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LW/APR 2008/LAW510/429

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE

INTERNATIONAL LAW I / PUBLIC INTERNATIONAL LAW I

COURSE CODE EXAMINATION TIME

: LAW510/429 : APRIL 2008 : 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. 2. 3.

This question paper consists of seven (7) questions. Answer any four (4) questions 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 i) ii) iii) check to make sure that this examination pack consists of: the Question Paper an Answer Booklet - provided by the Faculty Compilation of Conventions will be provided by the Faculty of Law

4.

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

This examination paper consists of 5 printed pages Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

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LW/APR 2008/LAW510/429

QUESTION 1

"The greatest weaknesses of international law lie in its lack of legislature, its lack of compulsory jurisdiction and its lack of sanctions". Discuss. (100 marks) QUESTION 2 Answer both (a) and (b). (a) Analyse the relationship between treaties and customary international law. (50 marks) (b) Art. 38(1) (c) of the Statute of the International Court of Justice (ICJ) provides that the ICJ to consider general principles of law recognized by the civilized nations. With the support of the relevant authorities, illustrate how the ICJ has applied such general principles of law in its decisions. (50 marks)

QUESTION 3 The State of Jewel is a state rich in gold and situated in the very volatile region of the Gulf. Insurgent groups are common in the Gulf as they are fighting for communist system of government to ensure social justice for the poor. In order to protect itself, the State of Jewel asked to become a French protectorate in 1900. Since then the State of Jewel has developed itself and managed to engage in international relations with Germany and Holland. In 1950, an insurrectionary group, Go Swastikas, launched a series of bomb attacks in the Diamond province at the northern part of Jewel. With the help of the State of Jealous and the poor locals, Go Swastikas took control of the entire Diamond province. Go Swastikas now seeks admission to the United Nations as a member state arguing that they have fulfilled the criteria under Article 1 of the Montevideo Convention. As a respected international lawyer, you have been asked to advise on the following: a) the position of the State of Jewel under international law; and (50 marks) b) the legality of Go Swastikas as the governing body of Diamond and whether international law regards Diamond as a state. (50 marks)

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QUESTION 4

State Angin and State Ribut are members of the United Nations. Once a unified territory, they were divided into two nations by their Colonial Power and were both granted independence in 1945. Both states now claim a small geographical area called Hujana measuring 400 square miles with a nomadic population of less than 8000 inhabitants. Hujana is ruled by a nomadic chief and was once part of the unified territory. The Colonial Power had constitutionally positioned Hujana within State Angin and State Ribut had objected to this arrangement since gaining independence in 1945. State Angin has been responsible for the defence, security and political integrity of Hujana including undertaking responsibility for Hujana's financial burdens since 1945. State Angin has also granted constitutional rights and duties to the residents of Hujana. State Angin's stance over Hujana has been consistently affirmed in several diplomatic correspondences, public announcements to the international media and in their Yearbook of International Law. Recently, State Ribut addressed the United Nations General Assembly where it laid territorial claim and sovereignty over Hujana. The United Nations General Assembly noted State Ribut's claims and several states supported and recognised State Ribut's claims. Hujana has expressed to the United Nations General Assembly that it would like to be an independent state and seeks legal recognition. Assess the following: a) b) The strength of the claims of State Angin and State Ribut (50 marks)

The ability of Hujana to exist as an independent state. Include in your advice how Hujana may seek legal recognition from other states. (50 marks)

QUESTION 5 "In order to see how the law of nations defines jurisdiction for every state, we have to ask what forms it takes and where and over what people or things it can be exercised. A critical discussion must here be made between the authority to make rules governing persons or things and the authority to enforce them: in other words, between the basis of jurisdiction and the exercise of jurisdiction." (J.E.S Fawcett, The Law of Nations, 1991, 2nd ed., G.B. Penguin Book Ltd at page 62) With reference to decided cases, give a critical evaluation of the above statements. (100 marks)

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QUESTION 6

Samsul is a Malaysian diplomatic staff of the Malaysian embassy in Hentamland. He lives with his wife Minah and their 3 children, Ahmad, Ali and Anisah in an exclusive apartment building belonging to the Malaysian government. Most of the other diplomatic staff of the Malaysian government also live in the same building. As a former corporate lawyer, Samsul has been occasionally engaged to undertake consultancy work by a famous international law firm in Sempoi, the capital of Hentamland. One day, Samsul was assigned to draft a contract between a Hentamland company owned by the most notorious gangster in Hentamland and a foreign alcoholic beverage supplier. Samsul was given only one week to complete the draft contract as per the client's instructions. However, one month has elapsed and the draft contract has still not been completed. The multinational law firm informs Samsul that they are preparing to terminate his services and to take legal action against him including making a claim for damages for their losses. A warrant of arrest is issued against him for unlawfully working in Hentamland without legal permission from the Hentamland authorities. A search warrant was also issued, authorising the police to enter his home and seize any incriminating materials in his residence. In the meantime, his son Ahmad and his girlfriend Bimbona, the daughter of the Malaysian Ambassador, is arrested for possessing and consuming drugs while at a party in one of Sempoi's top clubs. While out shopping with her friends, Anisah lost control of her car, knocked down a 12 year old boy and killed him. Her car was towed away by the police and kept in its compound. Minah owns a boutique in Sempoi selling Malaysian batik and craft. As her business has not been doing well for the last six months, she has not been able to pay the rent for the premises. The landlord of the premises has instituted legal action against Minah claiming the unpaid rent for the last six months. As an officer in the international division of the Attorney General's office, draft a legal brief on all the relevant legal issues and the possible defences that the relevant parties may rely upon. (100 marks)

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QUESTION 7

Jackie and Chan are successful actors in the state of Noland. Jackie was born and bred in Holly, but like his parents, he also holds Bolly nationality. Chan was born in Nowood but has moved to Noland since he was fifteen. He has always considered himself as Nolanders. Jackie and Chan have established a production company and have jointly owned properties which they let to the locals. Recently, a series of riots have taken place in Noland as the locals are not satisfied with the special treatment given to the foreigners. Most of the foreigners' properties have been damaged, including those of Jackie's and Chan's. The government of Noland has declared a state of emergency and has issued a decree to expropriate all foreigners' assets and shall provide compensation of 50% of the market value of those assets. Advise Jackie and Chan on possible claims that may arise under international law in consequence of the above events. (100 marks)

END OF QUESTION PAPER

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