MID TERM EXAM-2 INTERNATIONAL LAW

Natalia Vargas

Maria Sandoval

Leidy Tirado

International Law

Laetitia Ruiz

September 29, 2022

Issue
The main concern of this case is whether the title of sovereignty over the Windscale Islands
belong to Rydal.

The Windscale Islands ("the Islands") are an archipelago lying in the Eden Ocean,
approximately 500 miles due west of the Republic of Aspatria and 7,500 miles from the
island. The Islands were first discovered in the late eighteenth century by Captain Geoffrey
Parrish, a commander under a Commission from the King of Rydal. They discovered a group
of remote islands not appearing on their charts. There were no signs of human habitation.
Before their ship departed, they left behind the flag of Rydal and a stone carved with a
declaration asserting the sovereignty of King Andrew of Rydal and his successors over the
Islands. Shortly afterwards, in 1778 the Viceroy of Aspatria sent Lieutenant Manuel Ricoy to
settle and claim the Islands on behalf of the King of Plumbland. They left in 1799 and did not
come back until 1818.

In 1813, a naval ship of Rydal, under the command of Admiral George Aikton, was wrecked
on one of the smaller islands in the archipelago. Admiral Aikton’s nautical charts indicated
the Islands belonged to Rydal. They settle on the island and by 1816, Admiral Aikton and his
men had explored most of the other islands in the archipelago. The men began to cultivate the
land and to domesticate a wild equine species native to the Islands. They discovered the
abandoned settlement of Salkeld, but there is no indication that anyone found the notice left
by Lieutenant Ricoy. Later, between 1880 and 1910, Aspatria experienced a serious political
and economic crisis which led to a series of coups d'état and countercoups. During this
period, Aspatria recalled all its ambassadors, lodged no complaints concerning the Islands,
and made no attempts to assert control over them.

By 1945 Rydal joined the United Nations as an original member. It designated the Islands a
non-self-governing territory and has fulfilled its obligations under article 73 of the Charter by
regularly transmitting reports on the Islands to the Secretary-General. Rydal has committed
itself to respecting the will of the peoples of its various territories. However, the Special
Committee began allowing a delegation from the Islands to make presentations at the
Committee’s meetings and they expressed their desire that the Islands remain a part of Rydal.

Rules

Occupation
Terra nullius is vacant land that belongs to no State. If the territory inhabited by peoples with
a social or political organization is not terra nullius.Terra nullius can be acquired by any State
which has the intention to claim sovereignty and occupies the territory by exercising effective
and continued control. Occupation is thus a peaceful means of acquiring territory. This can
be argumented over the fact that the first ones that had a population that comply with all these
criteria. To be considered population of that land and that the exercise of this was done by a
State.

Prescription

The Rydal sovereignty of theWindscale islands can also be argumented as being part of the
territory of Rydal through the prescription due that they acquire a territory that wasn’t terra
nullius and that was obtained by means that can't be stablished if they were patently illegal or
legal; due that in this case the claim over the sovereignty of the islands as part of their
territory have been done by the State of plumbland that used to have power over Apatria
,Rydal and then the independent state of Apatria.The conditions that are stablished to the
recognition of the obtaining of this territory have been the effective control of a State, and
that has been uninterrupted and uncontested for a long time, international law will accept that
reality in the aim of stability and certainty.

Effective Occupation

The meaning of this concept has been described as 'an intentional display of power and
authority over the territory, by the exercise of authority and State functions, on a continuous
and peaceful basis. In this case the establishment of this effective occupation is sustained by
the points 10 to the 14 and 31 to 34 of the case. Where we can exemplify the control over the
different institutions who watch over the domestic and foreign affairs of the islands.

Self-determination

It is mentioned in the case that the self determination of peoples can also be considered when
it comes to analyzing this case, it is not mentioned the existence of a discriminatory regime or
the desire of independence of the population of the Windscale islands; so, it can be presumed
that they feel comfortable with the government and laws that apply in their territory.

United Nations Charter, Chapter I: Purposes and Principles

Article 1.2
“States that one of the purposes of the United Nations is the following: To develop friendly
relations among nations based on respect for the principle of equal rights and self-
determination of peoples, and to take other appropriate measures to strengthen universal
peace.

Application

In this case we can evidence the sovereignty over the Windscale, the first fact to take into
consideration is that the Islands were first discovered in the late eighteenth century by
Captain Geoffrey Parrish, the commander of The Wansfell, which was on a voyage of
naturalist discovery under a Commission from the King of Rydal Also the settlement created
by the presence and then stay of the naval ship HMS Applethwaite that was Rydalian and that
created a settlement for four years without the complaint of the Plumbland government. The
queen Constance of Rydal sent a letter the 15 September of 1818 letting know the state of
Plumbland the sovereignty of Rydal over the islands.

In the process of independence, the heritage of the territories that were going to be passed
under the authority of Aspatria are not specified by the state of Plumbland and the topics
regarded the Treaty of Great Corby, suffer from annulment, observing that "it was signed by
the King of Plumbland after Aspatria had ceased to be subject to his rule. So, the territories
that were under the “control” of Aspatria lack of specification for their heritage in the
moment that that Aspatria is being declared independent.

Rydalian settlements grew in population and have effective control over the islands according
to the definition, Aspatria in that moment is under a non-serious political regime and does not
submit any complaints about the presence of Rydalian population in the islands, even
accepting with the time the control over the domestic and foreign affairs of the island as well
as the conditions to the entry to them. Finally, the territory of the Windscale island is under
the control of the state of Rydal according to the definition of prescription, as well as the utis
possidetis that can be argumented because Rydal was the first one to discover it and to have
serious settlements living and occupying the land of this islands.

It is quite important to mention the principle of self-determination of the people, each people
decide its type of government or independence, and Rydal always made it truly clear that it
respected the will of the people before the U.N. Special Committee. Thus, after the creation
of this Committee in 1945, the first discussion was held where the Prime Minister made clear
his position regarding the population located in the islands. In which he also mentioned that if
the population decided to be part of Rydal, such decision should be respected. In 1980, a
delegation to the islands was allowed to sit on the United Nations committee, and these
delegations made noticeably clear their interest in remaining part of Rydal's territory, thus
showing the will of the population within the islands.

Conclusion

Based on the before mentioned concepts and rules of effective occupation and self-
determination, and to answer the issue that was raised, it is concluded that the title of
sovereignty over the Windscale Islands belongs entirely to Rydal. This country from the
beginning of colonization demonstrated its strong control over the territory successfully, so it
would not be wise to think about taking away the sovereignty of the islands. It is also especially
important to consider, as mentioned before, the right of the people to decide their future and it
is for these reasons that our argument validates the conclusion.

References

• On effectivités, see Shaw, pp. 511–15; and Nicaragua v. Honduras, ICJ Reports
(2007), p. 1, paras. 168–208; ILM (2007) 1053.
• Western Sahara, Advisory Opinion, ICJ Reports (1975), p. 12, paras. 75–83; 59 ILR
14.
• United Nations. (1945). Charter of the United Nations and Statute of the International
Court of Justice. New York: United Nations, Office of Public Information.