can anyone help me identify the issues - public international law
States A and B have seen a rise in drug addiction and associated problems, such as an increase in crime, over the past few years. Research indicated that criminal organisations had developed new drug trafficking routes between both countries to ensure supply met demand. States A and B decided to work together to battle the problem and, to that end, signed a bilateral treaty in January 2014allowing each other, reciprocally, to use certain interrogation techniques against each other’s citizens to obtain information regarding these new drug trafficking routes and organisations.
In particular, the treaty provides that the states allow each other to use sleep deprivation as a means of pressuring state A or state B suspects, respectively, into giving information on any drug related activity in their territories. The treaty also provides that any relevant information obtained will be exchanged between the relevant state A and state B authorities so they can “work together effectively in combating organised crime, which could severely damage public health and threaten public safety”.
States A and B are not a party to any other international treaty regarding human rights, international cooperation against drug trafficking or organised crime or the treatment of foreign prisoners.
In October 2014 states C, D and E signed a multilateral treaty, open to any state, on the protection of human rights in their territories. The treaty provides, inter alia, for the prohibition of torture, the prohibition of slavery, fair trial rights, no punishment without law, freedom of speech and freedom of religion. It also provides that fair trial rights and freedom of speech and religion may be restricted in times of ‘public emergency’.
States C, D and E are not parties to any other treaties on human rights protection.
States A and B want to become parties to this multilateral treaty but they want to enter a reservation to the effect that any right protected in the treaty may be restricted in times of public emergency. State D strongly objects to this proposed reservation. States C and E do not object, nor accept the proposed reservation.
The region of East-Morti within the state of Mortiana is inhabited by several nomadic tribal communities, which have recently come together and held elections, electing one of the tribal leaders as the supreme leader of the ‘New Peoples Republic of East-Morti’. The supreme leader has, as of February 2014, claimed independence from Mortiana on behalf of East-Morti and is keen to enter into legal relations with other states. To emphasise that East-Morti aims to be a modern state, where human rights are taken seriously, the supreme leader wants to sign and ensure the ratification of the multilateral treaty on the protection of human rights on behalf of East-Morti.
Address all the international law issues raised.
I don't need anyone to do the work for me, but I can only identify the reservation clause issue ... does anyone have any idea what other issues have been raised???
In particular, the treaty provides that the states allow each other to use sleep deprivation as a means of pressuring state A or state B suspects, respectively, into giving information on any drug related activity in their territories. The treaty also provides that any relevant information obtained will be exchanged between the relevant state A and state B authorities so they can “work together effectively in combating organised crime, which could severely damage public health and threaten public safety”.
States A and B are not a party to any other international treaty regarding human rights, international cooperation against drug trafficking or organised crime or the treatment of foreign prisoners.
In October 2014 states C, D and E signed a multilateral treaty, open to any state, on the protection of human rights in their territories. The treaty provides, inter alia, for the prohibition of torture, the prohibition of slavery, fair trial rights, no punishment without law, freedom of speech and freedom of religion. It also provides that fair trial rights and freedom of speech and religion may be restricted in times of ‘public emergency’.
States C, D and E are not parties to any other treaties on human rights protection.
States A and B want to become parties to this multilateral treaty but they want to enter a reservation to the effect that any right protected in the treaty may be restricted in times of public emergency. State D strongly objects to this proposed reservation. States C and E do not object, nor accept the proposed reservation.
The region of East-Morti within the state of Mortiana is inhabited by several nomadic tribal communities, which have recently come together and held elections, electing one of the tribal leaders as the supreme leader of the ‘New Peoples Republic of East-Morti’. The supreme leader has, as of February 2014, claimed independence from Mortiana on behalf of East-Morti and is keen to enter into legal relations with other states. To emphasise that East-Morti aims to be a modern state, where human rights are taken seriously, the supreme leader wants to sign and ensure the ratification of the multilateral treaty on the protection of human rights on behalf of East-Morti.
Address all the international law issues raised.
I don't need anyone to do the work for me, but I can only identify the reservation clause issue ... does anyone have any idea what other issues have been raised???
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Original post by 12345193
States A and B have seen a rise in drug addiction and associated problems, such as an increase in crime, over the past few years. Research indicated that criminal organisations had developed new drug trafficking routes between both countries to ensure supply met demand. States A and B decided to work together to battle the problem and, to that end, signed a bilateral treaty in January 2014allowing each other, reciprocally, to use certain interrogation techniques against each other’s citizens to obtain information regarding these new drug trafficking routes and organisations.
