Question 1

The Havana Island is a volcanic island that emerged in between the States of Alibaba and Babanya around the 1970s. It is an uninhabitable island, covered with dense forest, dangerous wild animals and high cliffs. It is the habitat of the national tiger of Alibaba. The tiger is also portrayed as an emblem on anything associated with the State of Alibaba, such as the military, government buildings and even the national football team. In addition, on Alibaba's own national map, the island is named as 'Havana Island' and is labelled as such in the 'International World Map', an unofficial map created by a worldwide famous and highly respected topographer in the 1980s. Babanya has built several outposts on several strategic locations around the island. It is operated by machinery fully, to chart and observe the wildlife on the island. It is one of the few volcanic islands that is used exclusively for scientific research to study the natural migration of life on barren land. In addition, the Babanya's navy patrol would occasionally patrol around the island to ensure that it is protected. Alibaba and Babanya are now arguing over the territory of the island. Using established international law principles, discuss the claims that both States have over the island.

Question 2

International customary law is one of the most important sources of international law. To what extent then, can a Malaysian court implement international customary law? Explain with reference to decided cases and established theories.