Public International Law - Question Bank

1.Define international law and discuss custom as a source.

Answer:

Definition of International Law

International law can be defined as the body of rules and principles that govern the
relations and conduct of states and other international entities in their interactions with
one another. It encompasses laws derived from treaties, customs, and general principles
accepted as law by the international community. According to Oppenheim, “International
law is the name for the body of customary and conventional rules which are considered
legally binding by civilized states in their intercourse with each other.”

Custom as a Source of International Law

Customary international law is one of the primary sources of international law as

recognized under Article 38(1)(b) of the Statute of the International Court of Justice (ICJ). It
refers to practices that are consistently followed by states out of a sense of legal obligation
(opinio juris).

Elements of Customary International Law

1. State Practice: This includes the consistent and general practice of states over
a considerable period of time. Examples include diplomatic immunity and the
freedom of navigation.

2. Opinio Juris: A belief by states that such practices are legally required and
not
merely followed out of convenience or habit.

Examples of Customary International Law

The principle of non-intervention in the internal affairs of other states.

The rule prohibiting the use of force, except in self-defense or with UN Security Council
authorization.

Diplomatic immunities granted to foreign diplomats.

Case Reference

In the North Sea Continental Shelf Cases (1969), the ICJ emphasized the importance of
consistent state practice and opinio juris in establishing customary
international law. The court ruled that even without a treaty, consistent practices reflecting
these two elements could form binding customary rules.

Strengths of Customary International Law

It is flexible and adaptable to new situations.

It reflects the actual practices and beliefs of states.

Weaknesses of Customary International Law

Ambiguity in determining consistent state practice.

The slow process of evolving customs, which may not address urgent global issues.

Conclusion

Custom as a source of international law plays a vital role in regulating state behavior. It
ensures that international law is grounded in practical realities while remaining a dynamic
and evolving field. Although codification through treaties has increased, custom continues
to be a significant source of binding rules in international relations.

2.Examine British practice as to the application of international law with in the

municipal state
Answer:

Introduction

The United Kingdom follows a dualist approach to the relationship between international
law and municipal (domestic) law. This means that international law

does not automatically become part of domestic law but must be incorporated through
legislation. British practice reflects this principle, distinguishing between the application of
customary international law and treaty law within the municipal legal framework.

Application of International Law in the UK

1. Customary International Law:

British courts recognize customary international law as part of the common law, provided it
is not inconsistent with domestic statutes or established common law principles.

The House of Lords in Trendtex Trading Corporation v. Central Bank of Nigeria

(1977) held that customary international law is automatically part of the common law
unless contradicted by domestic legislation.
2. Treaty Law:
Treaties entered into by the UK government do not automatically have legal effect in
domestic courts unless they are enacted into law by Parliament.

This principle was upheld in R v. Secretary of State for the Home Department, ex parte
Brind (1991), where the court refused to apply provisions of the European Convention on
Human Rights directly because they had not been incorporated into domestic law.

3. Conflict Between Domestic and International Law:

When there is a conflict, domestic law prevails. Courts will not invalidate domestic
legislation, even if it contradicts international obligations. This principle was affirmed in
Mortensen v. Peters (1906), where the court upheld domestic fishing laws over conflicting
international agreements.

British Practice in Specific Cases

1. Human Rights Law:

The UK incorporated the European Convention on Human Rights (ECHR) into domestic law
through the Human Rights Act 1998, enabling domestic courts to

directly apply its provisions.

2. European Union Law:

During its membership in the European Union, EU law had direct effect and supremacy over
domestic law under the European Communities Act 1972. After Brexit, this ceased with the
passage of the European Union (Withdrawal) Act 2018.

3. War Crimes and Universal Jurisdiction:

In R v. Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 3)
(1999), the House of Lords allowed the arrest of former Chilean dictator Pinochet in the UK
under international customary law and the UK’s obligations under the Torture Convention.

Criticisms of the British Approach

1. Lack of Automatic Incorporation: This can lead to situations where the UK

violates international obligations due to delays or failures in domestic
legislation.

2. Parliamentary Supremacy: The primacy of domestic law over international

law may weaken the UK's adherence to international norms.
Conclusion

The UK's dualist approach ensures parliamentary control over the incorporation of
international law, preserving domestic sovereignty. However, this approach also creates
potential gaps
in compliance with international obligations. Despite these limitations, British courts have
shown a willingness to integrate customary international law and respect treaty obligations
where Parliament has enacted relevant legislation.

3.Trace the origin and development of international law

Answer

Introduction

International law, also known as the "law of nations," governs the relations between states
and other entities with international legal personality. It has evolved over centuries, shaped
by historical events, philosophical ideas, and practical needs

for cooperation among nations. This answer traces its origin and development from ancient
times to its modern form.

1. Early Origins
Ancient Civilizations:

International law has its roots in the practices of ancient civilizations. Treaties, alliances,
and diplomatic norms existed in Mesopotamia, Egypt, India, and China. For example, the
Treaty of Kadesh (1259 BCE) between the Egyptian Pharaoh Ramses II and the Hittite King
is one of the earliest recorded peace treaties.

Greek and Roman Contributions:

Ancient Greece contributed to the concept of arbitration and diplomatic immunity, while
Rome developed the concept of jus gentium (law of nations) to govern

interactions with non-citizens.

2. Medieval Period
The decline of the Roman Empire saw the fragmentation of international relations.
However, the Church played a significant role in maintaining some order, particularly
through canon law.

The development of feudalism and the emergence of sovereign states in Europe laid the
groundwork for the modern concept of state sovereignty.

Customary maritime laws, like the Consolato del Mare, emerged to regulate trade and
navigation.

3. The Renaissance and Early Modern

Period
The Peace of Westphalia (1648) is a landmark in the development of international law,
establishing the principles of sovereignty and equality among states. This treaty ended the
Thirty Years' War and is considered the foundation of the modern state system.

Hugo Grotius (1583–1645), often called the "Father of International Law," wrote De Jure
Belli ac Pacis (On the Law of War and Peace), which laid the foundation for principles like
freedom of the seas, just war, and state sovereignty.

During this period, maritime law and colonialism expanded the scope of international law.

4. 18th and 19th Centuries

Enlightenment Philosophy: Thinkers like Rousseau, Kant, and Vattel emphasized ideas of
natural law, the social contract, and universal principles of justice.

Emergence of Positivism: International law shifted towards a positivist approach, focusing

on the will and consent of states rather than natural law.

Codification Efforts: The 19th century saw the first attempts to codify international law
through treaties, such as the Congress of Vienna (1815) and the Hague Conventions (1899,
1907).

5. 20th Century: Modern International Law

The horrors of World War I led to the establishment of the League of Nations in 1920,
marking the beginning of institutionalized international cooperation.

After World War II, the United Nations (1945) replaced the League, creating a more robust
framework for maintaining peace and security. The UN Charter became a cornerstone of
modern international law.

Other developments included the establishment of the International Court of Justice (ICJ)
and specialized agencies like the World Health Organization (WHO) and International
Labour Organization (ILO).

The Geneva Conventions codified humanitarian law, while the Universal

Declaration of Human Rights (1948) expanded the scope of international law to include
individual rights.

6. Contemporary Developments
The late 20th and 21st centuries saw the rise of international organizations, regional
cooperation (e.g., European Union, African Union), and environmental treaties (e.g., Paris
Agreement on Climate Change).

Courts like the International Criminal Court (ICC) were established to address crimes
against humanity and war crimes.
Non-state actors, multinational corporations, and individuals increasingly play a role in
international law.

Conclusion

The development of international law reflects the dynamic nature of global society. From
ancient practices to modern institutions, it has evolved to address the changing needs of the
international community. While challenges remain, such as enforcement and state
compliance, international law continues to adapt to promote peace, justice, and cooperation
among nations.

4. Examine the theories relating to nature and basis of international law

Answer

Introduction

The nature and basis of international law have been subjects of debate among

scholars. Theories about international law seek to explain its binding nature, its relationship
with sovereignty, and the principles that govern its development and enforcement. Broadly,
these theories can be classified into natural law theories, positivist theories, and other
modern perspectives.

1. Natural Law Theory

Basis: Natural law theorists argue that international law derives from universal moral
principles that are inherent in human nature. These principles are unchanging and serve as
the foundation for all legal systems, including international law.

Proponents: Thinkers like Hugo Grotius and St. Thomas Aquinas emphasized the

existence of a higher moral order governing international relations. Grotius, often called the
"Father of International Law," laid the groundwork for concepts like the just war theory and
freedom of the seas.

Criticism: Critics argue that natural law is too abstract and lacks practical applicability in a
world where states act based on interests rather than morality.

2. Positivist Theory
Basis: Positivism focuses on the consent of states as the source of international law. It
asserts that international law is derived from explicit agreements (treaties) and customary
practices that states recognize as legally binding (opinio juris).

Proponents: Thinkers like John Austin and Hans Kelsen championed positivism. Kelsen
viewed international law as a "normative system" derived from the consent of sovereign
states.
Criticism: Positivism is criticized for being overly reliant on state consent, which may
undermine the enforcement of international norms in cases of non-compliance.

3. Consent Theory
Basis: This theory holds that international law binds states because they voluntarily consent
to its rules. Consent can be explicit (through treaties) or implied (through customary
practices).

Strengths: It emphasizes state sovereignty and the principle of non-intervention.

Criticism: Critics argue that the voluntary nature of consent makes international law fragile,
as states can withdraw their consent or refuse to comply with certain norms.

4. Auto-Limitation Theory
Basis: This theory suggests that states limit their own sovereignty by agreeing to abide by
international law. This self-imposed limitation ensures peaceful coexistence and
cooperation among states.

Proponent: Triepel is a key advocate of this

theory.

Criticism: Critics argue that this theory fails to address cases where states breach
international law, demonstrating a lack of true limitation.

5. Sociological Theory
Basis: Sociological theorists view international law as a product of the social, political, and
economic interactions of states and other actors. It evolves in response to the changing
needs and relationships in the international community.

