Analyzing International and Cooperative Law: A Detailed Case Study

This case study delves into various scenarios within international and cooperative law, addressing territorial disputes, the use of force, and the principle of self-determination. The first scenario examines a territorial dispute between Galaxia and Twixia, emphasizing the role of treaty law and peaceful dispute resolution mechanisms under the UN Charter. The second scenario focuses on space law, self-defense, and nuclear research, questioning the legitimacy of protective measures in the absence of an actual attack. The final scenario discusses the right to self-determination and international legal personality, highlighting the responsibilities and privileges associated with legal status in the international arena. The analysis underscores the importance of peaceful dispute resolution and adherence to international law principles to maintain global stability. Desklib offers this and many other solved assignments to aid students in their studies.

Running head: INTERNATIONAL AND COOPERATIVE LAW
INTERNATIONAL AND COOPERATIVE LAW
Name of the Student
Name of the University
Author Note

1INTERNATIONAL AND COOPERATIVE LAW
Scenario 1
In the international arena the ownership of the territory is considered to be
essential due to the fact that such determines the sovereignty over the land and
provides a definition as to what constitutes as a state. It has been suggested by
Machiavelli that one of the most significant objectives of a state is to acquire a territory.
There are certain advantages of having a territory only if the borders of the territory are
clear as the boundaries in many states are subjected to various competing territorial
claims. These claims are segregated into nine categories, which includes treaties,
geography, economy, effective control, history, culture, elitism, uti possidetis and
ideology. The states are considered to be dependent on these nine categories in order
to justify the legal claims before the International Court of Justice for those territories1.
These would act as subsidiary means for the several determination of the various rules
of law. Among these categories the treaty claims are considered to be the easiest to
assert as the existence and prevalence of such treaty is easier to prove in the
customary international law. As per the discussion it can be understood that the ICJ
would determine the cases on territorial dispute claims by an expansive reading on the
treaty law and other documentation which would be reflecting the interstate agreement
as to the various boundaries. After such rule, the ICJ would shift to the other categories
in order to determine and resolve the respective disputes. From the present scenario, it
can be understood that the territorial dispute, which was taking place between Galaxia
and Twixia regarding the Flakia Island, could be resolved through expansive reading of
the treaty law between the two territories.
Disputes are considered to be indistinguishably related to the international
relations. These disputes are not just limited to states but it also includes various
international organizations along with other non-state actors. The Charter of the United
Nation plays a significant role in order to settle the international disputes through
peaceful means. It states that all the states who are considered to be members of the
UN would have to settle the disputes through peaceful means in such a method where
the international peace and security would not be hampered or endangered. The
1 Jeanpierre E, 'Alina Kaczorowska-Ireland, Public International Law' (2016) 50.

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international disputes are considered to be settled through certain amicable means or
through various extra-judicial modes of settlement which would be through negotiation,
mediation, conciliation or arbitration as it can be understood in the case of Qatar v.
Bahrain, [1994] ICJ Rep 112, ICGJ 812. From the present scenario, it has been
understood that peace is not possible to be established until and unless the states as
certain separate entities are not inclined towards settling or resolving their disputes. The
individual states should try to resolve their disputes through various amicable means
and peace would be impossible to maintain if the number of disputes increases as with
such increase the complexity would also arise3.
The Use of Force has been an age-old phenomenon in the international relations
and such is considered to be interrelated directly to the independence and autonomy of
the states where the states use limitless powers in order to guard and protect their
interests. In the UN Charter, it has been stated under Article 2(4)4 that all the members
are considered to abstain from any kind of threat or any use of force against any kind of
territorial integrity or on the other hand any governmental independence of any state
through any method, which would be inconsistent with the several purposes of the UN.
It can be understood from the case of The Republic of Nicaragua v. The United States
of America (1986) ICJ 15. Therefore, if there has been any kind of coercion or any use
of force in this present scenario, and such has been proved in the court of law then the
treaty governing the two territories, which are Galaxia and Twixia, would be null and
void.
Scenario 2
The Space Law is considered to be regulating and governing space-related
activities. These are considered to encompass both the rules and the principles of the
international as well as the domestic agreements. The parameters in the space law is
considered to include space exploration along with various accountability for damage,
use of weapons, conservation or protection of the environment, new technologies and
2 Qatar v. Bahrain, [1994] ICJ Rep 112, ICGJ 81.
3 Bederman D and others, 'The International Legal System: Cases And Materials' (2004) 98 The American Journal
of International Law.
4 United Nations Charter Art. 2(4).
5 The Republic of Nicaragua v. The United States of America (1986) ICJ 1.

