INDIVIDUAL ASSIGNMENT Chapter

INDIVIDUAL ASSIGNMENT Chapters 1,2; due in week 3 Answer the questions below, typed, in proper English, with proper sentence structure. Submit your paper by email to the Assignment List in the Student Portal before the start of the week three class. There is no minimum word requirement; however, every response must be fully explained, be thorough, show critical thinking abilities, and show understanding of the legal and ethical issues in each scenario. Mr. Farmer is a national of the Banana Republic. Until the last revolution, he was living in very comfortable circumstances on a large plantation he owned employing hundreds of workers. Following the revolution, the new revolutionary government seized his plantation and he fled the country to avoid arrest. He is now an exile in a large northern country called Wealthia. He has brought suit in one of Wealthia’s courts against the Bank of the Banana Republic, which now has title to his plantation, to obtain compensation for the property taken from him. Wealthia has a law identical to the US Aliens Tort Claim Act that allows courts to assume jurisdiction in disputes between individuals and foreign countries when a violation of an international tort has been alleged. 1 You are the judge hearing the case and you are to decide the case and write an opinion describing the basis for your decision. Yuck Company was incorporated in the country of Xenia, but has its headquarters, operating plant, most of its employees, and most of its shareholders in the country of Yarma. In 2000, a small branch office of Yuck. in the country of Ziod hired an industrial spy, Mr. Oso Smoothe to obtain secrets from a large competitor in Ziod. The spy was successful. For more than a year he supplied the branch with the competitor’s most important industrial secrets, which the branch in turn passed on to Yuck. The competitor often did work for Ziod, and many of the secrets the spy uncovered related to Ziod’s national defense. Unfortunately, Oso was caught red-handed in 2001. He was arrested and convicted of espionage. In bargaining for a reduced sentence, he agreed to testify against the Yuck and its branch office’s manager. As a consequence, Ziod prosecuted both Yuck and its branch office’s manager for espionage. The manager was found guilty, fined, and sentenced to a prison term. Yuck did not hire a lawyer to represent it in court, and it did not appear to answer the charges against it. The court entered a default judgment and confiscated all of the assets of the branch as punishment. Yuck never appeared to appeal this decision to Ziod’s appellate courts. Subsequent efforts by Yuck to set up a new branch in Ziod were disallowed. Yuck has long fumed over the loss of its Ziod branch and the sentence handed down by the Ziod court. Finally, this year, it was able to persuade Xenia to bring a suit on its behalf before the International Court of Justice (ICJ). Both Xenia and Ziod have recognized the jurisdiction of the ICJ to resolve this dispute. Xenia alleges that Yuck was denied justice. 2 Are there any objections to the ICJ’s jurisdiction that Ziod may be able to raise?