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PUBLIC INTERNATIONAL LAW 1 SEM I 0809
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    PUBLIC INTERNATIONAL LAW 1 SEM I 0809 PUBLIC INTERNATIONAL LAW 1 SEM I 0809 Document Transcript

    • END-OF-SEMESTER EXAMINATION SEMESTER I, 2008/2009 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Third / Study Fourth Reading Time : 2.30 p.m. – 2.45 p.m. Date : 30.10.2008 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 3910/ 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. REFERENCE ALLOWED Basic Documents in International Law 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
    • 2 QUESTION 1 (a) Discuss the enforceability of international law. (8 marks) (b) Do you agree with the view that individuals possess international legal personality? Critically comment. (7 marks) QUESTION 2 (a) ‘If a treaty conflicts with a custom and the treaty is later in time than the custom, subject to the operation of rules of jus cogens, the treaty will prevail. This is because treaties represent a deliberate and conscious act of law creation.’ Examine critically the above statement with reference to the relationship between treaties and customary international law. (9 marks) (b) Explain how soft law contributes to the development of international law rules. (6 marks)
    • 3 QUESTION 3 “The courts acknowledge the existence of a body of rules which nations accept among themselves. On any judicial issue they seek to ascertain what the relevant rule is, and having found it they will treat it as incorporated into the domestic law so far as it is not inconsistent with rules enacted by statutes or finally declared by their tribunals.” (Per Lord Atkin in Chung Chi Cheung v. R [1939] AC 160; 9 ILR 264) Comment on the above dictum and discuss the dominant doctrine on the applicability of customary international law in the United Kingdom. (15 marks) QUESTION 4 In 1800, Captain Green, a naval officer of the State of Ruritania, discovered an uninhabited island, 1,000 nautical miles from Ruritania. He proclaimed and declared that the sovereignty of the island, which he named “Green Island”, beginning from that date belonged to Ruritania. Captain Green had made careful and minute geographical notes but he and his crew were unsuccessful in their attempts to land on the shore of the island. They left the island without leaving therein any sign of sovereignty. However, Captain Green officially informed the event to the government of Ruritania who published it in local journals.
    • 4 Beginning from 1850, fishermen from Arcadia, a State located some 300 nautical miles from the Green Island, began to fish in the coastal waters around it and established a fishing village there. In 1860, when guano was discovered in the Green Island, more people from Arcadia moved to the Green Island. Beginning from 1865, officials from Arcadia went to the island every year to collect taxes from the inhabitants. In 1900, Arcadia drew a map in which the island – which Arcadia named “Guano Island” - was included in the territory of Arcadia. Since the year 2000, when oil was discovered in the island, both Ruritania and Arcadia have been making competing claims on sovereignty over it. Discuss the legal position. (15 marks) QUESTION 5 Mr. X is a citizen of State A. In 2007, he hijacked an aircraft while it was over the Mediterranean Sea. The aircraft was owned and operated by an airline incorporated in State B. Mr. X threatened the pilot of the aircraft and ordered him to fly the aircraft to State C. When the aircraft landed there, he announced that he would kill all the passengers from the aircraft unless State D set free a number of convicted terrorists. State D met his demands. Mr. X then set free the passengers. As part of the deal, State C granted Mr. X safe passage out of State C. Most of the passengers on the aircraft, which
    • 5 Mr. X hijacked, were from State E. Mr. X was later arrested by State E’s police while he was in State E. Which country can claim jurisdiction over Mr. X on what principle of international law? Discuss. (15 marks) QUESTION 6 The State of Machoville does not have good relations with the State of Ruritania and the State of Wadadli, but it maintains diplomatic relations with both States. Machoville suspects that Ruritania is using its embassy to support the growing opposition in Machoville. One day, the Machovillian police stop and search the Ruritanian Ambassador while he is being driven to the embassy. They do not find anything incriminating but proceed to search the embassy anyway. They find large supplies of machine guns and rocket launchers; Ruritania says it is normal diplomatic practice for embassies to possess such weapons for self-defence. Machoville also learns that the Wadadli embassy is harbouring the leader of the opposition. The Machovillian army surrounds the embassy and, in an attempt to force the leader of the opposition to give himself up, they play music very loudly for a week. Machoville declares the Head of the Wadadli Mission persona non grata and when he emerges from the embassy two weeks after it was first surrounded, he is arrested and charged with subversion. Discuss the legal position. (15 marks)