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other ethics. There have been five international treaties which have been discussed and
drafted which includes the 1967 Treaty on Principles Governing the Activities of the
States which are in exploration and use of the Outer Space which would comprise of the
Moon and other celestial bodies which is known as the Outer Space Treaty6. The 1968
Agreement on the Rescue of Astronauts , the Return of Astronauts and the Return of
Objects Launched into the Outer Space which is considered to be the Rescue
Agreement7. The 1972 Convention on the International Liability for Damage caused by
the Space Objects which are the Liability Convention8. The 1975 Convention on the
Registration of Objects which are launched into the Outer Space Which are the
Registration Convention9 and lastly, the 1979 Agreement which would be governing the
activities of the several States on the Moon as well as other astronomic or celestial
bodies which would be considered as the Moon Treaty10. The Outer Space Treaty is
considered to be the treaty which is widely accepted and adopted. The five treaties
along with the agreements of the international space law is considered to cover the non-
appropriation of the outer space by any one of the countries along with the arms control
or freedom of exploration or for liability of damage which would be caused by the space
objects. It would also try to prevent the harmful interference with various space activities
along with the environment and try to prevent the exploitation of the natural resources in
the outer space and try to resolve and settle the disputes relating to such11.
Self-defense in the international law is considered to refer to the several inherent
rights, which are provided to a state in connection to the use of force, which is
considered to be an act of retaliation to some armed attack. This is considered to be
one of the exceptions in order to exclude and prevent the use of force which has been
mentioned under Article 2 (4) of the UN Charter along with the customary international
law. The concept of self-defense along with defense of others would be used as some
kind of defense to validate and justify a necessary along with proportionate use of force
against any kind of unlawful attack. Self-defense is considered to act as a right and not
6 Outer Space Treaty 1967.
7 Rescue Agreement 1968.
8 Liability Convention 1972.
9 Registration Convention 1975.
10 Moon Treaty 1979.
11Danilenko G, 'International Law-Making For Outer Space' (2016) 37 Space Policy.

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as any kind of obligation therefore, all the states are considered to be documented and
accepted as an authentic form of some armed self-help. It is available to the states
either individually or it is available collectively and therefore, such can be entreated by a
particular state or by two different states in a joint way under any kind of multilateral
arrangement12. The countries or the states should also try to settle the disputes
peacefully.
Self-determination in the global arena is considered to be the permissible and the
legal right of the persons to decide their own fortune in that of the international order.
The self-determination arises from the international customary law and documented as
the general principle of the law in various international treaties13.
It can be observed from the case of Legality of the Threat or Use of Nuclear
Weapons [1996] ICJ 214 states that no legal principles can prohibit any state or territory
from collecting or possessing nuclear weapons as long as they are in accordance with
the international humanitarian law and self-defense.
In this present scenario, it can be understood that, Galaxia had been acting in
accordance to self-defense. The Nuclear research in uranium, which was happening or
taking place in Twixia was considered to be peaceful and would also be beneficial as it
would help in the economic development of the country or the territory. The President
launched certain verbal attacks which insisted that the country would not back down
from its nuclear programme as Twixia was determined to defend and protect its
technological development and therefore, would resist any external efforts in order to
limit such right. Twixia was planning to use and place the rocket launchers, which were
short-distance hypersonic and placed such in the vicinity of the border with Galaxia.
This raised security concerns for Galaxia and therefore, in order to protect their country
Galaxia was intending on enforcing certain protective measures. However, this act
would not be an act of self-defense as Twixia had not caused any harm to Galaxia. Self-
defense would be considered to be an act which would be in response to an attack on
12 Brunnée Js Toope, 'Self-Defence Against Non-State Actors: Are Powerful States Willing But Unable To Change
International Law?' (2017) 67 International And Comparative Law Quarterly.
13 Williamson F, 'Glenn Clark, Judith Owens, And Greg T. Smith, Eds., City Limits: Perspectives On The Historical
European City' (2012) 42 European History Quarterly.
14 Legality of the Threat or Use of Nuclear Weapons [1996] ICJ 2.

