Explain your answers by referring to relevant law, legislation, cases and any otherlegal materials.
The Republic of Memphis (ROM) was established in 1968 and joined the United Nations the same year. It maintains diplomaticrelations with well over 100 other states including Australia.Around 90% of the population of ROM belong tothe ethnic Novidagroup. The remaining 10%(about 200,000) are members of the ROMethnicgroup with alanguage, religion, history and cultural tradition which distinguishesthem fromthe majority.When the ROMwas established, it createdthe Novida Autonomous Region (NAR)in thefar northern part of the ROM. The Novida ethnic group enjoy a large measure of internal self-government through itsown Regional Assembly.Almost all of the Novidalive in the NAR.
They make up the entire population in this region, with higherstandards of living, health care, civil rights and economic freedom than those ofthe ROM population. Something the NAR are very proud of.Since 1968, various agreements have beenentered into between ROMand the RegionalAssembly of NAR. While the region is considered a flash point by the international community due to military posturing between the two regions,relations have remainedcordial. One agreement in particular, provides for the freedom of movement between the two regions. NAR has challenged this ‘freemovement’ from the outset,claiming that there is no evidence that such apractice existed prior to 1968 and _ further claiming ‘freemovement’ is a threat to the NARway of life.In January 2012, the Regional Assembly of NAR met and by a large majority declared the region’s independence as a new state to be knownas Felice Novida. This declaration ofindependence expressly invoked ‘the Novida people’s right to self-determination’.The Regional Assembly also declared theborders of Felice Novida were to be the sameborders of the old NAR.
An interim President and Cabinet was elected.Widespread fighting erupted between Felice Novida proindependence militias and pro-ROMmilitias. For four years, bitterfighting ragedacross the ROM and NAR. During this time, it isnot clearwhether the ROM or the pro-independence Felice Novida forces haveasserted effective control over the NAR territory. Felice Novida subsequently claiming, they haveeffective control of the region.By 2016, 20 states had recognised FeliceNovida statehood.The Australian Foreign Minister announced that Australia was still considering whether torecognise Felice Novida. The _ Australian Government has received intel that the treatment of ROM civilians by Felice Novida forces civilians on the ground, may be_ breach international law.The United Nations has received an applicationfrom Felice Novida for membership. Felice Novida’s Foreign Minister has also written to Australia asking that it recognise’ FeliceNovida’s statehood and its government.(You may assume that Felice Novida isnot aparty to any treaties and that the only treaty that ROM is a party to is the UN Charter.)
The Australian Foreign Minister seeks your advice on this matter.What issues of international law arise from this scenario? (15 marks)
Last Completed Projects
| topic title | academic level | Writer | delivered |
|---|
