PUBLIC INTERNATIONAL LAW 2 SEM I 1112Document Transcript
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
SEMESTER I, 2011/2012 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Third
Reading Time : 2.30 p.m. – 2.45 p.m. Date : 05.01.2012
Duration : ( 15 minutes )
Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections
Duration ( 3 hours )
Course Title : Public International 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 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.
The State of Islamland hosts a multilateral conference to prohibit and punish defamation
of religion. At the end of the conference, a treaty named the Convention on Prohibition
of Defamation of Religion is concluded. The treaty obliges States parties to pass national
law to prohibit and punish blasphemous acts which injure religious feelings of people.
Article 10 of the treaty provides that a suspect must be given the right to a fair trial, while
Article 20 thereof prohibits death sentence. A provision of the treaty makes it binding
upon ratification. The treaty which comes into force one year after the conference does
not expressly prohibit reservation.
When the Muslim State of Imanland deposits its instrument of ratification, it declares that
the treaty does not preclude it from punishing a person who blasphemes Prophet
Muhammad with death sentence without trial. Islamland and the State of Ruritania object
to this declaration on the basis that it constitutes a reservation incompatible with the
treaty. The State of Equatoria also objects to this declaration on the same basis and adds
that the treaty does not enter into force between itself and Imanland. Other States keep
Discuss the effect of the reservation by Imanland on the relations between the States that
have ratified the treaty.
Mr. Green is a national of the State of Noland and of the State of Neverland. He has
residences in both States, but his children are given education in Noland. He has
incorporated a company, XYZ Enterprises, in Noland. A national of Jumboland is the
majority shareholder of XYZ Enterprises. In addition to conducting business activities in
Noland and Neverland, the company has business premises and factories in the State of
One day, Mr. Green is in Everland for business purposes. At that time, a sensitive issue
has arisen between Noland and Everland, and Everlanders are holding anti-Noland
demonstrations. The demonstrators attack the business premises and factories of XYZ
Enterprises, destroying the manufactured goods and occupying some of the premises. In
one of the attacks, Mr. Green is injured. When his workers bring him to a State hospital,
the doctors refuse to medically treat him.
After the incident, Mr. Green and XYZ Enterprises bring actions in the High Court of
Everland against the demonstrators but they are unsuccessful. Mr. Green’s suit against
the doctors and the hospital is also dismissed by the High Court.
Noland does not want to jeopardise the chance of solving the conflict with Everland by
bringing international claims against Everland on behalf of Mr. Green and XYZ
Enterprises. Neverland asks for your advice on whether it can bring international claims
against Everland in the International Court of Justice on behalf of Mr. Green and XYZ
Tito is a fishing vessel flying the flag of the State of Mumboland. Tito is catching fishes
210 miles from the Malaysian baselines, closely watched by KD Badang, a Malaysian
Naval vessel. Subsequently, Tito moves to an area 180 miles from the baselines, and
continues to catch fishes. KD Badang proceeds to the area and, when the two vessels are
within hailing distance, signaled to Tito to stop. Neglecting the order, Tito speeds up to
the open sea but is pursued by KD Badang. Tito is caught up by KD Badang on the high
seas. The crew of the fishing vessel fire upon the naval vessel with machine guns. KD
Badang responds by firing back with its own gun, resulting in the sinking of Tito and the
injury to one of its crew. The crew of Tito are brought before the Magistrate court which
sentences the crew to imprisonment for six months.
Discuss whether the acts of Malaysia are in accordance with the law of the sea.
Elaborate the right of an individual to liberty under the International Covenant on Civil
and Political Rights 1966. To what extent is the right to liberty guaranteed in the
Malaysian Federal Constitution?
Explain the composition, functions and limitations of the following organs of the United
(a) the Security Council;
(b) the International Court of Justice.
The State of Waterland is critical of the State of Airlando for oppressing the human rights
of its own people. There is a group of rebels fighting the government of Airlando, and
Waterland provides them with weapons and ammunitions. When Airlando detains a
journalist who is a national of Waterland, Waterland sends into Airlando a group of
commandos to rescue the journalist. After skirmishes at the border following the rescue
operation resulting in the death of many of its soldiers, military aircrafts of Waterland
bombs the capital of Airlando. When Airlando reacts to the bombing by detaining tens of
opposition leaders, Waterland threatens that it will invade Airlando to provide a
humanitarian mission to the people of Airlando and to effect a regime change.
Discuss the legal position of each of the acts of Waterland. In your answer, explain
whether any of the acts of Waterland gives rise to the right of self-defence to Airlando.