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04-08-2024
States A, B, C, D, and E negotiated a treaty on climate change action. The treaty provides, inter alia, for a maximum annual carbon emissions quota, minimum carbon pricing standards
Nottingham Trent University Nottingham Law School
Course name(s): LLB Law FT/SW & Law majors Module Code: LAW_36569
MODULE NAME: Public International Law
ASSESSED COURSEWORK 2023/24
SUBMISSION DEADLINE:
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MAXIMUM WORD LIMIT: 2,000 ASSESSMENT CRITERIA
The marking criteria will adhere to the Grade Based Marking Descriptors for Level 6 and as such marks will be awarded for the following:
Identification of legal and constitutional issues
Accuracy in relation to relevant legislation and case law
Clarity of explanation of relevant legal rules
Evaluation of legal rules and concepts
Presentation skills (including grammar and spelling)
Accuracy of referencing (footnote citations and bibliography) in accordance with OSCOLA
WARNING: Academic Integrity and Academic Irregularities
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module capped at 0%;
level capped at pass; or
your exclusion from the course
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Answer the following:
States A, B, C, D, and E negotiated a treaty on climate change action. The treaty provides, inter alia, for a maximum annual carbon emissions quota, minimum carbon pricing standards, minimum requirements for renewable energy use, and maximum penalties for non-compliance. Article 65 of the treaty provides that it will enter into force upon signature and ratification of at least 4 states. Article 60 specifies that no reservations are allowed against the minimum requirements for renewable energy use or against the maximum penalties for non-compliance.
States A, B, C, and E have signed and ratified the treaty. State F is keen to enter into this multilateral treaty but cannot guarantee that they will not exceed the annual maximum carbon emissions quota and, therefore, formulates a reservation to the effect that `efforts will be made to limit carbon emissions as far as economically feasible.` State E objects, stating that this undermines the spirit of the provision in question.
Under the climate change treaty, State B, a heavily industrialised country and major polluter agrees to provide carbon credit to State A, a low-income economy, in exchange for State A’s commitment not to exploit its oil reserves, as a measure aimed at reducing global carbon emissions. This provision is covered extensively in both the local and international press, with expert opinion suggesting that the funds allocated to State A will not be enough for the low-income state to meet its development objectives. A group of activists decides to organise a demonstration near the State A’s embassy in the capital of State C to put pressure on State A’s authorities to renounce the adoption of the said provision, arguing that it does not work in the interest of State A’s citizens. The demonstration starts out peacefully but escalates when State A’s embassy posts a tweet stating, `State A will not yield to any pressure,` and that `all protesters should go home.` One protester spray paints ‘corrupt government’ on the embassy`s front door, and protesters throw several objects at the embassy, one of which breaks a window. In retaliation, a security guard from State A within the embassy’s premises fires his pistol, fatally hitting a protester/sympathiser from State G outside the embassy. State C’s citizens mobilise in front of the Prime Minister’s office, requesting that the security guard who fired his weapon from within State A’s embassy be arrested and prosecuted before State C’s courts.
State G’s authorities learn of the demise of their citizen in State C. An ultimatum is passed requiring State C to grant access to State G’s police to enter the territory of State C to investigate the killing of their citizen. Furthermore, State G and State H sign a treaty to carry out coordinated armed attacks on State C, in case it fails to grant access as requested following the expiration of the said ultimatum.
Discuss all issues that arise in the scenario.
END OF QUESTION
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