PUBLIC INTERNATIONAL LAW 2 SEM I 08.09 Document Transcript
SEMESTER I, 2008/2009 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Fourth
Reading Time : 9.00 a.m. – 9.15 a.m. Date : 1.11.2008
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 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.
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.
In 2004, twenty States concluded the Treaty on the Suppression of Money Laundering.
Article 2 of the treaty requires parties to the treaty to make money laundering a criminal
offence. Article 3 imposes on each party an obligation either to prosecute, or else to
extradite to a State which requests it, any person found within its territory whom there is
reasonable cause to suspect of having committed acts of money laundering. Article 12
provides that the treaty will enter into force once it has been ratified by ten States.
In January 2007, State K sent an instrument of ratification to the depositary. This
instrument includes a statement to the effect that, notwithstanding its ratification of the
treaty, State K is to remain free not to apply Articles 2 and 3 to persons who are engaged
in a struggle of national liberation. State K is the tenth State to send to the depositary an
instrument ratifying the treaty. In June 2007, State L, which ratified the treaty in 2005,
sent to the depositary a letter stating that the statement contained in State K’s instrument
of ratification is ‘so repugnant to the spirit of the treaty that State L is unable to accept
State K’s ratification as valid until that statement is withdrawn’.
Advise State M:
(i) whether the treaty is now in force, and
(ii) what are the actual or potential effects of State K’s statement and State L’s note.
Muhammad Daud was born in Malaysia in 1956 and lived and worked here as a civil
engineer until 1999. In June 1999, he went to Moldavia to do business. In August 2006,
the Moldavian government nationalised, without giving any compensation, the assets of a
company in which Muhammad Daud 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, Muhammad Daud 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, Muhammad Daud has written to the Ministry of Foreign Affairs of
Malaysia, requesting the Malaysian government to initiate international claims against
Moldavia in respect of mistreatments of him by Moldavian authorities, as well as in
relation to loss of the company in which he was the majority shareholder.
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.
The Morning Lili, 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
Morning Lili 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 catch up with The Morning Lili on the high seas and
signalled her to stop. After the crew gestured rudely, the naval vessel fired warning shots
across The Morning Lili’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 Morning Lili entered the territorial sea of State A.
In accordance with the Extradition Treaty between Malaysia and State A, the Malaysian
government now wants to request the latter to extradite the crew of The Morning Lili 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 Morning Lili and injury to its
Advise the Foreign Minister of Malaysia as to the legal position. (15 marks)
(a) The newly independent state of Boromir has just been accepted as a member of
the United Nations. Its population is composed of Hittites, Neofites and the
majority Boromites. Its foreign minister is concerned that its new Boromite
government might be brought before international courts because of widespread
discrimination against Hittites.
You are the foreign minister’s new advisor for UN affairs. Explain to him what
provisions of the Charter of the United Nations would be relevant and how they
could be enforced.
(b) “The current veto of the permanent members of the Security Council is
indispensable. There is no other way of running the United Nations effectively.”
(a) Briefly explain the principal methods of peaceful settlement of disputes as listed
in the United Nations Charter.
(b) What do you understand by the notion of the so-called ‘compulsory jurisdiction’
as enshrined in Article 36(2) of the Statute of the International Court of Justice?
“The UN Charter clearly outlaws all use of force other than in the terms specifically
sanctioned by the Charter itself.”
Discuss the above statement and illustrate your arguments in reference to any two
conflicts since 2001.