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LWiMAR 20051LAW510

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

: PUBLIC INTERNATIONAL LAW I

COURSE CODE

: LAW510 : 4APRlL2005 : 3 HOURS (2.15 P.M. 5 . I 5 P.M.) : NOVEMBER 2004 - APRIL 2005

INSTRUCTIONS TO CANDIDATES
1.

This question paper consists of SIX (6) questions. Answer FOUR (4) questions only. Candidates will be provided with all the relevant Treaties and Conventions 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) the Question Paper (ii) an Answer Booklet - provided by the Faculty

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DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO This examination paper consists of 4 printed pages
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CONFIDENTIAL QUESTION 1 Two years ago, after an unsuccessful military coup d'etat in the State of Banga (Banga), General Pavi al Bani, a military commander of Banga First lnfantary Division has fled with a group of military advisors to Kurbai in the State of Karzan (Karzan). He is now wanted by the government of Banga for the criminal offences committed during the military coup. The military coup, which lasted for 5 days, witnessed the brutal killing of 100 civilians population. It was reported by the Human Rights Group that the instruction to kill all 100 civilians came from General Pavi al Bani. Upon reaching Kurbai, General Pavi and his military advisors were granted asylum on the basis of a state practice that has been established between Banga and Karzan. Following the granting of the asylum status, a statement was issued by the Ministry of Foreign Affairs of Banga refusing to accept the state practice as to the granting of asylum by Karzan. a) State the law relating to state practice under international law and whether the claim of state practice by Karzan will succeed. (60 marks) Alternatively can Banga request for General Pavi al Bani to be extradited from Karzan so that Banga could charge him for the killing of 100 civilian populations? Advise Banga on whether extradition can be ordered under international law (40 marks) QUESTION 2 In January 2005, the leaders of the State of Maya (Maya) and the State of lndo (Indo) had resolved to end their atrocities and to review their outstanding disputes and the current international policies. You are instructed to prepare a memorandum for the Foreign Minister of Maya based on the following events; a) In 1992 collusion occurred on the high seas between a naval ship of State Maya and a State lndo's coast guard. Several people aboard the latter ship were drowned and State lndo's alleged negligence by State Maya's officer of the watch. When State Maya's ship reached Port Keno in State lndo the State Maya's officer was arrested on a charge of manslaughter. State Maya argued that State lndo has no jurisdiction to try the officer according to the rule on opinio juris. Discuss whether State Maya can rely on the basis of opinio juris in international law. (50 marks) In 1994, their predecessors (the leaders of both states) had signed a bilateral treaty called "the Treaty of Enlargement" (treaty) where both states agreed to enlarge their territorial sovereignty through military expansion and the use of force. In 1998, they have targeted three neighbouring countries to be included in their territorial .expansion. However, the territorial expansion project was abortive due to financial crisis currently faced by Maya and lndo. Recently, in a parliamentary debate on the issue of military expansion project it was pointed out by the Parliament in Maya that the treaty could not be enforced on the basis of jus cogens in international law. @ Hak Cipta Universiti Teknologi MARA CONFIDENTIAL b)

b)

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LWlMAR 2005lLAW510

Discuss whether both state parties can enforce the treaty in the light of jus cogens in international law. (50 marks)
QUESTION 3

The Acadian Parliament had recently passed an act of parliament called the Anti Terrorism Act 2004 with a view to eliminate all forms of terrorist activities. The act was also passed in response to an independent report submitted by Terrorist Watch Group to the United Nations Security Council that Acadia is infested with terrorists who are now prepared to launch attacks in any part of the world. Two months ago, the Acadian Police has caught Mamak Ali, known in the terrorist world as the leader of a notorious terrorist bomb squad and was responsible in killing thousands of women and children in Israel, the Middle East and Europe. Mamak Ali claimed to be a citizen of Zambo State, which has severed diplomatic ties with Acadia 10 years ago. The Minister of Foreign Affairs has sought your advice as to whether the High Court of Acadia has jurisdiction to charge Mamak Ali for the offences committed in Israel, the Middle East and Europe. The Acadian Police confirmed that Mamak Ali has not committed any offence in Acadia. The charge is based on the Anti Terrorism Act of 2004, which provides that "...the district courts shall have original jurisdiction of any criminal action committed in violation of the law of nations': Discuss the position in international law

(100 marks)
QUESTION 4

a)

After 24 years of armed struggle between the people backed para-military regime and the government of the State of Chigenzo, a cease-fire agreement was concluded between the two parties. A conference has been called to draft and adopt a constitution for a newly formed democratic State of Chigenzo. The Consultative Committee of the draft constitution has sought your advice on the following issues: 1 ) whether Chigenzo should support the theory that international law and municipal law are totally different from each other and thus one can neither be part of, alter, nor affect the other and therefore incompatible. (20 marks) Whether Chigenzo should support the theory that international law and municipal law must be regarded as manifestation of a single concept of the law, or (20 marks) the theory that international law and municipal law are largely autonomous bodies of the legal order but that each is in harmonious relation with the other. (10 marks)

ii)

iii)

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LWIMAR 20051LAW510

b)

It is said that recognition of a state is a matter of intent and essentially a political question. Discuss the accuracy of the above statement (50 marks)

QUESTION 5

Samut is an island about three miles long by three fourth of a mile wide. In 2000, it has a population of about 3000 people and is of little strategic or economic value. It sits about halfway between the State of Balembang and the islands of Kita-Kita in the State of Waubulan. In 2001, on his official visit to Samut Island, the Foreign Minister of Balembang discovered that the State of Waubulan also claimed sovereignty over the island. Upon his return to the mainland, he made a press communique in the following way; "...we believe that we have a stake to Samut Island and that we will attempt all avenues in getting the island for Balembang..." In response to the statement made by the Foreign Minister of Balembang, the Prime Minister of Waubulan said that Balembang has no legal basis to claim the island and that he recalled ten years ago the former Prime Minister of Balembang under the old regime has made a declaration that the Government of Balembang will not claim any right over the island. In addition, Waubulan claimed that through a Treaty of Samut of 1703, the island was surrendered by the King of Balembang to the King of Waubulan in recognition of friendship between the two states. Waubulan however has never displayed any territorial sovereignty over the island since the signing of the treaty. It was discovered that as early as in 1960, the people living in Samut Island have been administering and collecting taxes in the island through administrative orders and directives from Balembang. The Permanent Secretary for Foreign Affairs for the State of Waubulan now seeks your advice as to whether Balembang has any legal rightls over Samut Island in international law. Advise him.

(100 marks)
QUESTION 6

'"Responsibility is the necessary corollary of a right. All rights of an international character involve international responsibility. If the obligation is not met, responsibility entails the duty to make reparations". Discuss the above statement in the light of the current development on state responsibility under ioternational law. (100 marks)
END OF QUESTION PAPER
O Hak Cipta Universiti Teknologi MARA

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In the Spanish Zones of Morocco Claim (1925) 2 RlAA 615, Umpire Huber expressed the concept of state responsibility in the following terms:

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