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INT Law 2. Case Practice

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14 views

INT Law 2. Case Practice

Uploaded by

simber.kis
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Assignment 1: Law of Treaties

Read the fictional case below and answer the three questions. Support your answers by reference to
the relevant law.

Uras, Anares, and Gont are three neighboring states in the Cetus region. This region is known for its
many rivers that contain rich resources of medicinal algae (algaus medicinus giliwanus, commonly
known as Gillyweed). All three countries have historically used Gillyweed for many things
including healing, culinary, and cultural practices.

In 2018, a report of the National Scientific Foundation of Uras found that the common reserves of
Gillyweed contained in the rivers of the Cetus region are dangerously low, and if the rate of usage
continues as it is, there will be no more naturally occurring Gillyweed by 2030. In response to this,
in 2020 Uras and Anares concluded the Convention for the Preservation of Gillyweed (CPG, or
Convention). The Convention was signed in a solemn ceremony on 1 November 2020. Six months
later, on 1 May 2021, Uras deposited its instruments of ratification. On 1 March 2022, after
prolonged discussions in its national parliament, Anares also deposited its instruments of
ratification. Relevant provisions of the Convention are reproduced below.

In 2022, while Uras and Anares were preserving the reserves of Gillyweed in conformity with their
agreements under the CPG, Gont was extracting and using Gillyweed with no restraints. This
accelerated the depletion of Gillyweed reserves, bringing them below a dangerous minimum level.
After much diplomatic negotiations between the three states, Gont officially signaled its intention to
join the CPG by sending a diplomatic letter to Uras and Anares.

All three states are parties to the United Nations Charter, and the Vienna Convention on the Law of
Treaties.

a) Can Gont join the CPG although it was not one of the original parties that negotiated the
agreement?

b) Which states, if any, are currently bound by the CPG?

c) Which person would have the power to express consent to be bound by the CPG on behalf of
Gont?

*****

Convention for the Preservation of Gillyweed


(CPG)

Article 1
The objective of this Convention, to be pursued in accordance with its relevant provisions,
is the preservation of the reserves of Gillyweed, and the prevention of their further
depletion.
Article 2
Any form of extraction of Gillyweed, whether for commercial or scienti c purposes, is
strictly prohibited. This ban on extraction shall remain in place for at least 5 years, or until
the reserves of Gillyweed have naturally replenished.

Article 8
The present Convention is open for signature by all States of the Cetus region.

Article 9
The present Convention is subject to rati cation by all States of the Cetus region. The
instruments of rati cation and those relating to acts of formal con rmation shall be
deposited with the Secretary-General of the United Nations.

Article 10
The present Convention shall remain open for accession by any State belonging to the
category described in article 8. The instruments of accession shall be deposited with the
Secretary-General of the United Nations.

Article 11

The present Convention shall enter into force on the thirtieth day following the date of
deposit of the
second instrument of rati cation or accession by States.

For each State ratifying or acceding to the Convention after the condition speci ed in
paragraph 1 has been ful lled, the Convention shall enter into force on the thirtieth day
after deposit by such State of its instrument of rati cation or accession.

Assignment 2: Customary International Law

The norm of prevention of transboundary harm is the cornerstone of international environmental


law. At its core, the norm of prevention is based on the rationale that it is better to prevent
environmental damage than to have to remedy it once it has occurred. Historically, the norm of
prevention emerged in bilateral disputes between states and was formulated by international courts
and tribunals in the following way: there is a general obligation of States to ensure that activities
within their jurisdiction and control respect the environment of other States or of areas beyond
national control. More recently, the norm was reiterated by states in two key international
environmental declarations: The 1972 Stockholm Declaration on the Human Environment
(Principle 21), and the 1992 Rio Declaration on Environment and Development (Principles 14 and
15). Nowadays, the norm of prevention is also part of binding international treaties, such as the
United Nations Framework Convention on Climate Change, which has 198 state parties.

Can it be argued that the norm of prevention is a rule of customary international law? Why or why
not?
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