to the Rome Statute (Article 12(2)(a)) Rome Statute).
Secondly, a non-party State may lodge a declaration with ICC Registrar accepting the jurisdiction of the ICC for a particular crime (Article 12(3) Rome Statute).
Finally, the UNSC can refer situations to the ICC, acting under Chapter VII of the UN Charter, including where crimes were committed on the territory of non-party States or by nationals of non-party States (13(b) Rome Statute).
False.
According to the ICJ in the Pulp Mills case, the obligation to prevent transboundary harm requires due diligence (para. 204), which includes the obligation to carry out an environmental impact assessment. This obligation therefore qualifies as an obligation of conduct.
This is confirmed by Article 2 Rio Declaration (responsibility to ensure that activities do not cause damage to the environment of other states) and Article 3 of the 2001 Articles on the Prevention of Transboundary Harm, which provides that states must take all appropriate measures to prevent transboundary harm.
Background.
Can the Australian ship legally exercise enforcement powers over the suspected ships?
Australia can lawfully intercept the boat for dumping infected animal carcasses in its EEZ. This can be done under Article 73 UNCLOS in the EEZ, or via hot pursuit (Article 111 UNCLOS) if the small boats flee to the mother ship in the high seas. All the criteria for hot pursuit must be fulfilled for the arrest to be legal.
Background.
Discussion if the decision of the United States to ban tulip flowers from the Netherlands is in conformity with public international law.
The ban on the importation of tulip flowers appears to be prohibited under Article XI GATT and cannot be justified under Article XX(b) to protect animal life/health because the measure appears to entail arbitrary and unjustifiable discrimination.
Background.
The UK holds Russia responsible for the attack. According to the UK Russia used force against the UK. Does public international law permit the UK to use force against Russia?
The use of force is generally prohibited under public international law. The UK may only use force against Russia if it is entitled to the right of self-defense. In view of the character and qualification of the attack by Russia in Salisbury as a use of force, the UK is not entitled to use force in self-defense.
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If used for military purposes during an international armed conflict, this exam room qualifies as a military object.
Is this statement true or false?
Any dispute between the Netherlands and Zimbabwe relating to the interpretation or application of the Bilateral Investment Treaty they concluded in 1996 (entry force in 1998) may be submitted to the International Centre of the Settlement of Investment Disputes.
Is this statement true or false?
The application of Art. 6(1) of the European Convention on Human Rights may be subject to limitations.
Is this statement true or false?
The International Criminal Court cannot exercise jurisdiction over nationals from a state that is not a party to the Rome Statute.
Is this statement true or false?
The obligation to prevent transboundary harm qualifies as an obligation of result.
Is this statement true or false?
Assume that a recent outbreak of chicken flu in South-East Asia has left affected countries with problems to get rid of millions of dead chickens. For various reasons, burning of the corpses is not an option. Australia has become aware of foreign states
dumping dead chicken in the ocean over the last few weeks. International organizations have warned against this practice because chicken flu is highly contagious and can spread from chicken to other animal species, including fish.
Assume that on Monday 7 March 2018, an Australian Navy ship spots several small boats dumping white sack into the ocean north of Australia. The ship captain estimates the small boats are 199 nm from the Australian mainland. The small boats appear to be traveling back and forth to a larger ship, which is positioned about 210 nm from the Australian coast and which sails under the flag of Vietnam.
When the Australian Navy ship sends an order to stop the larger ship, it sails away at full speed. The captain seeks advice on how to proceed.
Assume you are a junior legal officer at the Australian Navy. Your senior legal officer has asked for a short memorandum setting out the enforcement options have available under the United Nations Convention on the Law of the Sea (UNCLOS).
Draft your memorandum of about 500 words in accordance with the prescribed methodology.
