Beruflich Dokumente
Kultur Dokumente
INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer FOUR (4) Questions Only
REFERENCES ALLOWED
(1) The Charter of the United Nations and the Statute of the International Court of
Justice
(2) The Vienna Convention on Diplomatic Relations, 1961
APPROVED BY
2
QUESTION 1
Explain the juridical nature of the various sources of international law. How would these
(15 marks)
QUESTION 2
The existence of international law as a viable body of law consisting of rules and norms
governing relations between States, among other things, has given rise to a constant
controversy about the juridical nature of international law among the jurists. This led to
the development of numerous theories to justify that international law is a ‘true law’.
Discuss with specific reference to the Naturalists and the Positivists approach.
(15 marks)
QUESTION 3
(a) In view of the new developments in the area of international law, critically examine
international law.
(5 marks)
3
(b) Discuss the Malaysian practice regarding the application of international law
(10 marks)
QUESTION 4
Dangala and Trunda are two island States situated in the South Seas. Both attained
independence in 1995. Dangala was a former colony of United Kingdom while Trunda
About 40 nautical miles away from these two island States is the tiny island of Gora,
which is reputedly rich in fishery resources. The island was formerly discovered by the
French authorities in 1860, but in 1930 the United Kingdom Government established a
light-house on the island and since then the light house had been maintained by the
British authorities. After independence, the Dangalan Government has inserted the island
Both Dangala and Trunda now claim sovereignty over Gora and the dispute has been
submitted before the International Court of Justice. You are appointed by the Prime
Minister of Dangala as the legal counsel to represent the State before the World Court.
(15 marks)
4
QUESTION 5
(a) Two nationals of State L meet in State A and decide to plant an explosive device on
planted in State C, explodes over State D, killing all those on board, the majority of
Which States have claims to jurisdiction and according to what principles under
international law?
(9 marks)
(b) During a civil war in the sovereign State of Xania, Laurens, an officer in the armed
persons who were killed by Laurens were captured members of the security forces
Some years after the murders described in the previous paragraph, Laurens
Laurens’ past has now come to the attention of the Zanjian government.
Xania?
(6 marks)
5
QUESTION 6
X, a foreign affairs writer, was invited to attend an official dinner at the premises of the
embassy of State A in the capital city of State B. At the dinner X was physically assaulted
by Y, who is the Head of State A’s diplomatic mission accredited to State B. The assault
caused X serious personal injury. X has commenced proceedings in the Supreme Court of
State B in tort against Y and State A to recover damages for the personal injury.
Give a legal opinion as to the jurisdiction of the court over the respective defendants.
What would your opinion be, if Y was an unmarried 18 year old son of the Head of the
university of State B but who used to live, during weekends, with his parents at the
diplomatic residence?
(15 marks)