Hypothetical question
LAWS8015, s1 2021: FINAL ONLINE TEST Due: 11.59 pm, 9 June 2021 Weighting: 40% Date for release of question: 9 am 7 June 2021 Deadline for student submission: 11.59 pm 9 June 2021, via Turnitin Word Limit: 2000 words. It is up to you how to divide the word limit across the two questions (but each hypothetical is worth 50% of the final mark, and marks will be evenly distributed across the questions). Both scenarios must be answered. NOTE: This is a timed assessment and no late submissions will be accepted. This assessment task is based on a universal design principle, and has incorporated reasonable accommodations. The rubric against which this assessment is marked is provided on iLearn. All answers should be appropriately supported with relevant material, and when discussing violations of international law, you are not expected to go beyond what has been covered across the unit, or what is directly provided within the questions themselves. Hypothetical Scenario One In 2030, an organisation in Greece emerges called GROUCH – (Greeks Reclaiming Our Universal Cultural Heritage). GROUCH is a paramilitary organisation committed to seeing the return of Greek cultural artefacts to Greece, with a particular interest in the Elgin Marbles contained within the British Museum. GROUCH is largely made up of former Greek military and includes some current high-ranking governmental officials. While GROUCH operates as an independent private body, the Greek Government does provide funds for GROUCH on an annual basis in support of its activities. The British Museum has long maintained that the Elgin Marbles were rescued by Lord Elgin, and that they were taken with the full permission of the Ottoman Empire, who had control of Greece during the period they were taken. The British government has also argued that the pieces are safest if kept within the Museum. In December of 2030, London is hit with a massive earthquake that caused no casualties but did significant structural damage to a number of buildings, including the British Museum. While no artefacts within the Museum were lost, the Museum’s systems were seriously compromised, including the systems regulating temperature to preserve artefacts in their original condition. It is estimated that it will take several years to completely restore all the Museum’s systems to peak functioning. The Greek government expresses public dismay at the potential risks the Elgin Marbles are facing, and makes an urgent demand that the UK government arrange immediate removal of the Marbles back to Greece. The UK ignores this demand. With the security systems also compromised, and in light of the Greek government’s concerns, GROUCH launches a raid on the Museum to recover the Elgin Marbles. They use helicopters to land on the roof of the museum and launch their heist, equipped with non-lethal weapons. The group is able to avoid detection by the security guards and the UK military that have been deployed to protect the Museum, and are able to peacefully enter and exit the Museum. GROUCH successfully extracts the Marbles, though during the operation they significantly damaged a display of Egyptian artefacts on loan to the Museum from Cairo. Greece celebrates the return of the Elgin Marbles to their traditional home in the Parthenon. The Greek Government expresses its public appreciation to GROUCH for rescuing the Elgin Marbles, and declares the members of GROUCH involved in the operation national heroes. The UK government however, is outraged. They accuse the Greek government of being responsible for the illegal use of force on their sovereign territory. They demand the immediate return of the Elgin Marbles to the UK and an apology for the violence and damage incurred. The Greek government disavows responsibility for the operation, but make it clear that the Elgin Marbles will be remaining in their original home in the Parthenon. The United Kingdom decides to take the matter to the International Court of Justice. Both the United Kingdom and Greece have accepted the compulsory jurisdiction of the Court and have deposited Optional Clause Declarations in accordance with Art 36(2) of the Statute of the International Court of Justice. However, in 2025, Greece amended their Optional Clause Declaration, adding the following exception: The Government of the Hellenic Republic recognises the jurisdiction of the Court for all matters, with the exception of matters that are of vital interest to the Greek people, and to any matters relating to the national security, political independence, or sovereign identity of the nation of Greece. You are an aide working within the office of the UK’s Foreign Secretary. You are asked to provide a legal memo to the Secretary, within 3 days, answering the following questions: 1) Can the Greek Government incur responsibility for the violent reclamation of the Elgin Marbles? What violations of international law might be claimed, and can they be attributed to the Greek Government? 2) If the Greek Government is found to be responsible for the actions of GROUCH, are there any legal grounds on which they can justify their behaviour? 3) Does that ICJ have jurisdiction to adjudicate this matter? Hypothetical Scenario Two The year is 2026. Coruscant is a wealthy seafaring nation whose primary industries are related to fishing and deep-sea mining. It shares borders with two neighbouring states, Tatooine and Endor. In 2024, Coruscant caused a massive environmental disaster in the Alderaan Ocean off its coastline, and while it made a public apology, has not provided any attempt to fix the damage caused, arguing that it was an accident, and that it held no responsibility for its actions. Lawsuits in relation to this disaster are still under way. Meanwhile, 2026 is an election year for Coruscant, and the PR nightmare of the disaster has meant that the current reigning government is facing a tight race with the local environmental party, the Verde Party. It is also facing security issues, as Interpol sent Coruscant, Endor, and Tatooine identical reports indicating that an organization listed on the UN Security Council’s Consolidated List as a terrorist entity was planning a terror attack on a national capital in the