Question
Jameeca and Barbooda are two neighbouring states with close political ties. They recently entered into a Treaty of Friendship and Cooperation (the Treaty) which provides,
Jameeca and Barbooda are two neighbouring states with close political ties. They recently entered into a Treaty of Friendship and Cooperation (the Treaty) which provides, inter alia, for the construction of a major highway which will link the two states and facilitate the movement of people and goods across their borders. The costs of constructing and maintaining the highway are to be shared with each state taking responsibility for ensuring completion and maintenance of the highway within their territory. It is agreed within the Treaty that the highway work will commence on January 1, 2018 with the anticipated date of completion being July 31, 2018. On December 1, 2017, there is an explosive eruption of Mount Sou, an active volcano located in Jameeca. A significant portion of Jameeca is covered in volcanic ash. The explosion is completely unexpected as Mount Sou last erupted some 100 years ago and there is limited scientific ability in Jameeca to track Mount Sou's activity.
The areas surrounding Mount Sou are carpeted in heavy ashfall and there is significant destruction to property as well as dislocation of the population for several weeks due to the ash fall. Three months following the eruption, the Jameeca government has still not commenced construction of the highway. Barbooda, while initially sympathetic to Jameeca's plight, has become increasingly anxious for the construction project to start. They recently received an official communication from the Jamaeeca government indicating that the Mount Sou eruption had caused Jameeca to reconsider its national priorities and from in their estimation it was no longer in Jameeca'sinterests to proceed with the highway construction.
Instead, Jameeca would now be prioritising the reconstruction and redevelopment of the areas within Jameeca that were worst affected by the Mount Sou eruption as well as building scientific capacity to do seismic forecasts. Barbooda is furious at Jameeca's position and threatens to institute international legal proceedings and to enforce any judgement secured by attaching a sports and cultural centre located in Barbooda but owned by the Jameeca government. The sports and cultural centre was established to foster and deepen relations between Barbooda and Jameeca.
- What are the legal issues raised in this scenario regarding public international law?
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