Transylvania university committee on program and curriculum
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| Date approved by CPC 10/12/10
Date approved by faculty N/A TRANSYLVANIA UNIVERSITY COMMITTEE ON PROGRAM AND CURRICULUM Application for New Course 1. Submitted by (program) Political Science 2. Course Designation and Catalog Description a. 3254 prefix/number Note: 1000-level courses cover a wide range of material, serve as introductions to a discipline, and are generally appropriate for first-year students 2000-level courses are more specific in focus than 1000-level courses, may require some previous knowledge, and are generally appropriate for sophomores. 3000-level course are clearly upper-level courses, require significant background, may have prerequisites and are generally appropriate for juniors and seniors. 4000-level courses require extensive background, usually have prerequisites, and are generally appropriate for juniors and seniors
Provide a concrete rationale for the proposed course number by appealing to the description of the course numbering system as outlined above
b. i. International Law Transcript Title (limited to 29 characters/spaces only) b. ii. International Law Catalog Title (unlimited characters) c. d. e. 4.0 class hours/wk lab hours/wk units f. Instructor(s): Dr. Michael Cairo
3. Please attach an outline of the proposed course. (See Syllabus Below) 4. Pattern information:
5. Does any part of this course duplicate material already addressed in existing courses? If so, why is this desirable? No. 6. How often will this course be offered? a. Twice a year Once a year X Alternate years b. Fall X Winter May Summer 7. What methods of instruction will be employed? Lecture and discussion. 8. Will this course require any facilities, equipment, or personnel not presently available? If yes, please explain. No.
First, the course will expand the current department offerings. Some variant of international law is generally a regular offering in many Political Science departments. Second, the course is being introduced to reflect the arrival of a new faculty member, Dr. Cairo, who has taught this class before and is currently teaching it during the Fall term. 12. Whom should CPC consult for further information regarding the proposed changes? Dr. Michael Cairo, 233-8599, mcairo@transy.edu ********************************************************************************************* The following sections must be completed before application is considered by CPC:
_____Michael Cairo___________________ __9/29/10 Originated by Date
Program Director Date Division Chair comments: I concur. ___Frank Russell________________________________ __10/1/10_________ Division Chair Date _____________________________________________________________________________________________ Division Chair submits form via email to CPC secretary (Michelle Rawlings, mrawlings@transy.edu) and chair (Mark Jackson, mjackson@transy.edu)
Monday- Friday 8:30-9:30am Monday, Wednesday 1-2:30pm Tuesday, Thursday 10:45am-12pm OR BY APPOINTMENT
1. GUISD Case Studies. Go to www.guisd.org. Search for the case studies by number. For example, search for Case #426, Muted Differences: The Negotiations to Normalize U.S.-Chinese Relations, by typing “426” into the search engine. Next, click on the case after the search has been completed. You may now add the case to your “cart”. A hard copy of the case costs $5.00 and a pdf copy of the case costs $3.50. To purchase the cases, you will need a credit card. The site will ask you to register by creating a username and password. After doing so, you may purchase the case. 2. Joyner, Christopher C. 2005. International Law in the 21st Century: Rules for Global Governance. Rowman and Littlefield Publishers, Inc. ISBN 0-7425-0009-8 3. Other readings as noted on the syllabus. USEFUL RESOURCES: Washburn University School of Law Library (An easy to use search engine arranged alphabetically). The American Society of International Law The United Nations and International Law United Nations Treaty Series (Contains over 40,000 treaties). International Court of Justice International Criminal Court European Court of Justice Inter-American Court of Human Rights The Avalon Project at Yale University (Offers numerous documents from the 18th-21st centuries relating to law and diplomacy). COURSE REQUIREMENTS: Final Examination 30% Participation 15% Case Briefs 15% Case Assignments 