Proponent: George Schwarzenberger emphasized the influence of international society on

the creation of international law.

Criticism: This approach is criticized for its lack of a clear legal framework, as it focuses
more on societal dynamics than on formal legal principles.

6. Realist Theory
Basis: Realists argue that international law is subordinate to power politics. States comply
with international law only when it aligns with their national interests.

Proponent: This theory is rooted in the ideas of Niccolò Machiavelli and later realist
scholars in international relations like Hans Morgenthau.

Criticism: Realism is criticized for its cynicism and for undermining the

normative and cooperative aspects of international law.

7. Marxist Theory
Basis: Marxists view international law as a tool for the capitalist states to maintain their
dominance over weaker nations. They argue that it perpetuates inequality in the
international system.

Criticism: Marxism is often dismissed as overly ideological and less applicable to the
practical functioning of international law.

8. Eclectic Theories
Modern scholars often adopt eclectic

approaches, combining elements of natural law, positivism, and sociological theories to

explain the nature and basis of international law. These perspectives recognize the
complexities of the international system and the interplay between morality, state consent,
and societal needs.

Conclusion

Theories of international law provide diverse perspectives on its nature and binding force.
While natural law emphasizes morality and universal principles, positivism focuses on state
consent and practical enforcement. Contemporary international law draws from various
theories, adapting to the evolving needs of the international community while balancing
state

sovereignty and global cooperation.

6. Analyse the various sources of International Law according to statute of ICJ

Answer

Introduction

The Statute of the International Court of Justice (ICJ) outlines the principal sources of
international law in Article 38(1). These sources are fundamental in resolving disputes
between states and ensuring the orderly conduct of international relations. The ICJ relies on
these sources to apply and interpret international law in its judicial proceedings.

Sources of International Law Under Article 38(1)

1. International Conventions (Treaties):

Definition: Treaties are written agreements between states or international organizations,
governed by international law.

Binding Nature: They create specific rights and obligations for the parties involved. Treaties
can be bilateral, multilateral, or universal.

Examples:
The United Nations Charter (1945).

The Vienna Convention on the Law of Treaties (1969).

Significance: Treaties are considered a direct and formal source of international law
because they are based on the explicit consent of states.

2. International Customary Law:

Definition: Customs are practices consistently followed by states out of a sense of legal
obligation (opinio juris).

Elements:

State Practice: Consistent and general practice of states over time.

Opinio Juris: A belief that such practice is legally obligatory.

Example: The principle of non-refoulement in refugee law has evolved as customary

international law.

Case Law: In the North Sea Continental Shelf Cases (1969), the ICJ emphasized the need for
consistent state practice and opinio juris to establish a custom.

3. General Principles of Law Recognized by Civilized Nations:

Definition: These are fundamental principles common to major legal systems worldwide.
They fill gaps where neither treaties nor customs apply.

Examples:

The principle of good faith in treaty interpretation.

The principle of res judicata (finality of judgments).

Significance: General principles ensure that international law is consistent with domestic
legal systems.

4. Judicial Decisions and Teachings of the Most Qualified Publicists:

Judicial Decisions:

Decisions of international and national courts serve as subsidiary means for determining
the rules of law.

The ICJ itself does not follow a strict doctrine of precedent but considers prior decisions
persuasive.

Teachings of Publicists:

Works by renowned scholars, such as Hugo Grotius and Hans Kelsen, are referred to as
authoritative interpretations of international law.
Limitations: These are not primary sources but are valuable for interpreting and clarifying
existing laws.

5. Other Sources Recognized by Article 38(1):

The ICJ may also consider:

Equity and Ex Aequo et Bono: The court can decide a case based on fairness if both parties
agree.

Soft Law: Non-binding instruments like declarations, resolutions, and guidelines (e.g., the
UN General Assembly Resolutions).

Analysis and Critique

1. Flexibility:
Article 38 provides a comprehensive framework that allows the ICJ to adapt to the evolving
nature of international law.

2. Limitations:
Customary law can be difficult to prove due to its reliance on consistent state practice and
opinio juris.

The application of "general principles" can be subjective and lacks codification.

Judicial decisions and teachings are persuasive but not binding.

3. Practical Importance:
Treaties dominate contemporary international law, while customary law ensures continuity
and universality.

General principles and judicial interpretations play a significant role in filling legal gaps.

Conclusion

The sources of international law outlined in Article 38(1) of the ICJ Statute reflect the
dynamic and multifaceted nature of international legal systems. While treaties and customs
remain the primary sources, general principles, judicial decisions, and scholarly writings
enhance the robustness and adaptability of international law, ensuring its relevance in
resolving complex global issues.

6.Explain the theories relating to relationship between International Law and

Municipal Law
Answer

Introduction
The relationship between international law and municipal (domestic) law is a significant
issue in legal theory. This relationship determines how international norms are applied
within a state’s legal system. Scholars have proposed various theories to explain the
interaction between these two legal systems. The major theories include Monism, Dualism,
and other modern approaches like the Harmonization Theory.

1. Monism
Concept:

Monism asserts that international law and municipal law form a single, unified legal system.
Both operate as part of the same

legal order, and international law is automatically applicable within the municipal sphere
without the need for transformation.

Proponents:

Philosophers like Hans Kelsen and Hugo Grotius supported monism.

Key Features:

International law is superior to municipal law.

States are obligated to comply with international norms, even if they conflict with domestic
laws.

Criticism:

Critics argue that monism undermines

state sovereignty by prioritizing international law over domestic legislation.

2. Dualism
Concept:

Dualism emphasizes the separate and distinct nature of international law and municipal
law. These two systems operate independently, and international law must be incorporated
into domestic law through legislation before it can have any effect.

Proponents:

Scholars like Heinrich Triepel and Dionisio Anzilotti are proponents of dualism.

Key Features:

International law governs relations

between states, while municipal law governs individuals within a state.

Treaties and customary international law require enabling legislation for domestic
application.

Example: In the UK, treaties must be incorporated into domestic law through Parliament
(e.g., the Human Rights Act 1998 incorporated the European Convention on Human Rights
into UK law).

Criticism:

Critics argue that dualism can lead to delays or non-compliance with international
obligations due to the requirement of domestic incorporation.

3. Harmonization or Reconciliation Theory

Concept:

This theory suggests that international law and municipal law should work in harmony,
balancing state sovereignty with global obligations. States should interpret and apply
domestic laws in a manner consistent with international obligations.

Key Features:

Seeks to minimize conflicts between the two systems.

Emphasizes cooperative coexistence rather than strict separation or integration.

4. State Practice
Monist States:

In monist states like France and the Netherlands, international law is directly applicable.
For example, the French Constitution recognizes the supremacy of international treaties
over domestic laws.

Dualist States:

Countries like the United Kingdom and India follow a dualist approach, requiring
international law to be transformed into domestic law through legislation.

5. Modern Developments
The increasing complexity of international relations and global issues (e.g., human rights,
environmental law) has blurred the lines between international and municipal law.

Courts in some states, such as India, have begun applying international norms even in the
absence of enabling legislation, particularly in cases involving fundamental rights (e.g.,
Vishaka v. State of Rajasthan (1997)).

Conclusion
The relationship between international law and municipal law is explained through
competing theories like monism and dualism, with modern approaches favoring a more
harmonized interaction. While monism ensures immediate compliance with international
norms, dualism emphasizes state sovereignty and domestic autonomy. In practice, the
choice between these theories depends on the

constitutional framework and judicial interpretation of each state. The trend toward
harmonization reflects the growing influence of international law in addressing global
challenges.

7.What is intervention? Discuss the different types of intervention.

Answer

Introduction

Intervention in international law refers to the interference by a state in the internal or

external affairs of another state. It is a contentious issue as it often conflicts with the
principle of sovereignty enshrined in the United Nations Charter (Article 2(4)), which
prohibits the use of force against the territorial integrity or political

independence of any state. However, certain circumstances justify intervention under

international law.

Definition of Intervention

Intervention is the act of coercive interference by one state in the affairs of another state,
either by military, political, or economic means, to influence the latter’s decisions or actions.

Types of Intervention

1. Internal Intervention
Definition: Involves interference in the domestic affairs of a state, such as its governance,
elections, or policies.

Examples:

Supporting one faction in a civil war.

Military intervention in a state’s internal conflict (e.g., NATO’s intervention in Kosovo in

1999).

Legality: Generally prohibited unless authorized by the UN or requested by the legitimate

government of the state.

2. External Intervention
Definition: Interference in a state’s external affairs, including its foreign relations and
military alliances.
Examples:

Pressuring a state to change its foreign policy through economic sanctions or diplomatic
coercion.

Legality: Often viewed as a violation of the principle of non-interference.

3. Humanitarian Intervention
Definition: Intervention carried out to prevent or stop gross violations of human rights,
such as genocide or ethnic cleansing.

Examples:

Intervention in Rwanda during the

genocide (though the international community largely failed to act decisively).

Legality: Controversial; while it may be morally justified, it often lacks a clear legal basis
unless authorized by the UN Security Council.

4. Economic Intervention
Definition: Involves the use of economic measures, such as sanctions, to influence another
state’s actions.

Examples:

Sanctions imposed on North Korea to curb its nuclear program.

Legality: Economic intervention is generally allowed if it does not involve coercive

measures that violate international law.

5. Collective Intervention
Definition: Intervention carried out by a group of states or international organizations,
often under the auspices of the UN or regional bodies.

Examples:

UN-authorized military action in Iraq (1991) to repel the Iraqi invasion of Kuwait.

Legality: Permissible under international

law if authorized by the UN Security Council.

6. Preventive Intervention
Definition: Intervention undertaken to prevent an imminent threat to international peace
and security.

Examples:
Preemptive strikes against terrorist organizations.

Legality: Highly controversial; states often justify it under the doctrine of self-defense
(Article 51 of the UN Charter).

