Goodland is an economically and militarily and politically very powerful country ruled by a military junta. It is, however, not a member of the United Nations.
Goodland is an economically and militarily and politically very powerful country ruled by a military junta. It is, however, not a member of the United Nations. It has not had a census since it was formed one hundred years ago. Conducting a census in Goodland is very difficult because its population is largely made up of cattle keepers who are constantly on the move.
Nevernia is a small, weaker, state lying along Goodland’s Southern border. It has existed for nearly two hundred years. In1897, it entered into the Treaty of Eunomia with fifty other states that existed at the time banning war and requiring states to never use force against each other for any reason whatsoever. At a session of the UN General Assembly (UNGA) held in New York, USA, in September 2022, representatives of 181 of the 195 states present claimed in their various statements to the UNGA session that the Treaty of Eunomia is now binding on all States in the world.
Goodland has fought a ten-year war with its neighbour, Nevernia, over control of a strip of mineral-rich land along their common border. Due to the mediation of “Peace Forever Worldwide” or PFW, an international NGO registered in Supernia (a superpower third country) Goodland and Nevernia agreed at three zoom meetings held in July 2021 to end their hostilities, never attack each other again, and resume negotiations. It was agreed that any dispute between the parties was to be settled in the first instance according to the laws of Supernia. Senior representatives of Goodland, Nevernia, Supernia, and PFW all spoke at length at all three zoom meetings, pledging to take every necessary step to uphold the agreement, which they styled “The Peace of Zoom.” However, in September 2022, following a change of government in Goodland, it repudiated The Peace of Zoom and attacked Neverland’s military forces in the dispute area. Nevernia, Supernia and PFW have each condemned these actions on Goodland’s part, arguing that The Peace of Zoom should be respected by Goodland.
Supernia and Nevernia have both ruled out suing Goodland for breach of the Peace of Zoom, preferring to form common military cause against Goodland to repel its attack and disable its ability to attack Nevernia. However, for its own part, PFW has filed a lawsuit against Goodland at an international court seeking to uphold The Peace of Zoom as binding on all parties to it, and for an order on Goodland to cease all armed hostilities in the disputed area and withdraw its military forces from there. PFW also intends to sue Goodland in the domestic courts of both Nevernia and Supernia.
What are the international legal issues raised by this fact pattern? Advise each of the parties as to their rights and responsibilities in international law.
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