Please explain your answers by referring to relevant law,
legislation, cases and any other legal materials.
The Republic of Memphis (ROM) was established in 1968 and joined
the United Nations the same year. It maintains diplomatic relations
with well over 100 other states including Australia. Around 90% of the
population of ROM belong to the ethnic Novida group. The remaining
10% (about 200,000) are members of the ROM ethnic group with a
language, religion, history and cultural tradition which distinguishes
them from the majority.
When the ROM was established, it created the Novida Autonomous
Region (NAR) in the far northern part of the ROM. The Novida ethnic
group enjoy a large measure of internal self- government through its
own Regional Assembly. Almost all of the Novida live in the NAR. They
make up the entire population in this region, with higher standards of
living, health care, civil rights and economic freedom than those of the
ROM population. Something the NAR are very proud of. Since 1968,
various agreements have been entered into between ROM and the
Regional Assembly of NAR. While the region is considered a flash point
by the international community due to military posturing between the
two regions, relations have remained cordial. One agreement in
particular, provides for the freedom of movement between the two
regions. NAR has challenged this ‘free movement’ from the outset,
claiming that there is no evidence that such a practice existed prior to
1968 and _ further claiming ‘free movement’ is a threat to the NAR way
of life. In January 2012, the Regional Assembly of NAR met and by a
large majority declared the region’s independence as a new state to be
known as Felice Novida. This declaration of independence expressly
invoked ‘the Novida people’s right to self-determination’. The Regional
Assembly also declared the borders of Felice Novida were to be the
same borders of the old NAR. An interim President and Cabinet was
elected. Widespread fighting erupted between Felice Novida pro
independence militias and pro-ROM militias. For four years, bitter
fighting raged across the ROM and NAR. During this time, it is not clear
whether the ROM or the pro- independence Felice Novida forces have
asserted effective control over the NAR territory. Felice Novida
subsequently claiming, they have effective control of the region. By
2016, 20 states had recognised Felice Novida statehood. The Australian
Foreign Minister announced that Australia was still considering
whether to recognise Felice Novida. The _ Australian Government has
received intel that the treatment of ROM civilians by Felice Novida
forces civilians on the ground, may be_ breach international law. The
United Nations has received an application from Felice Novida for
membership. Felice Novida’s Foreign Minister has also written to
Australia asking that it recognise’ Felice Novida’s statehood and its
government. (You may assume that Felice Novida is not a party to any
treaties and that the only treaty that ROM is a party to is the UN
Charter.)
The Australian Foreign Minister seeks your advice on this matter.
What issues of international law arise from this scenario? (15
marks)

Please explain your answers by referring to relevant law, international law _
principles, treaties cases and any other legal materials.
Wakanda is a small coastal nation with a large and strategic port that provides a
safe haven for sea-weary ships and sailors. The nation’s capital is nestled in the
mountainous ranges of Marvel. A civil war has erupted in Wakanda. A rebel
group known to the locals as ‘The Thanos’ is fighting against the government.
This has resulted in a bloody battle for the port and the land of Wakanda. Across
the ocean lies another country called Hulkious and it has quietly expressed
concern for what is taking place in Wakanda. Hulkious has significant natural gas
interests in Wakanda. In secret, the rebel army commanders of ‘The Thanos’ and
army personnel from Hulkious meet. They form an agreement. Hulkious will
financially support ‘The Thanos’ and_ supply weapons, but Hulkious have not
entered Wakanda, nor will they lead any military operations. ‘The Thanos’ are
planning a coup d’etat to over- throw the Wakanda government. On the eve of
the planned attack, 50 Hulkious special forcessoldiers enter Wakanda to provide
on the ground support to ‘The Thanos’. At the same time, a Hulkious naval ship
is moored at the main port in Wakanda after friendly war game manoeuvres
with the Wakanda navy. While heading to a secret meeting with ‘The Thanos,
the Hulkious soldiers are involved in a shoot-out with Wakanda military and kill
10 Wakanda soldiers. Despite the bloodshed, the Wakanda soldiers arrest and
detain 15 Hulkious soldiers involved in the incident. In retaliation to the
detention of the 15 soldiers, the Hulkious launch an attack from the naval ship
moored at the port and detonate bombs that destroy two government buildings.
The naval ship then retreats to the haven of the high seas. The government of
Hulkious has asked for their soldiers to be released, declaring they had no
knowledge of the military coup or sanctioned the support of “The Thanos’. There
is intelligence that suggests that the Hulkious soldiers are being tortured for
information. Both states are members of the UN and are parties to treaties
relating to torture, international crimes and human rights. Wakanda, disputes
being a party to any treaties relating to torture. The Wakanda government
refuse to release the Hulkious soldiers.
What issues of international law arise from this scenario? Discuss (20 Marks)

Question 3

Please explain your answers by referring to relevant law, International Law principles, treaties, cases and any other legal materials.

The history of the law of the sea has been marked by tensions between two divergent regimes, that of mare clausam and mare liberium. Which position does international law of the sea now reflect?

Discuss(15 Marks)

Type Of Service: Academic paper writing
Type of Assignment: Essay
Subject: Law
Pages / Words: 3/825
Number of sources: N/A
Academic Level: Sophomore(College 2nd year)
Paper Format: MLA
Line Spacing: Double
Language Style: AU English

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