Benir V. Alba

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 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 land who already have a determined political status or a social organization. However, since at the occurrence of this dispute did not take place at the time this law evolved it shall be disregarded, and even if it were to be taken into account, then Benir did not violate it as it made an equivalent agreement to the cession treaties with the tribesmen of Manca, through intermarriage and through the coalition they formed against the attacks of Alba. Also, no objection to the form of Berniri government took place. Thus, this fulfills the Self-determination of the Peoples condition and guarantees a peaceful atmosphere.

2. After clarifying the former point to the court, the second and most crucial element to shed light on is Territorial Acquisition. As demonstrated before in the Island of Palmas Case before, there must be evidence as to a peaceful and continuous display of sovereignty on the territory; it should also be a public and enduring practice. In the case of Benir, there is enough evidence to prove a peaceful and continuous display of its sovereignty existed and still does, it established state control, managed good relations with the natives (through intermarriage), as they coexisted peacefully, and it was willing to protect the rights of other states in peace and in war, as well as offer for the safeguarding of the rights of non-nationals residing in it, however this is an infrequent happening since the island is small in size. Thus, a peaceful atmosphere was provided for continuously by the Beniris, with only one exception at the time of the attack put forward by the Albanese side and later on the objection filed by them to the United Nations in 1945, almost three centuries later. 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