Midterm Examination

International Law

Spring 2011

 

This is the midterm examination in the Legal Studies course "International Law ". The examination is a test of your ability to recognize international law issues, to write with the crisp syntax of Hemingway, yet with the flowing prose of Mailer, with a nod to the visual imagery of Rushdi and the tense serpentine gothic structure of Ann Rice. Yes, you are deep in the academic mire of the midterm examination. The midterm exam, as you know, was developed by the Greeks, modified by the Inquisition, refined by the Marquis de Sade, perfected by the Khmer Rouge in Cambodia, retested at Guantanamo and later readopted by modern American higher education. Although the fatality rate of the final exam has been lowered by bleeding heart liberal regulators in various human rights commissions and NGO's world-wide that have reduced its time and scope from several days and mitigatged the infliction of actual physical pain to mere take-home examinations of knowledge, the midterm exam remains one of America's greatest contributions to western civilization and an antidote to too much education.

Answer the following question as completely as you can by spotting as many legal issues and legal principles germaine to international law and to resolving the issues while explaining what resources are necessary to support plausible conclusions:

1. A group of graduate students from LSLW577, a graduate course at Montclair State University, decided that for their course project they would form their own nation. Coincidentally, one of the graduate students was secretly very wealthy and financed the purchase of an abandoned oil derrick twenty-five miles off the coast of Cape May, New Jersey. After only two months of intensive advertising, the population increased to fifteen hundred men women and children in permanent residence. Elections were held and a formal proportional government was installed. The new government immediately began to create: a currency, passports, a merchant fleet of ships, legislative and judicial systems under a constitutional form of government, and set standards for citizenship. Elections were held and appointments were made to the executive branch of government. The constitution designated the name of the new country, Comp Land. Simultaneous with the ratification of the new constitution, Comp Land applied for admission to the United Nations.

a. Looking for revenue, Comp Land decided to provide registry for its own and foreign shipping. A petroleum transport ship registered in Comp Land, owned by a company in Estonia, managed by a Peruvian management company, and crewed by Ecuadorian maritime company was thirty miles off the coast of New Zealand. The ship exploded leaking oil and damaging the ecosystem. Two Peruvian crewmen and one Ecuadorian were killed. The New Zealand government discovered that french commandos were responsible for the bombing. They arrested Major Pierre Escargot, commando leader when he was caught on New Zealand territory and charged him with murder under New Zealand law. The government of France demanded extradition as did the governments of Ecuador and Peru. Discuss possible outcomes. Support your reasoning. Comp Land has a small army and navy including one old Soviet nuclear submarine.

b. Comp Land seized the Estonian vessel claiming that, despite the french bombing, the ship did not have adequate safety features to minimize the leakage. Estonia filed a complaint with the ICJ claiming that the ship was illegally seized. Spot the issues. Discuss possible outcomes. Support your reasoning.

c. George Loophole, who claims citizenship in Comp Land, has requested asylum from the Comp Land government against arrest by American authorities on charges of tax evasion. The American authorities demand extradition of Mr. Loophole. Discuss possible outcomes. Support your reasoning.

d. In another revenue raising scheme, Comp Land has decided to place an ocean floor factory at the twenty-six mile zone on the slope of the continental shelf. The factory will process sea water and extract minerals for mineral supplements and precious metals such as gold. At the same time, the plant will provide crystal clear bottled water to be bottled and sold internationally under the name "577". New Jersey and the federal government claim that Comp Land is not a country and is interfering with its coastal and territorial rights. NJ taxed the profit. Comp Land challenged in court. Spot the issues. Discuss the possible outcomes. Support your reasoning.

e. Last but not least, Comp Land has provided funding and support for a feminist group, "Women Objecting to Warfare" (WOW) seeking interntional peace. The Obama administration claimed that the group has links to al-Qa'ida and has threatened to invade Comp Land if the leading members of the group are not turned over to the Americans. In addition, the Obama administration demanded that Comp Land open itself for inspection for weapons of mass destruction. Comp Land has appealed to the United Nations for intervention and protection. Spot the issues. Discuss the possible outcomes. Support your reasoning.

f. In a retaliatory move, Comp Land launched a satellite into L-5 location "1". The satellite collected pictures of US military installations. The US launched missles at the L-5(1). The missles missed but damaged a Comp Land shuttle which was on route to Brazil. L5-133 (the residents of Comp Land use numbers instead of traditional names), attacked a US resident in the air over France in anger over the US assault. The shuttle made an emergency landing in the Florida. L5-200 claimed that he was injured by the missle and is suing Virgin Atlantic, the owner of the shuttle. Also, the Florida government arrested L5-133 and held her for trial. A SWAT team of American Green Berets also attacked a archaelogical site on the Moon established by Comp Land killing L5-200, the lead archaeologist. A garrision of Comp Land marines captured the US marines and plan to try them for murder. Spot the issues. Resolve them.

Okay. That's it. Good luck.