7. Diplomatic Intervention
Definition: Non-coercive interference through diplomatic channels to influence the behavior
of another state.

Examples:

Mediation efforts in peace negotiations.

Legality: Generally accepted and encouraged in international relations.

Justifications for Intervention

Self-Defense: Permitted under Article 51 of the UN Charter.

UN Authorization: Collective action

authorized by the Security Council under Chapter VII of the UN Charter.

Consent: Intervention is lawful if requested or consented to by the state concerned.

Humanitarian Grounds: Although controversial, some argue that intervention is justified to

prevent large-scale human rights abuses.

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Criticism of Intervention

1. Violation of Sovereignty: Intervention undermines the principle of state

sovereignty.

2. Selective Application: Interventions are often driven by political or strategic

interests rather than legal or moral grounds.

3. Risk of Abuse: States may misuse the pretext of humanitarian or preventive

intervention to further their own agendas.
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Conclusion

Intervention remains a complex and controversial issue in international law. While the
principle of non-intervention is
fundamental to state sovereignty, exceptions exist for self-defense, humanitarian purposes,
and UN-authorized actions. The challenge lies in balancing the need for intervention in
extreme situations with respect for the sovereignty and independence of states.

8. Define the term ‘State.’ Explain the essential elements of a State, State the
different kinds of States.
Answer

Introduction

A state is the primary subject of international law and a central actor in international
relations. It is a political entity that possesses sovereignty and the ability to enter into legal
relations with other states. The definition and essential

elements of a state are outlined in the Montevideo Convention on the Rights and Duties of
States (1933), which serves as a key reference in international law.

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Definition of a State

According to Article 1 of the Montevideo Convention, a state is defined as an entity

possessing:

1. A permanent population.

2. A defined territory.

3. A government.

4. The capacity to enter into relations with other states.

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Essential Elements of a State

1. Permanent Population:
A state must have a group of people who form a stable and permanent population.

Citizenship binds individuals to the state, granting them rights and imposing duties.

Example: Stateless regions like Antarctica

cannot qualify as states due to the lack of a permanent population.

2. Defined Territory:
A state must have a defined geographical area over which it exercises sovereignty.
Disputes over boundaries do not negate statehood if effective control over a substantial part
of the territory exists.

Example: Despite boundary disputes, India and Pakistan are recognized as states.

3. Government:
A state must have an organized government capable of maintaining law and order and
performing administrative functions.

It must be independent in its internal and external affairs.

Example: Failed states, like Somalia during its civil war, struggled to maintain governmental
control.

4. Capacity to Enter into International Relations:

A state must have the ability to engage in legal and diplomatic relations with other states
and international organizations.

Recognition by other states and participation in international treaties are evidence of this
capacity.

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Kinds of States

1. Sovereign and Non-Sovereign States:

Sovereign States: Fully independent states that exercise supreme authority over their
territory (e.g., the United States).

Non-Sovereign States: States that are under the control or influence of another state (e.g.,
territories or colonies like

Puerto Rico).

2. Recognized and Unrecognized States:

Recognized States: States acknowledged by other nations as independent entities (e.g.,
India).

Unrecognized States: Entities that fulfill the criteria of statehood but lack widespread
recognition (e.g., Taiwan).

3. Unitary and Federal States:

Unitary States: States with centralized governance, where all powers are concentrated in
the central government

(e.g., France).
Federal States: States where powers are divided between a central authority and regional
governments (e.g., the United States, India).

4. Neutral States:
States that adopt a policy of neutrality in international conflicts (e.g., Switzerland).

5. Failed States:
States that lack effective government control and fail to perform basic functions (e.g., Libya
during certain periods of

conflict).

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Conclusion

A state is the fundamental unit of the international legal system, defined by its population,
territory, government, and ability to engage in international relations. The types of states
vary based on sovereignty, recognition, and governance structures. Understanding these
distinctions is essential for analyzing the role and status of states in the global order.

9.Discuss the jurisdiction of maritime states over territorial waters

Answer

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Introduction

Territorial waters refer to the belt of sea adjacent to a state's coast, where the state
exercises sovereignty and jurisdiction. These waters extend up to 12 nautical miles from the
baseline, as recognized under the 1982 United Nations Convention on the Law of the Sea
(UNCLOS). Sovereignty over territorial waters includes airspace above and seabed and
subsoil below.

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State Sovereignty in Territorial Waters

1. Extent of Sovereignty:
Coastal states have sovereignty over territorial waters, encompassing legislative, executive,
and judicial jurisdiction. This includes authority over:

Security and defense.

Resource exploitation (fisheries, minerals).

Environmental regulation.
2. Limitations:
Sovereignty is subject to innocent passage rights. Foreign vessels are allowed to navigate
through territorial waters without engaging in activities that threaten the coastal state, such
as fishing, spying, or polluting.

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Legal Framework

1. UNCLOS Provisions:
Article 2 of UNCLOS confirms the sovereignty of a state over its territorial

sea.

Article 17 guarantees the right of innocent passage.

2. Contiguous Zone and Exclusive Economic Zone (EEZ):

Beyond territorial waters, the coastal state has limited control over the contiguous zone (up
to 24 nautical miles) and resource management rights in the EEZ (up to 200 nautical miles).

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Case Law and Examples

1. The Corfu Channel Case (1949):

The International Court of Justice held that passage through territorial waters must not
harm the coastal state's interests.

2. Freedom of Navigation:
Maritime disputes often involve ensuring navigation rights, as seen in conflicts like the
South China Sea disputes.

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Conclusion

The jurisdiction of maritime states over territorial waters ensures a balance between
sovereign rights and international navigation. While states enjoy significant control, they
must uphold international laws like UNCLOS to facilitate peaceful coexistence and global
trade.

10.Explain the responsibility of a State for International delinquencies.

Answer

Definition and Scope

State responsibility arises when a state breaches its international obligations,

leading to harm to another state or entity. This responsibility is founded on the principles of
international law and aims to maintain order and justice among states.

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Elements of State Responsibility

For a state to be held responsible for international delinquencies, two key elements must be
satisfied:

1. Existence of an International Obligation:

The state must have breached an obligation under international law, such as a treaty,
customary law, or a general principle.

2. Attribution of Conduct:
The wrongful act must be attributable to the state, such as:

Actions of state organs (executive, legislative, or judicial).

Conduct of persons acting on behalf of the state.

Acts of private individuals that are later acknowledged or adopted by the state.

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Types of International Delinquencies

1. Breach of Treaties:
Failure to honor international agreements, e.g., violating trade or peace treaties.

Example: The Gabcikovo-Nagymaros Project Case (1997), where Hungary’s unilateral

suspension of a treaty was challenged.

2. Acts of Aggression:
Use of force violating the UN Charter.

Example: Iraq’s invasion of Kuwait in 1990.

3. International Crimes:
Genocide, crimes against humanity, or war crimes.

Example: The role of states in supporting armed groups committing atrocities.

4. Environmental Harm:
Damage caused by cross-border pollution.

Example: Trail Smelter Case (1938–1941), where Canada was held responsible for
transboundary pollution affecting the US.
5. Violation of Diplomatic Privileges:
Breach of diplomatic immunity or rights under the Vienna Convention.

Example: US Diplomatic and Consular Staff in Tehran Case (1980).

Consequences of International Delinquencies

When a state is responsible for international delinquency, it incurs the following

obligations:

1. Cessation of the Wrongful Act:

The state must immediately stop the act

violating international law.

2. Reparation for Injury:

The state must make reparations for the harm caused, which may include:

Restitution: Restoring the situation to what it was before the wrongful act.

Compensation: Monetary payment for damages caused.

Satisfaction: Apology or acknowledgment of wrongdoing.

Example: Chorzów Factory Case (1928), where the Permanent Court of

International Justice emphasized full reparation.

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Defenses Available to States

In some cases, a state may invoke defenses to avoid responsibility, such as:

1. Consent:
If the injured state consented to the act.

2. Force Majeure:
Acts caused by irresistible force or unforeseen events beyond the state’s control.

3. Necessity:
If the act was necessary to safeguard an essential state interest.

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Legal Framework

The principles of state responsibility are

codified in the International Law Commission’s Articles on State Responsibility (2001).
These articles provide a comprehensive framework for determining state liability and the
consequences of international delinquencies.

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Conclusion

State responsibility for international delinquencies is a cornerstone of international law,

ensuring accountability and justice among states. It reinforces the obligation of states to
respect international norms and provides mechanisms for redress when these obligations
are breached. By addressing

wrongful acts, the principle of state responsibility promotes peace and stability in the global
order.

11.What is extradition? Discuss the rules relating to extradition with the help of
decided cases.
Answer

---

Meaning of Extradition

Extradition is the formal process of delivering an individual accused or convicted of a crime

from one state to another under a bilateral or multilateral agreement. It is primarily based
on principles of mutual cooperation to

prevent impunity for criminals who cross borders.

---

Legal Basis for Extradition

1. Treaties or Agreements:
Extradition is generally governed by treaties between states. These treaties outline the
conditions and procedures for extradition.

Example: The India-United States Extradition Treaty (1997).

2. Domestic Law:
States often enact extradition laws to implement their international obligations.

Example: The Indian Extradition Act, 1962 governs extradition in India.

---

Rules Relating to Extradition

The rules relating to extradition can be summarized as follows:

1. Principle of Double Criminality:

The act for which extradition is sought

must be considered a crime in both the requesting and requested states.

Example: In the Soering v. United Kingdom (1989) case, the European Court of Human
Rights highlighted the need for double criminality.

2. Specificity Principle:
The individual extradited can only be prosecuted for the offense for which extradition was
granted.

Example: The Savarkar Case (1910), where Vinayak Savarkar escaped custody during
transit but was rearrested, raised issues of specificity in extradition treaties.

3. Non-Extradition for Political Offenses:

States are not obligated to extradite individuals accused of political crimes.

Example: In the Re Castioni Case (1891), the court refused extradition as the offense was
political in nature.