40% ATTENDANCE POLICY: Students will be granted 3 (three) “unexcused” absences. For each unexcused absence after the third, a student will be deducted 3 (three) percentage points from the final grade in the course. For an absence to be “excused”, students must present proper documentation (i.e., a doctor’s note). Representation of Transylvania University at an “off-campus” event will constitute an “excused” absence only if I receive documentation prior to the event. Any student missing an examination for an “off-campus” event must arrange to take the examination at the professor’s convenience and prior to the event. I will not give make-up examinations for an “off-campus” event after the event has taken place. In general, students missing an examination and not giving prior notice will not be able to take the examination unless there is a valid and documented excuse (i.e., a medical emergency). Further, any assignments must be turned in prior to the day they are due if you know that you will be missing class on the due date. LATE POLICY: Papers and assignments are considered late if they are not ready to be turned in at the beginning of the class in which they are due. Late papers and assignments will be deducted 10 points for each day past the due date. Papers and assignments turned in after class on the due date will be considered one day late. Exceptions to this policy will only be made on a case-by-case basis. Any request for an exception must be made in writing. A NOTE ON EXTRA CREDIT – Throughout the semester I may choose to offer extra credit. If I do, these will be the only extra credit opportunities available in the course. You may or may not choose to take advantage of these options. However, be advised that there will be no individual extra credit offered to “improve” your grade at the end of the course. GRADING AND ASSESSMENT: The following scale will be used in calculating final grades for the course. A+, 97-100 B+, 87-89.99 C+, 77-79.99 D+, 67-69.99 A, 93.1-96.99 B, 83.1-86.99 C, 73.1-76.99 D, 63.1-66.99 A-, 90-93 B-, 80-83 C-, 70-73 D-, 60-63 The final examination will be cumulative and closed-book. The final examination may consist of multiple choice, short-answer and/or essay questions. All written answers will be graded based on the ability to construct and develop a logical argument, where applicable, the application of relevant knowledge and materials in its response, and clarity of organization and writing. Participation in class discussions is integral to the course. Simply attending class will earn you a “C”, at best, for your participation grade. You must come to class having read all of the assigned materials. You must come to class prepared to ask questions and discuss various issues raised by the readings and lectures. Failure to do so will significantly impact your participation grade. At the same time, it is important to understand that I am interested in quality contributions and not simply quantity. Think clearly about what you are saying during discussions and please understand that I may ask you to stop talking if you are dominating the discussion. Likewise, if you are not talking enough, I may call on you from time to time. The case briefs will be graded based on thorough coverage and analysis of the case, clarity and organization of the writing, proper use of the English language, an ability to properly understand the case material, and proper structure. See “Writing Case Briefs” below. The case assignments will be graded based on thorough coverage and analysis of the issues, clarity and organization of the writing, proper use of the English language, proper documentation style (parenthetical citations), and the ability to construct a logical and coherent argument. There are eight case assignments distributed throughout the syllabus. Each case assignment must be 1-2 pages in length, single-spaced, and typed. See “Case Assignments” at the end of the syllabus.
For each case brief, students should provide:
Students will write 6 case briefs (found below). Each brief should be divided into sections following the format above. Each brief should be at least 1 page, single-spaced, and typed. The due dates for the briefs are provided below. I will drop the lowest case brief grade from the overall case brief grade in the course. **NOTE – Students should be prepared to orally brief all assigned cases throughout the syllabus as a part of the class discussion.
