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Course Outline of PIL

Public International Law (International Islamic University Malaysia)

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INTERNATIONAL ISLAMIC Senate endorsement ref.:

UNIVERSITY MALAYSIA Senate endorsement date:
Version no:
Version effective date:

COURSE OUTLINE
With Reading List and Rubrics

1. Course Title: Introduction to Public International law

2. Course Code: LAW 3912

3. Credit Value: 3

4. MQF Level: 6

5. Affected Batch: Intake 2020/2021 onwards

6. Centre of Studies: Ahmad Ibrahim Kulliyyah of Laws

7. Department/Unit: Civil Law Department

8. Course Synopsis: This course is primarily concerned with the law that governs
relations of sovereign States as distinct from national or
domestic law that is applicable only within a State. Although
the course is designed to be an introduction to International
Law, the major thrust of the course is its practical aspect and
the Malaysian position is examined wherever applicable. The
main purpose of the course is to enhance the knowledge of law
students in legal issues encompassing the borders of a State. It
will broaden their perspectives and equip them with skills to be
able to deal with complex international legal issues.

9. Course Classification within the Curriculum: Core

10. Prerequisite(s) (if any):

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11. Course Learning Outcomes

No. Outcomes Bloom’s Taxonomy Soft skills (KI) Programme

Outcomes
(PO)
C A P
1 Apply relevant principles of international law to actual inter-State situations 3
2 5 CS3, CT3, LL2, C3, P4, A2 1, 2, 4, 8, 9
2 Identify issues and problems, critically analyze them, and decide on appropriate
actions 4 3 CT3, LL2, C3, P4, A3 1, 2, 5, 7, 9
3 Draft legal arguments and advice or opinion 3 2 3 CS3, CT3, LL2,
C3, P4, A3 2, 5
4 Demonstrate skills to do research on current international law issues by using the
best tools available including technology 3 4 4 CS3, CT3, LL2, EM2,
C3, P4, A3 1, 2, 3, 8

Additional Mapping for Professional Programmes (e.g. Engineering)

Outcomes Complex Problem Complex Analysis Knowledge Profile

12. LO - Instruction Method - Assessment Alignment:

Outcomes Teaching-Learning Methods Assessment Methods

LO1 Lecture, Class discussion, Problem Final Examination, Mid-Semester
based learning test, Written assignment
LO2 Class discussion, Problem based Written assignment, Oral
learning presentation, and Oral test
LO3 Tutorial, Class discussion, Problem Written assignment, Oral
based learning presentation, and Oral test
LO4 Lecture, Problem based learning Written assignment

13. Assessment Methods Weightage:

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Methods Percentage
Written Assignment 20
Oral Presentation 20
Common Test 20
Final Examination 40
TOTAL 100

14. Student Learning Time:

1. Instruction Component Total Allocated Hours

1.1. Teacher-oriented methods
Lectures 28

2. Student-oriented methods
Class Discussion, Problem based learning 14

Total Instructor Contact Hours: 42

2. Independent Learning Component Total Estimated Hours
2.1. Reading and revision
Preparations for lectures, Consultation 42
2.2. Estimated hours for preparation toward assessments
Written assignment 10
Oral presentation 6
Mid-Term test 6
Final Examination 10
3. Assessment Outside Instruction Hours Total Allocated Hours
Mid-Term Test 1.5
Final Examination 2.5

TOTAL SLT 120

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15. Course Contents and Related SLT:

Weeks Topics SLT Task/Reading

1 1. The Nature and Development of 3+5 Required:

International Law Abdul Ghafur Hamid (2019). Chapt.
1, 1-11.
1.1 The Nature of International law Dixon (2013). 21-48.
- Public and private IL Mohammad Naqib (2008). 1-10.
- Distinction between international and
national law Recommended:
1.2 The juridical basis of international law Crawford, Brownlie’s (2012). Chapt.
- The naturalist doctrine 1
- The positivist doctrine Akehurst (1997). Chapt. 1.
1.3 Weaknesses of IL Harris (2010). 18-65.
1.4. Why do States observe IL? Henkin (1995). 280-283.

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2 1.0 The Nature and Development 3+6 Required:

of International Law [Cont.]
1.3 Enforcement of International Law Abdul Ghafur Hamid (2019). Chapt.
- Diplomatic protest 1, 11-25.
- Meaning of “international claim” Mohammad Naqib (2008). 10-18.
- Three forms of reparation under IL
1.3.1 Peaceful means
Recommended:
- Art 33 of the Charter: negotiation,
mediation, conciliation, arbitration,
judicial settlement Von Glahn (1992). 9-10.
1.3.2 Coercive means Harris (2010). 18-65.
- Non-military means
The importance of “self-help” in IL
Retorsion
Reprisals or Counter measures
- Military means
Art 2(4) prohibition of the use of
force
Art 51: Right of self defence: three
elements
Enforcement action under
Chapter VII of the Charter: Arts
39, 42
-

3 3+6 Required:
2.0 The Sources of International
Law Abdul Ghafur Hamid (2019). Chapt.
2.1 Sources under Art. 38 of the 2, 27-33.
Statute of ICJ Abdul Ghafur Hamid (2003b). 203-
2.2 Treaties as a source 240.
- Interaction between treaty and Mohammad Naqib (2008). 25-51.
Custom
2.3 Custom as a source Recommended:
- Two elements:
Crawford, Brownlie’s (2012). Chapt.
1.
Dixon (2013), 21-48.

