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CONFIDE NTIAL LWiM AR 20051LAW510

UNIVERSITI TEKNOLOGI MARAFINAL EXAMINATION

: PUBLIC INTERNATIONAL LAW ICOURSE CODE LAW510

: 4APRlL20053 HOURS 2.15 P.M. 5 . I5 P.M.NOVEMBER 2004 APRIL 2005

INSTRUCTIONS TO CANDIDATES

1 This question pap er consists of SIX 6) questions.2. Answer FOUR 4) questions only.3 Candidates will be provided with all the relevant Treaties and Conventions4. Do not bring any material into the examination room unless permission is given by theinvigilator.5 Please check to make sure that this examination pack consists of:i) the Question Paperii) an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE U NTIL YOU ARE TO LD TO DO SOThis examination paper consists o f printed pag es@ Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

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QUESTIONTwo years ago, after an unsuccessful military coup d'etat in the State of Banga (Banga),General Pavi al Bani, a m ilitary commander of Banga First lnfantary Division has fled with agroup of m ilitary advisors to K urbai in the State of Karzan (Karzan). He is now wanted by thegovernment of Banga for the criminal offences committed during the military coup. Themilitary 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 camefrom General Pavi al Ban i. Upo n reaching Kurba i, General Pavi and his military advisorswere granted asylum on the basis of a state practice that has been established betweenBanga and Karzan. Following the granting of the asylum status, a statement was issued bythe Ministry of Foreign Affairs of Banga refusing to accept the state practice as to thegranting of asylum by Karzan .a) State the law relating to state practice under international law and whether the claimof state practice by Karzan will succeed. (60 marks)b) Alternatively can Banga request for General Pavi al Bani to be extradited fromKarzan so that Banga could charge him for the killing of 100 civilian populations?Advise Ban ga o n wh ether extradition can be ordered under international law

(40 marks)

QUESTIONIn January 2005, the leaders of the State of Maya (Maya) and the State of lndo (Indo) hadresolved to end their atrocities and to review their outstanding disputes and the currentinternational policies. You are instructed to prepare a memorandum for the Foreign Ministerof Maya based on the following events;a) In 1992 collusion occurred on the high seas between a n aval ship of State Maya anda State lndo's coast guard. Several people aboard the latter ship were drowned andState lndo's alleged negligence by State Maya's officer of the watch. When StateMaya's ship reache d Port Keno in State lndo the State Maya's officer was arrestedon a charge of manslaughter. State Maya argued that State lnd o has no jurisdictionto try the officer acco rding to the rule on opinio uris.

Discuss whe ther State M aya can rely on the ba sis of opinio uris in international law.(50 marks)

b) In 1994, their predecessors (the leaders of both states) had signed a bilateral treatycalled the Treaty o f Enlargement (treaty) whe re both states agreed to enlarge theirterritorial sovereignty through military expansion and the use of force. In 1998, theyhave targeted three neighbouring countries to be included in their territorial.expansion. However, the territorial expansion project was abortive due to financialcrisis currently faced by M aya and lndo. R ecently, in a parliamentary debate on theissue of military expansion project it was pointed out by the Parliament in Maya thatthe treaty could not be enforced on the basis of jus cogens in international law.

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

QU STIONThe Acadian Parliament had recently passed an act of parliament called the Anti TerrorismAct 2004 with a view to eliminate all forms of terrorist activities. The act was also passed inresponse to a n independent report submitted by Terrorist W atch Group to the United NationsSecurity Council that Acadia is infested with terrorists who are now prepared to launchattacks in any part of the w orld. 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 wasresponsible in killing thousands of women and children in Israel, the Middle East andEurope. Mamak Ali claimed to be a citizen of Zambo State, which has severed diplomaticties with Acadia 10 years ago. The Minister of Foreign Affairs has sought your advice as towhether the High Court of Acadia has jurisdiction to charge Mamak Ali for the offencescomm itted in Israel, the Middle East and Europe. The Acadian Police confirmed that MamakAli has n ot committed any offence in Acadia. The charge is ba sed on the Anti Terrorism Actof 2004 , which provides that ...the district courts sh all hav e original jurisdiction o f anycriminal action comm itted in violation of the law o f nations':Discuss the position in international law (100 marks)

QU STION 4a) After 24 years of armed struggle between the people backed para-military regimeand the governmen t of the S tate of Chigenzo, a cease-fire agreem ent was concludedbetween the two parties. A conference has been called to draft and adopt aconstitution for a newly formed democratic State of Chigenzo. The ConsultativeCom mittee of the draft cons titution has sought your ad vice on the following issues:

1 whether Chigenzo should support the theory that in ternational law andmun icipal law are totally different from each other and thus one can neither bepart of, alter, nor affect the othe r and therefore incompatible. (20 marks)ii) Whether Chigenzo should suppo rt the theory that international law andmunicipal law m ust be regarded as m anifestation of a single concept of thelaw, or (20 marks)iii) the theory that international law and municipal law are largely autonomousbodies of the legal order but that each is in harmonious relation with the other.

(10 marks)

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b) It is said that recognition of a state is a matter of intent and essentially a politicalquestion.Discuss the accuracy of the above statement

(50 marks)QUESTIONSamut is an island about three miles long by three fourth of a mile wide. In 2000, it has apopulation of about 3000 people and is of little strategic or economic value. It sits abouthalfway between the State of Balembang and the islands of Kita-Kita in the State ofWaubulan.In 2001, on his official visit to Samut Island, the Foreign Minister of Balembang discoveredthat the State of Waubulan also claimed sovereignty over the island. U pon his return to themainland, he made a press communique in the following way; ...we believe that we have astake to Samut Island and that we will attempt all avenues in getting the island forBalembang ..In response to the statement mad e by the F oreign Minister of Balembang, the Prime Ministerof Waubulan said that Balembang has no legal basis to claim the island and that he recalledten years ago the former Prime Minister of Balembang under the old regime has made adeclaration that the Government of Balembang will not claim any right over the island. Inaddition, Waubu lan claimed that through a Treaty of Samu t of 1703, the island wassurrendered by the King of Balembang to the King of Waubulan in recognition of friendshipbetween the two states. Waubulan however has never displayed any territorial sovereigntyover the island since the sign ing of the treaty. It was discovered that as early as in 1 960, thepeople living in Samut Island have been administering and collecting taxes in the islandthrough adm inistrative orders and directives from Balembang.The Permanent Secretary for Foreign Affairs for the State of Waubulan now seeks youradvice as to whether Balembang h as any legal rightls over Samu t Island in international law.Advise him. (100 marks)QUESTION 6In the Spanish Zones of Morocco Claim (1925) 2 R lAA 615, Um pire Huber expressed theconcep t of state responsibility in the following terms:' Responsibility is the necessary corollary of a right. All rights of an international characterinvolve international responsibility. If the obligation is not m et, respon sibility entails the dutyto make reparations .Discuss the above statement in the light of the current developmen t on state responsibilityunder ioternational law. (100 marks)

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