COURSE OUTLINE: September 8: Introduction September 10 and 13: The Rise of International Law Readings: Joyner, pp. 3-10 and 14-21 Grotius and the Natural Law Tradition Hugo Grotius and Natural Law: A Reinterpretation September 15 and 17: The Sources of International Law Readings: Joyner, pp. 10-14 Article 38, Statute of the International Court of Justice The Paquette Habana and the Lola Case Filartiga v. Pena-Irala Frederic L. Kirgis, “Reservations to Treaties and United States Practice”, ASIL Insights (May 2003) September 20: Actors in International Law: Legal Standing Readings: Joyner, pp. 23-28, 41-59, and 85-104 The Montevideo Convention on the Rights and Duties of States GUISD Case #426. Muted Differences: The Negotiations to Normalize U.S.-Chinese Relations September 22 and 24: Actors in International Law: Legal Standing Readings: P.W. Singer, “War, Profits, and the Vacuum of Law: Privatized Military Firms and International Law”, Columbia Journal of Transnational Law 42(2004): 521-549. Global Trends in NGO Law Kiraz Janicke, “Venezuelan Legislature Supports Belligerent Status for Colombian Rebels”, venezuelanalysis.com (January 19, 2008). September 27 and 29: The Efficacy of International Law Readings: Joyner, pp. 28-40 Statute of the International Court of Justice Suzannah Linton, “New Approaches to International Justice in Cambodia and East Timor” Avril McDonald, “Sierra Leone’s Shoestring Special Court” Eritrea-Ethiopia Claims Commission October 1: Jurisdiction over Individuals Readings: Joyner, pp. 61-69 United States v. Wong Kim Ark Nottebohm Case (Liechtenstein v. Guatemala) Kawakita v. United States October 4: Jurisdiction over Individuals Readings: Thomas J. Schoenbaum, “The Ehime Maru Incident and the Law”, ASIL Insights (2001) October 6: Jurisdiction over Individuals Case Assignment October 8 and 11: Sovereignty and the Law of the Sea, Title to Territory, Air, and Space Readings: Joyner, pp. 223-251 Commodore RS Vasan IN(Retd), “Alondra Rainbow revisited, A Study of related issues in the light of the recent judgment of Mumbai High Court Mali v. Keeper of the Common Jail of Hudson County October 13: Territorial Sovereignty Case Assignment October 15: Diplomatic Agents and the Peaceful Settlement of Disputes Readings: Joyner, pp. 105-130 Vienna Convention on Diplomatic Relations (1961) October 20: Diplomatic Agents and the Peaceful Settlement of Disputes Readings: GUISD Case #275. A Question of Sovereignty: Bahrain, Qatar, and the International Court of Justice October 22: No class today. I will be attending a conference. October 25: Diplomatic Agents Case Assignment October 27: Arms Limitation and the Use of Force Readings: Joyner, pp. 161-195 Legality of the Threat or Use of Nuclear Weapons Excerpts from the 2002 Nuclear Posture Review October 29: Arms Limitation and the Use of Force Readings: Read Article 3 in the First Geneva Convention. Article 3 is common to all 4 Geneva Conventions. Annex to General Assembly Resolution 3314, which defines aggression. Michael Walzer, Just and Unjust Wars, 3rd edition, pp. 76-85 (on reserve at the library) Letter with Enclosures – Webster to Ashburton Letter – Webster to Ashburton November 1: Arms Limitation and the Use of Force Readings: GUISD Case #502. Ethics and Intervention: The United States in Grenada, 1983 November 3: Use of Force Case Assignment November 5: International Criminal Law Readings: Joyner, pp. 133-160 Convention on the Prevention and Punishment of the Crime of Genocide November 8: International Criminal Law Readings: GUISD Case #258. Establishing an International Criminal Court: The Emergence of a New Global Authority? November 10: International Criminal Law Case Assignment November 12: International Human Rights Law Readings: Joyner, pp. 69-82 Universal Declaration of Human Rights International Covenant on Civil and Political Rights International Covenant on Economic, Social, and Cultural Rights November 15: International Human Rights Law Readings: GUISD Case #230. The English Patient: General Augusto Pinochet and International Law November 17: International Human Rights Law Case Assignment November 19: International Environmental Law Readings: Joyner, pp. 197-221 November 22: International Environmental Law Readings: GUISD Case #226. Turbot War: Canada, Spain, and Conflict over the North Atlantic Fishery November 24: International Environmental Law Case Assignment November 29: International Economic Law Readings: Joyner, pp. 253-283 Microsoft v. Commission of the European Union United States – Subsidies on Upland Cotton December 1 and 3: Frontline – Black Money December 6: International Economic Law Readings: GUISD Case #509. From Miracle to Crisis: Brazilian Foreign Debt and the Limits of Obligation December 8: International Economic Law Case Assignment December 10: Conclusion/Wrap-Up CASE ASSIGNMENTS: Jurisdiction over Individuals Case Assignment (October 6) – (The following is taken from William R. Slomanson, Fundamental Perspectives on International Law, 5th edition, Thomson/Wadsworth Press, 2007, p. 263.) Read:
