oxasy uNivERsiny Bean j i \ Ml i 004210208 ° ~ Monash University Semester 1, 2013 Examination Period EXAM CODES: LAWw4122 TITLE OF PAPER: International Law EXAM DURATION: 2 hours writing time (if optional assignment submitted) OR 3 hours writing time (if NO optional assignment submitted) READING TIME: 30 minutes settling/reading and noting time THIS PAPER IS FOR STUDENTS STUDYING AT: (tick where applicable) CiBerwick Clayton Malaysia Off Campus Learning (| Open Learning Caulfield Gippsland Peninsula 1 Enhancement Studies Di Sth Africa CiPharmacy 1 Other (specify) During an exam, you must not have in your possession, a book, notes, paper, electronic device/s, calculator, pencil case, mobile phone or other materiallitem which has not been authorised for the exam or specifically permitted as noted below. Any material or item on your desk, chair or person will be deemed to be in your possession. You are reminded that possession of unauthorised materials in an exam is a discipline offence under Monash Statute 4.1 No examination papers are to be removed from the room. AUTHORISED MATERIALS CALCULATORS yes No OPEN BOOK BYES Ono SPECIFICALLY PERMITTED ITEMS Oyes HINO if yes, items permitted are: Candidates must complete this section if required to write answers within this paper STUDENT ID _ DESK NUMBER 1 ofSINSTRUCTIONS TO CANDIDATES 1. The duration of the exam allows time for you to plan your answers, and you are strongly encouraged to do so. 2, The standard of expression, spelling, punctuation and grammar will be taken into account in the assessment of your answers in this examination. Please note that it is your responsibility to ensure that your handwriting is legible. 3. Write your student ID number (but NOT your name) and your lecturer’s name on the cover of each answer booklet used. 4. This examination paper consists of TWO PARTS: Part A and Part B. * Part A contains 3 questions and is worth 60 marks. © Part B contains 2 questions and is worth 40 marks. 5. Students who DID complete the optional assignment and are therefore sitting the 60% exam must complete the following: ALL questions in Part A. 6, Students who DID NOT complete the optional assignment and are therefore sitting the 100% exain must complete the following: * ALL questions in Part A; and # ONE question from Part B. 7. Please use a separate booklet for Part A and Part B. 2of5PARTA — [60 marks} ALL students must answer ALL questions in this part Question 1 [25 marks} In 1760 the now defunct empire of Albion ceded the Moonlight Coast, a coast of dense rainforest with a rocky foreshore, to the state of Heldia by treaty. From the early 1800s, fishermen and their families from the neighbouring state of Bellicus began to settle on the Moontight Coast which untit then had been uninhabited. In 1900 Bellicus passed legislation regulating the types of fish which, the settlers could catch, It also imposed a fishing tax on the fishermen, however it ceased to enforce the legislation or to collect the tax from around 1920 onwards. In 1930 military personne! from Bellicus erected a lighthouse on a partially submerged rocky outcrop on the Moonlight Coast. In 1970 Bellicus contributed financial support to two health clinics on the Moonlight Coast. None of these activities elicited a response from the government of Heldia. Since 1760 Heldia has done little in relation to the Moonlight Coast beyond mapping it and conducting yearly administrative visits from 1910-12, 1932-36 and 1960-64. In addition, some of the inhabitants of the Moonlight Coast voted in the 1950 and 1968 elections for the President of Heldia, All maps officially issued by the government of Heldia identify the Moonlight Coast as Heldia’s territory. In 1990 Bellicus sent a diplomatic note to Heldia claiming sovereignty over the Moonlight Coast. Heldia replied immediately objecting to Bellicus’s claim and asserting that it (Heldia) had title to the Moonlight Coast. Which, if any, of Heldia or Bellicus enjoys title to the Moonlight Coast? Please justify your answer. Question 2 — (10 marks{ Hector Smith, a national of the state of Dovia, is suspected of having committed genocide in Dovia in 2008. Due to the political influence he wields in Dovia, Smith has escaped prosecution. In 2012 he travels to the state of Borland to visit friends. While in Borfand he is prosecuted for the crime of genocide. The Crime of Genacide Act of Borland criminalizes genocide and provides that ‘the courts of Borland shall have jurisdiction in respect of the crime of genocide irrespective of where it may have been committed or of the nationatity of the perpetrators or victims.” Is Borland entitled to exercise such jurisdiction over Smith in international law? Please justify your answer. 30r5Question 3. [25 marks} ‘The rare, red snake is the national symbol of Sythia and the sale of red snake meat and red snake products is strictly prohibited in Sythia. To the dismay of Sythians, red snake meat is considered a delicacy in the neighbouring state of Gourmand, Moreover, the red snakes consumed in Gourmand are sourced from Sythia where they are killed illegally and then imported into Gourmand. Sythia seeks to use international law to perstiade Gourmand to outlaw the sale of red snake meat and red snake products. It relies on the following points: a) The Convention on the Protection of Rare Reptiles (2003),* a multilateral treaty which includes provisions requiring state parties to outlaw the sale of rare snake meat and rare snake products. Reservations may not be made to the provisions conceming rare snakes. To date, the Convention has 95 state parties. While Sythia is a party to the Convention, Gourmand has neither signed nor ratified the Convention, The Convention entered into force in 2007 b) Every year for ten years, the United Nations General Assembly has adopted a resolution which recalls that ‘it is incumbent upon states to take measures to protect all rare snakes’ On each occasion the vote records between 25 and 30 abstentions, antong them Gourmand. ©) Forty-five states have enacted legislation outlawing the sale of red snake meat and red snake products, These include 9 of the 15 states where the red snake is found. 4) Finally, in 2011 a highly respected international legal scholar, Professor Fink, published an influential book on international law and the environment in which she stated that there is now a norm of customary intemational law requiring states to outlaw the sale of red snake meat and red snake products. Sythia fails to persuade Gourmand to outlaw the sale of red snake meat and red snake products and tensions between the states escalate, Assuming that the matter can be brought before the International Coun of Justice, advise Sythia as to how the Court is likely to decide the question of whether Gourmand is required under international law to outlaw the sale of red snake meat and red, snake products, Please justify your answer. “The Convention is invented for the purposes of this question. 4 ofSPARTB — [40 marks} ONLY Students who DID NOT submit and receive a mark for the optional assignment must answer this part, Please answer ONE of the following questions in a new booklet. ‘Question 1 “International law provides insufficient guidance on when an entity qualifies as a state.’ Discuss in relation to the criteria for statehood in international law, explaining whether and why you agree or disagree with this assessment. oR Question 2 In your opinion, are the provisions of the United Nations Charter concerning the threat or use of force adequate to the task of safeguarding against contemporary threats to international peace and security? Please justify your answer. END OF EXAMINATION seek Sofs