Cases:
North Sea Continental Shelf Cases,
(1969) ICJ Rep 3

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4 2.0 The Sources of International 3+6 Required:

Law Abdul Ghafur Hamid (2019). Chapt.
2.3.1 State practice: The Objective 2, 27-33.
Element Abdul Ghafur Hamid (2003b). 203-
- Generality of practice 240
Persistent objector rule
Subsequent objector Cases:
Particular customary North Sea Continental Shelf Cases,
international (1969) ICJ Rep 3
law Anglo-Norwegian Fisheries case
- Consistency of practice (1951) ICJ Rep 3.
- Duration of practice Asylum case, (1950) ICJ Rep 266
Right of Passage over Indian
Territory case, (1960) ICJ Rep 6.

5 2.0 The Sources of International 3+6 Required:

Law [Cont.] Abdul Ghafur Hamid (2019). Chapt.
1, 33-44.
2.3.2 Opinio juris: The Subjective Mohammad Naqib (2008). 25-51
Element Abdul Ghafur Hamid (2003b).
2.4 General Principles of Law 203-240.
2.5 Judicial Decisions and Writings of Cases
Publicists Nicaragua Case (Merits), (1986)
2.6 Are there any new or additional ICJ Rep 14
sources? Nuclear Weapons Advisory Opinion
- General Assembly resolutions (1996) ICJ Rep. 66.
- Equity Diversion of Water from the
- Soft law Meuse Case, (1937) PCIJ Rep.
2.7 Hierarchy of the sources Ser. A/B, No. 70.

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6 3.0 The Relationship between Required:

International and National Law 3+6 Abdul Ghafur Hamid (2019). Chapt.
3, 57-72.
3.1 The Theories: monism and dualism Mohammad Naqib (2008). 53-72
3.2 National law before international
courts Cases
and Tribunals Exchange of Greek and Turkish
- National law as a ‘source’ of IL Populations, (1925) PCIJ Ser. B,
- In case of conflict, international law No 10.
prevails
La Grand case, (2001) ICJ Rep.
3.3 Application of international law in
national legal systems 466.
Trendtex Trading Corp. v Central
3.3.1 The practice of common law Bank of Nigeria, [1977] QB 529;
Countries [1977] 1 All ER 881, CA
- The British practice
Chung Chi Cheung v R, [1939] AC
160.
3.3.2 The reception of international
law in Malaysia Mortensen v Peters, 1905, 8 F(J) 93.
- The reception of treaties AG for Canada v AG for Ontario,
- The reception of customary IL [1937] AC 326; 8 ILR 41.
- The issue of supremacy
- State responsibility for breach of International Tin Council case,
international law [1990] 2 AC 418.
Government of Kelantan v
Government of Federation of
Malaya, [1963] MLJ 355.
Sockalingam Chettiar v Chan Moi
[1947] MLJ 154
PP v Oie Hee Koi [1968] 1 MLJ 148
Village Holdings Sdn. Bhd v
Canada, [1988] 2 MLJ 656
Commonwealth of Australia v
Midford [1990] 1 CLJ 878
PP v Narogni Sookpavit [1987] 2
MLJ 100
PP v Rajappan [1986] 1 MLJ 152
PP v Wah Ah Jee (1919) 2 FMSLR
193.
Dato’ Param Cumaraswamy v MBF
Capital [1998] 1 CLJ 1

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7 3.0 The Relationship between 3+5 Required:

International and National Law
[Cont.] Abdul Ghafur Hamid (2019). Chapt.
3.3.3 The practice of civil law 3, 72-90.
Countries Mohammad Naqib (2008). 53-72
- The practice of Germany, Greece,
Italy,
France,
- The practice of Netherlands, Russian
Federation, Korea, and Japan
- Enlightened new constitutions

8 4. The Subjects of International Required:

Law
Abdul Ghafur Hamid (2019). Chapt.
4, 91-110.
4.1 States as subjects of international law
Mohammad Naqib (2008). 72-89.
- Characteristics of statehood
4.2 International Personality of
International
Recommended:
Organizations
4.3 Individuals and Corporations Cassese, (1999), 134-140.
- Can an individual/ a company have
Cases
access to international courts and Aaland Island case, (1920) LNOJ
tribunals? Spec. Suppl. No. 3, 3.
4. The Right to Self-Determination of Austro-German Customs Union
Peoples case, (1931) PCIJ Ser. A/B No. 41.
Reparations for Injuries Suffered in
the Service of the United
Nations, (1949) ICJ Rep. 174.
Re Secession of Quebec, [1998] 2
SCR 217
Namibia case, Advisory Opinion,
[1971] ICJ Rep 16
Western Sahara, Advisory Opinion
[1975] ICJ Rep 12
East Timor (Portugal v Australia)
(Judgment) [1995] ICJ Rep 102.

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9 5.0 State Territory 3+5 Required:

Abdul Ghafur Hamid (2019). Chapt.
5.1 Different parts of State territory 5, 117-123.
5.2 The traditional modes of
acquisition of sovereignty over Mohammad Naqib (2008). 100-116.
territory
5.3 Occupation and Prescription
5.3.1 Occupation Recommended:
- Terra nullius
Akehurst, (1997). 147-158, and
- Effective occupation
Intention to act as sovereign 198-207.
Peaceful and continuous
Dixon, (2013). Chapt. 6.
exercise of State authority
The critical date Cases:
Inter-temporal law Western Sahara Case (1975) ICJ
Rep. 12
Island of Palmas Case, (1929) 2
RIAA 829.
Legal Status of Eastern Greenland
case (1933) PCIJ Ser. A/B, No.
53
Clipperton Island Case, (1931)
(1932) 21 AJIL 390.

