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LW/NOV2005/LAW510

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

PUBLIC INTERNATIONAL LAW I LAW510 NOVEMBER 2005 3 HOURS

INSTRUCTIONS TO CANDIDATES 1. 2. 3. 4 5. This question paper consists of TWO (2) parts : Answer ALL questions. Candidates will be provided with all the relevant Treaties and Conventions. Candidates are not allowed to bring any material into the examination room unless permission is given by the invigilator. Please check to ensure that this examination pack consists of: (i) the Question Paper (ii) an Answer Booklet - provided by the Faculty PART A (6 Questions) PART B (2 Questions)

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO This examination paper consists of 3 printed pages Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

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LW/NOV 2005/LAW510

PART A

QUESTION 1

Explain two (2) available mechanisms available to facilitate the need for enforcement in international law. (5 marks)
QUESTION 2

Explain whether Israel meets the "statehood criteria" in international law.

(5 marks)
QUESTION 3

Explain the difference between Monism Theory and Dualism Theory of international law.
(5 marks)
QUESTION 4

State the main decision in The Trendtex Trading Corporation V Central Bank of Nigeria (1977) ICJRep. 112. (5 marks)
QUESTION 5

Discuss briefly the position of customary international law in the case of Anglo-Norwegian Fisheries (1951) ICJ 588. (5 marks)
QUESTION 6

State briefly the need for reform of the United Nations Organisation.

(5 marks)

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LW/NOV 2005/LAW510

PARTS

QUESTION 1

The State of Krugger is a state rich in oil and surrounded by neighbouring states with different believe in ideology. In order to protect itself, the State of Krugger asked to become a British protectorate in 1898. Since then the State of Krugger has flourished and managed to develop itself better than its neighbours. In 2005, the State of Krugger has managed to engage into international relations with German. Please determine the status of State of Krugger.

(20 marks)
QUESTION 2

In 1892 Kalahari in Asia was discovered by Spartant State but the latter made no legal claim on this new territory. In 1900 phosphates was discovered in abundance and an agreement was signed between a group of local citizen of Kalahari with Mau-Mau State to engage in setting up a phosphates factory. The factory was registered in Mau-Mau State. In 1901 Spartant State imposed a "tax" on all phosphates exported out of Kalahari and set up a Post Office in relation to this. The Post Office began its operation immediately and Spartant State's national stamp was used. At the same time Mau-Mau State set up two military bases near the factory for protection. Most of the workers of the factory came from Bertam State.
In 1999 an incident arose from a misunderstanding in the factory. As a result of it Bertam State attacked the military bases and killed five (5) Mau-Mau soldiers and they also drove out all the workers from the Post Office. The soldier of Bertam State took over the two military bases and the Post Office. They claimed that the phosphates factory is part of Bertam State's property located abroad and that all their actions were legitimate reprisals in order to protect their citizens in Kalahari.

Discuss these demands: a) b) Mau-Mau State wants to claim damages on the death of their soldiers. (20 marks) The legitimacy of the act of force carried out by Bertam State in international law. (20 marks) c) The legal status of Kalahari in international law.

(10 marks)

END OF QUESTION PAPER

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