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LW/APR 2011/LAW510/429

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

INTERNATIONAL LAW I / PUBLIC INTERNATIONAL LAW I LAW510/429 APRIL 2011 3 HOURS

INSTRUCTIONS TO CANDIDATES 1. This question paper consists of three (3) parts : PART A (5 Questions) PART B (2 Questions) PART C (1 Question)

2. 3.

Answer ALL questions in the Answer Booklet. Start each answer on a new page. Do not bring any material into the examination room unless permission is given by the invigilator. Please check to make sure that this examination pack consists of: i) ii) Hi) the Question Paper an Answer Booklet - provided by the Faculty Compilation of Conventions - provided by the Faculty of Law

4.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 5 printed pages
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CONFIDENTIAL PART A QUESTION 1

LW/APR 2011/LAW510/429

With reference to relevant case law and statutes, briefly discuss the approaches taken by the courts in Malaysia with regards to the application of international law. (6 marks)

QUESTION 2 Briefly discuss the extent to which individuals may be considered as a possible subject of international law. (6 marks)

QUESTION 3 With reference to relevant case law and statutes, briefly explain the concept of jus cogens and obligation erga omnes under international law. (6 marks)

QUESTION 4 The right of self-determination is entrenched in the Charter of the United Nations and the resolutions of the General Assembly such as the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples (Resolution 1514). With reference to relevant case law and statutes, briefly discuss the exercise of the right of self-determination of the people to secede and form their own state under international law. (6 marks)

QUESTION 5 With reference to relevant case law and statutes, briefly explain the operation of reservations in relation to the law of treaties. (6 marks)

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CONFIDENTIAL PARTB

LW/APR 2011/LAW510/429

QUESTION 1 a) Analyze the relationship between treaty and customary international law as the main sources of international law and its impact on the development of international law. (10 marks) b) Critically comment on the judgment of the International Court of Justice in the Case Concerning the Gabcikova-Nagymaros Project (Hungary/Slovakia) 1977. (10 marks) QUESTION 2 The Scully Island (the Island) is situated 200 miles from the state of Sudam. The Island allegedly to be first discovered by Captain Dora from the state of Danembo in 1900 while he was on a whaling expedition in the South Atlantic Ocean. Captain Dora and his crew explored the Islands and discovered artifacts and the remains of canoes belonging to Garang Tribe, one of the tribes that resided in the state of Sudam. However, they considered the island as uninhabited as they did not encounter any humans living on the island. Before Captain Dora departed from the island, he left a plaque indicating that the island belongs to the state of Danembo. In 1910, General Falk from the state of Sudam was notified about the existence of the Island. Unaware of the plaque left by Captain Dora, General Falk decided to build a penal settlement on the Island. However, during construction, the state of Sudam was attacked by the state of Roco. General Falk and his men had to abandon the island in order to defend the state of Sudam from the state of Roco's invasion. In 1915, Garang Tribe migrated to the Island and called the Island as Scully Island. The main economic activities of the tribe are fishing and farming. In 1917, Captain Dora came back to the Island together with 200 people from the state of Danembo. Captain Dora established a Danembo Settlement after asserting force against the Garang Tribe. The head of the Garang Tribe agreed to relinquish his control over the island to Captain Dora. Some of the people from the state of Danembo had married the people from the Garang Tribe. Captain Danembo was appointed by the Ruler of Danembo as the Governor of the Island. In 1920, General Falk returned to the Island to resume construction of the penal settlement of the state of Sudan. He was shocked to discover the existence of the state of Danembo's settlement on the island. He instructed his troops to launch an attack against the Danembo's Settlement on the island. The attack was successful and General Falk proclaimed the island as part of the territory of the state of Sudam. The state of Danembo claimed the annexation of the island by the state of Sudam as illegal. The state of Danembo still considers the island as part of its territory. When the state of Danembo became a member of the United Nations in 1945, it declared that it reserved its right to the sovereignty of the island and the right to recover the Island.

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LW/APR 2011/LAW510/429

Pursuant to the Resolution 1514 of the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples adopted by the General Assembly of the United Nations, the state of Sudam decided to grant independence to the islanders in 2006. However, the state of Sudam still retains the power to control matters relating to the foreign affairs of the Island. The independence of the Island is recognised by 10 states including the state of Sudam. The state of Danembo objected to the grant of independence to the island by the state of Sudam. Based on the above situation, answer the following questions: a) Assess the claim made by the state of Danembo with regards to the sovereignty of the Island under international law. (15 marks) Assess whether the Island can be considered as a state under international law (5 marks)

b)

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CONFIDENTIAL PARTC QUESTION 1

LW/APR 2011/LAW510/429

The state of Mishila, Baekje, Goryong and Archeon are parties to the International Convention for the Suppression of Terrorists Bombings 1997 (the Convention). Article 6(4) of the Convention provides that each State Party shall establish its jurisdiction over any person who unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in or against public places, government facility and public transportation system where the alleged offender is present in its territory. The state of Moria is not a party to the Convention but is a member of the United Nations. In April 2010, a bomb exploded near the Mishil Shrine, a popular tourist destination situated in the State of Mishila. The blast killed 50 people and hundreds were injured. The majority of the people who died during the attack were the nationals of the state of Goryong. The United Nations Secretary General urged those responsible for the terrorist bombing to be brought to justice. Pursuant to the attack, Mishila police have arrested 12 suspects who are members of a notorious terrorist group known as the True Blood Movement. Four of the suspects are the nationals of Mishila. The others are the nationals of Baekje and Moria. Upon further investigation, the Mishila Police discovered that the mastermind behind the attack is Mr Donovan, the Foreign Minister of the State of Moria and Mr Danaembo, a Senior Diplomatic Officer at the Moria Diplomatic Mission in Mishila. In September 2010, a judge of the state of Mishila issued an international arrest warrant against Mr. Donovan. When the international arrest warrant was issued, Mr. Donovan was on an official visit to the state of Archeon. The government of Mishila made a request to the state of Archeon to extradite Mr. Donovan to be prosecuted in the Mishilan court. Mr Donovan pleaded immunity and argued that the international arrest warrant is not valid under international law. At the same time, the Mishila Police arrested Mr Danaembo. He claimed that his arrest contravened the provision of the Vienna Convention on Diplomatic Relations 1961 in which he is conferred immunity. Mishila intelligence report discovered that the base of operations of the True Blood Movement is located at the mountainous region of the State of Moria and that the President of Moria is aware of the existence of the base. It was also reported that the state of Moria gave financial assistance and supply of weapons to the True Blood Movement to carry out the terrorist attack against the state of Mishila. Based on the above situation, answer the following questions: a) Do the courts of the state of Mishila, Baekje, Goryong and Archeon have jurisdiction to prosecute the suspects involved in the terrorist attack? (10 marks) Are Mr Donovan and Mr Danaembo entitled to plead immunity from prosecution? (10 marks) Can the state of Moria can be held responsible for the action committed by the True Blood Movement? (10 marks) END OF QUESTION PAPER

b)

c)

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