Cambridge BA: International Law Paper

Ruritania and Borduria are neighbouring states that share a major international river, the Vela, which flows from Ruritania into Borduria before emptying into the sea. Ruritania has recently constructed a large hydroelectric dam on the Vela, significantly reducing the river's flow into Borduria. As a result, Borduria's agricultural sector has suffered catastrophic losses, and several Bordurian villages have been left without adequate drinking water. Ruritania claims it has an absolute sovereign right to use the waters of the Vela within its own territory and denies any obligation to share the river's resources. Borduria has brought a claim against Ruritania before the International Court of Justice, arguing that Ruritania has violated both customary international law and the terms of a 1975 bilateral Treaty on the Shared Use of the Vela (which states that 'both parties shall use the river in an equitable and reasonable manner having regard to the needs of the other party'). Ruritania contends that the 1975 Treaty has been superseded by a 1990 agreement that makes no reference to shared use. Borduria disputes this interpretation. Advise Borduria on (i) the applicable rules of treaty interpretation, (ii) whether the 1975 Treaty remains in force, and (iii) Ruritania's obligations under customary international law regarding transboundary watercourses.

Arcadia is a UN Member State that has been experiencing a prolonged internal armed conflict between government forces and the Arcadian Liberation Front (ALF), a non-state armed group. Three months ago, Arcadian government forces conducted an aerial bombardment of the town of Mirova, killing 340 civilians and destroying a hospital clearly marked with the Red Cross emblem. An independent UN panel has concluded that the bombardment was indiscriminate and that no military objective was present in Mirova at the time of the attack. The ALF, for its part, has been systematically detaining civilians in secret facilities, subjecting them to torture, and executing captured government soldiers. The government of Thalvia, a neighbouring state, has intervened militarily in Arcadia at the invitation of the ALF, providing air support for ALF operations. Thalvia claims this constitutes lawful collective self-defence because the ALF has invited its assistance. Meanwhile, the Security Council has passed Resolution 2987, condemning the violence but taking no enforcement action under Chapter VII. Advise on: (i) the lawfulness of Thalvia's military intervention under the jus ad bellum; (ii) the international humanitarian law obligations of both the Arcadian government and the ALF; and (iii) whether any individuals may bear individual criminal responsibility for the events described.

Vandalia is a state that recently passed the Foreign Assets Protection Act (FAPA), which retrospectively nationalised all assets of foreign companies operating in the energy sector, without providing any compensation. Nordex AG, a company incorporated in Strelia, had significant oil extraction operations in Vandalia under a 30-year concession agreement signed with the Vandalian government in 2005. The concession agreement contained a stabilisation clause stating that 'no future legislation shall alter the rights conferred by this agreement', and an arbitration clause providing for ICSID arbitration. Strelia and Vandalia are both parties to a Bilateral Investment Treaty (BIT) signed in 2001, which provides that investments shall not be expropriated except for a public purpose, on a non-discriminatory basis, and on payment of prompt, adequate, and effective compensation (the 'Hull Formula'). Vandalia argues that FAPA was enacted in the exercise of its sovereign right to regulate the economy in the public interest, and that no compensation is payable because the nationalisation was a legitimate act of state. Nordex commences ICSID arbitration. Advise Nordex on: (i) whether the nationalisation constitutes unlawful expropriation under international law; (ii) the relevance of the stabilisation clause; and (iii) the standard of compensation applicable if expropriation is established.

Critically examine the doctrine of state immunity in international law, with particular reference to the distinction between acts jure imperii and acts jure gestionis. To what extent does the State Immunity Act 1978 reflect contemporary customary international law, and how have UK courts applied and developed the doctrine in cases involving allegations of serious international crimes?

Assess the contribution of the International Court of Justice to the development of customary international law. In particular, consider the extent to which ICJ decisions identifying customary norms are themselves a source of international law, and critically evaluate the methodology the Court employs in identifying state practice and opinio juris, with reference to the controversies generated by Nicaragua, North Sea Continental Shelf, and subsequent jurisprudence.