4. Prohibition of Extradition in Cases of Risk of Torture or Death Penalty:

A person may not be extradited if there is a risk of torture or the death penalty in the
requesting state.

Example: In Soering v. United Kingdom

(1989), the European Court of Human Rights refused extradition to the US due to the risk of
inhuman treatment.

5. Prima Facie Evidence:

The requesting state must present sufficient evidence to establish a prima facie case against
the individual.

6. Nationality Principle:
Some states refuse to extradite their own nationals. Instead, they may prosecute the
individual domestically for crimes committed abroad.

---

Decided Cases on Extradition

1. Khashoggi Extradition Case (1985):

Saudi arms dealer Adnan Khashoggi was extradited from Switzerland to the US under
charges of racketeering, demonstrating effective use of extradition treaties.
2. Abu Salem Case (India-Portugal, 2005):
Abu Salem, a suspect in the 1993 Bombay

bombings, was extradited to India under the condition that he would not face the death
penalty, emphasizing treaty obligations and the prohibition against cruel punishment.

3. Assange Case (UK-Sweden, 2012):

Julian Assange resisted extradition to Sweden for alleged sexual offenses, raising concerns
about potential onward extradition to the US.

---

Conclusion

Extradition is a crucial mechanism in international law for combating cross-border crime

while respecting human rights and sovereignty. It ensures that offenders cannot evade
justice by fleeing to another jurisdiction, provided that legal safeguards and principles are
upheld. The discussed rules and cases illustrate the practical application of extradition in
international relations.

12. What is Asylum? Explain the different types of Asylum.

Answer

Meaning of Asylum

Asylum is the right of a state to provide shelter and protection to foreign nationals seeking
refuge within its territory or diplomatic premises. It serves as an exception to the principle
of territorial sovereignty by shielding individuals from the legal jurisdiction of their home
country.

Legal Basis:

The concept of asylum is recognized under customary international law and various
international treaties, such as the Universal Declaration of Human Rights (Article 14), which
states that everyone has the right to seek and enjoy asylum from persecution.

---

Types of Asylum

Asylum can be classified into the following types:

1. Territorial Asylum:
This type of asylum is granted within the territorial boundaries of the asylum-granting
state.
It is generally provided to individuals fleeing persecution due to political beliefs, religious
practices, or other protected rights.

Example: Germany granting asylum to

refugees during the Syrian civil war.

2. Diplomatic Asylum:
Diplomatic asylum is provided in embassies, consulates, or other diplomatic premises of a
state.

It is often granted to individuals accused of political crimes to protect them from

persecution in their home country.

Example: The Asylum Case (Colombia v. Peru, 1950), where Colombia granted asylum to a
Peruvian political leader in its embassy.

3. Neutral Asylum:
Neutral asylum is provided by neutral states to individuals during times of war, often to
military personnel or civilians fleeing the conflict.

Example: Switzerland, as a neutral country, providing asylum to refugees during World War
II.

4. Political Asylum:
Political asylum is granted to individuals persecuted for their political beliefs or activities.

Example: The US granting asylum to Cuban refugees fleeing the communist

regime.

5. Religious Asylum:
This type of asylum is granted to individuals persecuted for their religious beliefs or
practices.

Example: Asylum granted to Rohingya refugees fleeing religious persecution in Myanmar.

6. Temporary Asylum:
Temporary asylum is granted for a limited period, usually during emergencies like wars or
natural disasters.

It provides immediate relief but may not include long-term residency rights.

Example: Asylum provided to Afghan refugees during the Taliban's resurgence.

---

Relevant Case Law

1. Asylum Case (Colombia v. Peru, 1950):
The International Court of Justice held that granting asylum is the prerogative of the state
and must adhere to international law and treaties.

2. Julian Assange Case (Ecuador, 2012):

Ecuador granted diplomatic asylum to Julian Assange in its London embassy, citing political
persecution risks in the US.

Conclusion

Asylum is a vital aspect of international law that safeguards individuals fleeing persecution.
Its various forms, such as territorial and diplomatic asylum, reflect the commitment of
states to uphold human rights and protect individuals from injustice. While it remains a
discretionary act of state sovereignty, the grant of asylum must align with international

norms and humanitarian principles.

13. Explain the powers and functions of General Assembly of the United
Nations
Answer

Introduction

The General Assembly is the primary forum for multilateral discussion on international
issues. Established under the UN Charter in 1945, it functions as a platform for dialogue and
cooperation among member states, each of which has one vote.

---

Powers of the General Assembly

The General Assembly derives its powers from the UN Charter, particularly Articles 10–17,
which outline its broad authority over a range of matters:

1. Deliberative Powers:
The General Assembly can discuss any matter within the scope of the UN Charter, except
disputes under active consideration by the Security Council (Article 12).

It may make recommendations to member states and the Security Council.

2. Legislative Powers:
While the General Assembly cannot create binding laws, its resolutions often influence
international law and state behavior.

Examples: Resolutions on human rights, climate change, and disarmament.

3. Budgetary Powers:
The General Assembly approves the UN’s budget and assesses financial contributions of
member states (Article 17).

4. Electoral Powers:
Elects non-permanent members of the Security Council, members of the Economic and
Social Council (ECOSOC), and judges of the International Court of Justice.

Appoints the Secretary-General on the recommendation of the Security Council.

5. Constitutional Powers:
Can amend the UN Charter with a two-thirds majority of member states and ratification by
national legislatures.

---

Functions of the General Assembly

The functions of the General Assembly include the following:

1. Maintaining International Peace and Security:

It can make recommendations on peace and security issues and call for collective measures
in situations where the Security Council fails to act (e.g., Uniting for Peace Resolution in
1950).

2. Promoting Human Rights:

The General Assembly has played a pivotal

role in adopting key human rights instruments, such as:

Universal Declaration of Human Rights (1948).

International Covenants on Civil and Political Rights and Economic, Social, and Cultural
Rights.

3. Overseeing Development Programs:

Coordinates activities of specialized agencies and funds like UNESCO, WHO, and UNDP.

Promotes sustainable development through resolutions and programs like the

2030 Agenda for Sustainable Development.

4. Addressing Global Challenges:

Debates and adopts resolutions on pressing global issues, such as climate change, poverty,
and health crises.

Example: Paris Agreement on Climate Change was endorsed by the General Assembly.
5. Admitting and Expelling Members:
Admits new member states and can suspend or expel members based on recommendations
from the Security

Council.

6. Decolonization and Trusteeship Functions:

Historically, the General Assembly oversaw the decolonization process and managed trust
territories under the UN Trusteeship System.

7. Disarmament and Arms Control:

Initiates discussions and resolutions on disarmament, including nuclear non-proliferation
and arms control.

---

Case Studies and Examples

1. Palestinian Statehood Debate:

The General Assembly granted Palestine non-member observer state status in 2012,
demonstrating its role in addressing contentious international issues.

2. United for Peace Resolution (1950):

Empowered the General Assembly to recommend measures for maintaining peace when the
Security Council is

deadlocked.

---

Limitations of the General Assembly

1. Non-Binding Nature of Resolutions:

Resolutions are advisory and lack enforcement mechanisms.

2. Dependence on the Security Council:

The Assembly cannot override Security Council decisions on peace and security

matters.

---

Conclusion

The General Assembly is the heart of the United Nations, providing a platform for equal
representation and global dialogue. Despite its limitations, it plays a vital role in promoting
international peace, development, and cooperation, reflecting the collective voice of the
global community.

14.Explain the objectives and composition

of International Labour Organisation

Answer

---

Introduction

The ILO was founded to address labor issues arising from industrialization and to ensure
fair working conditions worldwide. It became the first specialized agency of the UN in 1946.
Its motto, “Universal peace can be established only if it is based on social justice,” reflects its
commitment to labor welfare.

---

Objectives of the ILO

The objectives of the ILO are enshrined in its Constitution and the 1944 Philadelphia
Declaration. These include:

1. Promotion of Decent Work:

Ensure access to employment opportunities in conditions of freedom, equity, security, and
human dignity.

2. Setting International Labor Standards:

Formulate conventions and recommendations to improve working conditions, ensure fair
wages, and prohibit forced labor.

3. Elimination of Discrimination:
Promote equality of opportunity and treatment regardless of race, gender, or social status.

4. Abolition of Child Labor:

Protect children from exploitation and hazardous work environments.

5. Social Security:
Ensure access to basic social security measures like health insurance and retirement
benefits.

6. Promotion of Industrial Harmony:

Foster cooperative relationships between workers, employers, and governments to prevent
labor disputes.
7. Capacity Building:
Provide technical assistance, training, and education to member states to improve labor
standards and enforcement mechanisms.

8. Sustainable Economic Growth:

Support policies that link social protection to economic growth, ensuring inclusive
development.

---

Composition of the ILO

The ILO is unique among UN agencies for its tripartite structure, which includes
representatives of governments, employers, and workers. Its principal organs are:

1. International Labour Conference:

Composition:

Consists of representatives from all member states, with each delegation including two
government representatives, one employer representative, and one worker representative.

Functions:

Acts as a global parliament of labor, setting international labor standards through

conventions and recommendations.

Examines reports on the application of labor standards.

2. Governing Body:
Composition:

Composed of 56 titular members: 28 government representatives, 14 employer

representatives, and 14 worker representatives.

Ten government representatives are permanent members, including industrialized nations

like the US, UK, and India.

Functions:

Acts as the executive arm of the ILO, implementing the decisions of the International Labour
Conference.

Prepares the agenda for the Conference

and oversees the budget and operations of the ILO.

3. International Labour Office:

Composition:
The permanent secretariat of the ILO, headed by the Director-General.

Staffed by experts in various fields related to labor and social justice.

Functions:

Conducts research, collects labor statistics, and provides technical assistance to member
states.

Acts as a think tank for labor issues.

