1. The Hague Convention, a multilateral treaty to which the United States is a signatory, states that an occupying country may be liable to pay financial compensation if it fails to maintain public order during an occupation. On December 20, 1989, the armed forces of the United States invaded the nation of Panama, and "occupied, pacified and controlled" an area of its capital, Panama City. During the U.S. occupation the Panamanian Defense Force, the nation's police force, was effectively eliminated. A group of privately held Panamanian businesses sued the United States for taking inadequate precautions to prevent mobs from looting their commercial establishments. They claimed that the Hague Convention imposed a duty on the United States to provide protection for the residents of an occupied territory. The United States claimed that it was not liable to pay compensation in that the businesses had no right to recover damages under an international treaty which is not self-executing.
What is a self-executing treaty? Is the Court likely to rule in favor of the Panamanian businesses? Explain fully.
2. The nation of Camarastan begins to seriously worry about the issue of climate change on its territory and its population when its monsoon rains become less predictable and its total agricultural output begins to fall. As a result, its government begins to aggressively promote what it claims is a new principle of customary international law - sustainable development.
What are the elements that Camarastan would need to prove to show that this norm has, in fact, emerged into the international community?
What could be an alternative path forward for this nation, instead of customary international law?
3. In the Nicaragua case before the International Court of Justice (ICJ), Nicaragua that the United States had used force against Nicaragua in violation of international law. The United States claimed that the ICJ did not have jurisdiction over it because of the doctrine of reciprocity.
A. What is the meaning of "voluntary jurisdiction" as it applies to the ICJ.
B. What is the doctrine of reciprocity?
C. Did the United States have to comply with the ICJ's decision against it? Explain.
4. In 2003, troops of the United States and Great Britain invaded the nation of Iraq, and the Saddam Hussein government was overthrown. Shortly thereafter U.S.-supervised elections were held in Iraq, and the country adopted a new Constitution.
Prior to the US invasion, however, French companies had loaned billions of dollars to the Hussein government. France now wants the newly elected Iraqi government to repay this money.
A. What is the international law rule governing whether a new administration is responsible for contractual obligations?
B. Based on these facts, will the new Iraqi government be responsible for repaying the previous French loans? Explain fully.
5. You overhear a legal commentator say that "International law is not "real" law. What does she mean? What argument can you make to persuade her that she is mistaken?