1. You have three (3) hours to complete this exam.

2. This is an open-book exam. You may use the assigned case book, the assigned documentary supplement, materials handed out in class, and your own notes compiled in preparation for class and taken during class. In addition, you may consult summaries and outlines if you prepared them as a result of your own intellectual efforts. You may not bring to the classroom or consult textbooks (apart from those described above), summaries or outlines prepared by others.

3. You are cautioned that you have only three (3) hours to complete this exam. Undue consumption of time devoted to searching the materials brought to the classroom may leave insufficient time to complete your essays. Budget your time prudently.

4. You are required to answer NO MORE THAN FOUR (4) of the questions set.

5. Write your exam number on your exam envelope. Put your student exam # at the top of this page, each page of questions, and each blue book. Do not use your name, student ID number or Social Security Number on any exam materials.

6. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

CHOOSE FOUR (4)
OF THE FOLLOWING NINE (9) QUESTIONS TO ANSWER

1. Which is your preferred source of international law, treaties, customs, general principles of law, judicial decisions or the writings of the most highly qualified publicists?

2. What is a publicist? Who, in your considered opinion, are “the most highly qualified publicists? Is the President of the Supreme Court of the United States a publicist or necessarily a “most highly qualified publicist”?

3. What is the role of “non-recognition” in international law? Assess its importance in the context of

a. a newly emerged State,
b. a revolutionary government in effective control of the entire national territory of an existing State,
c. a declaration annexing the territory of an existing State following invasion and occupation, or
d. a military Authority established by multinational coalition forces over the territory of an independent State Member of the United Nations.

4. Is the prohibition of the use of force as enshrined in Article 2, paragraph 4, of the Charter of the United Nations an absolute obligation incumbent on every State, member or non-member of the United Nations? If so, is it a norm of “jus cogens” which admits of no derogation? What possible exceptions could there be to the principle of non-use of force in international law?

5. If a State cannot, as a general rule, resort to the use of force against another State, how could a dispute between States be resolved by means other than the use of force? Explain and illustrate the use of the variety of peaceful means to be mutually chosen by the States parties to the dispute.

6. Is it true that the United States, as an independent sovereign State, and not unlike any other independent sovereign State, is not only accountable but also responsible for every internationally wrongful act attributable to it? Describe by way of illustration possible measures or counter-measures in current international law that could serve to persuade States to comply with rules of international law.

7. Should any exception to the rule of State Immunities from the jurisdiction of the courts of another State serve as a valid basis for the exercise of jurisdiction by a national court regardless of the general rules of private international law or its own international conflict rules.?

8. To what extent, is the right to life, or any other human right for that matter, a living reality in contemporary international law?

9. Describe the more usual modes of acquisition of title to territories under current international law other than conquest or treaty of cession?

END OF EXAM