1. This exam has an allocated total value of thirty (30) points and constitutes thirty percent (30%) of your final grade in this course.
3. Your answers to each exercise shall be at least two (2) pages long - "letter" size (8-1/2 x 11); no individual answer shall exceed three (3) pages.
4. Write your answers in letter size (Font) twelve (12"), in single-spaced paragraphs.
5. Identify each answer provided, with the roman number assigned to the exercise to which each answer responds to.
I. On Monday, March 1st, 2021, the United Nations General Assembly unanimously adopted a Resolution requesting the International Court of Justice (ICJ) to provide with an Advisory Opinion on "... whether or not there is a customary rule that compels Nation-States to control or limit emissions from its territories, which increase atmospheric concentrations of greenhouse gases and therefore to global warming." You are Law Clerk Legal to the presiding Judge of the CIJ (Hon. Joan E. Donoghue [United States of America]) who has asked you to prepare a Memorandum containing
- a brief discussion on the ICJ’s authority to issue advisory opinions, - a thorough discussion of international treaties existing (regarding this issue), as well as resolutions adopted by the United Nations General Assembly on the subject, and any other declaration on the topic adopted by international organizations. Your boss emphasized that a detailed analysis of the objective and subjective elements to be scrutinized, must be included in your Memorandum, in order for the Court to provide an answer to the request submitted by the General Assembly. Your boss has also requested that you provide a recommendation for a potential conclusion to be adopted by the Court, in response to the request received.
II. The Presiding Judge of the ICJ (Hon. Joan E. Donoghue [United States of America]) has asked you to prepare the draft of a speech that he was asked to deliver at the Inter-American University, School of Law, on Tuesday, March 9, 2020. The speech must address, from a critical perspective, the doctrine of non-self-executing treaties and its intersections (or conflicts) with the Vienna Convention on the Law of Treaties. The speech must also address (from a comparative perspective) the similarities and differences existing between customary law and general principles of law, as sources of international law.
Rose07
PublicInter.LawMid-Term_MAR-2021.docx
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