UNITED STATES v. ALVAREZ-MACHAIN, Supreme Court of the United States, 504 U.S. 655 (1992), http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=504&invol=655 AND STATE v. EBRAHIM, Supreme Court of South Africa (Appellate Division), February 26, 1991, http://www.temple.edu/lawschool/drwiltext/docs/State%20v%20Ebrahim.pdf The U.S. Supreme Court and the South African Supreme Court arrived at very different conclusions about whether a court had jurisdiction to proceed with the prosecution, when the custodial State’s agents arranged the abduction of a defendant from foreign soil. Assume that a South African citizen is abducted through arrangements made by U.S. agents to secure his presence for trial in the United States. The South African Government protests, using an extradition treaty between the two countries as the basis of its argument. That treaty neither prohibits nor condones such abductions. South Africa and the United States decide to resolve this matter in the International Court of Justice. You are a justice on the ICJ. The issue for the ICJ is whether the United States has jurisdiction under international law to proceed with the criminal case against the South African defendant. Write an opinion on the matter using the following format:
IN THE INTERNATIONAL COURT OF JUSTICE SOUTH AFRICA V. UNITED STATES DECISION: DATE DUE
The opinion of Justice [YOUR NAME HERE] follows.
The court has jurisdiction over the case based on….
The opinion and explanation of reasons of the court is as follows:
Therefore, the court orders the following: First,… Territorial Sovereignty Case Assignment(October 13) – Sea Shepherd Conservation Society (SSCS) is an international non-profit, marine wildlife conservation organization established in 1977. Its mission is to protect the habitat and wildlife of the world’s oceans in order to conserve ecosystems and species. According to Sea Shepherd’s website, the work of the organization is guided by the UN World Charter for Nature (particularly Sections 21-24), and adheres to all aspects of international law, including the International Whaling Commission, Convention on International trade in Endangered Species of Wild Fauna and Flora, United Nations Convention on the Law of the Sea, The Convention of Antarctic Marine Living Resources, the Northwest Atlantic Fisheries Convention, the International Convention for Conservation of Atlantic Tuna, the Declaration of the United Nations Conference on the Human Environment, ASEAN Agreement on the Conservation of Nature and Natural Resources, the Berne Convention, and the Convention on the Conservation of Migratory Species. SSCS has been particularly active in anti-whaling activities in the Southern Ocean. SSCS pursued and harassed Japanese whalers in Antarctic waters for months in the 2009-2010 season, a campaign which both sides say reduced the Japanese cull by several hundred whales. SSCS had three vessels in the Southern Ocean protesting Japan’s annual hunt, which it conducts using a rule under a moratorium on whaling agreed in 1986 that allows “lethal research” on the mammals. According to the Japanese, the hunts are necessary to prove whale populations have recovered enough to justify a return to commercial whaling. On January 5, 2010, a Japanese security ship, Shonan Maru No. 2, rammed and caused catastrophic damage to the Sea Shepherd trimaran Ady Gil. The crew, four from New Zealand, one from Australia, and one from the Netherlands, were rescued by the crew of the Sea Shepherd ship Bob Barker. The Shonan Maru No. 2 claimed the Ady Gil was armed and leaking fuel into the Antarctic Ocean. SSCS claimed they removed all fuel and lubricants from the Ady Gil before it sank. The sinking was a $1.4 million loss for SSCS. In February 2010, anti-whaling captain and activist, Paul Bethune boarded the Shonan Maru No. 2, hoping to make a citizen’s arrest of its captain for allegedly ramming and sinking his ship; he is now being tried in Japan for a range of offenses. The Australian Maritime Safety Authority (AMSA) failed to find which party was to blame after the Japanese government refused to cooperate and video footage proved inconclusive. However, the Australian government has not ruled out taking legal action against the Japanese whalers. Assume that the International Court of Justice has been asked to provide an advisory opinion on this issue. Specifically, the ICJ has been asked to determine: whether the Australian government can take legal action against Japan; whether the Japanese ship violated any regulations under UNCLOS; and whether SSCS violated any regulations under UNCLOS. Disregard all actions or settlements to date and assume this is being decided in April 2010. I don’t want a “re-statement” of things that have occurred. Write an advisory opinion from the Court using the following format:
