Long Answer Question Example $($International Law$)$

The Republic of Veridonia is a self$-$proclaimed state that has unilaterally declared its

independence from a larger neighboring country, Cascadia. Veridonia's quest for recognition

as an independent sovereign state faces considerable international resistance due to

political complexities. Cascadia, along with many other countries, refuses to acknowledge

Veridonia's sovereignty, viewing its declaration of independence as a destabilizing act of

separatism that threatens regional harmony. Veridonia has not been granted membership

in the United Nations or the World Trade Organization.

Despite its lack of widespread recognition, Veridonia finds support from a number of

sympathetic nations, including neighboring Montania, which historically has had bad

relations with Cascadia. Montania and other nations favorable to Veridonia's cause enter

into a comprehensive treaty $("$Treaty$")$ with it$.$ The Treaty is designed to foster peaceful

relations, encourage trade, and facilitate diplomatic cooperation between Veridonia and the

other state parties. Key provisions in the Treaty pertain to trade liberalization, border

management, and human rights standards. The Treaty also provides for actions that may be

taken in the event that a party fails to implement Treaty obligations, including the imposition

of sanctions and dispute resolution before a tribunal consisting of three arbitrators who are

not citizens of any of the parties to the dispute.

The Treaty does not clearly specify whether the Treaty is self$-$executing. Most state parties

to the Treaty, including Montania, have enacted domestic legislation implementing the

Treaty.

Veridonia's constitution provides as below regarding international treaties:

Article X: International Treaties and Their Domestic Implementation

$($i$)$ No international treaty shall be binding on the Republic, or be denounced by the

Republic, without the prior approval of Parliament.

$($ii$)$ Any international treaty duly approved and ratified by the Republic shall become law

in the Republic when it is enacted into law by national legislation, and in such case,

shall prevail over Acts of Parliament.

Soon after the Treaty is ratified by Veridonia, a far$-$right political party that favors a

confrontational stance towards its neighbors wins both the Presidential and Parliamentary

elections by a landslide, amidst accusations of election fraud. The new administration

criticizes the Treaty as unfavorable to Veridonia's interests and as inviting foreign

intervention in domestic affairs. No formal action is taken to withdraw from the Treaty,

however. Meanwhile, although members of the opposing party sporadically submit bills

purporting to implement the Treaty, those bills are largely ignored by the ruling party.

Alena is a weaver and seller of wool and textile products who resides in Veridonia. She

sources most of the raw material for her products from Montania. She is angered and

frustrated by the government's restrictive trade policies, which she views as contributing to

high raw material costs that hurt her business. Learning from her friend $($who is a trade law

professor$)$ that Veridonia's current policies may be in violation of its trade liberalization

obligations under the Treaty, she files an administrative lawsuit in a Veridonian court against

the government, seeking to enforce Veridonia's Treaty$-$based legal obligations within the

domestic legal system. During this trial, Alena argues that the Treaty should be selfexecuting

and does not require additional implementing legislation.

Simultaneously, Montania and its allies advocate for international action against Veridonia

for its non$-$compliance with Treaty$-$based obligations. They call for measures such as sanctions, diplomatic isolation, and other punitive actions to pressure Veridonia into honoring

its international commitments, and move to bring a dispute before an arbitral tribunal formed

in accordance with the terms of the Treaty.

Question:

$(1)$ Is Alena likely to have a valid claim in Veridonia's domestic courts based on the Treaty?

$(2)$ Is Montania likely have a valid claim against Veridonia based on the Treaty?