True or false questions

Question 1

If used for military purposes during an international armed conflict, this exam room qualifies as a military object.
Is this statement true or false?

Question 2

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?

Question 3

The application of Art. 6(1) of the European Convention on Human Rights may be subject to limitations.
Is this statement true or false?

Question 4

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?

Question 5

The obligation to prevent transboundary harm qualifies as an obligation of result.
Is this statement true or false?

Problem questions

Question 1

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.

Question 2

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

Questions

Question 1a

Earlier 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).

Question 1b

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).

Question 2

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).

Question 3a

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)

Question 3b

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)

Question 4a

The State Arcadia intends to build a nuclear power plant near the border with its neighboring State Vilnius. Which procedrual obligation does international environmental law prescribe Arcadia in these