INTERNATIONAL COURT OF JUSTICE LEGAL CONSEQUENCES OF THE SHONAN MARU NO. 2-ADY GIL COLLISION ON THE HIGH SEAS ADVISORY OPINION OF (INSERT YOUR NAME HERE)
Applicable Law: (List applicable international law, specifically explaining what applies.) 3. The body should then proceed to the specific legal consequences, summarizing them, explaining them, and stating the reasoning behind the opinion. Diplomatic Agents Case Assignment (October 25) – (Portions of the following are taken from William R. Slomanson, Fundamental Perspectives on International Law, 5th edition, Thomson/Wadsworth Press, 2007, pp. 383-384.) Based on the following information, write a response to the questions below. The United States and the hypothetical developing world state, Big Blue Nation, entered into a 1953 Treaty of Friendship and Commerce. In a relevant treaty clause, the United States agreed that Big Blue Nation could nationalize American business interests. In return, Big Blue Nation was required to provide “reasonable compensation”, which was defined as “the fair market value of all nationalized assets”. Assume that the relationship between the two states has turned sour. Big Blue Nation nationalizes a major American corporation’s property but does not tender any compensation. Big Blue Nation resisted the United States’ claim of entitlement to compensation, arguing that a “fundamental change in circumstances precluded the continued viability of the 1953 Treaty.” Furthermore, Big Blue Nation suggests that the 1974 UN Declaration on the Establishment of a New International Economic Order necessitates termination of the compensation requirements. According to Big Blue Nation, the American corporation has exploited its natural resources and secured huge profits at the expense of Big Blue Nation. As a result, Big Blue Nation argues that its refusal to pay compensation is reasonable and as a sign of good faith, Big Blue Nation states that it will not seek reimbursement in an international forum, but will settle for the fair market value of the nationalized assets. Can Big Blue Nation terminate its treaty obligations? Does the United States have any remedies under international law? In particular, does the Vienna Convention on the Law of Treaties provide any remedies? Use of Force Case Assignment (November 3) – On May 31, 2010, Israeli commandos raided a Gaza-bound aid flotilla, sponsored in part by a Turkish organization, leaving nine, mostly Turkish citizens, dead, and holding the remaining aid workers captive (the aid workers mostly consisted of members of Free Gaza and the Turkish group Foundation for Human Rights and Freedoms and Humanitarian Relief). The six ships in the flotilla were travelling from Cyprus and were boarded in international waters. Commandos landed on the largest ship by descending on ropes from helicopters. They claim they were attacked by activists on board and opened fire. The activists, however, claim the commandos starting shooting as soon as they hit the ship’s deck. Video showed activists wielding baseball bats and other objects, including slingshots; Israel claims the activists used axes and knives in addition to firing shots from a gun taken by the soldiers. The flotilla was headed toward Gaza to deliver aid, breaking an Israeli blockade of the territory. According to the United Nations, Gaza was receiving one-quarter of the supplies it used to receive in the years before the blockade was tightened in 2007. The ships were carrying 10,000 tons of goods and the activists argued the illegality of the blockade under international law. The event prompted street protests in Turkey and a strong official reaction, with Turkey recalling its ambassador from Israel, summoning Israel’s ambassador and canceling planned joint military exercises. Israel claimed there were weapons on board the ship, justifying its attack, while Turkey claimed that the attack demonstrated that the “Israeli government has no desire for peace in [the] region. In addition, Turkey called the raid “inhumane state terrorism”. Further, the Turks described the attack as a violation of international law, calling the raid “tantamount to banditry and piracy” and “murder conducted by a state”. Israel claimed that under international maritime law, when a maritime blockade is in effect, no boats can enter the blockaded area. It added that any vessel violating or attempting to violate a blockade “may be captured or even attacked under international law”. Assume that the United Nations General Assembly has asked the ICJ to provide an advisory opinion on this issue that might provide guidance for future cases. The ICJ has been asked to determine: whether the Israeli raid violated international law; and whether any war crimes were committed in the execution of the raid. Disregard all other actions to date and assume this is being decided in early June 2010. I don’t want a “re-statement” of things that have occurred. Write an advisory opinion from the Court using the following format:
