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  1. 1. END-OF-SEMESTER EXAMINATION SEMESTER I, 2008/2009 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Fourth Study 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. 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 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to the spirit of the treaty that State L is unable to accept State K’s ratification as valid until that statement is withdrawn’.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. (15 marks)
  3. 3. 3 QUESTION 2 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. (15 marks)
  4. 4. 4 QUESTION 3 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 crew. Advise the Foreign Minister of Malaysia as to the legal position. (15 marks)
  5. 5. 5 QUESTION 4 (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. (7 marks) (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.” Discuss. (8 marks)
  6. 6. 6 QUESTION 5 (a) Briefly explain the principal methods of peaceful settlement of disputes as listed in the United Nations Charter. (9 marks) (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? (6 marks) QUESTION 6 “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. (15 marks)