Assume that on 23 March 2018 the government of the United States decides to impose a ban on the importation of tulip flowers from the Netherlands. According to the government of the United States, tulip bulbs pose a threat
.....read moreThe fight against terrorism might make it necessary to derogate from provisions of international human rights law. Please explain whether it is permissible to combat terrorist attacks by introducing measures which derogate from the prohibition of torture and the right to peaceful assembly in the International Covenant on Civil and Political Rights (ICCPR). If derogation from these rights is permissible, elaborate upon the legal requirements that any measures derogating from the ICCPR would need to meet. Substantiate your answer with reference to relevant legal provisions and/or case law. (20 points)
You are the student assistant of your professor of public international law. As he is currently very busy, he asked you to support him in preparing the next lecture. He asked in particular for a comprehensive overview of the subjects of public international law. Address in detail the subjects-doctrine and describe the principal characteristics of three subjects under public international law. Substantiate your answer with reference to relevant legal provisions and/or case law. (20 points)
For twenty years, Elantris has been governed by a military dictator, General Iadon. Iadon has enjoyed increasing popularity for the past two years. In early 2016, he announced that he was determined to democratize Elantris and he wished to have his position confirmed and legitimized through fair and transparent presidential elections. However, Iadon’s rival Mr. Raoden emerged as the winner of the 15 March 2017 elections.
Iadon was outraged. He refused to accept the outcome and had hundreds of Raoden’s supporters expelled, killed or tortured. Raoden fled the country. Large-scale unrest followed, primarily in the Western part of the country where Raoden enjoys the most widespread support. General Iadon responded by ordering the Elantris army to “clean up that rebel nest”. Elantris’s Western neighbor and archrival Fjorden has followed these developments with concern and considers that the situation in Elantris forms a threat to the stability of the entire region.
Fjorden announced its readiness to conduct a military intervention in Elantris to end violence thereand to oust General Iadon from power (and thereby to enable Raoden’s inauguration as president), contributing to democratization of Elantris and to stability. Fjorden and Elantris are both UN members.
Now consider the following scenario. The SC fails to deal with the situation and does not adopt a resolution. Fjorden still wishes to intervene in relation to the violence by the Elantris’ Government against civilians and/or the evolving humanitarian crisis. However, Fjorden is not willing to risk violating international law. You are asked to provide a legal advise on a generally accepted alternative legal basis for military intervention in light of the evolving humanitarian crisis. Under what conditions does international law allow States to intervene to protect civilians and have these conditions been
.....read moreEarlier this year, the Italian authorities banned a planned demonstration in protest against the migrant camp in the Italian port of Sicily. Despite the ban, more than 150 persons turned up for the demonstration. Various persons were arrested by the police, including Raoden, a 27-year old French student. While released the next day, Raoden claims that the Italian police has violated several of his rights.
Italy is a party to the International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocol.
Which procedure on the international level would be open to Raoden to address the alleged violations of human rights protected under the ICCPR? Discuss the main characteristics of this procedure and explain the criteria that have to be met before Raoden can utilize this mechanism. Substantiate your answer with reference to relevant legal provision. (10 points).
Which generations of human rights are covered by the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social an Cultural Rights (ICESCR) respectively? In addition, what is the difference in the nature of the obligations for States with respect to the realization of the rights protected under these two conventions? Explain and substantiate your answer with reference to the relevant legal provisions and/or case law (10 points).
The Secretary General of the United Nations requests you, as his legal advisor, to prepare a legal analysis. You are asked to set out the conditions for a successful call on the right to self-defense within the ambit of the UN charter system. Substantiate your analysis with reference to relevant legal provisions and/or case law (20 points).
From 1 Septemer - 30 November 2015, The State Alphaland conducted military operations against its neighboring State, Betaland. The military leadership of Alphaland ordered the armed forces to wear the UN embelm to confuse the armed forces of Betaland. This tactic has proved successful as Alphaland killed a large number of Betaland armed forces, precisely because of the confusion. Alphaland and Betaland are parties to all the 1949 Geneva Conventions and both 1977 Additonal Protocols. Betaland is party to the 1998 Rome Statute of the International Criminal Court (ICC Statute) You are requested to provide a legal analysis on the following two questions. Did members of the amred forces of Alphaland comit a crime under the ICC Statute (10 points)
Assuming members of the armed forces of Alphaland violated the ICC Statute, would the ICC be able to exercise jurisdiction if Betaland referred the situation to the prosecutor of the ICC in accordance with Article 14 of the ICC Statute (10 points)
The State Arcadia intends to build a nuclear power plant near the border with its neighboring State Vilnius. Which
.....read moreIn deze bundel worden o.a. samenvattingen, oefententamens en collegeaantekeningen gedeeld voor het vak Public International Law voor de opleiding Rechten, jaar 3, aan de Universiteit Leiden.
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