Overview
Legal Memo Assignment
PS123A – International Law
Summer A 2024
Due Saturday, July 6th 11:59pm on Turnitin
Two points per day late penalty
15% of Course grade: Excellent – 15 Points, Satisfactory – 13, Unsatisfactory – 10-11, Unacceptable 0-9
The memo may not exceed 5 double-spaced pages in length. Doing so will count against one’s grade. Brevity and efficiency are core skills in legal writing.
Well-written memos could very well be under 4 pages.
The textbook (especially pages 372-380, with in-line citations to specific pages), the VCLT, and perhaps, the ICJ’s judgment on the case concerning the Gabcikovo-
Nagymaros Project (Hungary/Slovakia) will be critical to consider for the best memos.
No outside sources, no bibliography needed.
Dispute Overview
Participants:
Republic of Verdania: A developed nation with a robust monist legal system and a strong advocate for international law.
Kingdom of Laurania: A developing nation with rich natural resources, experiencing political instability and frequent changes in government, operating under a dualist legal system.
History of the Dispute
In 2018, the Republic of Verdania and the Kingdom of Laurania signed, and by 2020 had both ratified, the Verdania-Laurania Resource Sharing Treaty. The treaty aimed to regulate the exploitation of mineral resources in Laurania, ensuring that Verdania would assist Laurania in developing its mining sector in exchange for favorable access to these resources.
Key provisions of the treaty include:
Article 1: Verdania shall provide technological and financial assistance to Laurania for the exploration and exploitation of its mineral resources.
Article 2: In return, Laurania grants Verdania exclusive mining rights in designated areas for 25 years.
Article 3: Both parties commit to resolving disputes through diplomatic negotiations or, failing that, through arbitration under the Permanent Court of Arbitration (PCA).
Article 4: The treaty enters into force upon ratification by both parties and remains in effect until 2045, unless terminated by mutual agreement or significant breach.
In 2022, a coup in Laurania led to the establishment of a new government, which declared the Verdania-Laurania Resource Sharing Treaty invalid, claiming it was signed under coercion and that the change in government was a fundamental change of circumstances. In response, Verdania sought arbitration under the PCA, citing the treaty’s dispute resolution mechanism. The UN General Assembly passed a resolution in 2022 that political instability in Laurania presented a threat to international peace.
Verdania operates under a monist legal system where international treaties automatically become part of domestic law upon ratification. In contrast, Laurania operates under a dualist legal system, requiring domestic legislation to give effect to international treaties.
Assignment
Write a legal memo addressing the following issues:
Validity of the Treaty:
Analyze whether the Verdania-Laurania Resource Sharing Treaty is valid under international law, considering Laurania’s claim of coercion and fundamental change of circumstances.
Discuss the relevant provisions of the Vienna Convention on the Law of Treaties (VCLT) regarding the validity of treaties.
Dispute Resolution:
Evaluate the dispute resolution mechanism outlined in the treaty. Can Verdania legitimately seek arbitration under the PCA despite Laurania’s repudiation of the treaty?
Discuss the principles of pacta sunt servanda and rebus sic stantibus in the context of this dispute.
Sources of International Law:
Identify and analyze the sources of international law relevant to this conflict, including treaties, customary international law, and general principles of law.
Monist and Dualist Systems
Explain the differences between monist and dualist systems.
Analyze how these differences might affect treaty implementation and enforcement in Verdania and Laurania.
Structure of the Memo
Introduction:
Briefly outline the conflict and the key legal issues to be addressed.
Validity of the Treaty:
Analyze the treaty's validity under the VCLT, focusing on coercion (Article 52) and fundamental change of circumstances (Art. 62) concerns.
Dispute Resolution:
Evaluate the applicability of the dispute resolution mechanism and relevant general legal principles.
Sources of International Law:
Identify and apply the relevant sources of international law to the scenario.
Monist and Dualist Systems
Explain the differences between monist and dualist systems.
Analyze how these differences affect treaty implementation and enforcement in Verdania and Laurania.
Conclusion:
Briefly summarize the key points and provide a reasoned recommendation for resolving the conflict.