Question
In 1905, the twin islands of the Republic of Pacifica gained independence from the Republic of Dyland. Mataso and Tisikia are the two islands that
In 1905, the twin islands of the Republic of Pacifica gained independence from the Republic of Dyland. Mataso and Tisikia are the two islands that make up Pacifica. Mataso has a population of over 5 million inhabitants while Tisikia has about 10,000 inhabitants, all from the tribe of Tisikios. For years the Tisikia inhabitants fought for their independence from Mataso. In 2010 the Tisikios became the independent state of Tunikia while Mataso became the new single island state of Pacifica.
Due to severe weather and as a result of sea level rise and climate change in 2011, the island of Tisikia became permanently submerged below the sea. The Tisikios people fled to the state of Pacifica for protection and were welcomed at first. However, months later there were widespread reports of human rights violations and state sponsored terrorism targeting the Tisikios people in Pacifica.
In June 2012 the government representatives of Tisikia entered into a treaty to cede new territory from the Republic of Dyland to establish a new permanent homeland. Outraged by these new developments, the government of Pacifica arrested all the Tisikia migrants and alleged that they are guilty of treason and other crimes.
The United Nations General Assembly (UNGA) registered their concern about the situation. In October 2012 the UNGA passed a Declaration that the people of Tisikios have the right to self-determination and that Pacifica needs to respect the human rights of the Tisikios people. A large portion of the international community supported the UNGA Declaration.
In response to the criticisms, in November 2012 the Pacifica Ambassador to the UN proclaimed at a General Assembly session that:
'This Assembly needs to be clear that Tisikia has lost all of its territory and accordingly is no longer a State. Its right to participate as a member of the United Nations and to have its interests considered here has been extinguished. Pacifica has no obligations under international law to recognize Tisikia as a State.'
Advise the Tisikia representatives on:
a) whether they qualify as a State under international law
b) the legal effect of recognition by other members of the international community.
Step by Step Solution
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Step: 1
a Whether the representatives of Tisikia qualify as a State under international law depends on several factors According to traditional criteria established by the Montevideo Convention on the Rights ...Get Instant Access to Expert-Tailored Solutions
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Step: 2
Step: 3
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