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10 5.0 State Territory [Cont.] 3+5 Required:

5.3.2 Prescription Abdul Ghafur Hamid (2019). Chapt.
- Four requirements of a lawful 5, 123-139.
‘prescription’
5.4 Conquest Mohammad Naqib (2008). 108-116
- GA Declaration on Principles of Cases
International Law, 1970 Kasikili/Seduku Island case, 1999
- UN SC Res. 242 ICJ Rep. 1045;
- Case Study: The Israeli occupation Chamizal Arbitration 91911) 5
of Arab territories. AJIL 782
5.5 Accretion Frontier Dispute case (Burkina
5.6 Cession Faso v Mali) (1986) ICJ Rep.
5.7 The determination of territorial 554.
Disputes Land, Island and Maritime
5.7.1 Jurisprudence of the ICJ in Frontier Dispute (El Salvador v
territorial disputes Honduras) 1992 ICJ Rep. 351
5.7.2 Boundary treaties and Legal Status of Eastern Greenland
boundary awards case (1933) PCIJ Ser. A/B, No.
5.7.3 Uti possidetis juris 53
5.7.4 Sovereign activities Minquiers and Ecrehos Case (1953)
(effectivit`es) ICJ Rep. 47.
Sovereignty over Pulau Ligitan and
5.7.5 Other principles significant in Pulau Sipadan, 2002 ICJ Rep.
territorial disputes 625
Sovereignty over Pedra Branca /
Pulau Batu Puteh, ICJ Judgment
of 23 May 2008).
Clipperton Island Case (1931) (1932)
21 AJIL 390.
Temple of Preah Vihear (1962) ICJ
Rep. 6

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11 6.0 State Jurisdiction 3+5 Required:

Abdul Ghafur Hamid (2019). Chapt.
6.1 Nature of jurisdiction 6, 141-153.
Mohammad Naqib (2008). 117-129
6.2 General principles on which criminal
jurisdiction is claimed
Recommended:
6.2.1 Territorial principle
- Subjective territorial principle Akehurst, (1997). Chapt. 7.
- Objective territorial principle
Dixon, (2013). Chapt. 6.
6.2.2 Nationality principle
6.2.3 Universality Principle Brownlie, (2008). 297-318.
6.2.4 Protective principle
Starke’s International Law, 183-217.
- The ‘Effects’ Doctrine
6.2.5 Passive personality principle
6.2.6 Concurrent jurisdiction
Cases
The Cristina [1938] AC 485
The Lotus Case (1927) PCIJ Rep. Ser.
A, No. 10
DPP v Doot [1973] AC 807
Joyce v DPP [1946] AC 347
Eichmann case (1961) 36 ILR 5
The Pinochet case [1999] 2 WLR
911.
Cutting Case, 2 Moore’s Digest
(1906) 228.

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12 6.0 State Jurisdiction [Cont.] Required:

3+5
Abdul Ghafur Hamid (2019). Chapt.
6.3 Jurisdiction over persons apprehended 6, 154-165.
in violation of international law
Mohammad Naqib (2008). 117-129
Male captus, bene detentus.

6.4 Extradition
- No duty to extradite in the absence of Recommended:
a Akehurst, (1997). Chapt. 7.
treaty
Dixon, (2013). Chapt. 6.
- General principles of the law of
extradition US v Alvarez-Machain, (1992) 31
Extraditable offence ILM 902
Double criminality; specialty Eichmann case (1961) 36 ILR 5
Non-extradition of political State v Ebrahim (1991) 31 ILM
offenders 888
R. Hartley [1978] 2 NZLR199
6.5 The Malaysian practice
R v ex parte Bennett [1993] 3 All
- Courts of Judicature Act 1964, s. 22 ER 138
- The Extradition Act 1992: ss.5, 6, 8, PP. v Ottavio Quattrocchi [2003] 1
9,12, 13, 15, 18, 49. MLJ 225
Chua Han Mow v Superintendent of
Pudu Prison [1980] 1 MLJ 219

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13 7.0 Immunity from Jurisdiction 3+5 Required:

Abdul Ghafur Hamid (2019). Chapt.
7.1 State Immunity 7, 167-163.
Head of State (State officials) Mohammad Naqib (2008). 143-178
Immunity
7.1.1 Immunity from civil proceedings Recommended:
- The absolute and restrictive Abdul Ghafur Hamid & Hunud
immunity Abia Kadouf (2006). 495-516.
theories
7.1.2 Immunity from criminal Cases
proceedings Trendtex Trading Corporation v
- No immunity before international Central Bank of Nigeria [1977] QB
courts and tribunals 529
- Immunity before national courts I Congresso del Partido [1981] 1 All
Serving Heads of States ER 1064 HL; [1983] AC 244
Former Heads of States US v Public Service Alliance of
State immunity v international Canada (1992) 91 DLR (4th) 449.
crimes Village Holdings v Her Majesty The
Queen [1988] 2 MLJ 656
Commomwealth of Australia v
Midford [1990]1 CLJ 878
The Schooner Exchange (1812) 11
US 116
Ghadaffi case, French Cour de
Cassation, March 13 2001
US v Noreiga (1990) 99 ILR 143
The Pinochet case (No. 3) [2000] 1
AC 147
Arrest Warrant case (Congo v.
Belgian), (2002) ICJ 121

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14 7.0 Immunity from Jurisdiction 3+5 Required:

