Question
As a small, landlocked state, Cascadia has long relied upon gaining access to the Atlantic Ocean via a small strip of land known as the
As a small, landlocked state, Cascadia has long relied upon gaining access to the Atlantic Ocean via a small strip of land known as the Kyra Desert. In the 19th century, both Cascadia and the Kyra Desert formed part of the Denizer Empire. In 1901, the Denizer Empire collapsed, resulting in the emergence of several new states in the region, including the United States of Denizer ('Denizer') and the Republic of Cascadia ('Cascadia'). The Kyra Desert formed part of the territory of Denizer. Following Cascadian independence, Cascadia's new President Juan Delgado arranged for Cascadia to be granted the right to build and maintain a highway through the Kyra Desert so that Cascadia could access the Atlantic Ocean. In granting Cascadia this access, Denizer's then President sent an official letter to President Delgado stating that: I recognise the right of all states in our region to live in peace, prosperity and security. May your perpetual access to the Atlantic Ocean bring Cascadia as a nation much wealth and success, and grant our region stability in the spirit of friendship and self-determination. For the next three decades, Cascadia built and maintained the Kyra Highway across the Kyra Desert, enabling Cascadia to develop a thriving export industry via access to Denizer ports along its Atlantic Ocean coastline. In 1931, following a regional conflict known as the War of Attrition (1927-31), Denizer ceded the Kyra Desert to the neighbouring Republic of Putho ('Putho') via the Kyra Treaty. The Kyra Treaty stated that Denizer ceded the Kyra Desert to Putho 'unconditionally and in perpetuity'. Annexed to the Kyra Treaty was a map of the Kyra Desert that included depicting the Kyra Highway, but made no mention of Cascadia's relationship to the Kyra Highway. Regardless, in the decades that followed, Putho authorities continued to grant Cascadian authorities and nationals access to the Atlantic Ocean, and now Putho ports, via the Kyra Highway, and Cascadian authorities continued to maintain the Kyra Highway. In early 2023, a leading Putho newspaper alleged that Cascadian authorities were covertly allowing and profiting off the trade in critically endangered animals along the Kyra Highway, in breach of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Images in the newspaper depicted animals being tortured and held in small cages. Following domestic outcry, Putho's Foreign Minister permanently suspended all travel along the Kyra Highway pending an investigation into the allegations. In addition, the Putho Parliament rushed through laws (referred to as the CITES Law) criminalising any unauthorised travel along the Kyra Highway. As a result, 20 Cascadian nationals, including a Cascadian diplomat, were arrested and detained pending trial in the following months and charged with offences under the CITES Law. Cascadia now argues that the denial of access to the Atlantic Ocean is impeding Cascadia's economic growth and its ability to promote sustainable development. As a result, Cascadia is threatening to cut off diplomatic relations with Putho, including entering the Putho Embassy in Cascadia in order to expel the Putho Ambassador to Cascadia. You are a legal advisor within the Putho Department of Foreign Affairs and Trade. Prepare a legal advice identifying all the legal issues, including assessing the lawful bases, if any, of the CITES Law and associated arrests under international law. Assume all states have ratified the 1969 Vienna Convention on the Law of Treaties (VCLT), the 1961 Vienna Convention on Diplomatic Relations (VCDR), and are members of the United Nationsm
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