---

Conclusion

The ILO’s unique tripartite structure ensures balanced representation and decision-making
among governments, employers, and workers. Its objectives, focused on social justice and
improving labor conditions, make it a cornerstone of global efforts to promote equitable
and humane working environments

15. What is Nationality? State the different modes of acquisition of Nationality.

Answer

Meaning of Nationality

Nationality determines a person’s political status and is essential for participating in civic
and economic life within a state. According to Oppenheim, nationality is “the quality of
being a subject of a certain state, thereby enjoying the protection of the state and being
subject to its laws.”

---

Importance of Nationality

1. Rights and Obligations:

Nationals have the right to vote, hold public office, and receive protection from the state.

They also have obligations such as obeying laws and paying taxes.

2. Recognition in International Law:

Nationality is the basis for diplomatic protection under international law.

3. Statelessness Avoidance:
Nationality helps prevent statelessness, which can leave individuals vulnerable without
legal rights or protection.

---
Modes of Acquisition of Nationality

Nationality can be acquired in several ways, which vary depending on the laws of different
states. These modes include:

1. By Birth
Nationality is acquired automatically at birth. There are two main principles:

Jus Soli (Right of Soil):

A person acquires the nationality of the

state where they are born.

Example: The United States and Canada follow this principle.

Jus Sanguinis (Right of Blood):

A person inherits nationality through their parents, regardless of the place of birth.

Example: Germany and India follow this principle.

2. By Descent
Nationality is acquired through parental lineage. If the parents are nationals of a

state, their child automatically acquires their nationality, even if born abroad.

3. By Naturalization
Individuals can acquire nationality through a legal process after fulfilling certain conditions,
such as:

Residency in the state for a specified period.

Knowledge of the language and culture.

Oath of allegiance.

Example: Immigrants to the US can apply for naturalization after residing for a certain
number of years.

4. By Registration
Nationality is granted to individuals who meet specific criteria, such as marriage to a
national of the state or being part of a recognized ethnic group.

5. By Incorporation of Territory
When a state acquires new territory, the residents of that territory automatically acquire
the nationality of the new state.
Example: After the merger of Sikkim with India in 1975, Sikkimese citizens became Indian
nationals.

6. By Adoption
A child adopted by nationals of a state may acquire the nationality of the adoptive parents
under the laws of that state.

7. By Option
In certain situations, individuals may choose their nationality, such as in cases of dual
citizenship or territorial changes where individuals are given the option to retain their
original nationality or adopt a new one.

---

Conclusion

Nationality is fundamental for defining an individual’s legal and political identity within a
state. The various modes of acquiring nationality reflect the flexibility and diversity in state
practices, ensuring individuals can obtain a legal bond with a state in different
circumstances. This system also helps reduce cases of statelessness, promoting
international stability and human rights.

16.Explain the grounds for termination of treaties.

Answer

Introduction

A treaty is a legally binding agreement between states or international

organizations, governed by international law. The termination of a treaty refers to the end
of its legal effect. The Vienna Convention on the Law of Treaties (1969) provides a
framework for the grounds and procedures for terminating treaties. Termination can occur
due to mutual consent, breach, impossibility of performance, or fundamental changes in
circumstances.

---

Grounds for Termination of Treaties

1. Mutual Agreement of the Parties

Treaties can be terminated if all parties involved agree to terminate them.

This is often the simplest and most common method.

Example: The dissolution of the Warsaw Pact in 1991 through mutual consent of its
member states.
---

2. Fulfillment of the Treaty’s Purpose

A treaty is terminated if its objectives have been achieved or its purpose no longer exists.

Example: Treaties establishing temporary arrangements, such as those for hosting

events or conducting specific projects, end upon completion of their goals.

---

3. Expiration of the Treaty

If a treaty specifies a fixed duration, it automatically terminates upon expiration unless
renewed by the parties.

Example: Time-bound trade agreements.

---

4. Violation or Breach by One Party

A material breach of a treaty by one party entitles the other party to terminate the treaty.

According to Article 60 of the Vienna Convention, a material breach includes:

Repudiation of the treaty.

Violation of provisions essential to the treaty’s purpose.

Example: The Soviet Union's breach of arms control agreements during the Cold War led to
U.S. withdrawal from some treaties.

---

5. Impossibility of Performance
A treaty can be terminated if an unforeseen event renders its performance impossible.

This may include destruction of the subject matter or drastic changes in circumstances.

Example: The submergence of an island under rising sea levels, impacting territorial
agreements.

---

6. Fundamental Change of Circumstances (Rebus Sic Stantibus)

A treaty may be terminated if there is a fundamental and unforeseen change in
circumstances that affects the essential basis of the treaty.
Article 62 of the Vienna Convention states this principle but restricts its application to cases
where the change is not caused by the invoking party.

Example: The dissolution of Yugoslavia led to the termination of treaties tied to its

existence.

---

7. Conflict with a Peremptory Norm (Jus Cogens)

If a treaty conflicts with a peremptory norm of international law, it is void or terminated.

Jus cogens norms include principles such as the prohibition of genocide and slavery.

Example: Treaties involving colonial arrangements were invalidated due to conflicts with
the right to self-

determination.

---

8. Withdrawal by a Party
Some treaties allow parties to withdraw unilaterally after giving notice.

The process and timeline for withdrawal are typically specified in the treaty.

Example: The U.S. withdrawal from the Paris Agreement on climate change in 2020.

---

9. War or Hostilities
Armed conflict may lead to the suspension or termination of treaties, particularly those
incompatible with wartime conditions.

Example: Diplomatic and trade agreements between belligerent states during war are often
terminated.

---

10. Emergence of a New Treaty

A treaty may be terminated if a new treaty is signed between the same parties, replacing the
old one.

Example: The Lisbon Treaty (2009) replaced earlier treaties within the European Union
framework.

---

Conclusion
Treaties are terminated for various reasons, ranging from mutual agreement

to fundamental changes in circumstances. The Vienna Convention on the Law of Treaties

provides a structured framework to ensure that terminations are legally sound and do not
undermine international relations. Proper adherence to these principles preserves the
integrity of treaties and the rule of law in international affairs.

Answer

Introduction

A treaty is a legally binding agreement between states or international organizations,

governed by international law. The termination of a treaty refers to the end of its legal
effect. The Vienna Convention on the Law of Treaties (1969) provides a framework for the
grounds and procedures for terminating treaties. Termination can occur due to mutual

consent, breach, impossibility of performance, or fundamental changes in circumstances.

---

Grounds for Termination of Treaties

1. Mutual Agreement of the Parties

Treaties can be terminated if all parties involved agree to terminate them.

This is often the simplest and most common method.

Example: The dissolution of the Warsaw Pact in 1991 through mutual consent of its
member states.

---

2. Fulfillment of the Treaty’s Purpose

A treaty is terminated if its objectives have been achieved or its purpose no longer exists.

Example: Treaties establishing temporary arrangements, such as those for hosting events or
conducting specific projects, end upon completion of their goals.

---

3. Expiration of the Treaty

If a treaty specifies a fixed duration, it automatically terminates upon expiration unless
renewed by the parties.

Example: Time-bound trade agreements.

---
4. Violation or Breach by One Party
A material breach of a treaty by one party entitles the other party to terminate the treaty.

According to Article 60 of the Vienna Convention, a material breach includes:

Repudiation of the treaty.

Violation of provisions essential to the treaty’s purpose.

Example: The Soviet Union's breach of arms control agreements during the Cold War led to
U.S. withdrawal from some treaties.

---

5. Impossibility of Performance
A treaty can be terminated if an unforeseen event renders its performance impossible.

This may include destruction of the subject matter or drastic changes in circumstances.

Example: The submergence of an island under rising sea levels, impacting territorial
agreements.

---

6. Fundamental Change of Circumstances

(Rebus Sic Stantibus)

A treaty may be terminated if there is a fundamental and unforeseen change in

circumstances that affects the essential basis of the treaty.

Article 62 of the Vienna Convention states this principle but restricts its application to cases
where the change is not caused by the invoking party.

Example: The dissolution of Yugoslavia led to the termination of treaties tied to its
existence.

---

7. Conflict with a Peremptory Norm (Jus Cogens)

If a treaty conflicts with a peremptory norm of international law, it is void or terminated.

Jus cogens norms include principles such as the prohibition of genocide and slavery.

Example: Treaties involving colonial arrangements were invalidated due to conflicts with
the right to self-determination.

---
8. Withdrawal by a Party
Some treaties allow parties to withdraw unilaterally after giving notice.

The process and timeline for withdrawal are typically specified in the treaty.

Example: The U.S. withdrawal from the Paris Agreement on climate change in 2020.

---

9. War or Hostilities
Armed conflict may lead to the suspension or termination of treaties, particularly those
incompatible with wartime conditions.

Example: Diplomatic and trade agreements between belligerent states during war are often
terminated.

---

10. Emergence of a New Treaty

A treaty may be terminated if a new treaty is signed between the same parties,

replacing the old one.

Example: The Lisbon Treaty (2009) replaced earlier treaties within the European Union
framework.

---

Conclusion

Treaties are terminated for various reasons, ranging from mutual agreement to
fundamental changes in circumstances. The Vienna Convention on the Law of Treaties
provides a structured framework to ensure that terminations are legally sound and do not
undermine international relations. Proper adherence to these principles preserves the
integrity of

treaties and the rule of law in international affairs.

17. State the purposes and principles of United Nations Organisation.

Answer

Introduction

The United Nations (UN) is an international organization established on October 24, 1945,
following the Second World War. Its primary goal is to promote international peace,
security, and cooperation among nations. The purposes and principles of the UN are
outlined in Articles 1 and 2 of the United Nations Charter, which forms its foundational
document.
---

Purposes of the United Nations (Article 1)

1. To Maintain International Peace and Security

The UN aims to prevent conflicts and promote peaceful resolution of disputes through
diplomacy, mediation, and collective action.

Example: UN peacekeeping missions in regions like South Sudan and Cyprus.

2. To Develop Friendly Relations Among Nations

Promotes respect for equal rights and self-

determination of peoples.