[Cont.] Abdul Ghafur Hamid (2019). Chapt.
7, 178-188.
7.2 Diplomatic immunity Mohammad Naqib (2008). 160-172
7.2. Inviolability Vienna Convention on the
7.2.1 Inviolability of premises of the Diplomatic Relations, 1961
Mission
- Inviolability of documents/ Recommended:
private Sen (1988).
Residence (arts 24, 30) Hardy (1967)
7.2.2 Inviolability of diplomatic
agents Cases
(Art 29) 767 Third Avenue Associates
7.2.3 Immunity from jurisdiction Permanent
- Criminal jurisdiction: absolute. Mission of Zaire (1993) 99 ILR
- Civil jurisdiction: three exceptions 194
7.2.4 Waiver of immunity Shooting Episode at Libyan Embassy
7.2.5 Persons entitled to immunity (Art in London, (1984) 55 BYIL 459
37) US Diplomatic and Consular Staff
(Art 38) in Tehran Case, 1980 ICJ Rep. 3
7.2.6 Duration of immunity (Art 39) Armed Activities on the Territory
7.2.7 How to address abuse of immunity
of
Persona non grata; Art 9
Waiver of immunity: Art 32 the Congo (Congo v Uganda)
(2005) ICJ Rep 168
Empsom v Smith [1966] 1 QB 426
Engelke v Musmann [1928] AC
433 HL
Former Syrian Ambassador to the
GDR case (1997) 121 ILR 595.
PP v Orhan Olmez, (1988) 1 MLJ
13
Village Holdings Sdn. Bhd. V Her
Majesty the Queen in Right Of
Canada, [1988] 2 MLJ 656

116
Mid-Term Test and Final Examination 4
TOTAL 120

16 References

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16.1 Required

Abdul Ghafur Hamid @ Khin Maung Sein (2019). Public International Law: A Practical Approach.
(4th. revised ed.), Kuala Lumpur: Thompson Reuters, Sweet & Maxwell.
Abdul Ghafur Hamid @ Khin Maung Sein (ed.), (2012). Basic Documents in International
Law (4th. revised ed.), Kuala Lumpur: Harun M. Hashim Law Centre, IIUM
Dixon, Martin, (2013). Textbook on International Law, (7th. ed.). Oxford: Oxford University
Press.
Mohammad Naqib Ishan Jan (2008). Principles of Public International Law: A Modern Approach,
Kuala Lumpur: IIUM Press.
Shaw, Malcolm N, (2015). International Law, (7th ed.), Cambridge: Cambridge University
Press.

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16.2 Recommended

Books

Barker, J.C., (2009). Immunities from Jurisdiction in International Law, Oxford: Oxford
University Press.
Crawford, James, (2012). Brownlie’s Principles of Public International Law, (8th ed.). Oxford:
Oxford University Press.
Byers, Michael & Nolte, Georg, (eds.), (2003). United States Hegemony and the Foundations of
International Law. Cambridge: Cambridge University Press.
Cassese, A. (2005). International Law, (2nd ed.). Oxford: Oxford University Press.
Cassese, A., (1995). Self-Determination of Peoples: A Legal Reappraisal, Cambridge
University
Press.
Chatterjee, C. (2007). International Law and Diplomacy, London: Routledge.
Crawford, J., (2006). The Creation of States in International Law, (2nd. ed.) Oxford: Oxford
University Press.
Denza, Eileen, Diplomatic Law: Commentary on the Vienna Convention on Diplomatic
Relations,
Oxford University Press (3rd. ed., 2008).
Dixon, Martin & Mclarquodale, Robert, (2016). Cases and Materials on International Law,
(6th. ed.), Oxford: Oxford University Press.
Evans, Malcolm D. (ed.), (2014). International Law (4th. ed.), Oxford: Oxford University Press.
Harris, D.J., (2016). Cases and Materials on International Law, (7th ed.). London: Sweet &
Maxwell.
Henkin, L., (1995) International Law: Politics and Values, Dordrecht: Martinus Nijoff.
Jennings, R. & Watts, A. (eds.), (1996). Oppenheim’s International Law, (9th ed.), (vol. 1). London:
Longman.
Malanczuk, P. (Ed.), (1997). Akehurst’s Modern Introduction to International Law, (7th ed.). London
and New York: Routledge.
Ragazzi, M., (1997). The Concept of International Obligations Erga Omnes. Oxford: Clarendon
Press.
Sharma, S. P., (1997). Territorial Acquisition, Disputes and International Law. The Hague:
Martinus Nijhoff Publishers.
Villiger, M.E., (1985). Customary International law and Treaties, Dordrecht: Martinus Nijoff
Publishers.
Wallace, R., (2005). International Law, (5th ed.). London: Sweet & Maxwell.
Weeramantry, C.G., (1988). Islamic Jurisprudence: An International Perspective. London:
Macmillan Press.
Wolfke, K., (1993). Custom in Present International Law, (2nd ed.). Dordrecht: Martinus Nijhoff
Publishers.
von Glahn, Gerhard (2017). Law Among Nations: An Introduction to Public International Law, (11th
ed.). New York: Routledge.

Articles
Abdul Ghafur Hamid @ Khin Maung Sein (2019). “Malaysia and the Rome Statute: the Issue of
Sovereignty” IIUM Law Journal, 27 (2), 279-316
Abdul Ghafur Hamid @ Khin Maung Sein (2019) “Malaysia” (“Application of International Law in
Malaysia”) in The Oxford Handbook of International Law in Asia and the Pacific (Oxford:
Oxford
University Press) 458-476.
Abdul Ghafur Hamid @ Khin Maung Sein, (2011) “Case Concerning Sovereignty over
Pulau Batu
Puteh: A Critical Analysis of its Legal Implications,” Malayan Law Journal, Vol 3
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Prepared by: Checked by: Approved by:

Prof. Dr. Abdul Ghafur Hamid Assoc. Prof. Dr. Nor Hafizah Prof. Dr. Farid Sufian
Course Coordinator Mohd Badrol Afandi Shuaib
Department of Civil Law Head Dean
Ahmad Ibrahim Kulliyyah of Civil Law Department Ahmad Ibrahim Kulliyyah
Laws Ahmad Ibrahim Kulliyyah of of Laws
Laws

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LAW 3912: Introduction to Public International Law

Course Assessment System, Semester 2 (2020-2021)

1. Attendance to the tutorials is compulsory. Students shall register for tutorials in the
First week of the semester.

2. Tutorials will be commenced in the Second Week. In the first tutorial class, the lecturer
will explain about (i) the assessment system; (ii) scoring rubrics (iii) the IRAC system
(how to answer problem questions and how to do problem assignments); and (iv) allot
tutorial assignment questions to students. Consultation for assignments will be conducted
in the Third Week tutorial.

