Chapter 2 Research Problems

CHAPTER 2

Part 4: Research Problems

Student Name: ________________________________

The following Research Problems are designed to help you implement the information contained in Parts 1 and 3 of this Chapter, and experience gained from completing the Reading Exercises in part 2.

1.

The Russian MIR space station (initially launched by the Soviet Union) is near disintegration and pieces are expected to begin falling to Earth in the near future. As early as 1967, the U.N. Committee on the Peaceful Uses of Outer Space was addressing the question of manmade objects launched into space falling back to Earth. In that year, the Committee’s Legal Subcommittee issued a report summarizing the Subcommittee’s work until that point. This Report was issued at the Sixth Session of the Subcommittee’s work. (a) Using both electronic and hard copy research techniques, find this Report issued by the Subcommittee. Give the correct formal citations to it. _____________________________________________________ (b) The Report, in its discussion of “Liability for Damage Caused by the Launching of Objects into Outer Space”, states that members have come to agreement on particular issues. Assume that the various points on which the Subcommittee members agreed have become legally effective. Assume that your car is hit by a piece of MIR (a pun if you understand Russian), and that the U.S. elects to espouse your claim against Russia. What is the latest date, after the occurrence of the accident or the identification of the party that is

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Chapter 2 Research Problems

liable, on which a claim may be presented? Give the exact citation for your answer. ______________________________________________________

2.

Each Halloween in the United States, internationally-minded children collect “trick or treat” contributions for UNICEF. Also, during the December holiday season throughout the world, many firms and individuals send holiday cards produced on behalf of, and promoting, UNICEF. Using both hard-copy or electronic research techniques, answer the following questions. (a) What did the acronym “UNICEF” originally stand for? ______________________________________________________ (b) Where is its headquarters? ______________________________________________________ (c) When did UNICEF adopt its most recent mission statement? ______________________________________________________ (d) Many of UNICEF’s resources come from private sources, such as the sale of greeting cards. What percentage of its revenue is attributable to non-governmental and private payments and contributions, including U.N. specialized agencies and other special sources? ______________________________________________________

3.

As a junior attorney employed by a corporate law firm, you have been assigned to work with a client that manufactures and sells lawn furniture. The client has previously only sold its products inside the United States, but is contemplating pursuing sales to buyers in Western Europe. You have been told that a U.N. body called “UNCITRAL” has adopted an international convention governing “contracts for the international sale of goods”. You wonder whether this convention could have legal applicability to your client’s planned sales.

Chapter 2 Research Problems

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(a) What does “UNCITRAL” stand for? ______________________________________________________ (b) What is the institutional objective for UNCITRAL? ______________________________________________________ (c) UNCITRAL was established by a resolution of the U.N. General Assembly. What is a complete citation to the resolution? ______________________________________________________ (d) What is the formal name for the convention regarding international sales of goods promulgated by UNCITRAL? Where and when was it ultimately executed? ______________________________________________________ ______________________________________________________

4.

The International Law Commission is an expert group involved in the development and codification of international law rules. Its members are elected for 5-year terms by the U.N. General Assembly. It creates draft documents intended to express suggested rules of international law that would be optimal if broadly adopted. The ILC is accordingly analogous to an international version of the U.S. American Law Institute, which drafts the “Restatements” of various areas of U.S. law. (a) How many members does the ILC have? ______________________________________________________ (b) Below are 3 international treaties that were originally based on ILC drafts. Through investigating the ILC using hard copy or electronic sources, determine in which city and in what year each treaty was executed. (i)

Convention on the Law of Treaties ___________ _____________

Chapter 2 Research Problems

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5.

(ii)

Convention on Diplomatic Relations ___________ _____________

(iii)

Convention on Succession of States in Respect of Treaties ___________ _____________

An organization chart of the “United Nations System” appears as an element of one of the websites maintained by the U.N. in connection with the activities of its organizations. Referring to this chart, which of the following entities are “Specialized Agencies” of the U.N., and which are not? What do the acronyms stand for? (a) UNHCR SA? ____________ _______________________ (b) IMF

6.

SA? ____________ _______________________

Now that you have located the organizations listed above on the U.N. Organization Chart, find and correctly cite the following documents or data by visiting their web sites: (a) The recent wars in Afghanistan and Iraq have endangered historical and archaeological sites. In May of 1954, a formal convention was signed under UNESCO auspices that would address the danger to cultural property in the event of armed conflict. Find this convention at the UNESCO website, and provide the formal name of the convention and the precise date of signature. ______________________________________________________ ______________________________________________________ Is the US a “High Contracting Party” that has ratified the convention? ___________

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(b) You are the corporate counsel for Kentucky Fried Chicken (now owned by Pepsico, Inc.) and you wish to find the International Patent Classification for the fryers like the one patented by Col. Sanders. Find this information at the WIPO site. _____________________________________________________ ______________________________________________________ (c) Locate and cite the 2002 UNCTAD report on the Least Developed Countries. How many countries have that classification according to UNCTAD? _____________________________ (d) According to the UNHCR, how many Afghans were repatriated in 2002? Cite to the appropriate document. ______________________________ (e) In 1996 the IMF developed an initiative to assist “Heavily Indebted Poor Countries”. Find the report describing this program and list three African countries that will be offered this debt reduction help. ______________________________________________________ ______________________________________________________ ______________________________________________________ (f) When and where was World Trade Organization established? ____________; ________________________________________ Cite to the most authoritative electronic source of your answer. ______________________________________________________ ______________________________________________________

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7.

Chapter 2 Research Problems

Prior to the U.S. invasion of Iraq on March 20, 2003, the International Atomic Energy Agency (IAEA) conducted inspections in Iraq to determine the status of Iraq’s nuclear program. The results of their inspection were reported to the Security Council in a series of documents, the most significant of which were the update report for the Security Council pursuant to Resolution 1441 dated January 27, 2003 and the “Work Programme of the International Atomic Energy Agency in Iraq pursuant to Security Council Resolution 1284” that was given to the Security Council on the day of the U.S. invasion. The Director General of the IAEA also orally reported to the Security Council on December 19, 2002 and January 9 and 27, 2003, February 14, 2003 and on March 7, 2003. (a) Find the update report of January 27, 2003. What is a correct citation to this report? ______________________________________________________ (b) What is the name of the current Director General of the IAEA? ______________________________________________________ (c) Find a transcript of his remarks on March 7, 2003 and give a correct citation. ______________________________________________________ (d) What was the conclusion made by the Director General on this date concerning Iraq’s nuclear capability? Quote and cite the pertinent language. ______________________________________________________ ______________________________________________________ ______________________________________________________