Encourages tolerance and peaceful coexistence among states.

Example: Decolonization efforts in Africa and Asia facilitated by the UN.

3. To Achieve International Cooperation

Focuses on solving international problems of economic, social, cultural, or humanitarian
nature.

Works to promote human rights and fundamental freedoms for all, irrespective of race,
gender, language, or religion.

Example: UN agencies like the World

Health Organization (WHO) and UNICEF address global health and child welfare issues.

4. To Be a Center for Harmonizing Actions of Nations

Provides a platform for dialogue and cooperation to align global efforts on common
challenges.

Example: The UN General Assembly serves as a forum for discussing global issues such as
climate change and sustainable development.

---

Principles of the United Nations (Article 2)

1. Sovereign Equality of All Member States

All member states, regardless of size or power, are considered equal under the Charter.

2. Peaceful Settlement of Disputes

Member states must resolve disputes through peaceful means, avoiding threats or use of
force.
3. Prohibition of the Use of Force
States are prohibited from using force against the territorial integrity or political
independence of any state, except in self-defense or with UN Security Council authorization.

4. Non-Interference in Domestic Affairs

The UN respects the sovereignty and internal affairs of member states, except in cases
involving threats to international peace and security.

5. Obligation to Fulfill Charter Obligations

Member states are required to uphold the obligations they have undertaken under the UN
Charter.

6. Promotion of Universal Cooperation

The UN emphasizes collective responsibility to achieve its purposes.

7. Right to Self-Defense
States retain the right to defend themselves individually or collectively, as recognized in
Article 51 of the Charter.

---

Conclusion

The UN's purposes and principles reflect its commitment to fostering global peace,
development, and cooperation. By promoting respect for sovereignty, peaceful conflict
resolution, and human rights, the UN serves as a vital institution for addressing the
challenges of the modern world and ensuring the stability of the international community.

18. Explain the main features of World Trade Organisation.

Answer

Introduction

The World Trade Organization (WTO), established on January 1, 1995, is an international

organization that regulates global trade. It replaced the General Agreement on Tariffs and
Trade (GATT), which was established in 1947. The WTO aims to facilitate free and fair trade
among nations by creating a rules-based trading system.

---

Main Features of the World Trade Organization

1. Rules-Based Organization
The WTO operates on a comprehensive

set of trade rules agreed upon by its member countries.

These rules cover goods, services, intellectual property rights, and dispute resolution.

2. Global Membership
The WTO has 164 member countries (as of 2024), representing over 98% of global trade.

Membership is open to all nations willing to accept WTO obligations.

3. Promotion of Free Trade

The WTO works to reduce barriers to international trade, such as tariffs, quotas, and
subsidies.

Encourages fair competition and non-discrimination among member states.

4. Principles of Non-Discrimination
Most Favored Nation (MFN): A country cannot discriminate between trading partners; all
WTO members must be treated equally.

National Treatment: Imported goods must be treated the same as domestically produced
goods after entering the market.

5. Comprehensive Coverage
The WTO agreements cover a wide range of trade issues, including:

Trade in goods (GATT).

Trade in services (GATS).

Intellectual property rights (TRIPS).

6. Binding Commitments
Members commit to binding agreements that are enforceable through the WTO’s legal
framework.

These commitments aim to provide predictability and stability in global trade relations.

7. Dispute Resolution Mechanism

The WTO provides a structured process to resolve trade disputes between member
countries.

Its Dispute Settlement Body (DSB) ensures that members adhere to agreed-upon rules.

8. Focus on Developing Countries

The WTO provides special provisions for

developing and least-developed countries (LDCs), such as technical assistance and longer
timeframes for implementing agreements.
Example: Special trade preferences under the "Enabling Clause."

9. Periodic Trade Policy Reviews

Members’ trade policies and practices are reviewed periodically to ensure compliance with
WTO rules.

10. Consensus-Based Decision-Making

Decisions in the WTO are made by consensus among all member countries, ensuring equal
participation.

11. Encouragement of Multilateral Trade Negotiations

The WTO facilitates multilateral trade negotiations, such as the Doha Development Round,
aimed at liberalizing trade further.

12. Commitment to Sustainable Development

The WTO integrates trade policies with sustainable development goals, ensuring
environmental protection and social welfare.

---

Conclusion

The WTO is a cornerstone of the global trading system, promoting free and fair trade
through rules, dispute resolution, and multilateral cooperation. Its principles of non-
discrimination, transparency, and inclusivity make it a vital institution for fostering
economic growth and global interdependence. However, the WTO continues to face
challenges such as

protectionism, trade wars, and the need for reforms to address contemporary issues like
digital trade and climate change.

19. Define Recognition. What are the modes of recognition of States? Discuss
different types of recognition.
Answer

Introduction

Recognition in international law refers to the formal acknowledgment of a state,

government, or territorial entity as having legal status under international law. Recognition
establishes diplomatic relations and enables the recognized entity to participate in
international affairs. It is a

discretionary act of a state and is governed by international customs and practices.

---

Definition of Recognition
Recognition is the acknowledgment by one state of the existence of another state or
government, and its acceptance as a member of the international community. It signifies the
recognizing state's willingness to interact with the new state or government.

Key Features of Recognition:

Recognition is declaratory in nature, affirming the legal existence of an entity.

It involves both legal and political considerations.

---

Modes of Recognition of States

1. De Facto Recognition
This is a provisional or temporary acknowledgment of a state or government that has not
yet achieved full stability or control.

It indicates the recognizing state’s willingness to establish limited relations, often

conditional upon further developments.

Example: Many states extended de facto recognition to Bangladesh during its liberation
struggle in 1971.

2. De Jure Recognition
This is a formal and unconditional acknowledgment of a state or government as having
achieved full sovereignty and compliance with international law.

De jure recognition establishes permanent diplomatic relations.

Example: India granted de jure recognition to Bangladesh in 1972 after its independence
was fully secured.

3. Implied Recognition
Recognition can be inferred from the actions of a state, such as signing agreements,
establishing diplomatic relations, or allowing participation in international organizations.

Example: Participation in the United Nations often implies recognition by its members.

---

Types of Recognition

1. Recognition of States
Acknowledgment of an entity as a sovereign and independent state.

Criteria for State Recognition (Montevideo Convention):

Permanent population.

Defined territory.

Government.

Capacity to enter into international relations.

Example: South Sudan was recognized as a state in 2011 after meeting these criteria.

2. Recognition of Governments
Acknowledgment of a specific government’s authority to represent a state.

Recognition may be controversial in cases of regime change, revolutions, or military coups.

Example: The recognition of the Taliban government in Afghanistan by certain states

remains contentious.

3. Recognition of Belligerency
Acknowledgment of a group involved in

armed conflict as having certain rights and obligations under international law.

This recognition allows for humanitarian intervention and neutrality in the conflict.

Example: Recognition of belligerent status during the American Civil War.

4. Recognition of Insurgency
A lower form of recognition than belligerency, acknowledging an insurgent group’s partial
control over territory.

It does not grant the group full rights under international law.

Example: Recognition of the Free Syrian

Army as an insurgent group during the Syrian conflict.

---

Conclusion

Recognition is a fundamental concept in international law that facilitates diplomatic

relations and the functioning of the international community. The modes and types of
recognition allow states to respond flexibly to emerging entities and governments while
balancing political, legal, and strategic considerations. However, recognition often remains
subject to political motivations and

international dynamics, making it a complex and evolving issue.

20. Explain the different modes of acquisition of State Territorial Sovereignty
Answer

Introduction

Territorial sovereignty refers to a state’s exclusive authority and control over its territory.
In international law, sovereignty over territory can be acquired through specific modes that
are recognized by customary international law and treaties. These modes ensure that
changes in territorial ownership are legally valid and peaceful.

---

Modes of Acquisition of State Territorial Sovereignty

1. Occupation
Occupation refers to the acquisition of sovereignty over territory that is not under the
control of any state (terra nullius).

The state must demonstrate effective control and administration over the territory.

Example: The occupation of the Svalbard Archipelago by Norway in 1920 under the
Svalbard Treaty.

---

2. Cession
Cession involves the transfer of sovereignty over a territory from one state to another,
usually through a treaty.

This mode is voluntary and often part of a peace settlement or purchase agreement.

Example: The Louisiana Purchase (1803), where France ceded territory to the United States.

---

3. Accretion
Accretion refers to the gradual and natural addition of new land to a state’s territory due to
geological processes such as river sedimentation or volcanic activity.

The newly formed land becomes part of the state where it naturally attaches.

Example: Formation of new islands in the Pacific Ocean due to volcanic activity.

---

4. Conquest (Annexation)
Conquest refers to the acquisition of territory through the use of force, followed by effective
occupation.
While conquest was historically recognized, it is now prohibited under international law by
the United Nations Charter (Article 2(4)).

Example: The annexation of Tibet by China in 1950 remains controversial in modern

international law.

---

5. Prescription
Prescription occurs when a state acquires sovereignty over territory through continuous
and uncontested possession for a prolonged period.

The claim must not be opposed by other states.

Example: The acquisition of certain territories by European colonial powers in Africa due to
long-standing possession.

---

6. Adjudication
Adjudication refers to the settlement of territorial disputes through a decision by an
international tribunal or court.

Sovereignty is transferred based on the court’s ruling, and parties must comply with the
decision.

Example: The International Court of Justice’s (ICJ) decision in the Case of the Temple of
Preah Vihear (1962) between Thailand and Cambodia.

---

7. Voluntary Association or Union

A state may acquire territory through the voluntary merger or union of two or more states.

This is often achieved through mutual agreement or referendum.

Example: The unification of East and West Germany into a single German state in 1990.

---

8. Reversion
A territory may revert to its original

sovereign state if a prior arrangement, such as a lease or mandate, ends.

