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LW/APR2006/LAW510

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

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PUBLIC INTERNATIONAL LAW I LAW510 APRIL 2006 3 HOURS

INSTRUCTIONS TO CANDIDATES 1. 2. 3. 4. 5. This question paper consists of seven (7) 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

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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QUESTION 1

Critically analyse the following statement and state how far would you agree with it. "International law is not true law but merely a type of international morality." (25 marks) QUESTION 2 "Customary international law and treaty law are so mingled that you cannot discuss one without referring to the other." Discuss. (25 marks) QUESTION 3 State the entities that are considered subjects of international law and discuss whether increased interaction among states and other actors in times of globalization would merit an expansion of the entities that are granted this status. What would the consequences of such an expansion imply? (25 marks) QUESTION 4 During a revolt in the colony of Pelapus, the Ramas Liberation Front (RLF) has seized control of all telecommunications network and all public transportation and has since proclaimed independence and that the RLF shall be the newly formed government of the United Kingdom of Pelapus. The newly formed government announced that amongst its first acts was to resettle the nomadic minority ethnic group known as the Moon Tribe to the barren lands of the Manasaja desert which borders Pelapus and the neighbouring state of Tut Tut. Subsequently the Moon Tribe, numbering approximately 3,000 people seek the assistance of the government of Tut Tut to establish the state of Moon but due to their nomadic nature, the Moon Tribe do not wish to form their own government but seek the Tut Tut government to assist in the administration and establishing a legal system within this newly formed state. The government of Tut Tut agrees to this arrangement but only for a period of 15 years when the Moon Tribe will be ready to administer their own State. The Government of Tut Tut and the Head of the Moon Tribe sign an agreement to this effect. Due to the extensive international media coverage of the resettling of the Moon Tribe, very few states have recognised the United Kingdom of Pelapus or its government. The Foreign Minister of Pelapus has stated in the Legislative Council that 'recognition is irrelevant in the modern world and Pelapus can easily survive without it.'

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LW/APR2006/LAW510

Assess the legal accuracy of the Foreign Minister's statement; and the legal implications that arise between the Government of Tut Tut and the Moon Tribe. (25 marks)

QUESTION 5 During a private visit to Utopia, General Rocket, an army officer from Gormenghast, was arrested on charges of complicity in genocide and/or murder with respect to the deaths of some fifty Utopian nationals killed in 1992 during a military coup in Gormenghast. Utopian law provides that the courts of Utopia have jurisdiction over any person accused of the murder of a Utopian national wherever committed and over any person accused of a crime contrary to international law. Gormenghast similarly claims jurisdiction to try foreigners accused of the murder of Gormenghast nationals, but it makes no provision for trying those accused of genocide. Utopia is a party to the 1948 Genocide Convention. Gormenghast is not. Gormenghast denies that Utopia has jurisdiction to try the general for these crimes, but it does not claim that the general is immune from prosecution. Isabella, the Utopian wife of one of those allegedly killed during the coup, commences a civil action in the Utopian High Court against the Government of Gormenghast. She claims damages with respect to the death of her husband. A Latin American Convention on State Immunity adopted in 1884 provides that states are absolutely immune from civil proceedings before the courts of other states. Gormenghast is a party to the Convention, as are ten other states. Utopia is one of a number of European states which think that the Latin American Convention gives too broad an immunity to these states. Utopian law provides that foreign states, or their servants or agents, enjoy immunity from legal proceedings in accordance with international law. Gormenghast claims immunity from jurisdiction under international law. Advise Utopia: a) whether it has jurisdiction under international law to try General Rocket for the crimes of genocide or murder, AND b) whether international law entitles Gormenghast to immunity with respect to the civil action for damages. (25 marks)

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QUESTION 6

Manaboleh, Sayapunya and Indosebok are three states that are members of the United Nations. All three states are now claiming sovereignty over an island in the South China Sea, called Pulau Hantu. They base their claims on the following: Some fishermen from Manaboleh discovered Pulau Hantu in 1440. From 1500 onwards; Sayapunya fishermen began to fish in Pulau Hantu's coastal waters and formed a small coastal village on the island. In 1962 Indosebok concluded a treaty with its colonial power, The Neverlands, whereby Pulau Hantu was transferred to Indosebok until "the Sun rises in the West and sets in the East". Ever since it gained independence in 1963, Indosebok has claimed for itself the territorial sea of Pulau Hantu. Greatly upset over construction and mining activities being carried out in Pulau Hantu, Manaboleh sent its Navy in 2005 to defend their island and the territorial sea. Since then, Sayapunya fishermen could no longer fish in those waters and these fishermen have asked the Sayapunya government to intervene immediately. The Government of Indosebok could not defend Pulau Hantu because its navy could not match the strength and size of the Manaboleh navy. Manaboleh has since annexed Pulau Hantu. With reference to decided cases, prepare a report on the legal implications that arise and evaluate the strength of the claims of the three States to Pulau Hantu under international law. (25 marks)

QUESTION 7 Article 1 of the Draft Articles on State Responsibility which was adopted by the International Law Commission in 2001 provides that: "Every international wrongful act of a state entails the international responsibility of that state." Discuss what is considered a wrongful act and the means of reparation that are available in international law. (25 marks)

END OF QUESTION PAPER

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