CONFIDENTIAL

LW/OCT 2006/LAW510

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

PUBLIC INTERNATIONAL LAW I LAW510 OCTOBER 2006 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. 2. 3. 4.

This question paper consists of SEVEN (7) questions. Answer FOUR (4) questions in the Answer Booklet. Candidates will be provided with all the relevant Treaties and Conventions. Candidates are not allowed to bring any materials into the examination room unless permission is given by the invigilator. Please check to ensure that this examination pack consists of: (i) the Question Paper (ii) an Answer Booklet - provided by the Faculty

5.

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 QUESTION 1

LW/OCT 2006/LAW510

Customary international law is a source of international law based on a norm-setting process and has been defined as 'unconscious and unintentional law making'. Analyse the elements of customary international law and state whether a rule of customary international law binds all states. (25 marks)

QUESTION 2 Discuss the status and extent to which individuals, international organisations and insurgents have now been recognized as international legal subjects. (25 marks) QUESTION 3 Despite the fact that states are not required to recognise one another, nor recognise new governments and that the act of recognition has no legal effect, discuss whether recognition of states and governments is still significant today. Support your arguments based on established theories and cases. (25 marks)

QUESTION 4 Brutaland and Merrytania are 2 independent sovereign states and they share a common boundary over the course of the River Kwai. In 1935, both states signed a bilateral treaty which provides that the boundary of both states will follow the course of the River Kwai. In the event that the boundary lines change due to natural or geographical factors, the centre line of the former main channel shall remain as the fixed boundary. Due to gradual soil erosion, the sand deposit rested on Merrytania's riverbank and by 1990 the deposit area had grown to a substantial size creating a beautiful lagoon. Merrytania immediately declared that the deposit area as part of Merrytania's territory. The Merrytania Marine Authority (MMA) developed the area into a luxury beach resort which has since been a popular tourist destination. In 1997, the River Kwai suddenly changed its course and flowed inland into Brutaland right into the river estuary of the village of Pickles, an agricultural village, near the centre line of the former main channel. Soon after, the Merrytanian government quickly started construction works to build an ecopark along this new border. The construction works soon encroached onto the river estuary of Pickles.

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LW/OCT 2006/LAW510

Brutaland's government officials immediately sent a letter to the government of Merrytania, demanding that construction works are halted with immediate effect. Merrytania claimed that they had a right to continue as the River Kwai had changed its course several times before and that they were merely exercising their customary practice since 1935. Furthermore, Merrytania claimed that all this time, Brutaland had never protested or made any prior claims. The government of Brutaland wants to initiate legal proceedings and seeks your advice. Prepare a written memorial outlining the possible grounds for action under international law. (25 marks)

QUESTION 5 Victoria, a British national was on holiday in Mexico City. While out shopping in the city centre, she found herself caught in the middle of a riot between a group of local human rights activists and Mexican soldiers. As she was trying to flee the riot scene, she was shot in the back of her head by a Mexican soldier. Her distraught parents sought the assistance of the British Foreign Office to seek compensation from the Mexican government as it was found that the soldier was not given any orders to open fire against the rioters and so had shot Victoria on his own folly. In response, the Mexican Armed Forces claimed that Victoria had indeed participated in the riots and was found to be one of the leaders of the group. They further claimed that when the rioters threw Molotov cocktails at the soldier, he fired back because he feared the worst and disregarded instructions not to open fire on any of the rioters. The Mexican government claimed that they were not responsible for the actions of the soldier as he had acted in his own private capacity. Advise Victoria's parents as to whether the Mexican state can be held responsible under international law and the possible forms of reparations that they can seek. (25 marks)

QUESTION 6 Dolmio, an Italian national is a young software developer with an information technology company in Cybercity in Australia. Lured by the financial gains of engaging in cyber crimes, he began working as a 'part time' hacker. He was hired by Johnny, an East Timorese who holds a New Zealand passport, a rebel who is actively plotting to overthrow the government. Johnny wants Dolmio to hack and delete selected databases at the East Timor Central Bank. From his office at Cybercity, Dolmio managed to do this without any problems. This caused the East Timor Central Bank to close for a week disrupting all financial transactions nationwide. It was estimated that the East Timor Central Bank suffered losses of about USD $10million.
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LW/OCT 2006/LAW510

One month later, Lorenzo again hired Dolmio to hack into the East Timor Research Hospital database and to disclose all patients' records onto a website whereby all confidential information can be accessed. Dolmio also added some false information about Miki, the son of the East Timor President by stating that he was seeking treatment at the hospital for AIDS. After receiving his money and fully aware of the extensive worldwide media coverage of the two incidents, Dolmio left Australia for Thailand. There, he underwent cosmetic surgery and changed his name to Brad Jolie and migrated to Mauritius where he was eventually arrested. At the time of his arrest his application for Mauritian citizenship was still pending. Soon after, Johnny was arrested at his New Zealand home. Discuss the jurisdictional and legal issues that arise and state which state(s) can bring Dolmio and Johnny to trial. (25 marks)

QUESTION 7 Upon his appointment as the new High Commissioner of Elysium to Marakesha, William Goodheart and his family settled into the capital of Vida. They live in the official residence at 11 Ambassadors' Row. The High Comissioner's wife, Susan, a citizen of Marakesha, has also rented a private condominium for her own private use to run her fashion design business. However, Susan failed to pay her monthly rent to Mr. Chan, her landlord after 11 months. Their only son, Hank an 18 year old student at a local college often uses the condominium to have wild drugs and alcohol parties with his friends. One night while highly intoxicated with drugs and alcohol. Hank hit his friend Jeremy and his girlfriend Emma with a baseball bat until the couple died. Hank then phoned his mother Susan asking for help. Susan arrived shortly, took all the drugs in the condominium and drove Hank back to 11 Ambassador's Row where they told William about the incident. They hid the blood stained baseball bat in their bedroom. William hurriedly wrote a letter to the Elysium Home Office asking for an immediate transfer out of Marakesha. He then placed the drugs and the letter into a diplomatic bag and asked his secretary, Thomas, to have it sent to Elysium. On the way to the embassy, Marakesha police stopped the ambassador's car and carried out checks on Thomas and the driver, Samad, a citizen of Marakesha. To the surprise of the police, they found the dead bodies of Jeremy and Emma in the trunk of the car and found the drugs in the diplomatic bag. Marakesha police now wants to detain William, Susan, Hank, Thomas and Samad for questioning and to conduct a search of the official residence. Mr. Chan also wants to initiate legal proceedings against Susan in the local courts for nonpayment of rent. Draft a legal advice for the Marakesha police as to the possible courses of action against each of them and state whether Mr. Chan has a right of legal action. (25 marks) END OF QUESTION PAPER
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