PUBLIC INTERNATIONAL LAW 2 SEM I 07.08

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PUBLIC INTERNATIONAL LAW 2 SEM I 07.08

  1. 1. END-OF-SEMESTER EXAMINATION SEMESTER I, 2007/2008 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 : 5.11.2007 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 II Course Code : LAW 4611 This Question Paper Consists of 6 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. 2. 2 QUESTION 1 Mr. Know All, the Minister of Foreign Affairs and Marine Matters for State A, attends a multilateral conference to end marine pollution, held at State B. He is authorised to attend the conference by his government, but only as an observer. At the end of the conference, a Pact to End Marine Pollution is drawn up and opened for signature. Article 42 of the Pact requires any State that has engaged in marine dumping to (a) clean it up and (b) pay a fine into the Marine Conservation Fund. Article 63 of the Pact makes the Pact binding upon “acceptance.” The requisite number of States becomes parties to the Pact and it immediately comes into force. Mr. Know All is so excited about the Pact that he signs it on behalf of State A and personally thanks the Prime Minister of State B for hosting the conference. When he returns home to State A, he shows his President a copy of the Pact. The President is furious with him because he has ordered a cargo vessel to dump a shipment of toxic waste into the high seas at the request of a neighbouring State. If the waste is not dumped as agreed he will have to return the new Mercedes Benz he received as a gift. The President decides to ignore the Pact for another month and go ahead with the toxic dump. State B witnesses this act of dumping with its spy satellite and brings a claim against State A to the ICJ for breach of the Pact. In the alternative, State B claims that Article 42 of the Pact has created binding customary international law. Both States have accepted the compulsory jurisdiction of the ICJ. Advise the Court as to whether State A will be liable, and if so, upon what basis. (15 marks)
  3. 3. 3 QUESTION 2 Ahmad was born in Malaysia in 1956 and lived here until he was 43 years of age. On reaching that age, he went to work as a civil engineer in Moldavia. In 2006, the Moldavian government nationalised, without giving any compensation, the assets of a company in which Ahmad held 83 % of the shares. Although the company carried out its business in Moldavia, it was for fiscal reasons incorporated in Aristonia. In an attempt to resist the seizure of the assets, Ahmad sustained injury at the hands of two Moldavian police officers who subsequently arrested him. Following his arrest, he was imprisoned without trial for two years. Throughout his detention he was held in a small cell and all his requests to have access to an English-speaking lawyer were denied. The Malaysian Consulate in Moldavia was not informed of his detention. On his release from prison, Ahmad has written to the Ministry of Foreign Affairs of Malaysia, requesting the Malaysian government to initiate an international claim against Moldavia on his behalf. You are a legal adviser with the Ministry of Foreign Affairs. Advise the Minister in respect of the issues to be addressed on the basis of the law of State responsibility. (15 marks)
  4. 4. 4 QUESTION 3 The Five Star, a ship registered in State A, leaked oil all the way while passing through the Malaysian territorial sea, which resulted in the pollution of the sea waters and the death of a large quantity of fish. A Malaysian Naval Patrol vessel approached The Five Star and two naval officers got onboard the vessel. When the naval officers declared that the ship and crew were under arrest on ground of violation of the Malaysian laws, the crew resisted, punched and pushed the two officers overboard and raced their vessel away from the Malaysian shore. The Malaysian naval officers pulled themselves out of the water, got onboard the naval vessel and gave chase. They caught up with The Five Star on the high seas and signaled the same to stop. After the crew gestured rudely, the naval vessel fired warning shots across The Five Star’s bow. Unfortunately, one of the shots hit the starboard side of the vessel, caused damage to it and injured three members of the crew. The naval vessel gave up the chase when The Five Star entered the territorial sea of State A. In accordance with the Extradition Treaty concluded between Malaysia and State A, the Malaysian government now wants to request the latter to extradite the crew of The Five Star for offences in violation of the Malaysian laws. State A also would like to make an international claim against Malaysia for the unlawful exercise of hot pursuit and for the excessive use of force which resulted in damage to the Five Star and injury to its crew. Advise the Wisma Putra as to the legal position. (15 marks)
  5. 5. 5 QUESTION 4 (a) “International Human rights law has evolved over the years to protect human beings everywhere. However, the effectiveness of this law depends on its enforcement which is often neglected by the States.” Discuss. (7 marks) (b) “The current United Nations Security Council’s membership and institutional structures, replicating the outdated geopolitical realities shaped by the world of 1945, do not reflect the reality of today’s world. The present world, which is torn by war and violence, needs a far better Security Council to promote international peace and security and defend international law.” Discuss. (8 marks)
  6. 6. 6 QUESTION 5 By what means and subject to what conditions may States express their consent to the exercise of jurisdiction by the International Court of Justice? Support your answer with reference to the relevant provisions of the Statute of the International Court of Justice and decided cases (15 marks) QUESTION 6 One of the central features of the classical system of international law was the right of States to use force and go to war as this was considered part of their sovereignty and equality. Nevertheless, the prohibition of the use of force has been enshrined in the Charter of the United Nations as a cardinal principle of the contemporary international law. How do you understand this principle of the non-use of force? Are there any exceptions to it? Support your answer with reference to the relevant provisions of the UN Charter and international judicial decisions. (15 marks)

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