International Law and Transnational Legal Problems

LSLW 577

Spring 2006

Twas brillig and the slythy goads did gyre and gimble in the exam,. (with apologies to Lewis Carroll).

All mimsy were the bursars and their minions outgrabe.

Beware the final exam my son, the jaws that bite the claws that catch

Beware the subtext and shun the frumious apparent match.

She took her vorpal pen in hand

Long time the manxsome text she wrote

So rested she and drank caffeine free and sat a while in thought.

But while in gruegeous thought she sat, the professor's tricks with slys agame came wiffling through in words off cue and needled as it came.

One two, one two, and almost through, her vorpal pen went snicker snack. She cleft the lead and with what she read she quipped triumphant back.

And has thou feigned with knowledge tamed the answers true and coy? Oh frabuous day caloo calay the professor chortled in his joy.

Twas brillig and the slythy goads did gyre and gimble in the exam.

All mimsy were the bursars and their minions outgrabe.

This is the final examination in the Legal Studies Course "International Law". You have one week to answer the following sixteen questions (just kidding) and to complete this test of your learning, intellect, and skill. The exam must be submitted on the date scheduled for a final exam at which time we will discuss the exam for a minimum of one hour.

Question One

Lukocyte Skywalker was born in Bocadelvistaislamabad. He and his family had come to prominence and wealth as the result of shrewd investment in high technology. Fortunes changed however when a regime hostile to his Islamic origins siezed power in Bocadelvistaislamabad. He was "disappeared" upon the order of Col. Vader, the head of the military and junta leader. He was tortured for two weeks in a remote location and left to die. The military siezed all his family's assets. He and his family fled to the United States. They became citizens of the U.S. in 1983 and brought suit against the Vader government.

Col. Vader's government was deposed in 1983. He fled to Ireland. He is has had a major stroke and cannot speak. Bocadelvistaislamabad, Lictenberg, and the Spanish Congo petitioned Ireland for extradition. Lictenberg citizens were jailed in Bocadelvistaislamabad for several weeks during the initial rise of Col. Vader's junta. Spanish Congo claimed its citizens had property illegally siezed. Bocadelvistaislmabad claimed that Col. Vader tortured its citizens and committed genocide on the Smurfs, one of its tribal groups.

What charges could be brought against whom? What facts might you assume for the sake of resolving all possible answers? What principles and devices of international law could be invoked? How would the charges be decided? What are the possible outcomes?

Question Two

Wealthy people fleeing from what they describe as persecution in their homelands approached the coast of California in boats. These "Yacht People" have been reduced to using Caviar Helper at cocktail hour. They seek to stay in the United States. However, they are being turned away at about two miles from the shore. The last yacht load got within a mile of shore and had three people jump ship. One, weighed down by her jewels drowned. The other two swam to shore, were arrested, and imprisoned. The two making their way to shore are scheduled to be returned to their homelands where they face immediate persecution. The remaining ten on the yacht were turned around at the one mile point and sent back to certain incarceration. An NGO in Florida has brought a suit in U.S. District Court on behalf of the ten yacht people, the two incarcerated in the U.S. and about forty or so returned at the thirty mile point.

Assume issues necessary to your answer. Weigh the factors. Determine what claims can be brought, under what laws, and by whom. What will be the likely outcomes?

 

SUMMER WELL