3. Proper tutorial presentations will be commenced in the Fourth Week.

4. According to the new Assessment System, there are three components of assessment for
Course Work (60%): (1) written assignment paper 20 marks, (2) Oral presentation 20
marks, and (3) Common Test 20 marks.

5. Written assignment paper (which carries 20 marks) must be submitted before the
appointed tutorial time (not later). It must be in the form of a small research (original
work) with references, foot notes, and typed (5 to 10 pages) (Times News Roman; 1.5
spacing).
Written paper is not a teamwork. Each student must submit its own paper and individual
assessment will be made. If traces of plagiarism or copying are found, no marks will be
given, and action will be taken.

6. During the tutorial time, the total of only 30 minutes will be allowed for oral
presentations (which carries 20 marks). DO NOT READ the written paper. Present with

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power point slides. Marks will be given on your oral skills based on the rubrics. This is
also not a teamwork. Individual assessment will be made.

7. The remaining ‘20 minutes’ is allocated for class discussions. Serious preparations and
active discussions of all students in the tutorial group are required.

8. Scoring rubrics are attached. Study the rubrics carefully to know the assessment
criteria. Students must strictly follow IRAC in doing Problem assignments and
answering problem questions in the Test and in the Final Exam.

9. Common Test will carry 20 Marks. The date for the Common Test is 10th April 2021
(Saturday) at 10.00 am through Google Classroom. The topic that will be covered is
“Nature of International Law” and the question is problem type. To answer one
question only and there will be no choice.

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Rubric for Assessment of Written Assignments

Criteria Excellent Good Fair Poor Weight

4 3 2 1 age
Originali Primarily refers to Frequently Often renders Rarely 4
ty of original sources, renders proper proper renders
Work always renders proper acknowledgemen acknowledgemen acknowledgm
acknowledgements to ts to the ts to the ents to the
the secondary sources secondary secondary secondary
that the student refers sources, attempts sources, attempts sources; is
to, put forward to put forward to free from doubtful
student’s original original ideas, plagiarism. whether the
ideas, and entirely and substantially work is
free from plagiarism. free from original.
plagiarism.
Research Impressively relies on Consistent and Despite the Hardly any 4
Skills correct sources and accurate understanding of referencing
literature, sources are referencing; referencing, and
well-referenced in the substantially citing is not completely
foot notes, strictly follows the IIUM consistent and inadequate
follows the IIUM footnoting there are some bibliography.
footnoting system, system; includes errors.
and includes a a well presented Bibliography is
comprehensive bibliography. not complete.
bibliography.

Content Contains original, Contains relevant Contains some Contains 8

Essay highly relevant, and and reasonable but inadequate
assignme exceptionably comprehensive limited information
nts; comprehensive information and information and and also
information and is is evidence of is an attempt at includes
evidence of highly critical analysis analysis of source errors and
skilled and critical of source material, misinterpretat
analysis of source material. although limited ions.
Problem- material. in scope.
solving
assignme Same as legal Same as legal Same as legal Same as legal
nts reasoning grid based reasoning grid reasoning grid reasoning
on IRAC (see Rubric based on IRAC based on IRAC grid based on
for Problem-Based IRAC
Questions)

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Organiza The work is The work is The work is The work is 4

tion and exemplary in coherently structured but lacking in
Languag structure and structured with a some parts are set structure and
e coherence; good level of out in a is mostly
conceptual disorganized or incoherently
clarity. unclear fashion. set out.
Excellent use of Satisfactory use The work
grammar and Good use of of grammar and displays poor
language grammar and language use of
conventions. language conventions but grammar and
conventions. may contain language
some errors and conventions.
lack of fluency.

Rubric for Problem-Based Questions and Assignments

In line with Legal Reasoning Grid based on IRAC (Issue, Relevant law, Application,
and Conclusion)

Criter Excellent Good Fair Poor Weig

ia 4 3 2 1 htage

Identif Identifies all the Identifies most of Identifies some of Omits or 3

ies the legal issues the legal issues the legal issues p o o r l y
legal correctly in the correctly in the correctly in the identifies
Issues factual problem. factual problem. factual problem. the legal
issues.

States Impressively Convincingly Fairly describes Omits or 6

the describes the describes the the relevant law p o o r l y
Releva relevant law relevant law derived from describes
nt law derived from derived from treaty, customary the relevant
treaty, customary treaty, customary international law law.
international law international law and case law;
and case law; and case law; includes the
includes the includes the definitions of
definitions of all definitions of some of the
the elements of the most of the elements of the
law. elements of the law.
law.

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Applie Makes linkages Makes linkages Makes linkages Omits or 4

s legal between all of the between most of between some of poorly
reasoni elements of the the elements of the elements of the makes
ng to relevant law and the relevant law relevant law and linkages
the the factual and the factual the factual between the
factual problem; Makes problem; Makes problem; Makes elements of
proble analogies between analogies between analogies between the relevant
m the factual problem the factual the factual law and the
and the law clearly problem and the problem and the factual
stating the law. law. problem.
similarities. Distinguishes the
Distinguishes the factual problem
factual problem from the law.
from the law
clearly stating the
differences.

Reach Reaches Reaches Reaches Omits or 2

es convincing conclusions on conclusions on poorly
Concl conclusions on all most of the legal some of the legal reaches
usions of the legal issues, issues, based on issues, based on conclusions
based on strong strong support support from .
support from from relevant law. relevant law.
relevant law.
Justifies why
alternative
conclusions were
not reached.

