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END-OF-SEMESTER EXAMINATION SEMESTER I, 2004/2005 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS

Programme

:

Bachelor of Laws

Level of

:

Fourth

 

Study

Reading Time

:

2.30 p.m. – 2.45 p.m.

Date

:

13.10.2004

Duration

:

( 15 minutes )

Answering Time

:

2.45 p.m. – 5.45 p.m.

Section(s)

:

All Sections

Duration

( 3 hours )

Course Title

:

Public International Law I

Course Code

:

LAW 4610

This Question Paper Consists of 5 Printed Pages With 6 Questions.

INSTRUCTIONS TO CANDIDATES DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO. Answer FOUR (4) Questions Only

(1)

REFERENCES ALLOWED The Charter of the United Nations and the Statute of the International Court of

(2)

Justice The Vienna Convention on Diplomatic Relations, 1961

Any form of cheating or attempt to cheat is a serious offence which may lead to dismissal

Statutes should be free from any form of annotation.

APPROVED BY

QUESTION 1

2

Explain the juridical nature of the various sources of international law. How would these

sources differ from those pertaining to municipal legal system?

QUESTION 2

(15 marks)

The existence of international law as a viable body of law consisting of rules and norms

governing relations between States, among other things, has given rise to a constant

controversy about the juridical nature of international law among the jurists. This led to

the development of numerous theories to justify that international law is a ‘true law’.

Discuss with specific reference to the Naturalists and the Positivists approach.

QUESTION 3

(15 marks)

(a) In view of the new developments in the area of international law, critically examine

the

traditional

theories

international law.

regarding

the

relationship

between

municipal

and

(5 marks)

(b)

3

Discuss the Malaysian practice regarding the application of international law

concepts

in

the

light

of

the

underlying

doctrines

of

‘incorporation’

and

‘transformation’. Support your discussion with decided cases.

QUESTION 4

(10 marks)

Dangala and Trunda are two island States situated in the South Seas. Both attained

independence in 1995. Dangala was a former colony of United Kingdom while Trunda

was formerly a French protectorate.

About 40 nautical miles away from these two island States is the tiny island of Gora,

which is reputedly rich in fishery resources. The island was formerly discovered by the

French authorities in 1860, but in 1930 the United Kingdom Government established a

light-house on the island and since then the light house had been maintained by the

British authorities. After independence, the Dangalan Government has inserted the island

in the Government Gazette and declared it as a bird sanctuary.

Both Dangala and Trunda now claim sovereignty over Gora and the dispute has been

submitted before the International Court of Justice. You are appointed by the Prime

Minister of Dangala as the legal counsel to represent the State before the World Court.

What would be your legal advice?

(15 marks)

QUESTION 5

4

(a)

Two nationals of State L meet in State A and decide to plant an explosive device on

a commercial aircraft belonging to an airline registered in State B. The device is

planted in State C, explodes over State D, killing all those on board, the majority of

whom are nationals of State B.

Which States have claims to jurisdiction and according to what principles under

international law?

(9 marks)

(b)

During a civil war in the sovereign State of Xania, Laurens, an officer in the armed

forces

of

the

revolutionary

group

seeking

to

overthrow

the

constitutionally

established government of the State, killed a number of prisoners of war. The

persons who were killed by Laurens were captured members of the security forces

of the Xania government.

Some years after the murders described in the previous paragraph, Laurens

emigrated to Zanjia , a neighbouring State, and became a Zanjian national.

Laurens’ past has now come to the attention of the Zanjian government.

Would Zanjia be acting in conformity with public international law if it asserted

criminal jurisdiction over Laurens in respect of the murders committed by him in

Xania?

(6 marks)

QUESTION 6

5

X, a foreign affairs writer, was invited to attend an official dinner at the premises of the

embassy of State A in the capital city of State B. At the dinner X was physically assaulted

by Y, who is the Head of State A’s diplomatic mission accredited to State B. The assault

caused X serious personal injury. X has commenced proceedings in the Supreme Court of

State B in tort against Y and State A to recover damages for the personal injury.

Give a legal opinion as to the jurisdiction of the court over the respective defendants.

What would your opinion be, if Y was an unmarried 18 year old son of the Head of the

diplomatic mission of State A, accredited to State B, and was a student at a local

university of State B but who used to live, during weekends, with his parents at the

diplomatic residence?

(15 marks)