Example: The reversion of Hong Kong to China in 1997 after the expiration of the lease
agreement with the United Kingdom.
---

Conclusion

The acquisition of territorial sovereignty is governed by well-defined principles of

international law, emphasizing peaceful and legitimate methods. While historical modes
like conquest are no longer acceptable, mechanisms such as

adjudication and mutual agreements have become essential in resolving disputes and
ensuring global stability. These modes reflect the dynamic and evolving nature of state
sovereignty in international relations.

21. What is Territorial Jurisdiction ? Who are exempted from Territorial

Jurisdiction ?
Answer

Introduction

Territorial jurisdiction refers to a state's legal authority to exercise control and enforce laws
within its defined geographical boundaries. It encompasses land, airspace, and territorial
waters. This principle is fundamental to the concept of sovereignty and is governed by
international law.

---

Definition of Territorial Jurisdiction

Territorial jurisdiction is the power of a state to legislate, administer justice, and enforce
laws over individuals, property, and activities within its territory. It is the most common
and recognized form of jurisdiction in international law.

---

Types of Territorial Jurisdiction

1. Exclusive Jurisdiction
The state has complete authority within its

territory. Other states cannot interfere in domestic matters.

Example: A country enforcing its criminal laws within its territory.

2. Concurrent Jurisdiction
In some cases, more than one state may exercise jurisdiction over the same matter or
individual, such as in cross-border crimes.
3. Territorial Waters and Airspace
A state’s territorial jurisdiction extends up to 12 nautical miles into the sea and

includes its airspace.

---

Exemptions from Territorial Jurisdiction

1. Diplomatic Immunity
Diplomats and their families are exempt from the jurisdiction of the host country under the
Vienna Convention on Diplomatic Relations (1961).

Example: A foreign ambassador cannot be prosecuted for crimes in the host country.

2. Consular Immunity
Consular officials enjoy limited immunity, primarily for official acts.

However, they may be subject to jurisdiction for personal matters.

3. Sovereign Immunity
Foreign states and their representatives are generally immune from legal proceedings in
another state’s courts unless they waive this immunity.

4. Foreign Military Forces

Military forces stationed in a foreign country under an agreement (such as a Status of
Forces Agreement) are exempt from the host country’s jurisdiction.

Example: U.S. military bases abroad often operate under such agreements.

5. International Organizations
Officials and premises of international organizations (e.g., United Nations) enjoy immunity
from local jurisdiction under agreements with the host state.

6. Heads of State
Incumbent heads of state and government officials enjoy immunity from criminal and civil
jurisdiction in foreign countries.

7. Special Agreements
In some cases, states may enter agreements to exempt certain entities or individuals from
jurisdiction, such as contractors working on international projects.

---

Conclusion
Territorial jurisdiction is a cornerstone of state sovereignty, enabling states to maintain law
and order within their boundaries. However, exemptions from this jurisdiction are
necessary to facilitate diplomatic relations, international cooperation, and mutual respect
among states. These exemptions

22. Explain the composition and powers of International Court of justice

Answer

Introduction

The International Court of Justice (ICJ), established in 1945, is the principal judicial organ of
the United Nations (UN). Based in The Hague, Netherlands, it resolves

disputes between states and provides advisory opinions on legal questions referred by UN
organs and specialized agencies. Its composition and powers are defined under the Statute
of the ICJ, which is an integral part of the UN Charter.

---

Composition of the ICJ

1. Number of Judges
The ICJ is composed of 15 judges elected for a term of 9 years.

Elections are staggered to ensure continuity, with five judges elected every three years.

2. Election Process
Judges are elected by the United Nations General Assembly and the United Nations Security
Council, voting independently but concurrently.

To be elected, a candidate must secure an absolute majority in both bodies.

3. Qualifications
Judges must be individuals of high moral character with recognized competence in
international law.

They should represent the principal legal

systems of the world.

4. Independence
Judges act independently and do not represent their countries.

No two judges can be nationals of the same state.

5. President and Vice-President
The Court elects a President and Vice-President from among its members for a term of three
years.

6. Registry
The Court has an administrative arm known as the Registry, which handles all clerical and
procedural matters.

---

Powers of the ICJ

The ICJ has two main functions: Contentious Jurisdiction and Advisory Jurisdiction.

1. Contentious Jurisdiction
The ICJ settles legal disputes submitted to it by states. The powers related to contentious
jurisdiction include:

Binding Decisions:

Judgments delivered in contentious cases are binding on the parties involved.

Example: The Nicaragua v. United States (1986) case.

Consent-Based Jurisdiction:

The ICJ can only hear a case if both parties consent to its jurisdiction. This consent may arise
from:

Treaties that include a clause for ICJ jurisdiction.

Special agreements between disputing states.

Declarations under Article 36 of the ICJ Statute accepting compulsory jurisdiction.

Provisional Measures:

The Court may order provisional measures to preserve the rights of the parties pending a
final judgment.

Enforcement:

While the ICJ has no direct enforcement power, the UN Security Council may take action if a
state fails to comply with the

judgment.

---
2. Advisory Jurisdiction
The ICJ provides advisory opinions on legal questions referred by UN organs or specialized
agencies.

Non-Binding Nature:

Advisory opinions are not binding but carry significant legal and moral authority.

Example: The advisory opinion on the Legality of the Threat or Use of Nuclear Weapons
(1996).

Role in Clarifying International Law:

These opinions help in the development and interpretation of international law.

---

Limitations of the ICJ’s Powers

1. Jurisdictional Constraints:
The ICJ can only hear cases involving states. It does not have jurisdiction over individuals,
organizations, or corporations.

2. Voluntary Participation:
States must consent to the Court’s jurisdiction, limiting its authority in certain disputes.

3. Enforcement Challenges:
The ICJ relies on the cooperation of states and the UN Security Council to enforce its rulings.

4. Limited Advisory Role:

Advisory opinions are non-binding and may not always lead to concrete outcomes.

---

Conclusion

The ICJ plays a vital role in promoting the peaceful resolution of disputes and the
development of international law. Despite its limitations, its decisions and advisory
opinions carry significant weight in maintaining global order and advancing the rule of law
among nations.

23.Explain theories and kinds of State succession

Answer

Introduction

State succession refers to the process by which a state assumes the rights and obligations of
another state due to changes in sovereignty, territorial control, or political structure. It
involves the transfer of international treaties, debts, property, and other obligations. State
succession is governed by customary international law and treaties such as the Vienna
Convention on Succession of States in Respect of Treaties (1978).

---

Theories of State Succession

1. Universal Succession Theory

This theory posits that the successor state inherits all the rights, obligations, and
responsibilities of the predecessor state without any change.

It applies primarily to cases where the identity of the state remains intact despite changes
in government or political systems.

Example: The continuation of the Russian Federation as the successor of the USSR in the
United Nations.

2. Partial Succession Theory

According to this theory, the successor state inherits only selected rights and obligations of
the predecessor state.

It is typically applied when the territory of the predecessor state is divided or fragmented.

Example: The partition of British India into India and Pakistan in 1947.

3. Negative Theory
This theory holds that a successor state is not obligated to assume the predecessor state’s
rights or obligations unless explicitly agreed upon.

It focuses on the principle of sovereignty and non-imposition of obligations on a new state.

Example: Some newly independent states rejecting colonial treaties during the
decolonization period.

4. Continuity Theory
This theory maintains that the legal personality of the state remains unchanged despite
territorial changes or shifts in government.

Example: Germany after reunification in 1990 retained its international obligations and
memberships.

---

Kinds of State Succession

1. Succession of States in Case of Merger
Occurs when two or more states merge to form a new state.

The new state typically assumes the rights and obligations of the merging states.

Example: The merger of North Yemen and South Yemen to form the Republic of Yemen in
1990.

2. Succession of States in Case of Dissolution

Happens when a state dissolves, and its territory is divided among multiple successor
states.

The successor states often inherit portions of the predecessor state’s obligations.

Example: The dissolution of Yugoslavia in the 1990s led to the emergence of new states like
Croatia, Serbia, and Slovenia.

3. Succession of States in Case of Annexation

When one state annexes another, it assumes control over its territory and legal obligations.

Modern international law opposes annexation through force.

Example: The annexation of Crimea by Russia in 2014 remains contentious.

4. Succession of States in Case of Secession

Secession involves the withdrawal of a part of a state to form a new independent state.

The seceding state may or may not inherit the obligations of the parent state.

Example: The secession of South Sudan from Sudan in 2011.

5. Succession of States in Case of Decolonization

In decolonization, newly independent states typically reject colonial treaties and negotiate
their obligations anew.

Example: Many African countries after gaining independence in the mid-20th century.

6. Succession of States in Case of Unification

When two or more states unite to form a single state, the unified state assumes the
international rights and obligations of its

predecessors.

Example: The unification of Germany in 1990.

---

Legal Aspects of State Succession

1. Succession to Treaties
Successor states must determine whether to honor treaties signed by the predecessor state.

The Vienna Convention on Succession of States in Respect of Treaties (1978)

provides guidelines.

2. Succession to Public Debts

Successor states often assume a proportionate share of the predecessor state’s debts.

Example: After the dissolution of Yugoslavia, its successor states divided its external debts.

3. Succession to Property and Assets

This includes embassies, military equipment, and state-owned enterprises, which are often
distributed among

successor states.

4. Succession to Membership in International Organizations

Successor states may seek to continue or initiate membership in international
organizations.

Example: The Russian Federation retained the USSR’s seat in the UN Security Council.

---

Conclusion

State succession is a complex process influenced by political, legal, and historical factors.
Theories and kinds of succession provide a framework for understanding how states inherit
rights and obligations. While customary international law governs this process, each case of
state succession remains unique, requiring negotiation and cooperation among affected
states.

24. "Individuals are the only subjects of International Law"

Evaluate the relevance of the statement.

Answer

Introduction

The statement "Individuals are the only

subjects of international law" challenges the traditional view that states are the primary and
dominant subjects of international law. Historically, international law was state-centric,
focusing on the rights and obligations of states. However, with the evolution of international
law, individuals have emerged as significant subjects in specific contexts. Evaluating this
statement requires analyzing the changing role of individuals within international law
alongside other subjects, such as states and international organizations.

