6LAW1059-0905-2025 - Public International Law [Assignment 1 - Problem scenario]

Details

• This assignment counts for 50% of the overall module grade.
• The assignment question contains two parts, Part A and Part B, both relating to the fictitious scenario below. You must answer both parts. The answers to Part A and B will count, respectively, for 85% and 15% of this assignment’s grade.
• Your answer should be no longer than 8 pages in total. This includes 7 pages for Part A and 1 page for Part B. Your bibliography will not count in the page limit.
• The assignment itself must be submitted as a Word document in Arial font size 11 and in double line spacing.
• Submission deadline: 12 January 2026 at 12noon

Fictitious scenario

You have been requested to provide legal advice to the Government. Your role is to analyse and clarify the legal position of the two (fictitious) republics of 'Insula' and 'Terra Firma', as set out in the scenario below, to inform the Government’s policy ahead of an upcoming United Nations meeting. Importantly, you are not advising on political strategy itself, but solely on the legal position concerning the two (fictitious) Republics of 'Insula' and 'Terra Firma'.

Furthermore, your legal analysis shall be solely limited to legal topics studied in the first term of the course.

The Republic of Insula, a diminishing low-lying island nation, has long been a vibrant and sovereign state with a rich cultural heritage. For centuries, its people lived in harmony with the ocean, relying on fishing, farming, and eco-tourism. Over the past four decades, however, Insula has faced an existential threat due to rising sea levels and extreme weather. More than 75% of its original landmass has been lost to the Ocean or rendered uninhabitable, displacing more than half the population. With no higher ground or alternative territory, the Insulan Government declared a state of emergency and launched a programme to build artificial islands using floating platforms, seabed anchors, and modular eco-habitats. These now form the majority of Insula’s functional territory and house most of its population. The Government relocated its Parliament and judiciary to this new artificial territory.

The Government of a neighbouring state, Terra Firma, has challenged Insula's new territorial configuration, arguing that many of the artificial islands, some built in international waters, extend beyond Insula’s former territorial boundaries. Terra Firma officials also claim the islands disrupt marine ecosystems and local fishing grounds, potentially affecting their own coastal environment.

International critics have urged other states to formally recognise Insula’s new territory, citing humanitarian concerns, the risk of millions becoming stateless and Insula's need to access international funding for island construction. Other critics argue that the act of recognition would be futile, premature, or destabilising.

You have, furthermore, been requested to consider the following as part of your legal analysis:

Firstly, the International Court of Justice (ICJ) has recently been asked to issue an advisory opinion on “The Legal Implications of Climate-Induced Territorial Loss for the Self-Determination of Peoples.”  In light of this, government officials have asked you to clarify the possible relevance of a right to self-determination of the Insulan people in view of the disappearance of their natural landmass.

Secondly, complicating matters further, the state of Insula has long supported a network of defence militias patrolling the maritime area. These armed groups were originally formed to protect Insula's fishers from piracy and illegal trawlers . However, the Government of Terra Firma now complains that credible intelligence reports indicate some defence militias (armed and trained by Insula’s Ministry of Maritime Security) have engaged in violent skirmishes with Terra Firma’s own military forces and sought to destabilise its control over the coastal area. In the autumn, a Terra Firma vessel was sunk, resulting in the deaths of six sailors. At the UN General Assembly, Terra Firma representatives condemned these actions as “proxy warfare” and “armed attacks” attributable to Insula.

The following week, Terra Firma responded with air strikes on militia training camps located within Insula’s remaining natural territory, invoking the right of self-defence. The Insulan Government described the militias as "understandably disgruntled" local groups and condemned Terra Firma’s strikes as a clear violation of its sovereignty and a breach of Article 2(4) of the UN Charter.

PART A - Legal Analysis

Answer in no more than seven (7) pages.

Analyse the key legal issues arising from the scenario by providing legal arguments on how Public International Law principles and cases studied during this first term might apply.

You should structure your answer around several clearly identified legal issues, which you will express as questions, thus allowing for a nuanced legal analysis. Argue and justify your answer by referring to principles of Public International Law studied in this first term, explaining how they might apply to the scenario.

PART B- Connecting your answer to your learning journey: a self-reflection

Answer in no more than one (1) page

In Part B, you are required to show the learning steps you have taken to arrive at your answer and understanding. To this end, your answer could include specific references to the fictitious scenarios and/or other activities undertaken in seminars. For example, you could write,

         "Just as it was argued in seminar [xyz] in relation to [xyz], it is advisable in this scenario ..." Alternatively, you could write "An important difference is that..."

          Or for example "In analysing the scenario in seminar 7,  it became apparent that the principle of self defence [….], therefore it is contended that etc..."

In this way, your learning process would have been made explicit through your references to other fictitious scenarios and/or other class activities.

Use of AI tools

In this assessment you are expressly permitted to use AI tools in the creation of content for your work and also to proofread your work. (Option 1 in UH Guide on AI in assessment )

If you decide to resort to AI tool (you do not have to), you must cite it in your references , including the tool's name and the link(s) showing your engagement with AI. For further guidance on how to reference AI , see here

Clarification: if you decide to resort to AI tools , it will be for the purpose, and only to the extent that, it enhances the depth and quality of your engagement with research, and to assist with exploring or refining your ideas. AI must never be used as a shortcut or to delegate tasks compromising your ownership of the work. It is unacceptable to be unable to explain any element of your work, such as the choice of a case, on the account that it was determined by AI. You must remain the author throughout.