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LW/APR 2007/LAW510

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

: : : :

PUBLIC INTERNATIONAL LAW I LAW510 APRIL 2007 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 4 printed pages
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QUESTION 1

There are many scholarly debates as to the legal nature of international law. Critically discuss the various theories of international law and in the light of contemporary international law, comment whether any of these theories are clearly established in the various areas of international law and in its enforcement. (50 marks)

QUESTION 2 'Customary rules of international law gives rise to binding rules on states and the fundamental and overriding character of jus cogens or peremptory norms entail obligations of a special nature unto states. ' Give a detailed discussion of the binding nature of these customary rules especially in relation to jus cogens and critically comment on the role of emerging jus cogens and its status in international law. (50 marks)

QUESTION 3 The emergence of new international subjects of international law has led to the bestowal of rights and duties unto these subjects of international law. State the entities that have been granted the status of international legal subjects and evaluate the extent to which legal personality has been granted unto them in the international arena. (50 marks)

QUESTION 4 After years of intense ethnic and religious fighting between the majority Alibans and the minority Sarbanicans in the province of Alibania, the minority Sarbanicans were forcibly removed from Alibania or killed in order to ensure that Alibania gain absolute independence. In their eagerness to establish a separate state, the Alibans quickly set up an interim government comprising mainly of senior army officials who control the Alibanian armed forces. The Alibanians in the area number approximately around 150,000 and the area is rich in mineral resources. Soon after, the interim Alibanian government met with senior government officials from Montanagrey, a newly independent state that is sympathetic and strongly supportive of the Alibans. The Montanagreys offered to protect the Alibanian province with its armed forces and over several months, they slowly acquired control over the interim Albanian government by demanding that all executive or legislative decisions must first be approved by the Montanagrey government. The Montanagrey army then patrolled the borders of the Alibanian province and the interim Alibanian government had very little control over their province. The interim Alibanian government was soon sworn in as the ruling government of Alibania without holding any elections.
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LW/APR 2007/LAW510

The Alibanian government now seeks recognition as a sovereign state and signs a bilateral treaty with Montanagrey to this effect. Many countries refused to grant recognition to Alibania. Assess whether Alibania is indeed a state within the prescribed definition and what are the legal consequences when other states grant or withhold recognition to Alibania? (50 marks)

QUESTION 5 The small state of Babylon has suffered years of ethnic clashes and feuds between warring drug lords has had no effective government since the assassination of its Prime Minister and several cabinet Ministers. Faced with poverty and escalating lawlessness, the armed forces of the state of Al-Zalim which borders Babylon proclaimed themselves as the 'liberators' of Babylon and conducted aerial and ground attacks on Babylon and its troops soon invaded Babylon. The Al-Zalim forces then seized control of all Babylonian state property and took over control of the Babylonian parliament and General [bliss of Al-Zalim was proclaimed as the new head of the Babylonian government. The President of Al-Zalim then proclaimed that they had a right to assert control over Babylon in accordance with a bilateral treaty dated October 1890 between the former kings of Babylon and Al-Zalim. The treaty provides that the state of Babylon was actually a sovereign territory of Al-Zalim. Moreover, the northern and southern parts of Babylon is mainly inhabited by Al-Zalimi tribes which had accepted Al-Zalimi control since 1890 and that there had never been any prior objections by Babylon over Al-Zalimi control to these parts. The President of Al-Zalimi made a worldwide announcement that they are now the sovereign rulers of Babylon which had had ceded all of its territory to Al-Zalim. As a United Nations official you have been asked to draft a written report on all relevant legal issues relating to the concept of territorial sovereignty that may arise. (50 marks)

QUESTION 6 Kerang PLC and Bexxon PLC are oil companies that are registered in the Neverlands but own and operate several oil refineries in the state of Kiran. The foreign investment laws of Kiran requires strict adherence by foreign companies to its environmental protection laws and to the hiring of at least 25% of locals by foreign companies. After several years of operations in Kiran, both companies began to discharge chemical wastes and other pollutants into the rivers of Kiran. They also dismissed most of the local workers leaving only about 5% of locals in their employment.

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LW/APR 2007/LAW510

News of the activities of these companies soon began to spread and this led to public protests and strong anti Neverlandian sentiments amongst the Kiranians During a public protest, a large group of protesters marched into the head offices of Kerang and Bexxon PLCs located in the capital of Kiran The protesters, destroyed and burnt the offices During the scuffle, several Neverlandian nationals who were working in the offices were seriously injured and 3 Neverlandian nationals were beaten to death The Kiranian police were quickly deployed to quell the protests but upon arriving at the scene the police did not stop the protesters from any further acts of violence Instead, 2 police officers shot a Neverlandian security guard when he tried to ward off the protesters The security guard died instantly The Kiranian government then made a swift announcement that they are immediately seizing all the assets of Kerang and Bexxon PLCs including the oil refineries The Kiranian government stated that this was a necessary measure because both foreign companies had breached Kiranian laws Moreover, it was necessary for a public purpose since Kiran was facing economic sanctions by several countries and thus needed their oil reserves for their own domestic consumption and to operate their own public utilities Both Kerang and Bexxon PLCs demanded compensation but were refused by the Kiranian government Both companies and the families of the Neverlandians that were injured or died during the protest now seek the Neverlandian government to assist them Advise the Neverlandian government as to the relevant legal issues that may arise and the appropriate measures that can be taken (50 marks)

QUESTION 7 In THE ScHOONER EXCHANGE V MCFADDON (1812), CJ Marshall referred to the jurisdiction of a state within its territory as being 'necessarily exclusive and absolute ' In the light of the aforementioned case and in the cases on sovereign immunity, discuss the principles of sovereign immunity, its limits and exceptions (50 marks)

END OF QUESTION PAPER

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