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PDF аnd Text оf Midterm Questiоn PDF оf Midterm Question (will open in а new window) /content/enforced/172678-MAN.73766.202710-LWPA-585/LWPA585-01-IntlLаw-Petersen-Mid-Questions.pdf (Question text pasted below) WILLIAM S. RICHARDSON SCHOOL OF LAW LWPA 585 (Section 1): International Law (Fall 2026) Hypothetical Dispute and Questions for Midterm Professor Carole J. Petersen The Instructions and Background Facts (through June 30, 2026) were distributed in advance by Professor Petersen (via email). This document provides the Hypothetical Dispute (the facts since July 1, 2026) and the Questions that you need to answer in your memo. To keep the grading anonymous, do not put your name on your memo. Before you begin, type your confidential exam number at the top of the text box. Leave a space between your exam number and the beginning of your response. Hypothetical Dispute (facts since July 1, 2026) In July of 2026, a major hurricane hit both Eva and Wata. Eva’s resorts were damaged and closed for renovations. The resorts informed their employees that they could continue to be employed but would have to shift to construction work, to help to repair the resorts. Most of the Wata citizens who had been working for Eva’s resorts declined this offer and quit their jobs. Under Eva’s immigration laws, when a foreign worker quits his job, the work visa that was issued to that worker automatically becomes invalid. Eva’s government was so overwhelmed with the paperwork involved in invalidating these visas that it failed to provide Wata with a monthly report on active worker visas for July of 2026. However, the report for August of 2026 showed that only 1,000 Wata workers still had active work visas. During the hurricane, a large percentage of Wata’s solar panels blew away and were destroyed (partly because the installers had not used enough bolts to attach the panels to the roofs). As a result, Wata began experiencing frequent power outages. On October 1, 2026, Wata’s government announced that it would re-start all of its coal-fired power plants as soon as possible. On that same day, Eva’s government received the following Diplomatic Note from Wata’s government: The Government of Wata respectfully refers the Government of Eva to the document entitled “Memorandum of Cooperation” (MOC) and hereby notifies Eva that Wata does not consider itself bound by the MOC for the following reasons: The MOC is invalid because Wata’s consent was based on fraud and errors regarding the durability of solar panels. In the alternative, Wata hereby notifies Eva of its intent to immediately terminate the MOC, on the ground that a fundamental change of circumstances has deprived Wata of the expected economic benefits of MOF. In the alternative, Wata hereby notifies Eva of its intent to immediately terminate the MOC because Eva committed a material breach of the MOC by failing to provide a report on the number of active work visas for July of 2026. In the alternative, Wata hereby notifies Eva that it will exercise its right to terminate MOC one year from today, on October 1, 2027. The government of Eva responded, on October 2, 2026, by issuing the following press release (a copy of which was also delivered to Wata’s embassy): Eva does not consent to Wata’s request to invalidate or terminate the MOC and calls upon Wata to fully comply with its treaty obligations. Eva will not hesitate to commence litigation in the International Court of Justice if Wata fails to comply with the MOC. When Wata’s government did not respond, the President of Eva assembled a team of government lawyers (including you) to evaluate the situation. You have been asked to write a memo advising the President of Eva on the following questions: In the event that Wata fails to comply with the MOC, is the MOC a valid treaty that Eva could enforce through litigation in the International Court of Justice? Explain your answer, bearing in mind the objection to validity raised by Wata in its Diplomatic Note of October 1, 2026. Does Wata have a right to terminate the MOC (either immediately or on October 1, 2027)? Explain your answer, bearing in mind the assertions in Wata’s Diplomatic Note of October 1, 2026. NOTE: You need not provide advice to the President of Eva on other issues that might come up in litigation at the ICJ, such as possible remedies. The President is a lawyer but not an expert in international law. Therefore, throughout your memo, you should explain the relevant rules of international law and cite the relevant sources (including case law, even if it is only persuasive authority).
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