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the security of the country or the state. Therefore, the protective measures which had
been used by Galaxia or were being intended to be used was not an act of self-defense
as Twixia had not caused any kind of injury or any harm to the country and therefore as
long as such did not happen the retaliation to such would not be considered to be an act
of self-defense. Furthermore, Twixia had the authority to possess nuclear weapons and
collect them as long as such was in compliance with the international humanitarian law
and principles of self-defense. The country tried to obtain the right of self determination
whereby the legal or the permissible right in order to decide their own fate would be
determined through this right. Therefore, the protective measures were intended on
being implemented to determine their own destiny in order to provide security from any
threat in the country. Galaxia and Twixia should try to settle their disputes peacefully
through arbitration, conciliation, mediation or negotiation as such would help them and
not cause any destruction.
Scenario 3
The right to the legal principle of self-determination in the international arena is
considered to be a fundamental principle where every state has the right and the
authority to freely choose the sovereignty along with their international political status
without any kind of interruptions. However, the principle does not state how such
decision is to be made by the state. Nevertheless, the term denotes the free choice of
an act made by some individual or a state without any kind of external compulsion. It
can be understood from the case of Reference Re Secession of Quebec, [1998] 2 SCR
21715.
International Legal personality is considered to be a significant facet of the
international law and such has been developed throughout the ancient time as means of
the international representation. There are various responsibilities and privileges
associated with the acquirement of the legal personality. The personality is considered
to be provided to the various non-governmental institutions, the international
organizations, corporations, states and the individuals. The international law is
considered to be the rules and the regulations which are made and implemented by the
15 Reference Re Secession of Quebec, [1998] 2 SCR 217.

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states on the basis of such law. The law is considered to govern or regulate various
states and the relationships of such state with one another. The states are considered
to be actors in the international law arena and therefore all the other entities are the
responsibilities and the liabilities of the international law. The entities which are
proficient and capable of being approved the personality and hence such would become
the subjects of the international law as they have the capacity and the capability to act
within that of the international arena. The entities have various legal powers and along
with such they also have the capacity to meritoriously implement their authorities or
powers along with the associations with the states on an everlasting basis. There are
several rights along with privileges that come with the acquiring of the international legal
personality that comprises of the right to enter into various treaties along with the right
to send and receive various legations. It also helps in bringing various international
claims in order to acquire or obtain the reparation of damages. These legal personalities
have the authority to enter into contracts and have the ability to incur or pay for taxes. In
order to obtain international legal personality there are various theories such as the
legal traditionalist approach where the international legal personality would be
considered to be transmitted from various states to the actors through certain legal
instrument and without such transfer an actor does not have any kind of standing. The
second theory would be the Factual Realist Approach, which outlines the worldwide
incorporation as a source of international legal personality rather than any other states.
The Dynamic State Approach is considered to fall between the two latter approaches
and this approach is considered to find the source or the basis of the personality for the
various actors that lies within the international treaties or the customs. Therefore, the
international legal personality is considered to be an essential facet of the international
law16.
In this present scenario, it can be understood that Yorkia was an enclave in
Galaxia, which was surrounded by Snickersland, and the latter wanted to claim the
territory. Yorkia had the freedom to choose their own sovereignty without any kind of
interruptions or interference. As it can be understood from the case of East Timor,
16 Nijman J, 'Non-State Actors And The International Rule Of Law: Revisiting The 'Realist Theory' Of International
Legal Personality' [2009] SSRN Electronic Journal.

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Portugal v Australia, Judgment, jurisdiction, ICJ GL No 84, [1995] ICJ Rep 90, ICGJ 86
(ICJ 1995)17. Yorkia would be the separate international legal personality and thus, it
would enjoy the rights and the privileges like they would be able to enter into various
treaties along with the right to immunity and send or receive certain legations. It would
also have the right to bring certain international claims in order to obtain any kind of
compensation or reimbursement for damages. Therefore, the sovereignty issue would
be decide among them through various treaties as it would have the power or the
authority to exercise such. Even if such is taken to the International Court of Justice the
rules which have been made for the states in the international arena would also
determine the relationships with them. Therefore, the relation with Yorkia would be
determined by the ICJ with Snickersland as well as Galaxia as such would be acting as
an international legal personality.
Scenario 4
The Charter of the United Nations is considered to act as the foundational treaty
for the United Nations intergovernmental organization. It has been articulated as a
commitment to uphold the various rights of the citizens and therefore, for such has
outlined a broad set of the principles which would be in relation to the achievement of
higher standards which would be addressing the fundamental freedoms for the
observance of the human rights. The most important purpose of the UN is considered to
maintain the international peace along with the security in order to take various effective
measures collectively so that they can inhibit or prohibit the threats to peace and be
involved in suppression of the acts of aggression or for any other violations for peace
through the conformity of the principles of justice and the international law. In addition to
such it also adjusts or settles the various international disputes or other situations and
circumstances, which would lead to the breach or violation of peace. Moreover, it also
aims to improve and formulate pleasant associations among the various nations on the
basis of respect for the norm of the equal rights and through the self-determination of
the individuals and also take certain measures which would be considered to be
appropriate to strengthen the universal peace. It also aims to achieve international
cooperation in solving the problems in the international arena on the basis of economic,
17 East Timor, Portugal v Australia, Judgment, jurisdiction, ICJ GL No 84, [1995] ICJ Rep 90, ICGJ 86 (ICJ 1995).

