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    • INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA END-OF-SEMESTER EXAMINATION SEMESTER I, 2011/2012 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Third Study 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 Law II 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. REFERENCES 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 QUESTION 1 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 silent. Discuss the effect of the reservation by Imanland on the relations between the States that have ratified the treaty. (15 marks)
    • 3 QUESTION 2 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 Everland. 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 Enterprises. Advise Neverland. (15 marks)
    • 4 QUESTION 3 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. (15 marks) QUESTION 4 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? (15 marks)
    • 5 QUESTION 5 Explain the composition, functions and limitations of the following organs of the United Nations: (a) the Security Council; (8 marks) (b) the International Court of Justice. (7 marks) QUESTION 6 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. (15 marks)