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Suggested time: 50 minutes
Maximumscore: 150 points
ESSAY A
Terra a State party to the United Nations Convention on the Law of the Sea, 1982
(Convention) adopted the Territorial Waters Act 2002 which declared, inter alia that:
(1) Passage of foreign vessels in cases where they are engaged in any of the
following activities shall not be considered innocent, and shall be subject to relevant
civil and criminal laws and regulations:
(a) Any act of propaganda aimed at affecting the national security, defence or
economic interests of Terra;
(b) Any act of pollution of the marine environment contrary to the rules and
regulations of Terra.
(2) Passage of warships, submarines, nuclear-powered ships or any other floating
objects of vessels carrying nuclear or other dangerous or noxious substances harmful
to the environment or foreign fishing vessels through the territorial sea is subject to
prior authorization.
And in addition, upon ratifying the Convention Terra made a declaration asserting
that:
"The provisions of the Convention do not authorise other States to carry out
in the exclusive economic zone, military exercises or manoeuvres, in
particular those that involve the use of weapons or explosives without the
consent of the coastal States."
In your capacity as legal adviser to Minima, a State party to the Convention with the
Law of the Sea, you are asked to analyze the conformity of these provisions of the
Territorial Waters Act. Minima had also been planning a series of 'war games' both
on the high seas and in Terra's EEZ, thus, you have also been asked to comment on
the legality and effect of Terra's declaration.
Begin writing your answer to Essay A on page 13of the answer booklet.
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ESSAY B
Suggested time: 55 minutes
Maximumscore: 150 points
The Charter of the United Nations makes it quite clear that under Article 51 the right
of a state to use force is limited to situations where it is itself the victimof an armed
attack, or where another member of the United Nations is the victimof an armed
attack and it has been asked by that victimstate to assist it in the exercise of its
self-defence. That's the essence of the text of Article 51 and when coupled with
Article 2(4) of the Charter, which prohibits states fromusing force unilaterally, it
states the parameters as conceived in 1945.
During the relevant time of the Contract, the people of Freedonia were
protesting against the President of Freedonia, King Freedom, a repressive ruler. The
opposition party led a mass protest to which the President responded by using
military force, causing wide-spread rioting and looting throughout the western part of
Freedonia, and damaging the APC vehicles ordered by UNMIF. As a result, Takamati
Subcontractor's factory was destroyed by the riots and looting, and the pieces for the
50 APC vehicles in the factory waiting for final assembly were also looted, resulting
in the total residual value of $300,000. The pieces for the other 50 APC vehicles,
waiting for inland transportation at the port of Freedomville, were unharmed but the
pieces could not be moved out of the port due to the unrest. As a result of the
exposure to heat and humidity, the pieces soon rusted, resulting in the total residual
value of $500,000.
Does Article 51 of the Charter of the United Nations cover pre-emptive self-defence?
Please discuss.
Begin writing your answer to Essay Bon page 19 of the answer booklet.
After several months of discussions and unsuccessful negotiations between
TakamaU and UNMIF, Takamati commenced a legal action against the United Nations
in a court in Granaya, for recovery of the other half of the total purchase price,
arguing that delivery under the Contract had been made pursuant to the terms of
the Contract. A notice of the legal action has been delivered by mail to the UN
Headquarters in New York. Granaya and Freedonia are both parties to the 1946
Convention on the Privileges and Immunities of the United Nations, without any
reservation made thereto.
ESSAY C
The UN Mission in Freedonia ("UNMIF"), established pursuant to a UN Security
Council resolution to end civil strife in the eastern part of Freedonia, a member state
of the United Nations, purchased one hundred (100) Armored Personnel Carrier
(APC) vehicles fromTakamaU, a vehicle manufacturer incorporated under the laws of
Granaya, also a member state of the UN, at the prie of US$50,000 per vehicle.
In order to promote development in Freedonia, UNMIF decided that the APC
vehicles should be delivered in pieces, to be assembled in Freedonia by a
subcontractor of Takamati whose factory was located in the western part of
Freedonia ("Takamati Subcontractor"). The contract which was entered into between
UNMIF and Takamati ("Contract") provided for delivery of the pieces of the APC
vehicles to the port of Freedomville, located in the western part of Freedonia. The
Contract also provided for the payment of the one half of the total purchase price of
the APC vehicles (i.e., $1,250,000) upon delivery of the pieces for the first 50 APC
vehicles to the port of Freedomville. The other relevant provisions of the Contract
are set out in the attachment.
The shipments of the pieces for first 50 APC vehicles arrived in Freedomville,
and were forwarded to the factory of the Takamati Subcontractor for final assembly.
UNMIF paid the one half of the total purchase price to Takamati in accordance with
the Contract. The shipments of the pieces for the other 50 APC vehicles also arrived
one month later, and were waiting for inland transportation to the factory of the
Takamati Subcontractor.
