FINAL ASSESSMENT

PROGRAM BACHELOR IN BUSINESS ADMINISTRATION – BACHELOR IN HOSPITALITY

INTERNATIONAL LAW IN CONTEMPORARY SOCIETY
COURSE CODE LAW803
SEMESTER SUMMER 2024
ACADEMIC YEAR 2024
PROFESSOR YIOTA YEROLEMOU
STUDENT NAME
STUDENT FILE NUMBER
DUE DATE JULY 6, 2024
GRADING /60

Date JULY 6, 2024

Academic Coordinator’s Lecturer’s Signature
Signature

FINAL ASSESMENT (60 marks or 60% of total)

Please answer and try to express your viewpoint on the following 3 questions.
Your assignment:

1. Please refer and describe three (3) principles of International Human Rights Law. (20
marks)
### 1. Principles of International Human Rights Law

**Universality and Inalienability**

- **Description**: Human rights are universal and inalienable, meaning they apply to all people
equally, regardless of nationality, ethnicity, or status. This principle is founded on the belief that all
humans are entitled to their rights by virtue of being human. This concept was enshrined in the
Universal Declaration of Human Rights (UDHR) in 1948.
- **Example**: The right to life, liberty, and security of person is universally applicable and cannot be
forfeited or transferred.

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**Interdependence and Indivisibility**
- **Description**: Human rights are interdependent and indivisible, meaning the fulfillment of one
right often depends on the fulfillment of others. Economic, social, cultural, civil, and political rights
are interconnected and hold equal importance.
- **Example**: The right to education (an economic and social right) impacts the right to participate
in government (a civil and political right) because an educated populace is more capable of engaging in
governance.

**Equality and Non-Discrimination**

- **Description**: This principle holds that all individuals are entitled to their rights without
discrimination of any kind, including race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status. This is a cornerstone of international human
rights law.
- **Example**: Gender equality is fundamental, ensuring that men and women have the same rights
and opportunities across all sectors of society.

2. Please refer to three (3) means of dispute settlement and provide a deeper analysis on the
International Court of Justice regarding its composition, jurisdiction and the character of
its decisions. (20 marks)

### 2. Means of Dispute Settlement and the International Court of Justice (ICJ)

**Diplomatic Negotiation**
- **Description**: Diplomatic negotiation involves direct discussions between the parties involved in
a dispute to reach a mutually acceptable solution without involving third parties.
- **Example**: Bilateral negotiations between countries over territorial boundaries.

**Mediation**
- **Description**: Mediation involves a neutral third party who facilitates communication and offers
suggestions to help the disputing parties reach a voluntary agreement.
- **Example**: The role of a mediator in peace talks between warring factions.

**International Arbitration**
- **Description**: Arbitration involves a neutral third party or panel making a binding decision on a
dispute after considering the evidence and arguments presented by the parties.
- **Example**: The Permanent Court of Arbitration resolving disputes between states and
international entities.

#### The International Court of Justice (ICJ)

**Composition**
- **Description**: The ICJ is composed of 15 judges elected to nine-year terms by the United Nations
General Assembly and Security Council, voting independently. Judges must represent the main forms
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of civilization and principal legal systems of the world. No two judges can be from the same country.
- **Purpose**: This structure ensures a diverse and balanced representation of the world’s legal
traditions and cultures.

**Jurisdiction**
- **Description**: The ICJ has two types of jurisdiction: contentious and advisory. Contentious
jurisdiction involves cases between states that have consented to the court’s jurisdiction. Advisory
jurisdiction allows the ICJ to provide legal opinions on questions referred to it by UN bodies and
specialized agencies.
- **Example**: Contentious cases like the border dispute between Burkina Faso and Niger, and
advisory opinions such as the legal consequences of the construction of a wall in the occupied
Palestinian territory.

**Character of its Decisions**

- **Description**: ICJ decisions in contentious cases are binding on the parties involved and must be
complied with. Advisory opinions are non-binding but carry significant legal weight and moral
authority.
- **Example**: The binding decision in the case of Nicaragua v. United States (1986), where the ICJ
ruled that the US had violated international law by supporting contra guerrillas in Nicaragua.

3. State A invaded State B by using military force and occupied the 37% of its territory.
Furthermore, State A established an independent State C within the occupied territory of
State B.
State C, claim for its recognition by the UN and the international community.
Taking into account the Cases of Manchukuo and Cyprus, what the legal and political
basis of this case should be regarding the recognition of State C? (20 marks)

### 3. Recognition of State C in Light of the Cases of Manchukuo and Cyprus

**Legal and Political Basis**

**Case of Manchukuo**
- **Background**: Manchukuo was established in 1932 in Manchuria by Japan after its invasion of
China. It was not widely recognized by the international community, and the League of Nations
condemned it as a puppet state.
- **Legal Basis**: The establishment of Manchukuo was seen as a violation of the principle of non-
aggression and non-recognition of territorial acquisitions achieved by force.
- **Implication for State C**: The lack of recognition of Manchukuo suggests that statehood achieved
through illegal use of force and occupation is likely to be condemned and not recognized by the
international community.

**Case of Cyprus**
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- **Background**: In 1974, Turkey invaded Cyprus and occupied the northern part of the island, later
declaring the Turkish Republic of Northern Cyprus (TRNC). TRNC is only recognized by Turkey.
- **Legal Basis**: The UN Security Council has passed resolutions (e.g., Resolution 541) declaring
the TRNC’s declaration of independence legally invalid and calling for non-recognition by member
states.
- **Implication for State C**: Similar to the TRNC, the establishment of State C within occupied
territory without the consent of the sovereign state (State B) and through military force is likely to be
considered illegal and invalid under international law, leading to non-recognition by the UN and the
international community.

**Conclusion**
- **Assessment**: Based on the principles of international law and precedents like Manchukuo and
Cyprus, State C’s claim for recognition is weak. The use of force to alter territorial integrity and
establish a new state violates the UN Charter and customary international law. The international
community is likely to uphold the sovereignty and territorial integrity of State B, refusing to recognize
State C.

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Submission Guidelines
 Follow the Assignment Details below.
 Plagiarism under 20%.
 Use sources.
 INCLUDE THE FRONT COVER PAGE
 PLEASE SUBMIT A HARD COPY OF YOUR ASSIGNMENTS TO THE
SECRETARIES
 DUE DATE: JULY 6, 2024

Assignment Details:

 2-3 pages max.

 Double line spaced.
 Times New Roman and 12 Font Size.
 40% of the total grade.
 Rely on the slides uploaded, lecture notes and discussions, your experience, expertise, and
research to form your judgment.
 A word-processed essay and if applicable with referencing to sources and literature.
 You are free to quote directly or indirectly from any publication, provided that you give a
reference for the author or originator. In other words, if the research or the views you cite are not
your own, then you MUST acknowledge your source(s), in accordance with the Harvard style
whereby citations are made in the text by author and date, with a full alphabetical listing at the
end of the paper. If you fail to acknowledge your sources, you run the risk of being accused of
plagiarism, which is an academic offence.

Good Luck!!