Question 2 (10 marks) Edward, a citizen of Samoa who lives and owns two companies in...

Transcribed Image Text:

Question 2 (10 marks) Edward, a citizen of Samoa who lives and owns two companies in American Samoa, killed Lorenzo, a citizen of American Samoa, when a fight broke out between them over an alleged affair with Lorenzo's wife. The fight took place in American Samoa and he police there promptly arrested Edward and put him in jail pending trial. In collusion with the prison warden, Edward escaped and fled home to Samoa. The Samoan government, headed by Edward's uncle, decided not to prosecute him and despite repeated requests from American Samoa to extradite Edward, Samoa refused. in a spontaneous street demonstration in American Samoa, 5 Samoan citizens were injured and hospitalised. In a further bid to scare Samoa and to pressure it into surrendering the culprit, members of the American Samoan armed forces fired a few small rocket launchers across to Samoa, which hit targets in Samoa. But still Samoa refused to extradite its national. American Samoa then decided to nationalise the two companies owned by Edward. The Governor of American Samoa made an announcement on American Samoan and Samoan television stating that the nationalisation was necessary to enable American Samoan companies to develop their commercial activities in the areas of production in which the nationalised companies operated. He also said that the nationalisation was intended to send a strong message that American Samoa would not tolerate insults from Samoa. After six months of waiting without any action, American Samoa sent 10 members of its secret services into Samoa at night to abduct Edward. This action angered Samoa, which decided to commence proceedings before the International Court of Justice (ICJ) complaining of the violation of its territorial integrity by American Samoa. 1) Advise the State parties in relation to the jurisdictional issues and the proceedings before the ICJ. 2) Advise Edward whether he has any remedies available to him for the nationalisation of his two companies by American Samoa, independent of his other legal issues. Question 2 (10 marks) Edward, a citizen of Samoa who lives and owns two companies in American Samoa, killed Lorenzo, a citizen of American Samoa, when a fight broke out between them over an alleged affair with Lorenzo's wife. The fight took place in American Samoa and he police there promptly arrested Edward and put him in jail pending trial. In collusion with the prison warden, Edward escaped and fled home to Samoa. The Samoan government, headed by Edward's uncle, decided not to prosecute him and despite repeated requests from American Samoa to extradite Edward, Samoa refused. in a spontaneous street demonstration in American Samoa, 5 Samoan citizens were injured and hospitalised. In a further bid to scare Samoa and to pressure it into surrendering the culprit, members of the American Samoan armed forces fired a few small rocket launchers across to Samoa, which hit targets in Samoa. But still Samoa refused to extradite its national. American Samoa then decided to nationalise the two companies owned by Edward. The Governor of American Samoa made an announcement on American Samoan and Samoan television stating that the nationalisation was necessary to enable American Samoan companies to develop their commercial activities in the areas of production in which the nationalised companies operated. He also said that the nationalisation was intended to send a strong message that American Samoa would not tolerate insults from Samoa. After six months of waiting without any action, American Samoa sent 10 members of its secret services into Samoa at night to abduct Edward. This action angered Samoa, which decided to commence proceedings before the International Court of Justice (ICJ) complaining of the violation of its territorial integrity by American Samoa. 1) Advise the State parties in relation to the jurisdictional issues and the proceedings before the ICJ. 2) Advise Edward whether he has any remedies available to him for the nationalisation of his two companies by American Samoa, independent of his other legal issues.

Answer rating: 100% (QA)

1 Jurisdictional Issues and Proceedings before the ICJ The jurisdictional issues in this case are complex and multifaceted Firstly theres the question ... View the full answer