Question
The island of Manaro is located at the far eastern side of the State of Mataus. The island of Manaro has no permanent population, but
The island of Manaro is located at the far eastern side of the State of Mataus. The island of Manaro has no permanent population, but is the site to a small lighthouse built by Mataus Navy in 1910 and was sporadically serviced by them over the next four decades. The island of Manaro is shown in the Mataus official maps, but for no apparent reasons, is completely missing from most of the large scale and international maps. Over the years, people of the eastern part of Mataus would often go and reside on the island of Manaro for up to one month for fishing purposes.
The neighbouring State of Gaua is located less than 11 nautical miles from the island of Manaro. Due to its proximity, the island of Manaro has always been considered by the State of Gaua as part of its territory and the island is also shown in Gaua official maps.
The lighthouse breaks down in 1950. The Gaua Navy notifies the Mataus Foreign Affairs Minister of their intention to repair and expand it. No official response is received from the State of Mataus. Gaua Navy then decides to repair and substantially expand the lighthouse, which was subsequently and sporadically serviced by them over three decades without opposition from the State of Mataus or from any other third party. During this period, Gaua Navy has also prevented the people of the southern part of Mataus to go on, and fish around the island of Manaro.
In 1981, scientists discover and report that there are significant mineral resources on Manaro islands. The Gaua authorities welcome the report, note that the island of Manaro has been part of their territory since 1950 and indicate their intention to immediately exploit the mineral resources. The State of Mataus objects to Gaua's territorial claim stating that the island of Manaro has been, and remains, part of its sovereign territory and therefore Gaua has no right to exploit the mineral resources.
1) As an international lawyer, you have been asked to identify and explain all relevant legal arguments for both of the States in their claims to title over the island of Manaro (6 marks).
2) With the aid of relevant case law, advise on which of the two States has the better claim to title over the island of Manaro under international law and why (4 marks)
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