Leadership
November 22, 2020
simulation study
November 22, 2020
Show all

International Law Question

PLEASE MAKE SURE YOU HAVE BACKGROUND KNOWLEDGE THANKS
This do not need to be well-wording. answer the question is the most important.

PROBLEM QUESTION
Airedale and Beagle are two neighbouring States. Ronald Drump is a prominent businessman living in Airedale; he is the Chief Executive Officer and owns 75% of the shares in a gold mining company, Chihuahua Gold Ltd (CGL), which is incorporated in Chihuahua, another neighbouring State. Chihuahua is a country which has a very conservative faith-based culture, but has very low corporate tax rates, thus making it an attractive place for companies like CGL to call home. The remaining 25% of the shares in CGL are owned by nationals of Airedale. Ronald Drump was born in Beagle, and he therefore holds Beagle citizenship. He lived there until the age of 12, when his family moved to Airedale. His parents are also Beagle nationals. Ronald completed his secondary schooling and attended university in Airedale. At the age of 25, he moved to Chihuahua to take up employment with CGL. Over time, he acquired shares through his salary package, and was repeatedly promoted until he was appointed Chief Executive Officer. In his role as Chief Executive Officer, CGL experienced sustained growth, and controlled interests in gold mines in Chile, Australia, Uzbekistan, and Kyrgyzstan. CGLs success led to Ronald being extremely influential, and he even hosted a late-night television programme on Chihuahuas main commercial television station. Ronald used his position to express his liberal views, which were inconsistent with the conservative belief structure of Chihuahuas strict regime. The Government of Chihuahua began to mistrust Ronald and find his conduct threatening and destabilising. In January 2019, Ronald was arrested at his office in Chihuahua on fabricated charges of fraud. He was taken to the Chihuahua Security Service headquarters, where he was imprisoned for one week. During that time, he was interrogated and subjected to multiple beatings and electrical shocks by Chihuahua Security Service officers (although the beatings and electrical shocks were not part of the officially authorised interrogation techniques, and were carried out by Security Service officers when their superiors were not present.) When he was released, Ronald discovered that Chihuahua had enacted a new statute which had the effect of transferring all the Chihuahua-based assets of CGL to the Chihuahua State-owned Trading Company. Fearing that he would be re-arrested, Ronald fled to Beagle. His substantial personal assets within Chihuahua were then seized by the Chihuahua Government. Chihuahuas treatment of Ronald Drump sparked outrage in Airedale, which had regarded him as one of its favourite expatriates. Airedale nationalists began a campaign of intimidation and fear against ethnic Chihuahuans living in Airedale. One incident got out of hand when a group of four masked Airedale thugs beat up a group of ethnic Chihuahuans in the streets of Airedales capital city. Two of the ethnic Chihuahuans were badly hurt, with one eventually dying from his injuries. Airedale police arrived on the scene and arrested the group of masked assailants. After they had been taken into police custody, it became apparent that one of the thugs was the Airedale Minister for Internal Affairs. The Airedale police subsequently released all of the group (including the Minister) from police custody, and no charges were laid even though the ethnic Chihuahuans wished for prosecutions to be brought, the Airedale police claimed that they lacked evidence. However, news of this episode (and its outcome) quickly spread, and the Chihuahua Government reacted swiftly. It announced: We have no choice but to respond to Airedales clear and wilful violation of international law. We are therefore suspending all Chihuahuas treaty obligations with Airedale, with immediate effect, for a period of at least six months. Chihuahua also quietly dispatched its elite special forces into Airedales territory (without Airedales knowledge or consent), where they searched for and located those responsible for the attack on the ethnic Chihuahuans, including the Airedale Minister for Internal Affairs. The group was abducted and transported to Chihuahua, where they were arrested on suspicion of complicity in murder. They were tried before a Chihuahuan court, convicted, and sentenced to life imprisonment. Airedale, Beagle, and Chihuahua have made optional clause declarations in which they have accepted the compulsory jurisdiction of the International Court of Justice (ICJ) under Article 36(2) of the ICJ Statute. Chihuahua has included a reservation with its declaration, which states that: Chihuahuas acceptance of the Courts jurisdiction does not apply to disputes which Chihuahua considers to be within the national jurisdiction of Chihuahua.

YOUR TASK: You have been engaged by the Government of Airedale to advise it on the international law issues arising in this set of facts. You may find it helpful to approach this task by analysing each incident, issue or potential claim, and: consider what or who might complain, about what violation of international law, against whom or what, and in what forum consider what the response might be assess the strengths and weaknesses of each argument form a view on which argument is likely to prevail in each case. Remember to cite authority for your answers.

Leave a Reply

Your email address will not be published. Required fields are marked *