tine MZUMBE UNIVERSITY (CHUO KIKUU MZUMBE) (Mbeya Campus College) End of Semester Two Examinations: June, 2015 Course Code: LAW 223 Course Title : Public International Law Programme: LLB - Il Date: 01/07/2015 Time: 1430 - 1730 INSTRUCTIONS: a 2. This paper consist of FIVE Questions Attempt FOUR questions This is the partial closed book examination. Candidates may enter into examination room with clean copies of the United Nation Charter and Statute of International Court of Justice. Support your answer with relevant authorities All questions carry equal marksQUESTION ONE i, Mention and discuss four pillars and evidences upon which Public international law is founded. (5 Marks) ii, Explain various theories expounding the relationship existing between Municipal law and International law (7.5 Marks) QUESTION TWO The region of Merland is populated by four different people, the Alphas,the Beta,the Gammas and the Deltas. Although these people have different cultures, religion and ways of life they have been living in perfect harmony for many years. Until 2006 the state of Oneland was responsible for the administration of the territory of the region of Merland. In May 2006, however, the council of Merland composed of the head of four peoples proclaimed the region’s independence. They thereby also decided to take over the tasks previously executed by one land. The council created a series of different institutions to administer the territory of Merland. Among other institutions the council also created a parliament where all the four Merlandian people are equally represented. In 2008 the Council of Merland acquired the capacity to carry out almost all administrative tasks on its territory. However, Oneland retained the management of the Merlandian police forces. The latter were essentially composed of policemen from Oneland. At the end of 2009 Merland signed a treaty with Oneland on the withdrawal of the Onelandian police forces. The treaty established, among other things that the police forces. The treaty established, among other things that the police forces from Oneland would no longer exercise their support function in relation to the police of Merland after 30 April 2010.This was meticulously respected and from 1 May 2010 onward the Council of Merland had its own police force.At the same time during 2009, Merland become a party to several International Conventions and signed different bilateral treaties especially of Commercial nature with various states. At the end of 2010 the majority of the international community had recognised Merland as an independent state. Can it be said that Merland is a state according to International law? If Yes from when onwards? QUESTION THREE (a)The reality of international law, that is to say, the actual use of rules described as rules of international law by governments, is not to be questioned. All normal governments employ expert to provide routine and other advice on matters of international law and constantly define their relations with other state in terms of international law. Government and their officials routinely use rules which they have for a very long time called “law of nations” or international law. The law delimits the competence of state. No journey by air could take place in reasonable limits if it were not for a network of legal structures involving the jurisdiction of state. Treaties reflect freedom of the classical state and sovereignty based international legal system. Is this statement correct? (7.5 Marks) (b) Critically evaluate the main shortcoming of the law-making treaties in a rapidly changing world. (5 Marks) QUESTION FOUR State territory is a basis for statehood. Germany acquired state territory of Tanzania in 1960s by subjugation method. Following decolonization, various ethics group in Tanzania want to be given separate statehood under the basis of self determination. Furthermore, Malawi, Zambia and Kenya bordering with Tanzania are in serious border disputes founded during colonial era. You being International law expert, show how can you solve such dispute?(12.5 Marks) QUESTION FIVE Critically explain how Jus Cogens and obligation Erga Omnes are considered nowadays to be the norms of higher authority subject not to be derogated by any state? (12.5 Marks)