TJC H1 HISTORY P1 ANS

Temasek Junior College Preliminary Examinations 2015 H1 History (8814)/H2 History (9731/01) – Mark Scheme © Temasek Junior College 2015 Section A: Source-based Study THE UNITED NATIONS AND INTERNATIONAL LAW 1 Read the Sources and then answer the question that follows. Source A The General Assembly established several conventions that addressed specific terrorist acts – such as aircraft hijacking, the kidnapping of diplomats and the taking of hostages – and considered such acts as criminal offences. It favoured a domestic law enforcement approach that obligated states to either prosecute or extradite those accused of terrorist acts. The changing nature of terrorism in the 1990s – in particular, its more global reach – exposed this a pproach as less than effective… As terrorism became increasingly seen as a threat to international peace and security, states started to favour a firmer approach that allowed for the use of economic sanctions and military force. The Security Council’s resolutions in the 1990s codified this approach. Sanctions made support of terrorist a ctivities more costly, and the state sponsors of terrorists, such as Libya and Iran, more responsive. Adapted from an academic article, “The UN and the Campaign against Terrorism”, 2004. Source B Evaluation of the ICJ frequently dwelled on its relatively light case load due to the reluctance of states to submit disputes, but other opinions stress its contributions to the process of systematizing, consolidating, codifying and progressively developing international law…the ICJ has contributed to peaceful settlement of disputes of several different kinds, most particularly involving land and maritime boundaries, and to restoring peace between parties, although governments still prefer to use political methods in many cases. Adapted from an academic book on the history of international organisations, 2004. Source C The Palestinians’ near -monopoly on terrorism during the 1960s led the UN to treat the problem as a local issue. High -profile acts of terrorism did not extend beyond these bounds until Ju ly 1968, when members of the Popular Front for the Liberation of Palestine hijacked El Al Flight 426, which carried scores of non -Israeli citizens – an incident that effectively laid the foundation for al -Qaeda's September 11 attacks decades later. Yet eve n after a series of plane hijackings in September 1970 and the murder of eleven athletes during the 1972 Munich Olympics, the UN Security Council (UNSC) still refrained from passing a resolution to crack down on terrorist groups. Not until the end of the C old War, the drafting of the Oslo Accords, and the rise of al -Qaeda in the 1990s did the UN begin to view terrorism as something more than an Arab -Israeli issue…the UNSC Resolution 1267 (1999) had already imposed targeted sanctions on al -Qaeda and its supp orters, as well as the Taliban. Yet this resolution has proven limited because groups or individuals must be designated as terrorists, before member states can take action against them. Adapted from comments by a researcher based in an American Middle East policy think-tank, 2010.

2 © Temasek Junior College 2015 Source D I want to ask the question whether the 1982 UN Convention on the Law of the Sea has lived up to our hopes and aspirations. I hope I do not sound boastful when I say that the convention has achieved our shared vision. The convention has made a contribution to international peace and security by replacing a plethora of conflicting claims, with universally agreed limits on the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf. The world community's interest in the freedom of navigation has been well served by the delicate compromises contained in the convention on the status of the exclusive economic zone, the regime of innocent passage through the territorial sea, the regime of transit passage through straits used for international navigation and the regime of archipelagic sea - lanes passage. From a speech made by Professor Tommy Koh* during the commemoration of the 20th anniversary of the signing of the UNCLOS, 2002. * Professor Tommy Koh was the President of the 3 rd UN Conference on the Law of the Sea held in 1982. Source E Beijing's claim to the South China Sea takes away the maritime entitlements of the Philippines, Vietnam, Malaysia, Brunei, and Indonesia to exclusive economic zones and extended continental shelves, which is in gross violation of UNCLOS. The Philippines ratified the UNCLOS in 1984, while China signed it in 1996. By ratifying UNCLOS, member -states bound themselves, and gave their consent in advance on all UNCLOS standards and mechanisms. China's claim converts the South China Sea into an internal Chinese lake, allowing China to unilaterally appropriate for itself what belongs to other sovereign coastal states, in defiance of UNCLOS. UNCLOS does not provide any enforcement mechanism for decisions handed down. The best recourse for the Philippine government is to appeal to world opinion. From a speech by a Filipino senior legal advisor, 2013. Now answer the following question. How far do Sources A-E support the view that the United Nations was largely effective in developing and implementing international law from 1945 to 2000? Assessment Rubrics Level 1 Writes about assertion, no use of sources (1-5m) Level 2 Uses information taken from sources to support OR challenge the assertion (6-8m) Level 3 Uses information taken from sources to support AND challenge the assertion (9-13m) Level 4 By interpreting/evaluating sources in context, finds evidence to support OR challenge the assertion (14-16m) Level 5 By interpreting/evaluating sources in context, finds evidence to support AND challenge the assertion (17-21m) Level 6 Must reach Level 5 first, then (22-25m) Either a) explains why evidence to support or challenge is better or preferred (i.e. comparative judgement on why some sources are better than others)

3 © Temasek Junior College 2015 Or b) explains why evidence points to an alternative assertion and rest ructures the assertion to fit the sources Section B: Essays 2 To what extent was the Cold War in Europe primarily caused by the defensive actions of the USA and the USSR? Band Marks Descriptors 1 21-25  Essays will be focused consistently on the demands of the question, in analysing whether the Cold War was caused fundamentally by the USA and the USSR taking defensive actions against each other.  The approach will be consistently analytical or explanatory rather than descriptive or narrative.  Essays will be fully relevant and accurate in analysis and factual substantiation.  The argument will be structured coherently and supported by appropriate factual material.  At the lower end of the band, there may be some weaker sections to the answer, but the overall quality will show that the candidate is in control of the argument. 2 18-20  Essays will be focused clearly on the demands of the question but there will be some unevenness, in analysing whether the Cold War was caused fundamentally by the USA and the USSR taking defensive actions against each other.  The approach will be mostly analytical or explanatory rather than descriptive or narrative.  The answer will be mostly relevant and accurate in analysis and factual substantiation.  Most of the argument will be structured coherently and supported by largely appropriate factual material.  The impression will be that a good solid answer has been provided. 3 16-17  Essays will reflect a clear understanding of the qu