8INTERNATIONAL AND COOPERATIVE LAW
social, cultural or humanitarian character which would help in the promotion of human
rights and encourage the fundamental freedoms without any kind of distinction on the
basis of sex, language, race or religion. It would also aim to harmonize the actions of
the several nations for the attainment or obtainment of these common ends.
The Vienna Convention18 is considered to codify various bedrocks of the
contemporary international law it is an intercontinental and transnational agreement
which has been concluded between the states in written form and such are considered
to be regulated by the international law as all the states are considered to have the
capability as well as the capacity to conclude the treaties. As it can be understood from
the case of Avena and Other Mexican Nationals (Mexico v. United States of America),
Judgment, I.C.J. Reports 2004 (I)19.
The Outer Space Treaty is reflected to be binding on all the parties as they use
the outer space only for purposes which would be peaceful. Under the prescribed terms
and conditions of the treaty the parties are considered to be proscribed from placing
certain nuclear arms or some other weapons which would cause mass destruction in
the orbit or on the Moon or any other outer bodies of the space. The Moon Treaty is
considered to be a multi-lateral treaty which turns the jurisdiction for all the celestial
bodies that would include the orbits around those bodies over to that of the participant
countries. This treaty is not considered to be ratified by any of the state, which would
engage in any self-launched human spaceflight since its constitution, and therefore,
such has little or no relevancy to that of the international law. The primary and essential
objective of this Treaty would be to provide legal principles, which would be necessary
for regulating any kind of behavior of the states along with other worldwide
organizations, and the individuals who are considered to explore the astronomic or the
celestial bodies other than the Earth. The treaty had been ratified and enforced.
In the present scenario, it can be understood that, Galaxia had argued that it was
not a part to any treaties relating to the outer space whereas; Twixia on the other hand
had been part of such treaties. Under the UN Charter of the Human Rights the primary
objective is considered to uphold and preserve international peace and security in the
18 Vienna Convention 1969.
19 Avena and Other Mexican Nationals (Mexico v. United States of America), Judgment, I.C.J. Reports 2004 (I).

9INTERNATIONAL AND COOPERATIVE LAW
nation and it is also necessary to carry out any kind of activities relating to the Outer
Space to be peaceful and it should preserve and look after the environment and not
cause any kind of mass destruction by using weapons which would hamper the
peacefulness of the outer space through the activities of the different states. Therefore,
according to the UN Charter which Galaxia had been a part of had to consider and take
care of the peacefulness of the outer space even if the particular country was not
considered to be a part of any other Outer Space Treaty. In order to conform to the
principles of the international law Galaxia had to act in accordance with the treaty it had
ratified.

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Bibliography
Avena and Other Mexican Nationals (Mexico v. United States of America), Judgment,
I.C.J. Reports 2004 (I).
Bederman D and others, 'The International Legal System: Cases And Materials' (2004)
98 The American Journal of International Law.
Brunnée Js Toope, 'Self-Defence Against Non-State Actors: Are Powerful States Willing
But Unable To Change International Law?' (2017) 67 International And Comparative
Law Quarterly.
Danilenko G, 'International Law-Making For Outer Space' (2016) 37 Space Policy.
East Timor, Portugal v Australia, Judgment, jurisdiction, ICJ GL No 84, [1995] ICJ Rep
90, ICGJ 86 (ICJ 1995).
Jeanpierre E, 'Alina Kaczorowska-Ireland, Public International Law' (2016) 50.
Legality of the Threat or Use of Nuclear Weapons [1996] ICJ 2.
Liability Convention 1972.
Moon Treaty 1979.
Nijman J, 'Non-State Actors And The International Rule Of Law: Revisiting The 'Realist
Theory' Of International Legal Personality' [2009] SSRN Electronic Journal.
Outer Space Treaty 1967.
Qatar v. Bahrain, [1994] ICJ Rep 112, ICGJ 81.
Reference Re Secession of Quebec, [1998] 2 SCR 217.
Registration Convention 1975.
Rescue Agreement 1968.
The Republic of Nicaragua v. The United States of America (1986) ICJ 1.
United Nations Charter Art. 2(4).

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Vienna Convention 1969.
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Perspectives On The Historical European City' (2012) 42 European History Quarterly.
Worster W, 'Relative International Legal Personality Of Non-State Actors' [2015] SSRN
Electronic Journal.