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Assignment Briefs 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:

Note:

Your coursework must be submitted via Dropbox before the deadline.

E-mails will not be accepted. All copies will be checked for plagiarism and/or collusion using appropriate detection software. Coursework will also be checked to ensure that the word limit has been complied with.

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

When completing this assessment, you must ensure that your answer complies with the Regulations of Nottingham Trent University and Nottingham Law School with regard to academic irregularities (see NTU Quality Handbook, Section 17C).

In no circumstances should an answer, or any part of an answer to this assessment, be agreed or shared with another person. This means that you should not share any drafts, notes or final scripts with another person. You should not present the work or words of another person as your own under any circumstances.

You are expected to use primary and secondary sources to inform your research, but the work you submit for assessment should be your own personal response to the assessment, expressed in your own words. Your work should not contain any work that has been copied from another source without appropriate referencing and citations. Quotation marks should be used when any work has been copied from another source, accompanied by an appropriate reference. All materials used in respect of this assessment should be cited in a bibliography – unless directed otherwise.

This is an assessment and special rules apply. If you are found to have breached the rules set out above, you may be brought before the School`s Academic Irregularities Panel (SAIP) accused of "cheating" in an assessment. If you are found to have cheated, you may be subject to severe penalties, including, but not limited to:

  • module capped at 0%;
  • level capped at pass; or
  • your exclusion from the course

Professional Bodies, such as the Solicitors Regulation Authority (SRA), will be informed of any academic irregularity found against you and this may cause further difficulties later in your career. If you are in any doubt about what is permitted, please speak with your tutor.

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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