Facts
Suggested time: 60 minutes
Maximumscore: 150 points
Ouestion
You are a legal adviser in the UN Office of Legal Affairs and you have been
asked to prepare a legal analysis for the UN Legal Counsel, concerning the dispute
with Takamati, addressing the following two issues: (i) what should the United
Nations do about the legal action commenced by Takamati in the Granayan court?;
and (ii) what are the UN's potential liabilities to Takamati under the Contract?
Provisions in the Contract (the term"Contractor" below refers to Takamati)
Delivery. The Contractor shall: (i) transport, the pieces for the 100 APC vehicles to
the port of Freedomville, Freedonia, in two separate shipments, each containing the
pieces for 50 APC Vehicles, and (ii) immediately forward the pieces fromthe port of
Freedomville to the premises of the Contractor's Subcontractor in Freedonia for final
assembly. Within 15 calendar days of the arrival of the second shipment of the
pieces for the APC vehicles at the port of Freedomville, the Contractor shall deliver
the 100 APC vehicles, fully assembled, to UNMIF at its Headquarters located in
Freedomville in Freedonia.
Payment. Upon delivery of the pieces for the first 50 APC vehicles to the port of
Freedomville, the United Nations shall pay the Contractor the one half of the total
purchase price of the 100 APC vehicles, at US$50,000 per vehicle. The remainder of
the total purchase price shall be paid by the United Nations upon its acceptance of
the delivery of the 100 APC vehicles, fully assembled, in accordance with the
provisions on "Delivery" of this Contract.
Sub-contractinq. In the event the Contractor requires the services of sub-
contractors, the Contractor shall obtain the prior written approval and clearance of
the United Nations for all sub-contractors. The approval of the United Nations of a
sub-contractor shall not relieve the Contractor of any of its obligations under this
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Contract. The terms of any sub-contract shall be subject to and conformwith the
provisions of this Contract.
Suggested time: 60 minutes
Maximumscore: 150 points
Insurance. The Contractor shall provide and thereafter maintain insurance against
the United Nations' risk of loss of or damage to the APC vehicles until the 100 APC
vehicles are delivered to the United Nations, fully assembled, in accordance with the
provisions on "Delivery" of this Contract. The Contractor shall also provide and
thereafter maintain insurance against all risks in respect of its property and any
equipment used for the execution of this Contract.
ESSAY D
Force majeure.
3. Force majeure as used in this Article means acts of God, war (whether
declared or not), invasion, revolution, insurrection, or other acts of a similar nature
or force.
Settlement of disputes. Any dispute, controversy or claimbetween the Parties
arising out of this Contract or the breach, termination or invalidity thereof, unless
settled amicably by the Parties within sixty (60) days after receipt by one Party of
the other Party's request for such amicable settlement, shall be referred by either
Party to arbitration in accordance with the UNCITRAL Arbitration Rules. The parties
shall be bound by any arbitration award rendered as a result of such arbitration as
the final adjudication of any such controversy, claimor dispute.
Privileqes and immunities. Nothing in or relating to this Contract shall be deemed
a waiver, express or implied, of any of the privileges and immunities of the United
Nations, including its subsidiary organs.
Begin writing your answer to Essay C on page 25 of the answer booklet.
2. If the Contractor is rendered permanently unable, wholly, or in part, by
reason of force majeure to performits obligations and meet its responsibilities under
this Contract, the United Nations shall have the right to suspend or terminate this
Contract with seven (7) days prior notice in writing to the Contractor.
1. In the event of and as soon as possible after the occurrence of any cause
constituting force majeure, the Contractor shall give notice and full particulars in
writing to the United Nations, of such occurrence or change if the Contractor is
thereby rendered unable, wholly or in part, to performits obligations and meet its
responsibilities under this Contract. The Contractor shall also notify the United
Nations of any other changes in conditions or the occurrence of any event which
interferes or threatens to interfere with its performance of this Contract. On receipt
of the notice required under this Article, the United Nations shall take such action as,
in its sole discretion, it considers to be appropriate or necessary in the
circumstances, including the granting to the Contractor of a reasonable extension of
time in which to performits obligations under this Contract.
A multilateral treaty has been concluded among States of a particular region
pertaining to the development of economic and financial cooperation. The treaty
stipulates that no reservations are allowed thereto. The depositary of the treaty is
the Secretary-General of the United Nations. State A, signatory of the treaty,
transmits its instrument of ratification accompanied by a declaration stating that all
provisions of the treaty are in conformity with this State's constitution and to the
effect that no unconstitutional provisions could be implemented. The Secretary-
General duly circulates this declaration to the other parties. State Bobjects saying
that it constitutes a prohibited reservation and not a simple declaration.
State A replies that it is a declaration and claims that the depositary accepted and
circulated it.
Discuss:
1)
2)
3)
The nature of State A's declaration and the consequences or effects of the
circulation by the depositary of its declaration;
The position and the functions of the depositary with regard to the
circulation of the declaration;
Implications of this dispute under treaty law and especially the Vienna
Convention on the Law of Treaties.
Begin writing your answer to Essay D on page 31 of the answer booklet.