PUBLIC INTERNATIONAL LAW UPI7312

Tutorial 2

Application of international law

1. Explain the relation between International Law and Municipal Law

a) ML’s perspective on IL
- Monoism
 Single body of rules – Both co-exist, complement each other, IL
prevails when there is overlap
 Article 27 of the Vienna Convention on Law of Treaties 1969
- Dualism
 Two separate body of rules – Both will prevail if there is overlapped
but IL will be considered breached

b) IL’s perspective on ML
- IL recognizes general principles of law as a source of law
- Article 38 of Statute of ICJ
- Barcelona Traction, Light & Power Co. Ltd Case
 Recognition given to municipal law regarding companies.

2. Explain the doctrine of transformation and the doctrine of incorporation

- DT: IL needs to be accepted through the Executive or Constitution before it
can be enforced
 E.g.: Malaysia
- DI: IL will be automatically incorporated into the local laws usually by virtue
judicial decisions or legislation
 E.g.: UK
 Chung Chi Cheung v R
a) IL cannot go against the existing statutes
b) IL cannot go against judicial decisions
3. Explain the following:-

a) the Alabama arbitration (USA v Great Britian)

- Great Britain cannot rely on the excuse that their domestic law does not allow them to
fulfil their part of the bargain

b) The Legrand case

- The US failed to inform them the accused of their rights under IL, Vienna Convention
on Consular Relations 1963

c) Chung Chi Cheung v R (1939)

- Lord Atkin:

State Territory (Part 1)

4. What are the modes of acquisition of sovereignty over territory.

5. Under what circumstances does an occupation of a territory becomes effective.