LEGAL
COMMITTEE
2014 TOPICS
Land Rights in Antarctica
International Student Visas
Aid for Asylum-Seekers
Land Rights in Antarctica
Topic Summary:
The Antarctic Treaty was established in June of 1961 between Australia, Argentina, Chile,
France, New Zealand, Norway, United Kingdom, United States, Soviet Union, Japan, South
Africa, and Belgium. It was a method of lifting tensions regarding desired claim to land in
Antarctica. The Treaty stated Antarctica was to be used for “peaceful purposes only”, such
as scientific investigation, forbidding mineral resource exploration and military bases from
being established there. Tension remains over how much land nations can own, and who
has rights to space in Antarctica.
Background Information:
· Pre 1958: Several countries possessed overlapping claims to Antarctic territory.
· May 3, 1958: the United States proposed to other nations participating in Antarcticabased scientific research that a conference be held, based on points of agreement.
· October 15 - December 1, 1959: Delegates of twelve countries met in Washington DC,
United States, to negotiate terms of Antarctic land use.
· December 1, 1959: Treaty signed by all twelve nations.
· June 23, 1961: Antarctic Treaty official entered into force.
· September, 2004: Antarctic Treaty Secretariat established to improve the communication
between signatories of the treaty, as well as recompilation, storage and distribution of
information.
Issues to be addressed:
1) Who gets Antarctica? How?
2) For what purposes should Antarctica be used?
3) How can the UN help preserve the natural state of Antarctica despite the
need for scientific research?
4) How can the UN help maintain peace among conflicting nations?
Bibliography:
http://theconversation.com/explainer-keeping-conflict-on-ice-with-the-antarctic-treaty2197
http://www1.american.edu/ted/ice/antarctica.htm
http://www.antarctica.ac.uk/about_antarctica/geopolitical/treaty/
http://www.state.gov/t/avc/trty/193967.htm
http://www.ctbto.org/specials/famous-anniversaries/23-june-1961-antarctic-treaty/
http://www.unep.org/dewa/Assessments/Ecosystems/Antarctica/tabid/6958/Default.aspx
Aid for Asylum-Seekers
Topic Summary:
An asylum-seeker is an individual who moves across international borders in search of
protection and refugee status. International law defines a refugee as someone who seeks
refuge in a foreign country due to fear of persecution, war, or violence. The national
asylum system that exists in a host country decides whether an asylum-seeker qualifies for
international protection and refugee status. Asylum-seekers who do not qualify may be
detained or sent back to their home countries.
The problem lies in the treatment of asylum-seekers who are being increasingly detained in
host countries or otherwise are treated unfairly. Sometimes these people are detained for
long periods of time, in poor living conditions, or in prisons alongside criminals. The UN
Refugee Agency (UNHCR) has released a statement clarifying that individuals who seek
refugee status are in no way committing a criminal act by doing so. The UNHCR urges host
countries to release asylum-seekers into community-based supervision arrangements
where research has shown that 90% of asylum-seekers comply with conditions of release
from detention. These supervision methods are more cost effective and more humane than
detention and the UNHCR urges that detention should be a last resort for host countries.
Recently Australia has been warned by the UNHCR that their treatment of Indonesian
asylum-seekers arriving to Australia by boat could violate human rights laws. Australia is in
the process of deflecting arriving asylum-seekers to detention centers in Papua New
Guinea. The UNHCR has cited lack of national capacity, lack of expertise in processing and
poor physical conditions as reasons why Papua New Guinea would not make a suitable host
country for refugees. Situations such as this demonstrate the need for clearer, more
concise international laws specifically regarding aid for asylum-seekers.
There is currently no single policy regarding when refugees ought to be granted asylum. As
a result, their treatment and potential for protection has been up to the whims of national
policies. This topic asks delegates to try to standardize an international policy for asylumseeker to which nearly all nations could agree
Background Information:
·1947: International Refugee Organization founded
·1950: Office of the United Nations High Commissioner for Refugees established
·1951: UN Convention relating to the Status of Refugees was adopted
·1954: UNHCR wins Nobel Peace Prize for assisting European refugees
·1967: 1951 Convention is modified into Protocol Relating to the Status of Refugees which
countries must separately sign
·1981: UNHCR wins Nobel Peace Prize a second time for continuing to aid refugees
·2001: World Refugee Day is established on June 20
th
Issues to be Addressed:
1) How should Asylum-seekers be treated before they have been granted asylum?
