QUESTION II
Franconia and Blanconia are two neighbouring African States, members of the Organization of African Unity (OAU) and of the United Nations. Franconia was under the colonial rule of Elbia until it became independent on 25 May 1960. Blanconia was under the colonial rule of Rosia until its independence on 12 July 1961.
On 30 September 1968, Franconia and Blanconia concluded a Treaty of Friendship and Cooperation, in which they agreed, inter alia, to settle all their disputes peacefully, particularly those relating to the interpretation and application of treaties. They also reiterated their acceptance of the OAU resolution of 1964 concerning respect of the inherited colonial boundaries under the principle of uti possidetis.
Elbia and Rosia had concluded a treaty on 28 August 1923, determining the boundary between their respective colonial territories of Franconia and Blanconia. A section of the border, situated near an administrative centre of Elbia and known as the Flania Triangle remained unsettled. For administrative convenience, it was agreed between the two colonial powers that the Flania Triangle be temporarily administered by Elbia until a definitive boundary could be reached. This agreement was inspired by the fact that the Triangle was an important grazing ground for one of the nomadic tribes of Franconia. However no further agreements were reached on this section of the boundary.
Upon independence, Franconia issued a notification of succession to all treaties concluded by Elbia, including the Treaty of 1923. Blanconia, on the other hand, declared a "tabula rasa" with respect to treaties concluded by Rosia.
The Temple of the goddess Blan, considered by the Blanconians to be the mother of their nation, is located in a special section of Flania. Every year since the colonial era, a number of Blanconians attended the pilgrimage to the Temple. In 1989 and given the increasing number of pilgrims to Flania, Franconia which continued to administer the area after Elbia, changed the rules and imposed restrictions on the number of pilgrims that would be admitted there. This provoked a public outburst in Blanconia. The people of Blanconia called on their government to take action since, in their view, Flania's Temple was part of their historical heritage. A strong protest was sent to Franconia by Blanconia against these restrictions. Franconia ignored the protest. In the meantime, in order to boost its decreasing popularity, the government of Blanconia decided to invade Flania on 25 August 1989 ant took control over it from Franconian administrators. In response, Franconia dispatched its armed forces to the disputed area and immediately referred the matter to the Security Council of the United Nations. The Security Council was convened on 26 August 1989.
1. Prepare a concise statement containing the arguments which the Permanent Representative of Franconia is likely to make in the Security Council concerning the case.
2. Prepare a concise statement containing the arguments which the Permanent Representative of Blanconia is likely to make before the Security Council in response.
3. In your view, what should the Security Council do on this question? Explain.