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Rubric for Assessment of Oral Presentation

Criteria Excellent Good Fair Poor Wei

4 3 2 1 ghta
ge
Content Demonstrates full Demonstrates Uncomfortable Does not have 6
knowledge of the c e r t a i n with the grasp of the
Knowledg relevant law by knowledge of explanation of relevant law;
e of law; referring to the relevant the relevant Not able to apply
Applicatio correct definitions law; law; the law to the
n of law and elements of Arguably factual problem;
to the the law; applies the law Not at ease to Cannot answer
factual Convincingly to the factual apply the law questions about
problem; applies the law to problem; to the factual t h e s u b j e c t -
Ability to t h e f a c t u a l Answers most problem; matter.
answer problem; questions Able to answer
questions A n s w e r s a l l without much o n l y
questions with elaboration. rudimentary
clear reference questions.
and evidence.

Presentat Holds attention of Consistent use Displays No eye contact 2

ion skills entire audience of eye contact minimum eye with the
with the use of with audience, contact with audience, as
Eye direct eye contact; but still audience, while entire
contact; seldom looking at returns to reading mostly presentation is
Enthusias notes. notes often. from the notes. read from notes.
m; Demonstrates Shows some Shows little or Shows no
Audience strong enthusiasm enthusiastic mixed feelings interest in topic
awareness about the topic feelings about about topic. presented.
during entire topic. Raises Fails to increase
presentation. Raises audience audience
Significantly audience understanding understanding
increases understanding and knowledge and knowledge
audience and awareness of some points. of topic.
understanding and of most points.
knowledge of
topic.

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Organiza Presents Presents Audience has Audience cannot 2

tion and information in a information in difficulty understand
time logical, well- a logical following presentation as
managem structured and manner and presentation as there is no
ent organized manner, more or less the student sequence of
exactly within the within the jumps around. information.
limited time- time frame.
frame.

Rubric for Assessment of Class Discussions

Criteria Excellent Good Fair Poor Weigh

4 3 2 1 tage
Preparatio Student is Student has Student has Student is not 3
n consistently read and read the adequately
well prepared; thought about material but prepared;
Frequently the material not closely Does not appear
r a i s e s in advance of or has read to
questions or class. only some of have read the
comments on the assigned material in
material material in advance of
outside the advance of class.
assignment. class

Level of Proactively Proactively A few Student never 3

engagemen and regularly contributes to contributions contributes to
t and active contributes to class to class class
participatio class discussion, discussion; discussion; fails
n discussion; asking Seldom to respond to
Initiates questions and volunteers but direct
discussions on respond to responds to questions.
issues related direct direct
to class topic. questions. questions.

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Listening L i s t e n s Listens and Does not listen Does not listen 1

skills without appropriately carefully when others
interrupting responds to the and comments talk;
and contributions of are often interrupts, or
incorporates others. non responsive m a k e s
and to inappropriate
expands on the discussion. comments.
contributions
of other
students.

Relevance Contributions Contributions Contributions Contributions, 3

of are are always are when
contributio relevant and relevant. sometimes off- made, are off-
n to topic promote topic or topic or
under deeper analysis distracting. distract class
discussion of the from
topic. discussion.

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TUTORIAL ASSIGNMENT QUESTIONS [LAW 3912]

Semester 2 (2020-2021)

[Important Note: Students must strictly follow IRAC to prepare both written and oral
assignments.]

WEEK 4

Assignment 1 [Nature of International Law]

[An assignment for two students]

(a) Make a comparative analysis of the Naturalist and Positivist doctrines and assess the critical
roles played by them in the development of international law in the 21st century.

(b) Where does the greatest weakness of international law lie: in its lack of legislature, in its lack of
courts with compulsory jurisdiction or in its lack of effective enforcement machinery?
Discuss. Illustrate your answer with major incidents.

WEEK 5

Assignment 2 [Nature of International Law]

[An assignment for two students]

(1) In July 2020, State B’s Government had got information from a reliable source that State A’s
Ambassador in State B was secretly supporting the rebels fighting to overthrow State B’s
Government and a huge stockpile of military weapons were stored in State A’s Embassy.
(2) In September 2020, thousands of acres of agricultural land on the side of State B were damaged
due to chemical fumes and acid waters come from a copper smelter situated in State A across the
border.
(3) In November 2020, State A stopped delivering regular water supply to State B, which is required
under a bilateral Water Supply Treaty between the two countries.
(4) Very recently in February 2021, the army of State A invaded and occupied the Northern territory
of State B.

Advise the government of State B.

[Students are required to advise the Government of State B of how to respond to each action of State
A in accordance with international law, referring to ‘relevant’ peaceful and coercive means of
enforcing international law.
Must refer to other relevant chapters of the Public International Law Textbook, such as Chapter 7:
Immunity from Jurisdiction; Chapter 8: Law of Treaties; Chapter 9: State Responsibility and Chapter
14: Legal Regulation of the Use of Force.]

[The first student must prepare a written memorandum and an oral presentation on issues (1) and (2)
and the second student to do likewise on issues (3) and (4).]

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WEEK 6

Assignment 3 [Sources of International Law]

[An assignment for two students]

The Chief Justice of Atlanta has been chosen to sit on the bench of the International Court of Justice
as an ad hoc judge in a case now before the Court. He has not studied international law and is
experiencing some difficulty in dealing with the mass of diverse materials submitted as part of the
written pleadings. These materials include:

(a) a resolution of the United Nations General Assembly adopted unanimously on the prohibition
of racial discrimination;
(b) a resolution of the United Nations Security Council adopted under Chapter VII of the UN
Charter;
(c) a previous decision of the International Court of Justice;
(d) a treaty between the two parties to the dispute;
(e) the commentary of the International Law Commission on a particular provision of a
convention drafted by it;
(f) An equitable principle applied in most of the national legal systems;
(g) a document evidencing the fact that domestic courts in a significant number of countries have
uniformly decided upon an issue of international law;
(h) Principle 2 of the Rio Declaration 1992, which states among others that States have the
responsibility to ensure that activities within their jurisdiction or control do not cause damage
to the environment of other States or of areas beyond the limits of national jurisdiction.