2)
When should a refugee be granted asylum?
3)
Should refugees wanted for crimes in other nations ever be granted asylum? If
so, when?
4)
Should the families of refugees also be given asylum automatically?
5)
Can the UN assist nations who don’t have standardized asylum policies or the
resources to protect asylum-seeking refugees?
6)
Are caps on the number of asylum-seeking refugees which may enter a country
acceptable?
7)
On what grounds can states discriminate regarding which asylum-seeking
refugees to protect? For example, can a state choose to only protect refugees
who are part of a persecuted ethnic group?
Bibliography:
http://www.unhcr.org/pages/49c3646c137.html
http://www.humanrights.gov.au/publications/asylum-seekers-refugees-and-human-rightssnapshot-report
http://www.unhcr.org/505c33199.html
http://www.unhcr.org/pages/49c3646cbc.html
http://www.abc.net.au/news/2013-07-26/unhcr-australia-png-refugees-asylum/4845628
http://www.unesco.org/new/en/social-and-human-sciences/themes/internationalmigration/glossary/asylum-seeker/
International Student Visas
Topic Summary:
The exchange of students to study at the Universities of foreign countries has existed for
over a century. Yet, these exchanges are always organized bilaterally, meaning one country
sets the policy for exchanging students with another country directly. This has led to mass
confusion, frustration, financial difficulties, and tensions, as students who expect visas to
study abroad are surprisingly rejected, delayed, or mishandled. Further, a lack of
standardized policies has led some nations to impose tight restrictions on the experiences
students going abroad, to maintain political stability when they return, while other nations
ban students from certain countries from even applying. The task of the legal committee is
to establish a single international standard for the exchange of universities students
between nations to which nearly all nations of the world would agree. Further, recent
allegations of massive fraud in some student visa systems have called into question the
ability of nations to accurately select the students they want.
Background Information:
2012: Australia revokes over 10,000 student visas for failing to meet course requirements
2013: Australia simplifies its visa system to compete as a destination for international
students to study.
2014: Massive Fraud is revealed in the UK as 200,000 students are granted visas based
on misrepresenting themselves.
2014: Iranian students flock to Malaysia for international study
2014: Northern Cyprus becomes a burgeoning international destination for students
Issues to be addressed:
1. Recommend a standard policy for obtaining an international student visa (Who can
apply? What reasons could a student be rejected for? Who should they contact?)
2. How should students who violate censorship laws in their host countries be treated,
particularly when they are espousing censored religious or political beliefs?
3. How can the safety, security, and development of exchange students be ensured, while
simultaneously respecting national sovereignty (the right of each nation to govern itself).
4. Is it acceptable to set quota systems on the number of students who can enter from
certain countries?
5. What kinds of language requirements ought there be?
6. How can fraud be avoided?
Bibliography:
http://travel.state.gov/visa/temp/types/types_1268.html
http://www.immi.gov.au/students/
http://www.china-embassy.org/eng/hzqz/zgqz/t84243.htm
http://www.thehindubusinessline.com/industry-and-economy/education/student-visas-toaustralia-surge-on-simpler-norms/article5696145.ece
http://www.dailymail.co.uk/news/article-2555459/Theresa-Mays-grave-fears-studentvisas-Huge-fraud-revealed-lets-200-000.html
http://www.universityworldnews.com/article.php?story=20140131102318847
http://www.usnewsuniversitydirectory.com/articles/chinese-students-flock-to-uscolleges_13714.aspx#.UwEV7oX8gVA
http://www.nytimes.com/2014/02/17/world/europe/students-flock-to-universities-innorthern-cyprus.html?_r=0
http://www.smh.com.au/national/immigration-crackdown-over-10000-student-visasrevoked-20121005-274wj.html