Arelia is a member of the United Nations and have ratified the United Nations Charter, as well as the Statute of the International Court of Justice. Tonya is an "entity" with a disputed status under International law for the past 50 years. In 2010 it was recognised status as observer within the United Nations. Tonyan people have lived in the region for over 2000 years. Its territory is surrounded by mountains and its boundaries are not yet fully established. Indeed, there is an ongoing dispute concerning a part of the territory with its neighbour, Arelia. Some parts of Tonya are scarcely populated and its government has not managed to appoint a Prime Minister for the past six months. Arelia has taken up this opportunity to control Tonya's borders and has limited access to food and basic goods of Tonya's population. Arelia claims sovereignty over a part of the territory of Tonya. This has created an increasing humanitarian crisis, and population has started to flee from Tonya.

Tonya has been asking for help to the international community. It has also announced that it wants to bring a case against Arelia before the International Court of Justice. The domestic courts of Tonya are also considering the actions of Arelia within its borders.  

1.         Can Tonya be considered a State? What aspects need to be assessed in this respect? Would the principle of self-determination be applicable to Tonya according to International law? Reason your answer

2.         Can the case be brought against Arelia to the International Court of Justice by Tonya? Can Arelia's responsibility be adjudicated under Tonyan domestic courts?

Answer rating: 100% (QA)

ANSWER 1 Statehood ... View the full answer