Essay about Benir V. Alba

1155 Words Oct 3rd, 2007 5 Pages
Legal Opinion on the Benir v. Alba Case
(Benir)

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
…show more content…
Also, the distance and small size elements play a role in the Beniri's practice not have been made quite public. As to its endurance Benir has been governing Manca since 1714.
3. On the Title of Discovery, though it is regarded as an inchoate factor unless a peaceful and continuous display of sovereignty on the territory, an effective occupation or cession treaties followed, confirms the right to sovereignty. The Beniri government did discover the island by accident in 1714 and when they landed there, there was no sign of any other former sovereign power existing on the island, thus they do fulfill the condition for a title of discovery. Moreover, effective occupation and cession agreements did take place, as they settled there, establish a state control and agreed with the original inhabitants on the island. Their rule was permanent and existing.
4. And finally, the Conquest Sector where if one state invades another and defeats it in war, then the defeated state's territory shall be ceded in a treaty to the victorious party. However, the attack led by Alba on the Beniri government in the island had the outcome of a defeat for the Albanese side, hence; no removal of sovereignty should take place.
Concluding this sector of arguments, the laws and rules applicable in this case of dispute have been pointed out and thoroughly discussed, where the Beniri party proves to fulfill all conditions set to settle which party is good to acquire a title.

Related Documents