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International Law 341 Example Question

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International Law 341 Example Question

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March 7, 2021
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Part B: Long Question

Mark allocation: 50 marks [20+10+20]

Clearly mark your answers: a, b and c

Word limit: 1000 words

In the scenario that you will engage with this afternoon we have two neighbouring
African countries in the southernmost part of Africa: Nambia, to the north, a low-
income developing country struggling to get its economy going after decades of
dictatorial rule; and South West Africa (‘SWA’) to the South, a medium income nation,
with a growing economy. The border between Nambia and SWA is 967 kilometres
long. It runs along the Blue River, from its mouth on the Atlantic Ocean to the tripoint
with Conclavia (a neighbouring state in the East).

For the last 10 years the stream of immigrants from Nambia to SWA has steadily
increased. In June 2017 the number of immigrants illegally crossing the border peaked
when years of mismanagement and corruption brought the currency of Nambia, the
Nambian dollar, to levels of hyperinflation. The SWA Research Institute on
Immigration estimated that in 2017 alone, 56,000 Nambians crossed the border
illegally to settle in SWA.

During his re-election campaign, launched in November 2017, President K. West
strongly advocated for a wall to be built on the border between the SWA and Nambia.
The President’s proposition is that a wall would strengthen border security. President
K. West was furthermore quoted, in the biggest newspaper in SWA, the SWA Times,
saying that “an impenetrable wall would stop dangerous drugs and criminals from
pouring into our country”. In the same interview he declared that “we have to protect
ourselves from an illegal occupation of the Nambians, they are here to invade our state
and occupy our territory”.

Nambia has denied all claims of occupation and in a televised speech in January 2018
the President of Nambia, P. Diddy, stated that “we, as a nation, have no intention of
invading SWA and we encourage all nationals of Nambia to stay in Nambia,
alternatively to use the appropriate procedures to obtain the legal right to reside in
SWA”.
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