Law Homework Help

Case description:

The countries of the Dimetria region – the Republic of Aronia, Cetulia and the Federation of Moria, carried out joint military exercises in the Atenial Sea. Military exercises were carried out in the territorial seas and contiguous zones of all three countries. The Republic of Aronia handed over to Cetulia, which did not have an advanced naval fleet, two of its vessels (Poseidon and Hermes with its crew and command) at its disposal for the duration of joint exercises. Thanks to this, the armed forces of Cetulia had the opportunity to test their tactics and military strategies at sea. On the seventeenth day of training, two Maersk tankers were passing near Poseidon. For unknown reasons, the Poseidon took a different course and caused a collision with one of the passing tankers, “Maersk-U27”, and a significant amount of oil was spilled into the territorial sea of Moria. The collision took place in the territorial sea of the Federation of Moria. The investigation found that the captain of Poseidon (Army General of the Republic of Aronia) made incorrect calculations, and due to the fact that he could not communicate with the crew of the tanker at the last moment, he believed that by a sudden turn he would avoid the inevitable collision with that tanker. Ultimately, however, he caused a collision with the other one that was heading from the South.   

Questions:  

1. Explain, how do you understand the following terms: 
2. What does it mean that an act is attributable to the State under international law?  

1. Circumstances precluding wrongfulness. What are they? Explain each of them. 

1. In the abovementioned case: 
2. To which State the abovementioned oil spill incident will be attributable? 
3. Will a circumstance precluding wrongfulness apply? If yes, then which one and explain why? 

Instructions how to answer the questions in written:  

• Look through the so-called Articles on Responsibility of States: https://legal.un.org/ilc/texts/instruments/english… 
• You have to explain and provide justification for all of your answers, otherwise you will receive less points; 
• Read the presentation attached by dr Szarek-Zwijacz; 
• Cite/refer to particular articles from the abovementioned document