Cambridge BA: Sources, Subjects & Statehood Exam Paper

The Republic of Atlantica declared independence from Pacifica in 2019 following a violent civil war. Atlantica controls 80% of the former territory, including the capital and major ports, with an effective government led by President Serra. The remaining 20% is controlled by Pacifica's military, though international peacekeeping forces patrol the border. Atlantica has a population of 2 million, abundant natural resources, and has established diplomatic relations with 15 states, including major powers like the UK and Germany. However, Pacifica, supported by its ally Northland, refuses to recognise Atlantica's independence, claiming it remains a rebellious province. The African Union and several Latin American states have recognised Atlantica, but the EU remains divided. Atlantica has applied for UN membership, but Northland has threatened to use its Security Council veto. Recently, Atlantica signed a trade agreement with the UK, and President Serra was received at Buckingham Palace. Pacifica has protested these acts as violations of its sovereignty and territorial integrity. Meanwhile, Atlantica faces internal challenges from the minority Coral ethnic group, which comprises 15% of the population and seeks autonomy for their traditional homeland in the eastern provinces. Advise on Atlantica's status under international law and the legal implications of the UK's recognition and diplomatic engagement.

Meridia, a landlocked state in Central Asia, has been experiencing severe political instability since 2020. Following disputed elections, two rival governments emerged: the Constitutional Government led by President Kozlov, which controls the western regions including 60% of the population and major cities, and the Liberation Front headed by General Petrov, controlling eastern territories with significant oil reserves. Both claim to be Meridia's legitimate government. The UN, EU, and USA recognise Kozlov's government, while Russia and China support Petrov's administration. International airlines have suspended flights to Meridia due to safety concerns, and most diplomatic missions have temporarily relocated to neighbouring countries. In 2022, Kozlov's government signed a $2 billion infrastructure loan agreement with the World Bank, using Meridia's mineral rights as collateral. Petrov's administration has declared this agreement void and threatened to nationalise any projects undertaken. Meanwhile, Meridia had entered into a bilateral investment treaty (BIT) with Japan in 2018, before the crisis began. Several Japanese companies invested heavily in Meridia's telecommunications sector, but their assets in eastern regions have been seized by Petrov's forces, who claim these investments violated local laws and supported Kozlov's 'illegitimate regime'. The Japanese government has protested through diplomatic channels and Japanese investors are considering international arbitration under the BIT. Additionally, Meridia's embassy in London, appointed by Kozlov's government, has been selling government bonds to finance reconstruction efforts, while Petrov's representatives have established an unofficial trade office in Moscow. Analyse the legal issues arising from this situation of competing governments.

'The traditional doctrine of sources in international law, as codified in Article 38 of the ICJ Statute, fails to adequately reflect the reality of contemporary international legal development.' Critically evaluate this statement with reference to recent developments in international law-making.

'Recognition of states is a political act with legal consequences, not a legal duty.' Discuss this statement in light of the tension between the declaratory and constitutive theories of recognition, with particular reference to recent cases of contested statehood.