Oxford BA: Sources & Statehood Exam Paper

The Republic of Atlantis, a small island nation, has been experiencing severe civil unrest for the past two years. The government controls only the capital city, whilst rebel forces control 70% of the territory. Last month, the rebels established the 'Democratic Republic of New Atlantis' with a provisional constitution and elected parliament. The original government has fled to neighbouring Pacifica, from where it continues to claim legitimacy and maintains embassies in major world capitals. The rebel government has opened diplomatic relations with three regional powers and controls all ports and airports. Meanwhile, the Atlantean Supreme Court, now operating from exile, has declared all rebel acts void. The African Union wishes to mediate but is uncertain which entity to engage with. A major oil company, ShellCorp, needs to know which authority can validly grant drilling licenses in Atlantean waters. Advise on the statehood and recognition issues arising.

Ruritania, an established state since 1892, recently enacted the Comprehensive Religious Freedom Act 2023, which its parliament claims codifies existing customary international law on religious liberty. The Act criminalises 'insulting religious symbols' with penalties up to 5 years imprisonment. Ruritania's courts have cited this Act in three cases: prosecuting a cartoonist for depicting religious figures, preventing demolition of a historic mosque, and requiring employers to accommodate prayer times. The European Court of Human Rights recently ruled against Ruritania, finding the Act violates Article 9 of the European Convention on Human Rights, but Ruritania's Constitutional Court responded that 'customary international law takes precedence over regional treaty obligations in our domestic legal order.' Meanwhile, the Ruritanian Ambassador to the UN delivered a speech stating that 'the persistent objector rule means Ruritania cannot be bound by any customary law of religious freedom that emerged after our 1995 Religious Minorities Protection Declaration.' Advise on the sources of international law issues arising, particularly regarding custom, treaties, and their interaction.

Critically evaluate the extent to which the declaratory theory of recognition provides an adequate framework for determining statehood in contemporary international law, with particular reference to recent practice regarding contested territories and de facto entities.

To what extent has the proliferation of international courts and tribunals since 1990 enhanced the coherence and effectiveness of international law as a legal system, particularly regarding the identification and application of customary international law?