International law moot Essay Example | Topics and Well Written Essays - 2000 words

International law moot - Essay Example With respect to Rocky, Ruritania might argue that pursuant to the maxim par in parem non habet jurisdictionem (no state has jurisdiction over another) applies in the case of Rocky who is the son of a diplomat.3 This maxim is reflected in 1963 Vienna Convention on Consular Relations to which both Ruritania and Utopia are parties and thus are equally bound. In particular Article 41 of the 1963 Vienna Convention provides that: Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.4 Rocky has not been implicated in any crime although there are suspicions that he might have attempted to commit a crime. Therefore the gravity of the crime cannot be established as no crime was committed, only the suspicion that a crime may have been contemplated. Therefore pursuant to Article 41(1) of the 1963 convention, Rocky’s arrest and detention pending trial is unlawful. ... It will also be argued that since, Rocky is a family member of an ambassador diplomatic immunity under the 1963 Convention applies to him.6 Utopia’s Response Utopia’s response will rely on the UN Declaration on Friendly Relations which effectively expands state responsibilities under the UN Charter. In this regard, the relevant part of the UN Declaration on Friendly Relations reads as follows: Every State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil strife or terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts, when the acts referred to in the present paragraph involve a threat or use of force.7 Utopia will therefore argue that Ruritania essentially sponsored or acquiesced in the terrorist activities of the FAI and in essence supported their activities allowing them to launch a terrorist attack on Utopia from Ruritania. In addition, U topia will rely on the exception to the general prohibition against war as found in Article 51 of the UN Charter. Article 51 provides as follows: Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.8