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A case study on the international law issues surrounding tarterstan's declaration of independence from moscow in 1991 and its application for un membership. Background information on count otto von bismarck's diplomatic maneuvers in the late 19th century, tarterstan's referendum and independence declaration, and the legal implications of its un membership application. Additionally, there is a separate question regarding sex discrimination claims against the saudi arabian embassy and opec in the united states.
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Sultan
International Law Fall 1991
Back in the second half of the last century, "The Iron Chancellor" of Prussia, Count Otto von Bismark, commented to the Russian Czar that Russia can only find troubles and disappointments in Europe. Desiring freedom from pressures from the east while he unified Germany under the Prussian crown, Bismark's diplomatic acumen proved once again to be most astute: the Czar began a successful military campaign in the south and southeast that led to the eventual conquest of a large number of largely Moslem areas that presently undergirdle the Soviet Union.
On September 1, 1991, Tarterstan, one of these "autonomous" republics, conducted a referendum ordered by its parliament, but condemned as "unconstitutional" by the Soviet government in Moscow. As a result of the balloting, 94% of the votes called for the creation of a completely independent Moslem state of Tarterstan, and for an acceleration in the already active construction of new mosques that had begun two years earlier. Implementing the referendum on October 1, 1991, the Tarterstan parliament declared its independence from Moscow, that Islam was its official religion, and that the new state will be a nuclear free zone with existing nuclear weapons to be transferred to the Government of Russia (then and now led by Boris Yeltsen).
On September 15, the newly formed Tarter government, a cabinet system constitutionally elected by the Tarter parliament, demanded the removal of all Soviet military forces within six months. It also entered into economic treaty relations with twelve of the seventeen "autonomous"
Soviet republics. Patterned after the European Economic Community in its present stage of development, the resulting Eurasian Economic convention that came into force on September 30, 1991, remains open for the accession of other Soviet "autonomous" republics, but not the Soviet Union itself.
On November 1, 1991, Tarterstan applies for membership into the United Nations, citing article 4 of its Charter, which reads,
Article 4
By this time, virtually all Moslem states from Morocco to Indonesia and a sprinkling of other states have recognized Tarterstan.
A recent graduate of the University of Dayton Law School, you are employed on the staff of the General Legal Director of the UN Secretariat. The Director asks you to prepare a memo dealing with the legal issues raised by Tarterstan's application, including how they should be resolved, and why they should be resolved in that manner.