INTERNATIONAL COURT OF JUSTICE LEGAL CONSEQUENCES OF THE ISRAELI RAID ADVISORY OPINION OF (INSERT YOUR NAME HERE)
Applicable Law: (List applicable international law, specifically explaining what applies.) 3. The body should then proceed to the specific legal consequences, summarizing them, explaining them, and stating the reasoning behind the opinion. International Criminal Law Case Assignment (November 10) – In January 2009, United Nations Special Rapporteur on Torture Manfred Nowak claimed that there is enough evidence to prosecute former Secretary of Defense Donald Rumsfeld for his authorization of torture at U.S. detention centers in 2002. Assume that Rumsfeld is standing trial at the International Criminal Court for his alleged crimes. You are a lawyer for Rumsfeld’s defense team. Write a legal brief defending your client. 1. Begin with a header as follows: THE CASE OF DONALD RUMSFELD INTERNATIONAL CRIMINAL COURT 2. Provide a preliminary statement, identifying the main issues in the case and informing the court of the relief your client is requesting. 3. Briefly state the facts of the case. 4. Present your argument(s). This should be the most extensive part of your brief. 5. Briefly present the main counter-arguments, laying out your disagreement with them. 6. Conclude your brief by specifically stating what your client is asking the Court for. International Human Rights Law Case Assignment (November 17) – (Portions of the following are taken from: William R. Slomanson, Fundamental Perspectives on International Law, 5th edition, Thomson/Wadsworth Press, 2007, pp. 582-585; and the World Health Organization web site at – www.who.int/reproductivehealth/topics/fgm/en/.) Female Genital Mutilation (FGM) includes procedures that intentionally alter or injure female genital organs for non-medical reasons. An estimated 100-140 million girls and women worldwide are living with the consequences of FGM. Those consequences can include hemorrhaging, tetanus, infection, infertility, and death. It is mostly carried out on girls between infancy and age 15. In Africa, an estimated 92 million girls aged 10 and older have undergone FGM. The tradition of FGM dates from ancient Egypt. Many young women, mostly in Africa and the Middle East, are social outcasts if they do not endure this procedure, which has been associated with the retention of virginity and lack of physical sensation. In many countries, men will not marry women who have not undergone this procedure. While it appears that no religion specifically endorses it, some Muslim scholars have endorsed female circumcision as a “noble practice” honoring women. While not officially endorsed in any country, it is effectively condoned by many that have never taken any steps to curtail the practice. In the West, numerous women’s rights groups seek the global abolition of FGM. The procedure is outlawed in France, the United Kingdom, and the United States. The U.S. Criminal Code prohibits this procedure from being performed on any person who is under 18 years of age. And, in April 2004, the federal Ninth Circuit Court of Appeals was the first court to rule that women who have already undergone this procedure can claim asylum under the 1988 Torture Convention. Assume that a wealthy African family, the Ks, from country X vacations in the U.S. Mr. K is a ranking government official in country X. While Mr. K considers it inappropriate to attend one of his wife’s “procedures”, he agrees with the purpose of her work – as do most of the officials of country X. Mrs. K is a devout religious woman who has undergone FGM herself and performed it on her own daughters, as well as hundreds of ten- to twelve-year old girls in country X. This practice is a major part of her family tradition and she believes that it is her “God-given” duty to perpetuate her faith by performing this ritual. She believes that this is particularly important because adolescent behavior in other regions of the world subject young women to many adverse influences which debase her cultural and religious beliefs. During her vacation in New York City, Mrs. K is served with a lawsuit accusing her or torture in violation of international law, the Alien Tort Statute, and the Torture Victim Protection Act. The plaintiff is the mother of a young girl who underwent this procedure in country X. Although unusual, this particular child died of complications several very painful weeks after Mrs. K performed the procedure. You are either a lawyer for the plaintiff (last name A-G) or the defendant (last name H-S). Present a written brief to the Court on behalf of your client in the following format: 1. Begin with a header as follows: THE CASE OF MRS. K FEDERAL DISTRICT COURT 2. Provide a preliminary statement, identifying the main issues in the case and informing the court of the relief your client is requesting. 