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LW/OCT 2009/LAW510/429

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

INTERNATIONAL LAW I / PUBLIC INTERNATIONAL LAW I LAW510/429 OCTOBER 2009 3 HOURS

INSTRUCTIONS TO CANDIDATES

1.

This question paper consists of THREE (3) parts :

PART A (5 Questions) PART B (2 Questions) PART C (1 Question)

2. 3.

Answer ALL questions in the Answer Booklet. Start each answer on a new page. Do not bring any materials 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 of Law iii) Compilation of Conventions - provided by the Faculty of Law

4.

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 PART A QUESTION 1

LW/OCT 2009/LAW510/429

Discuss two relationships between treaties and customary international law. Support your answer with relevant authorities. (6 marks)

QUESTION 2 Explain two (2) principles of international law derived from the Nuclear Test Cases (1974) ICJ Rep 253. (6 marks)

QUESTION 3 Discuss two conditions for a state practice to become customary international law. (6 marks) QUESTION 4 With the support of two cases, explain the effect of reservation of a treaty under international law. (6 marks)

QUESTION 5 Explain briefly John Austin's views on whether international law is really a law. (6 marks)

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CONFIDENTIAL PARTB QUESTION 1

LW/OCT 2009/LAW510/429

In the light of the fuel crisis, State A and State B are concerned with diesel smuggling at their borders. Both states agree by Treaty that each will hand over the culprits once captured. Meanwhile, Chris, a national of State C, is sent as the ambassador to State A. He has also served as a diplomat in the Embassy of State C situated in State B prior to the promotion. State B has now requested State A to hand over Chris to State B, alleging that Chris had been a ringleader of a group of diplomats who were actively involved in diesel smuggling while he worked in State B. State A's police have also entered into Chris's official residence to acquire certain documents relating to the alleged smuggling. State C argues that State A has violated the Vienna Convention on Diplomatic Relations 1961. With the exception of State B, State A and State C are parties to the 1961 Convention. Explain the possible issues that arise in the above incident. (20 marks)

QUESTION 2 Diana, an Iranian national is a 'part time' hacker hired by Doddy, an Israeli, who holds an American passport. Doddy wants Diana to hack and delete selected databases at the Israel Central Bank. From her office at Cybercity, Diana managed to do this without any problems. This caused the Israel Central Bank to close for a week disrupting all financial transactions nationwide. It was estimated that the bank suffered losses of about USD $10million. After receiving her money, Diana migrated to Mauritius where she was eventually arrested. At the time of her arrest her application for Mauritian citizenship was still pending. Meanwhile, Doddy was arrested at his American home. With the support of relevant authorities, identify the states that can bring Diana and Doddy to trial. (20 marks)

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CONFIDENTIAL PARTC QUESTION 1

LW/OCT 2009/LAW510/429

The State of Rambutan discovered the Island of Emas in 1900 but made no legal claim on this new territory. The locals of Emas believed that Emas fell under the sovereignty of the neighbouring State of Durian after a treaty signed in 1850 by the former rulers of Emas to transfer Emas to Durian. In 1950 gold was discovered in abundance and an agreement was signed between the locals of Emas and Durian to set up a gold factory. The factory was registered in Durian but most of the workers of the factory came from the State of Ciku. In 1951 Rambutan came to Emas to declare that emas falls under the sovereignty of Rambutan. They imposed a "tax" on all gold exported out of Emas and set up a Post Office for the tax collection. The Post Office began its operation and Rambutan's national stamp was used. Durian immediately set up two military bases near the factory for protection. In 1990, a massive unrest erupted in Emas following some racial discrimination in the factory. As a result, Ciku sent its soldiers to protect its citizens. They took over the factory and the military bases and killed ten Durian soldiers. Within a week the troop controlled the whole of Emas and the government of Ciku declared itself as the new government of Emas. Ciku received considerable protests from the neighbouring states that refused to recognize Ciku as the new government of Emas. Ciku ignored the protests and the Foreign Minister of Ciku stated that Ciku can survive without the recognition. Discuss the following in international law: a) Durian's claim for damages against Ciku for the expropriation of their factory and military bases in Emas and the death of their soldier. (10 marks) The rightful sovereign of Emas. (10 marks) c) The validity of the statement of the Foreign Minister of Ciku. (10 marks)

b)

END OF QUESTION PAPER

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