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LW/OCT2007/LAW510

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

: : : :

PUBLIC INTERNATIONAL LAW I LAW510 OCTOBER 2007 3 HOURS

INSTRUCTIONS TO CANDIDATES

1.

This question paper consists of TWO (2) parts :

PART A (4 Questions) PART B (3 Questions)

2.

Answer ALL questions from Part A and Part B 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

3.

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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LW/OCT 2007/LAW510

PART A QUESTION 1

Discuss the hierarchy of sources in international law. (25 marks) QUESTION 2 Discuss two mechanisms available to facilitate enforcement of international law. (25 marks)

QUESTION 3 State the main finding in The Trendtex Trading Corporation v Central Bank of Nigeria f1977)

ICJRep. 112. (25 marks)

QUESTION 4 Discuss the position of customary international law in the case of Ang\o-Norwegian Fisheries (1951) ICJ 588. (25 marks)

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LW/OCT 2007/LAW510

PARTB QUESTION 1 The test for statehood under international law is set out in a Convention which has now come to be accepted as stating the customary law in the area. Discuss this test for statehood. (100 marks)

QUESTION 2 In 1892 on the Kalahari Spanio Island in the Straits of Spanio, a rock cropping was discovered by Spartant State. Spartant made no legal claim to this rock but named it the Kalahari Spanio Rock. In 1900 phosphates was discovered in abundance in the Kalahari Spanio Island and an agreement was signed between a group of local citizen of Kalahari and the neighbouring State of Mau-Mau. The Mau-Mau State quickly engaged in setting up a phosphates factory. The factory was registered in Mau-Mau State. In 1903 Spartant State imposed a "tax" on all phosphates exported out of Kalahari Spanio Island and set up a post office as the collection center. The Post office began its operation immediately and Spartant State's national stamps were introduced and from that day onwards all correspondence used these stamps. The same year, Mau-Mau State set up two military bases near the factory for providing protection to the factory premises and to the workers. Most of the workers are labourers from Bertam State. In 1999 a bloody riot arose from a misunderstanding between male and female workers inside the factory. Mau-Mau soldiers stepped in to quell the riot and to reduce tensions. Some of the Bertam workers managed to call the Bertam State for help. Bertam State sent out their best jet fighter equipped with missiles and ordered an attack on Mau-Mau military bases. As a result of that assault five Mau-Mau soldiers, two Captains and seven workers were killed. Bertam State's soldiers also took over the post office. They claimed that the phosphates factory is part of Bertam State's property overseas and that all actions were legitimate reprisals in order to protect their citizen in Kalahari Spaino Island. Discuss: a) b) c) the legitimacy of Bertam State's action whether Mau-Mau State can claim damages for the death of their soldiers; and the legal position of Kalahari Spanio Island. (100 marks)

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LW/OCT 2007/LAW510

QUESTION 3 "The fact that states are not required to recognise one another, nor recognise new governments, shows that international law is not really law. Like primitive morality or social rituals, international law is more about whether you are a member of 'the club' than it is about binding rules followed by sanctions upon breach." Discuss the above quotation and explain the underlined phrases. You must refer to cases on recognition of states and governments to support your argument. (100 marks)

END OF QUESTION PAPER

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