3. Briefly state the facts of the case. 4. Present your argument(s). This should be the most extensive part of your brief. 5. Briefly present the main counter-arguments, laying out your disagreement with them. 6. Conclude your brief by specifically stating what your client is asking the Court for. International Environment Law Case Assignment (November 24) – British Petroleum (BP) is an international oil and gas company that employs over 80,000 people and operates in over 100 countries worldwide. BP uses different technologies to find oil and gas under the earth’s surface thereby reaching deeper reservoirs of resources. On April 20, 2010, a BP offshore rig, known as Deepwater Horizon, was drilling in the Gulf of Mexico about 52 miles southeast of the Louisiana Port of Venice. According to the coast guard, 11-15 crew members were reported missing after the oil rig caught fire and exploded. On April 22, the oil rig sank into the sea leaving a plume of smoke spanning about 30 miles into the sky. When the rig sank, the untapped wellhead was gushing oil into the Gulf. By early May, about 1.6 million gallons of oil had spilled into the Gulf. Efforts to cease the spillage lasted weeks. Over 210,000 gallons of crude oil leaked into the Gulf daily, eliminating aquatic life and smothering the coastal wetlands of Louisiana and Mississippi. The Gulf of Mexico contains an intricate ecosystem which serves as a source of 40% of the seafood consumed in the United States. The Gulf also serves as a home for wildlife migrating between American and U.S. waters. The oyster reefs, sea birds, and other wildlife that occupy the area were seriously threatened. Birds turned up dead or enveloped in oil. Other marine life, such as sea turtles and fish, were being killed by toxic emulsions permeating into the sea. Assume the U.N. General Assembly, concerned about the environmental impact to the Gulf, has asked the International Court of Justice to issue an advisory opinion on whether BP, and its home government, the United Kingdom of Great Britain and Northern Ireland, have incurred any liability under international environmental law. Disregard all settlements to date and assume that this is being decided in May 2010. I don’t want a “re-statement” of things that have occurred. Write an advisory opinion from the Court using the following format:
INTERNATIONAL COURT OF JUSTICE LEGAL CONSEQUENCES OF THE EXPLOSION OF THE DEEPWATER HORIZON ADVISORY OPINION OF (INSERT YOUR NAME HERE)
Applicable Law: (List applicable international law, specifically explaining what applies.) 3. The body should then proceed to the specific legal consequences, summarizing them, explaining them, and stating the reasoning behind the opinion. International Economic Law Case Assignment (December 3) – Read Intellectual Property: Protection and Enforcement, Overview: The TRIPS Agreement, and the TRIPS Agreement. Assume the following: USMeds is a US multinational corporation holding the exclusive patent on a drug called CURAID, which retards any further development of HIV in HIV-positive persons. USMeds markets CURAID throughout the world. CURAID requires 21 weekly treatments for it to be effective. Each treatment costs importers in all countries $200; thus, the total wholesale cost per patient is $4,200. USMeds spent $5 billion in research and development costs, but is anticipated to yield total profits of about $10 billion during the life of the CURAID patient. That profit will be distributed to shareholders. USMeds is sold on the New York Stock Exchange and numerous investors will yield $10,000 each. The appearance of any generic substitute would ruin the value of CURAID and USMeds’s profits. Assume a hypothetical African country, Africana, is thinking about developing a generic pharmaceutical, based on USMeds’s patent ingredients in CURAID. This would make it possible for Africana to distribute a generic medicine quickly and cheaply to its population increasingly infected with HIV. The average annual salary in Africana, one of the world’s poorest countries, is $163. You are a legal advisor to the Africana government. You have been asked to present a report to the government offering your opinion on whether the government can proceed under international law. The report may be presented in whatever format you choose but it must include the following:
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