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LW/OCT 2010/LAW510/429

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

INTERNATIONAL LAW I / PUBLIC INTERNATIONAL LAW I LAW510/429 OCTOBER 2010 3 HOURS

INSTRUCTIONS TO CANDIDATES

This question paper consists of THREE (3) parts :

PART A (5 Questions) PART B (2 Questions) PARTC(1 Question)

Answer ALL questions PART A, PART B and PART C in the Answer Booklet. Start each answer on a new page. Do not bring any materials into the examination room unless permission is given by the invigilator. Please check to make sure that this examination pack consists of: the Question Paper i an Answer Booklet - provided by the Faculty of Law ) Compilation of Conventions - provided by the Faculty of Law

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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CONFIDENTIAL PART A

LW/OCT 2010/LAW510/429

QUESTION 1 Debate the efficacy of international law in the international arena. (6 marks) QUESTION 2 Distinguish between de facto and dejure recognition of governments. (6 marks) QUESTION 3 Summarise the five internationally recognised bases for state jurisdiction. (6 marks) QUESTION 4 Explain the significance of the Filartiga v Pena Irala (1980) 630 F2nd 876, in International law. (6 marks) QUESTION 5 State three main rules of interpretation of a treaty in international law. (6 marks)

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LW/OCT 2010/LAW510/429

PARTB

QUESTION 1 Demonstrate an understanding of international law's prespective of "state territorial sovereignty" towards its subjects as demonstrated in Attorney General of Isreal v Eichmann [Criminal Case No 40/1961]. (20 marks) QUESTION 2 The Sahara Desert is a vast area of sand of 266,000 square kilometres mainly consisting of desert flatlands in the middle of Africa. The Desert is inhabited by 50 000 nomads living in and around a small town of Layoune near the Southern border of Zorroland . In 1874, Spartan soldiers who passed through the Sahara Desert named the vast area as Spartan Sahara. The Spartan soldiers also referred to the nomads as the Spartana. In 1884 the Spartana were asked to declare their allegiance to King Mana of Spartanland. Spartanland is located to the north of the desert and since 1884, the desert was considered as part of the territory of Spartanland. However the extension of territory was never recorded in any map of Spartanland. In 1895, the King of Zorroland launched the "Zorro Sandy March", whereby some 300 people marched several kilometers from the border of their territory towards the town of Layoune in order to claim that the Sahara Desert was part of the territory of Zorroland. In 1920, after the World War I, the League of Nations declared that the Sahara Desert to be a non-self-governing territory in order to preserve the freedom of movement within the Desert. In 1969, with news of the defeat of King Mana, the nomad population formed a Saparawis Front Movement as to be a separatist, self-determination movement for Sahara Desert with a view to establishing a new State for Sahara desert to be called The Saparawi State. The Kingdom of Zorroland and the King of Spartanland, together with several other local Arab governments in Africa strongly reject the establishment of the Saparawi State. The Saparawis Front Movement claims that the Saparawi State is a new independent state that has sovereignty over the vast areas of Sahara Desert. The new State imposes a levy on anyone passing through the Sahara Desert. In order to resolve the issue of sovereignty of the new State of Saparawi, the United Nations legal department attempts to hold a discussion to determine the legal status of the Sahara Desert prior to the declaration of statehood by the Saparawis Front Movement. You are to assist the legal department by preparing a report of your findings. (20 marks)

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CONFIDENTIAL PARTC QUESTION 1

LW/OCT 2010/LAW510/429

In 1994 the Sultan of Jamu signed a treaty with The Governor of Rempah Settlement State that the State of Jamu will supply 100,000 gallons of water per week to the people of the Rempah State. In order to do so, the State of Jamu will build a new dam and a new pipeline to the Rempah State. The main provisions of The Jamu-Rempah Dam-Pipeline Treaty 1994 states that: Article 14 : Extension of time can be awarded to the contractors by either Government of the State parties, only if a state of necessity occurs in accordance with international law principles. Article 15: State parties are allowed to vary their responsibility to enable the parties to achieve the main aims of the said treaty if any change of circumstances occurs. Article 16: Payment will be made to the appropriate contractors provided that both State Engineers are satisfied with the quality of the work done. The Dam-Pipeline Project was awarded to two contractors. The Cengkih Project Sdn. Bhd is to build the dam on the River Rempah-Jamu which is situated at the border of both states. The other contractor, Pala Contractor Co. Ltd. whose registered address was in Rempah State is to build the pipeline. According to the contractors the Dam- Pipeline project will take around five years to complete. In 1996 Sultan Jamu was defeated by a communist troops and a new Jamu Communist Government was established. The new government decided to allow the same contractors to continue the Pipeline project. In 1997, Rempah State also had a change of government. The new Rempah Government also allowed the same contractor to continue their work. In 1998, the Cengkih Project Manager asked for an extension of time of the project due to some problems. Their construction works were made difficult by a public movement opposing the construction of the Dam. The Dam is considered as a danger to the Jamu Forestry environment. The extension was not granted by the new Governments. The Cengkih Project Manager cannot get enough workers to continue the work, so the construction work was left abandoned. Meanwhile, the Pala Contractors in completing their work on the pipeline decided to build separate Pump Stations in order to force the supply of water into the pipeline. The Rempah State Engineer allowed the construction of the Pump Stations and authorized the payment to be made at the end of the month. The Jamu State Engineer objected to the authorization of the payment and sought an injuction to freeze any payment. Both the contractors wish to take legal action against the two State governments. You are to advise all the parties involved and prepare a draft of the salient legal issues in the interpretation of the treaty above in order to resolve the dispute. (30 marks) END OF QUESTION PAPER
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