Public and international law

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Assignment due Tuesday December 14,2021 12:00 pm ET


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1. In 1895 Dutch explorers discovered remote landlocked territory in central Africa, occupied by

A small group of nomadic people. The explorers got permission from the Dutch government to

Claim the territory for the Kingdom of the Netherlands. This territory called Utopia was so

Remote and had very little resources, so no Dutch people took up the offer to return and populate

It and the government did not set up any permanent fixtures there. Years later, in 1910, the

Government of South Africa entered Utopia and decided to take control of this territory. They

were not met with any resistance from the local people and the Netherlands made no formal

Objection. South Africa subsequently sent people to populate the territory and to develop the

Infrastructure. They also established local government and appointed a Governor. In 1950, the

South African government discovered a large deposit of diamonds in Utopia. When the

Netherlands learnt of the diamonds, their Prime Minister wrote to the President of South

Africa, objecting to South African ownership of Utopia. The Prime Minister instead claimed

That the Netherlands, having discovered the territory in 1895, had the rightful title to the

Territory. South Africa, however, responded that they had occupied the territory for 40 years

With no objection from the Netherlands.

a. Using your knowledge of relevant principles of international law, and with reference to decided

Cases, assess the claims of both the Netherlands and South Africa to rightful ownership of

Utopia. (No more than 500words) (8 marks)

b. After several public claims by both states to being the rightful sovereign for this disputed

Territory, the Netherlands decided to invade Utopia in 1952 and to take control by force. South

Africa then launched an attack on the invading Dutch troops and promptly reported it to the

United Nations Security Council as an act of self-defence. Botswana also joined South Africa

In the attack on the Dutch troops, claiming that they had an obligation under a mutual defence

Treaty which said that an attack on either state would be considered an attack on both. The

Netherlands however, claimed that the actions of both South Africa and Botswana were

Unlawful use of force, while the act of deploying Dutch troops in Utopia was lawful because it

Was use of force in domestic affairs?

Assess the legality of the use of force of each of the states involved. (No more than 500words)

2. Over the last decade, citizens of Zootopia have been calling for the reintroduction of the death

Penalty as a way of stemming increases in crime. Assume that Zootopia is a state in the

Commonwealth Caribbean that has signed and ratified the International Covenant on Civil and

Political Rights (ICCPR) but has refused to sign the Second Optional Protocol to this treaty. A

Zootopian citizen, Mr. Money, was given a death sentence after he pleaded guilty to multiple

Counts of lottery scamming. He has been on death row for the past six years. Amnesty

International has argued that Zootopia does not have the right to use the death penalty after

Signing the ICCPR and has further suggested that Mr. Money’s sentence is contrary to previous

Rulings by the Privy Council.

a. Carefully assess the use of the death sentence by Zootopia in this case and comment on the

Validity of the arguments put forward by Amnesty International. (No more than 500 words)

b. The government of Zootopia recently withdrew from (denounced) the American Convention

On Human Rights. Outline the mechanisms for seeking remedies for human rights violations

Through Inter-American Human Rights system and discuss whether Mr. Money, as a citizen of

Zootopia, would be able to use these mechanisms. (No more than 500 words)

3. To what extent does the attitude of powerful states to the prohibition of the use of force in?

International relations reflect weaknesses in the enforcement of international law? (In no more than 1500 words)

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