Legal Opinion on the Benir v. Alba Case
On the present case being addressed to the International Court of Justice in dealing with the matter of sovereignty over the Island of Manca, the issue of legality belonging to which side of the parties at dispute is put forward. The problem however, lies in, the period at which the dispute took place, for International law has not evolved at that time unlike in this day and age. The Statement of fact is as follows:
The Island of Manca, small in size and blessed by temperature vegetation, has been discovered by the Albanese State in 1560, when it was inhabited by a native tribe, the Mancans. The Albanese state put a flag, appointed a non-permanent governor and occasionally sent settlers there over the 16th & 17th century, it also sent occasionally a limited number of settlers during that period.
While the State of Benir discovered the island in 1714, when a naval vessel came by accident off course. The crew went ashore and planted its flag there and established some settlements. Later on, a permanent Berniri government was established. A sudden visit by an Albanese official took place, where he claimed sovereignty by Alba over the island; however, he was dismissed, when six months later an attack over the Beniri settlement was launched. The coalition with the tribesmen led the Beniri side to win and thus, establish a peaceful atmosphere on the island as the settlers intermarried with the tribesmen. As a result a territorial dispute between Alba and Benir came to place.
The Legal Issue:
The declaration on whether the State of Alba or State of Benir has good title to the Island of Manca is in question. The applicable laws in this case are:
In the case at hand certain laws should be considered, in order for the legality to take place and for the dispute to end. 1.
The conditions for a Terra Nullius or land that is not occupied nor claimed by any state, state that no inhabitants shall be found on this...
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