Prepare a paper for the Chief Justice explaining how these materials can be treated as sources of
international law under which clause of Article 38(1) of the Statute of the ICJ and what will the
hierarchy among these materials be as sources of international law.

[One student must discuss items (a) to (d) and the other from (e) to (h), also demonstrating the
hierarchy among these materials as sources of international law].

WEEK 7

Assignment 4 [Relationship between International and National Law]

[An assignment for two students]

(a) The State of Monata has recently become independent and wishes to include in its constitution a
provision concerning the relationship between international law and its national law. Draft a
memorandum describing what you consider to be the ideal provision and explaining its
advantages and disadvantages as compared with other possible provisions.
Illustrate your answer with reference to the practice of relevant common law and civil law
countries.

(b) In PP v Rajappan [1986] 1 MLJ 152, the learned Lord President noted that it was necessary to
translate the customary law principle into national law by means of a statutory provision in order
for it to have binding legal effect in Malaysia: a hint for the application of the doctrine of
transformation and a clear dualist trend even in the case of customary international law.

Discuss the above statement with specific reference to the difference in practice between
Malaysia and other common law countries, such as the UK, Canada, and Singapore, in the
application of customary international law.

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WEEK 8

Assignment 5 [Subjects of International Law]

[An assignment requiring two students to present]

(a) Atlanta, an under-developed State, enters into an oil concession agreement with Petronas. The
concession allows Petronas to do oil drilling and exploitation for 30 years. Since 2005, Petronas
has invested RM 100 million for the construction of oil-drilling installations in Atlanta. In May
2016, the Government of Atlanta unilaterally terminates the concession agreement by Degree
Law No.6 on the ground that due to increasing movements of Atlan-tigers (an ethnic rebel group)
in the surrounding areas, the Government could no longer guarantee the safety of oil-drilling
activities in the area. In fact, the rebel movements are quite far from the area where Petronas is
doing business and the real intention of the Government of Atlanta is to grant the concession to
anther Oil Company. Petronas wants to institute proceedings against Atlanta for its financial
losses before the International Court of Justice.

You are a legal counsel in the Attorney General’s Chamber of Malaysia. How will you advise
Petronas?

Would your advice be different if the case were brought before the International Centre for
Settlement of Investment Disputes (ICSID) and both Malaysia and Atlanta were parties to the
Convention on the Settlement of Investment Disputes between States and Nationals of Other
States, 1965?

(b) “All peoples have the right to self- determination; by virtue of that right they freely determine
their political status and freely pursue their economic, social and cultural development.”
[Common Article 1, the ICCPR and the ICESCR]
On the basis of the above provision, discuss the right to self-determination of peoples as a legal
right, the bearers of the right, and the two types of external and internal self-determination.

WEEK 9

Assignment 6 [State Territory]

[An assignment for two students]

Plutonia, Arcadia, and Ruritania are States members of the United Nations. All the three States claim
a small island in the North China Sea called the Pearl Island. Their claims are as follows:

Some traders from Plutonia discovered the Pearl Island, which was entirely uninhabited, in 1467.
From 1520 onwards Arcadian fishermen began to fish in Pearl Island’s coastal waters and have since
started a small fishing village there. In 1745, the Government of Arcadia sent a naval vessel to the
Island, fly its flag on it, and pronounced its sovereignty over the island. Since then, a judge from
Arcadia visited the island every month to deal with criminal or civil cases that occurred among the
inhabitants.

In the 19th and the first half of the 20th Centuries, all the islands in the North China Sea were under the
Great Empire of Gogoland. When Ruritania gained its independence in 1969, it concluded a treaty
with its colonial power, the Great Empire of Gogoland, whereby the Pearl Island was transferred to
Ruritania till “the Sun and Moon and Stars come down”. Since that time, Ruritania has claimed itself
the same territorial sea around the Pearl Island as did its colonial ruler.

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Plutonia was greatly distressed at all the activities that were being carried out in Pearl Island and
consequently sent its Navy last year ‘to defend its island and its territorial waters.’ After that event,
Arcadian fishermen could no longer fish in those waters and those fishermen have asked the
Government of Arcadia to intervene in the matter immediately. The Government of Ruritania could
not defend the Pearl Island as its Navy was small. Plutonia has since annexed the Pearl Island.

Discuss the legal position.

[The first student is the legal counsel for Arcadia and the second student is the legal counsel for
Ruritania. Argue for your respective country on the basis of international law.]

WEEK 10

Assignment 7 [State Territory]

[A mini-moot question, involving two students]

In 1673, Vann Clapp, a Naval Admiral employed by the Government of Fudgia to explore new
territories, discovered an uninhabited island in the center of an international seaway. He lowered a
boat, headed for the island and, by raising the Fudgian flag and saying a solemn prayer, claimed the
island on behalf of his sovereign. He then notified the Government of Fudgia, which published the
declaration of Fudgian sovereignty over Vann Clapp Island (named after him) in a local journal.

In 1760, a religious group, the Seekers, who had fled from persecution in their native land, Flavia,
settled in the island. Due to well organized social structure and good leaders, they prospered and their
population increased.

In 1850, Fudgia suffered defeat in a major conflict with its neighbour Contona. In the Peace Treaty
that Fudgia signed, it is stated:

“We hereby declare all territories formally under the rule of Fudgian Crown, including Van
Clapp Island, Contonian. Fudgia disclaims any right to these territories in the future.”