In particular, the treaty provides that the states allow each other to use sleep deprivation as a means of pressuring state A or state B suspects, respectively, into giving information on any drug related activity in their territories. The treaty also provides that any relevant information obtained will be exchanged between the relevant state A and state B authorities so they can “work together effectively in combating organised crime, which could severely damage public health and threaten public safety”.
States A and B are not a party to any other international treaty regarding human rights, international cooperation against drug trafficking or organised crime or the treatment of foreign prisoners.
In October 2014 states C, D and E signed a multilateral treaty, open to any state, on the protection of human rights in their territories. The treaty provides, inter alia, for the prohibition of torture, the prohibition of slavery, fair trial rights, no punishment without law, freedom of speech and freedom of religion. It also provides that fair trial rights and freedom of speech and religion may be restricted in times of ‘public emergency’.
States C, D and E are not parties to any other treaties on human rights protection.
States A and B want to become parties to this multilateral treaty but they want to enter a reservation to the effect that any right protected in the treaty may be restricted in times of public emergency. State D strongly objects to this proposed reservation. States C and E do not object, nor accept the proposed reservation.
The region of East-Morti within the state of Mortiana is inhabited by several nomadic tribal communities, which have recently come together and held elections, electing one of the tribal leaders as the supreme leader of the ‘New Peoples Republic of East-Morti’. The supreme leader has, as of February 2014, claimed independence from Mortiana on behalf of East-Morti and is keen to enter into legal relations with other states. To emphasise that East-Morti aims to be a modern state, where human rights are taken seriously, the supreme leader wants to sign and ensure the ratification of the multilateral treaty on the protection of human rights on behalf of East-Morti.
Address all the international law issues raised.
I don't need anyone to do the work for me, but I can only identify the reservation clause issue ... does anyone have any idea what other issues have been raised???
In particular, the treaty provides that the states allow each other to use sleep deprivation as a means of pressuring state A or state B suspects, respectively, into giving information on any drug related activity in their territories. The treaty also provides that any relevant information obtained will be exchanged between the relevant state A and state B authorities so they can “work together effectively in combating organised crime, which could severely damage public health and threaten public safety”.
States A and B are not a party to any other international treaty regarding human rights, international cooperation against drug trafficking or organised crime or the treatment of foreign prisoners.
In October 2014 states C, D and E signed a multilateral treaty, open to any state, on the protection of human rights in their territories. The treaty provides, inter alia, for the prohibition of torture, the prohibition of slavery, fair trial rights, no punishment without law, freedom of speech and freedom of religion. It also provides that fair trial rights and freedom of speech and religion may be restricted in times of ‘public emergency’.
States C, D and E are not parties to any other treaties on human rights protection.
States A and B want to become parties to this multilateral treaty but they want to enter a reservation to the effect that any right protected in the treaty may be restricted in times of public emergency. State D strongly objects to this proposed reservation. States C and E do not object, nor accept the proposed reservation.
The region of East-Morti within the state of Mortiana is inhabited by several nomadic tribal communities, which have recently come together and held elections, electing one of the tribal leaders as the supreme leader of the ‘New Peoples Republic of East-Morti’. The supreme leader has, as of February 2014, claimed independence from Mortiana on behalf of East-Morti and is keen to enter into legal relations with other states. To emphasise that East-Morti aims to be a modern state, where human rights are taken seriously, the supreme leader wants to sign and ensure the ratification of the multilateral treaty on the protection of human rights on behalf of East-Morti.
Address all the international law issues raised.
I don't need anyone to do the work for me, but I can only identify the reservation clause issue ... does anyone have any idea what other issues have been raised???
I'm doing the same problem question and I'm having the same difficulties, especially with the third part of the question! Any luck so far? Hope you find enough info!
Original post by Georgi.N
I'm doing the same problem question and I'm having the same difficulties, especially with the third part of the question! Any luck so far? Hope you find enough info!
Hey for the first issue i've written about jus cogens norms and whether sleep deprivation amounts to torture
for the second issue i've written about reservations (not much though) just about how states A+B can't make reservations to the terms given in the scenario, but may be able to make reservations on the terms that haven't been given if they are compatible with the object and purpose of the treaty
I'm really struggling with the statehood and recognition one though ... what do you talk about for it
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