INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
SEMESTER II, 2011/2012 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Third
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.
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.
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.
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.
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?
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
How is law and order maintained on the high seas? How does the international
community deal with piracy jure gentium?
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?
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