In the present day, the inhabitants of Vann Clapp Island are unhappy with the situation that they are
under Contona rather than Fudgia or Flavia. They approach Flavia to represent them and take up their
case. The Government of Flavia now claims that the inhabitants of Vann Clapp Island have the right
to determine their own future in accordance with the right to self-determination as enshrined in the
Charter of the United Nations and in article 1 of the International Covenant on Civil and Political
Rights (ICCPR) 1966. Flavia officially declares that, on behalf of the inhabitants of Vann Clapp
Island, they are initiating an international claim against Contona to allow referendum for the people to
determine their own future to establish a new state or to merge with any State of their own choice.

Contona Counter-claims that Vann Clapp Island is legally theirs and that Flavia has no locus standi to
make an international claim against it as the latter is not an injured State.

Discuss the legal position.

[This is a mini-moot question, which will require two students: one is representing the applicant
(Flavia) (on behalf of the inhabitants of Vann Clapp Island), and the other is representing the
respondent (Contona) respectively, to prepare written memorials as well as oral submissions.]

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WEEK 11

Assignment 8 [State jurisdiction]

[An assignment for two students]

A civil war is ongoing in State A between the majority ethnic group, the Mamas, and a minority ethnic
group, the Papas. The size of population of the Papas is very small. At the start of the conflict it had
only 2,000 members and the Government of State A (which is comprised of members of a third ethnic
group, the Kinks) decides to intervene to protect the remaining 300 members before they are all
killed. It orders a commercial airliner to carry the 300 Papas to safety to the neighbouring State B
(whose population is almost entirely composed of Papas).

Colonel McNasty, who is the commander of the armed forces of State A and an ethnic Mamas,
becomes aware of these plans and personally orders the launch of a missile which destroys their
airliner during takeoff from the capital of State A, killing all on board. Horrified at this act of
barbarity, the Government of State A fires Colonel McNasty from the post of the commander of the
armed forces. McNasty flees State A and manages to sail to State C, a neighbouring State.

The secret police of State B enters State C without the knowledge of its Government, forcefully
abducts McNasty, and brings him back to State B. State B is preparing to initiate legal proceedings
against McNasty on charges of war crimes and genocide. On the other hand, State A asks State B to
extradite McNasty to State A in accordance with the existing extradition treaty between the two
countries in order that he is tried in State A under its own law.

The dispute between State A and State B relating to the claim of jurisdiction over McNasty has been
submitted to the International Court of Justice (ICJ) by means of a Special Agreement between the
two States.

[The first student is the legal counsel for State A whereas the second student is the legal counsel for
State B to argue for their respective countries before the ICJ.]

WEEK 12

Assignment 9 [Immunity from jurisdiction]

[An assignment for two students]

(a) A, the Minister of Foreign Affairs of State X, engages in human trafficking of nationals of State
Y in the territory of State Y. Will he be immune from the jurisdiction of the courts of the third
State of Z when he is there on an official visit?

Discuss.

(b) The State of Machoville and the State of Ruritania were at war for one decade. Through
the initiative of the Secretary-General of the United Nations, the two States agreed to
normalise their relations by ending the war and exchanging diplomatic relations.

Five years after the end of the war, Machoville suspects that Ruritania is using its
embassy to support the rebellion in Machoville. One day, the Machovillian police stop
and search the Ruritanian Ambassador and his vehicle while he is being driven to the
embassy. The police discover firearms and ammunition in the vehicle and detain the

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Ruritanian Ambassador. Subsequently, the Machovillian police raid the Ruritanian

Embassy after some scuffles with the security officers of the embassy. Machoville
claims that its police have a search warrant. During the raid, a member of the
administrative and technical staff of the mission is injured and properties are destroyed.
The raid reveals quantities of firearms believed to be destined for the rebels.

Discuss the legal position.

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ANNEX

I. Course Instructor Details

Semester: 2 Academic Year: 2020-2021

No. Name Email Department

1 Prof. Dr. Abdul Ghafur [email protected] Civil Law Department
Hamid
2 Dr. Areej Torla [email protected] Civil Law Department

II. Programme Learning Outcomes

At the end of the programme, students are expected to be able to:

No. Outcomes Outcome Domain

1 illustrate an understanding on the fundamental of Knowledge
legal principles, concepts and theories and
authoritative sources of law in Law and Shari’ah.
2 perform critical, analytical and problem solving Problem Solving and
skills with the ability to apply relevant principles, Scientific Skills
concepts and theories in Law and Shari’ah to a given
situation.
3 demonstrate adequate level of proficiency in Bahasa Communication, Leadership
Malaysia, English and Arabic Language and and Team Skills
practical skills including communication (oral and
written), negotiation, client counselling and
interview, mooting and research skills.
4 explain international development in Law and Knowledge
Shari’ah.
5 function in the working environment of Law and Practical Skills/Social Skills
Shari’ah such as in the courts, law firms, corporation and Responsibilities/
and legal aids centres. Managerial and
Entrepreneurial Skills
6 display an awareness, and as far as practicable, Values, Attitudes and
internalise the ethics and etiquette of profession, as Professionalism
well as moral obligations to the community and
humanity.
7 apply managerial and entrepreneurial skills to Managerial and
establish career opportunities in legal profession. Entrepreneurial Skills

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8 apply relevant skills for lifelong learning and Information Management and
continuing professional development. Lifelong Learning Skills
9 demonstrate understanding of rule of law and social Knowledge/Social Skills and
justice. Responsibilities/Value,
Attitudes and Professionalism
10 demonstrate knowledge of jurisdictional dispute Knowledge /Value, Attitudes
between Syariah Court and Civil Court. and Professionalism/ Problem
Solving and Scientific Skills

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