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CONFIDENTIAL LW APR 2009 LAW 510 429

UNIVERSITI TEKNOLOGI MARAFINAL EXAMINATION

COURSECOURSE CODEEXAMINATIONTIME

INTERNATIONAL LAW I PUBLICINTERNATIONAL LAW ILAW 510 429APRIL 20093 HOURS

INSTRUCTIONS TO CANDIDATES

1 . This question paper consists of THR EE (3) parts : PART A (6 Questions)PART B (2 Questions)PART C (1 Question)2. Answer ALL questions in PART A, PART B, and PART C in the Answ er Booklet. Start eachanswer on a new page.3. Do not bring any materials into the examination room unless permission is given by theinvigilator.4 . Please check to make sure that this examination pack consists of:i) the Ques tion Paperii) an Answ er Booklet - provided by the Facultyiii) Com pilation of Conventions will - provided by the Faculty of Law

DO NOT TURNT ISP GEUNTILYOU RE TOLD TO DO SOhis examination paper consists of printed pag es

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CONFIDENTIAL 2 LW APR 2009 LAW510 429

PART AQUESTION 1What are the elements that need to be fulfil led in order to establish a rule of CustomaryInternational Law?

(5 marks)QUESTION 2Identify sources of law that can be applied by the International Court of Justice.

(5 marks)QUESTION 3Explain briefly the two theories on the relationship between international law and municipallaw. (5 marks)QUESTION 4What are the circumstances that permit states to exercise universal jurisdiction?

(5 marks)QUESTION 5What are the legal effects of reservation and objection to reservations of a treaty?

(5 marks)QUESTION 6Explain briefly the three main approaches to treaty interpretation.

(5 marks)

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CONFIDENTIAL 3 LW APR 2009 LAW510 429

PARTBQUESTION 1Kamichu Island is a very small island, having an area of 0.13 square kilometers at high tide.It is situated approximately 24 nautical miles to the east of the State of Totoro (Totoro) and26 nautical miles to the south of the State of Yomiko (Yomiko). It has a population of about300 people who solely rely on fishing for a living. Totoro and Yomiko were colonised by theState of Porco (Porco) and only gained independence from Porco in 1 998. In 200 1 , on hisofficial visit to Kamichu Island, the Foreign Minister of Totoro proclaimed that Kamichu Islandbelongs to Totoro based on a 1962 treaty between Porco and Totoro which stipulated thatPorco would cede Kamichu Island to Totoro in the event that Porco decided to decoloniseTotoro. In response to the statement made by the Foreign Minister of Totoro, the PrimeMinister of Yomiko said that Totoro has no legal basis to claim Kamichu Island and herecalled that Kamichu Island initially be longed to Yomiko . Kam ichu Island had been acquiredthrough assertion of force by Porco against Yomiko during the 1950 Porco-Yomiko war.Yomiko claims that the acquisition was illegal and the cession of Kamichu Island to Totorowas unlawful. Yomiko, however, has never displayed any territorial sovereignty overKamichu Island. It was discovered that as early as in 1962, the people living in KamichuIsland have been administering and collecting taxes in the island through administrativeorders and directives from T otoro.The Permanent Secretary for F oreign Affairs for Totoro now seeks yo ur advice as to whetherTotoro has any legal rights over Kamichu Island in international law.Advise him. (20 marks)QUESTION 2Chiaki and Nodame are husband and wife. Both of them are nationals of the State of Totoro(Totoro). Chiaki owns a factory m anufacturing clothes in Rosso C ity, which is situated in theState of Yom iko (Yom iko). B oth of them frequently travel to Yom iko to attend to the affairs ofthe factory. During their recent visit to Yomiko, a series of riots had taken place in Rosso Cityas the locals were not satisfied with the special treatment given to foreigners. Most of theforeigners' properties had been damaged, including the factory belonging to Chiaki. Whileinspecting the damage d don e to the factory, Nodam e found herself caught in the middle of ariot between a group of locals and soldiers of Yomiko. As she was trying to flee the riotscene, she was shot by a soldier. It was found that the soldier was instructed to use anynecessary means to curb the riot from spreading to other parts of the city. However, theYomiko Government claimed that it was not responsible for the actions of the soldier as hehad acted in his own private capacity. The government of Yomiko has declared a state ofemergency and issued a decree to expropriate all foreigners' assets with a provision forcompensation of4 0 of the market value of those assets.Advise Chiaki and Nodame on possible claims that may arise under international law inconsequence of the above events. (20 marks)

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CONFIDENTIAL 4 UNI PR 2009 LAW 510 429

PARTCQUESTION 1General Keroro was the president of the State of Ayakashi from 1990 until 2005. During hispresidency, he was accused of engaging in various acts to curtail the movement of hisopponents, including complicity in genocide and murder of Ayakashi nationals duringdemonstrations conducted by an opposition party on 1 12 2005 and on 5.12.2005. Manymembers of the opposition parties fled to the State of Beebop. The Rules of the Court of theState of Beebop provide that the courts of Beebop have jurisdiction over any personaccused of crimes against humanity and genocide wherever the crimes were committed.Donna, the wife of one of those allegedly killed during the demonstration commenced a civilaction in the Beebop High Court against the Governmen t of Ayakash i. She claimed dam ageswith respect to the death of her husban d. At the sam e time, the Public P rosecutor of Beebopdecided to initiate action aga inst General K eroro for the crimes that he had co mm itted duringhis tenure. A court in Beebop has issued a warrant of arrest against General Keroro anddemanded that the Government of Ayakashi surrender General Keroro. The government ofAyakashi refused to surrender General Keroro and claimed that it does not have anyobligation to comply with the arrest warrant since there is no extradition ag reemen t betweenAyakashi and Beebop. The Government of Ayakashi also claimed that the court of Beeboplacked jurisdiction to prosecute General Keroro. Enraged by the refusal of the AyakashiGovernment to surrender General Keroro, the Government of Beebop instructed its secretagent, Mr Bond, to kidnap General Keroro and forcefully transfer him to Beebop. Thekidnapping was successful and General Keroro has been charged at a court of Beebop forcommitting genocide and crimes against humanity. The government of Ayakashi is furiouswith the kidnapping and demands for the return of General Keroro. The government ofAyakashi claims that the legal proceedings against General Keroro are unlawful. Ayakashiand Beebop are parties to the 1 948 Genocide Co nvention and had ratified the Convention in1995.The Minister of Foreign Affairs of Ayakash i seeks your advice on the above issues underinternational law. Ad vise him . (30 marks)

END OF QUESTION PAPER

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