PUBLIC INTERNATIONAL LAW 2 SEM II 1112

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PUBLIC INTERNATIONAL LAW 2 SEM II 1112

  1. 1. INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA END-OF-SEMESTER EXAMINATION SEMESTER II, 2011/2012 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Third Study Reading Time : 9.00 a.m. – 9.15 a.m. Date : 8.6.2012 Duration : ( 15 minutes ) Answering Time : 9.15 a.m. – 12.15 p.m. Section(s) : All Sections Duration ( 3 hours ) Course Title : Public International Law II Course Code : LAW 3911 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. REFERENCES ALLOWED Basic Documents on Public 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. 2. 2 QUESTION 1 In 2010 the State of Loosea concluded a bilateral Treaty to Establish a Maritime Boundary and to Equitably Resolve Resource Questions with the neighbouring State of Vincy. The Treaty draws an East-West boundary between the two states, dividing their waters and continental shelves with an equidistance line (a line drawn by measuring out an equal distance from the closest point on each state’s coast). The Treaty provides in Article 17 that “Each state has full sovereignty over all of the resources it extracts from its side of the maritime boundary line”. In 2011 Loosean oil prospectors discovered a huge oil and gas deposit one mile north of the boundary line (on the Loosean side). They commenced exploiting these resources. The Vincy Ministry of Energy is notified by a third party that the vast majority of the oil and gas being exploited by Loosea is primarily on the Vincy side of the line, but as a result of the layout of the seabed the reservoir of resources can be siphoned off by the Loosean oil rigs. Vincy does not have the technical ability to exploit its oil and gas resources at this time, but is deeply concerned that its sovereign deposits are being exploited by others. Vincy wishes to suspend or terminate the Treaty, or, in the alternative, to sever Article 17, which it now deems prejudicial to its interests and as incompatible with the object and purpose of the Treaty.
  3. 3. 3 An ad hoc arbitration is commenced between the two states. During initial proceedings, Vincy lawyers discover that: (1) Loosean oil experts knew about the reservoir lying between their two states and the potential to siphon it off from the Loosean side of the boundary, prior to the conclusion of the Treaty; (2) the Vincy head boundary negotiator’s daughter had received a number of threatening phone calls during the course of the Treaty negotiations and had notified her father; and (3) the official who signed the Treaty on behalf of Vincy, namely: the Permanent Secretary of the Ministry of Education, did not have competence to do so under the laws of Vincy. You are the arbitrator. Decide. (15 marks)
  4. 4. 4 QUESTION 2 Mr. A, a photojournalist from State X, was covering the violent protests longed by the Y Freedom Movement in Cristina, the capital city of State Y. Despite warnings given by the Prime Minister of State Y to foreigners, especially journalists, Mr. A moved around Cristina. In the course of his coverage, he was killed by a stray bullet which was later identified as having come from the ranks of the Y Freedom Movement. The wife of Mr. A sought relief from the authorities of State Y but was refused assistance. i. Is there state responsibility on the part of State Y? ii. Would your answer be different if the Y Freedom Movement succeeds and forms its own government in State Y? iii. Assuming the responsibility of State Y is established, what is the appropriate remedy available to the victim’s family under international law? (15 marks) QUESTION 3 To what extent is it accurate to say that the only scope for the legitimate use of force by States under international law outside the framework of the United Nations Organisation is in the exercise of the right of self-defence in terms of Article 51 of the Charter of the United Nations? (15 marks)
  5. 5. 5 QUESTION 4 How is law and order maintained on the high seas? How does the international community deal with piracy jure gentium? (15 marks) QUESTION 5 Elaborate the right to freedom from torture in the International Covenant on Civil and Political Rights 1966. What are the requirements that must be fulfilled before a tortured individual may make a complaint to the Human Rights Committee? (15 marks) QUESTION 6 Write extensively on the veto power. In your answer, explain how was it conferred to the permanent members of the Security Council? What are its merits? Why has it been criticised? (15 marks)

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