---

Subjects of International Law

A "subject" of international law is an entity

capable of possessing rights and duties under international law and having the capacity to
enforce or be held accountable for them.

1. Traditional View: States as Primary Subjects

States have historically been the main subjects of international law.

They possess full legal personality, including the ability to enter into treaties, claim rights,
and be held accountable for violations.

2. Emergence of Individuals
Individuals now have a recognized role in

international law, particularly in areas like human rights, international criminal law, and
humanitarian law.

---

The Role of Individuals in International Law

1. Rights of Individuals
International human rights law recognizes individuals as bearers of rights under
instruments like the Universal Declaration of Human Rights (UDHR), International
Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic,
Social and Cultural Rights

(ICESCR).

Individuals can petition international bodies, such as the European Court of Human Rights
(ECHR) or the Inter-American Court of Human Rights, for violations of their rights.

2. Duties of Individuals
International criminal law imposes obligations on individuals to refrain from committing
crimes such as genocide, war crimes, and crimes against humanity.

Example: Prosecutions by the International Criminal Court (ICC) and ad hoc tribunals like
the International Criminal Tribunal for Rwanda (ICTR) and the International

Criminal Tribunal for the former Yugoslavia (ICTY).

3. Direct Participation in International Disputes
Individuals sometimes participate directly in international law, such as through arbitration
in investment disputes under bilateral investment treaties (BITs).

25. Briefly explain the various modes of acquisition and loss of teritory under
International Law.
Answer

Introduction

Territorial sovereignty is a fundamental concept in international law, and states acquire or

lose territory through recognized legal modes. These modes ensure legitimacy and
minimize conflicts over territorial claims.

---

Modes of Acquisition of Territory

1. Occupation
The acquisition of territory that belongs to no other state (terra nullius) through effective
control and administration.

Requirements include:

Physical possession.

Intention to exercise sovereignty.

Example: European colonization of uninhabited islands.

2. Accretion
The natural addition of land to a state’s territory through geological processes like sediment
deposition or volcanic activity.

Example: Formation of new islands in rivers or seas.

3. Cession
Transfer of territory from one state to another through a formal agreement, usually a treaty.

Example: Louisiana Purchase (1803) between France and the United States.

4. Conquest (Historical Mode)

Acquisition of territory through the use of force, followed by effective control.

Modern international law, under the UN Charter (Article 2(4)), prohibits acquisition by
force.
Example: Historical annexations before the prohibition, such as the Roman Empire's

conquests.

5. Prescription
Acquisition of territory through prolonged, peaceful, and uncontested exercise of
sovereignty over land initially belonging to another state.

Example: Denmark’s sovereignty over Greenland, recognized despite earlier Norwegian

claims.

6. Adjudication
Acquisition of territory through decisions by an international court or arbitral tribunal.

Example: Resolution of the Eritrea-Ethiopia boundary dispute by the Eritrea-Ethiopia

Boundary Commission (EEBC).

7. Voluntary Incorporation
When a population of a territory voluntarily integrates with another state, often through
plebiscites or referendums.

Example: Unification of East and West Germany in 1990.

---

Modes of Loss of Territory

1. Cession
Voluntary transfer of a state’s territory to another through a treaty.

Example: Spain’s cession of the Philippines to the United States in 1898.

2. Occupation by Another State

Loss of territory when another state occupies and establishes sovereignty over land
considered terra nullius.

Example: Historical territorial occupations during colonial expansions.

3. Accretion
Natural events may alter boundaries, resulting in the loss of a portion of land.

Example: Erosion or diversion of river channels leading to territorial shifts.

4. Adjudication
Loss of territory when an international tribunal or court decides in favor of another state.

Example: The Island of Palmas case (1928), where sovereignty was awarded to
the Netherlands.

5. Rebellion and Secession

Loss of territory when part of a state secedes and forms a new independent state or merges
with another.

Example: South Sudan’s independence from Sudan in 2011.

6. Annexation (Prohibited under Modern Law)

Historically, annexation was a method of territorial expansion, but it is now illegal under
international law.

Example: Germany’s annexation of Austria in 1938 (Anschluss).

7. Voluntary Relinquishment
A state may choose to relinquish its sovereignty over a territory, often granting
independence.

Example: Decolonization, such as Britain granting independence to India in 1947.

---

Conclusion

The acquisition and loss of territory under international law reflect historical practices and
evolving legal norms. While modes like cession and adjudication remain valid, methods
such as conquest and annexation are now prohibited, demonstrating the commitment of
modern international law to peaceful and equitable territorial arrangements.

26. Discuss the limitations on territorial jurisdiction

Answer

Introduction

Territorial sovereignty is a fundamental concept in international law, and states acquire or

lose territory through

recognized legal modes. These modes ensure legitimacy and minimize conflicts over
territorial claims.

---

Modes of Acquisition of Territory

1. Occupation
The acquisition of territory that belongs to no other state (terra nullius) through effective
control and administration.
Requirements include:

Physical possession.

Intention to exercise sovereignty.

Example: European colonization of uninhabited islands.

2. Accretion
The natural addition of land to a state’s territory through geological processes like sediment
deposition or volcanic activity.

Example: Formation of new islands in rivers or seas.

3. Cession
Transfer of territory from one state to another through a formal agreement,

usually a treaty.

Example: Louisiana Purchase (1803) between France and the United States.

4. Conquest (Historical Mode)

Acquisition of territory through the use of force, followed by effective control.

Modern international law, under the UN Charter (Article 2(4)), prohibits acquisition by
force.

Example: Historical annexations before the prohibition, such as the Roman Empire's
conquests.

5. Prescription
Acquisition of territory through prolonged, peaceful, and uncontested exercise of
sovereignty over land initially belonging to another state.

Example: Denmark’s sovereignty over Greenland, recognized despite earlier Norwegian

claims.

6. Adjudication
Acquisition of territory through decisions by an international court or arbitral tribunal.

Example: Resolution of the Eritrea-Ethiopia boundary dispute by the Eritrea-Ethiopia

Boundary Commission (EEBC).

7. Voluntary Incorporation
When a population of a territory voluntarily integrates with another state, often through
plebiscites or referendums.
Example: Unification of East and West Germany in 1990.

---

Modes of Loss of Territory

1. Cession
Voluntary transfer of a state’s territory to another through a treaty.

Example: Spain’s cession of the Philippines to the United States in 1898.

2. Occupation by Another State

Loss of territory when another state occupies and establishes sovereignty over land
considered terra nullius.

Example: Historical territorial occupations during colonial expansions.

3. Accretion
Natural events may alter boundaries, resulting in the loss of a portion of land.

Example: Erosion or diversion of river channels leading to territorial shifts.

4. Adjudication
Loss of territory when an international tribunal or court decides in favor of another state.

Example: The Island of Palmas case (1928), where sovereignty was awarded to the
Netherlands.

5. Rebellion and Secession

Loss of territory when part of a state secedes and forms a new independent state or merges
with another.

Example: South Sudan’s independence from Sudan in 2011.

6. Annexation (Prohibited under Modern Law)

Historically, annexation was a method of territorial expansion, but it is now illegal under
international law.

Example: Germany’s annexation of Austria in 1938 (Anschluss).

7. Voluntary Relinquishment
A state may choose to relinquish its sovereignty over a territory, often granting
independence.

Example: Decolonization, such as Britain granting independence to India in 1947.

---
Conclusion

The acquisition and loss of territory under

international law reflect historical practices and evolving legal norms. While modes like
cession and adjudication remain valid, methods such as conquest and annexation are now
prohibited, demonstrating the commitment of modern international law to peaceful and
equitable territorial arrangements.

27. Analyse the rights of coastal states on their continental

Answer

Rights of Coastal States Over Their Continental Shelf

The continental shelf refers to the extended seabed and subsoil bordering a coastal state's
territory, which lies beyond its territorial sea. Coastal states enjoy

specific rights over their continental shelf under international law, particularly as codified
in the United Nations Convention on the Law of the Sea (UNCLOS).

---

Definition of Continental Shelf

According to Article 76 of UNCLOS, the continental shelf comprises the seabed and subsoil
extending beyond a state’s territorial sea up to 200 nautical miles or to the outer edge of the
continental margin, whichever is greater. It may include submerged natural prolongations
of a state’s land territory.

---

Rights of Coastal States Over the Continental Shelf

1. Sovereign Rights for Exploration and Exploitation

Coastal states have exclusive rights to explore and exploit natural resources, including:

Mineral and non-living resources: Such as oil, gas, and other seabed minerals.

Living organisms: Resources that are sedentary in nature, such as shellfish and corals.

2. Non-Interference Principle
Other states cannot explore or exploit resources on the continental shelf without the
express consent of the coastal state.

3. Construction of Installations and Structures

Coastal states have the right to construct artificial islands, installations, and structures for
resource exploration or other economic purposes.
Example: Offshore drilling platforms.

4. Marine Scientific Research

Coastal states have the authority to regulate and grant permission for marine

scientific research on their continental shelf.

5. Jurisdiction Over Submarine Cables and Pipelines

Coastal states may authorize the laying of submarine cables and pipelines, subject to certain
conditions to avoid harming the marine environment.

6. Environmental Protection
Coastal states are responsible for ensuring that activities on their continental shelf do not
harm the marine environment.

---

Limitations on Coastal State Rights

1. Freedom of Navigation and Overflight

The rights of coastal states over their continental shelf do not affect the freedom of
navigation, overflight, or other lawful uses of the sea under international law.

2. No Sovereignty Over the Water Column

While coastal states have rights over the seabed and subsoil of the continental shelf, they do
not have sovereignty over the superjacent waters or the airspace above.

---

Case Law and Examples

1. North Sea Continental Shelf Cases (1969):

The International Court of Justice (ICJ) ruled that delimitation of the continental shelf
between adjacent states must be based on equitable principles.

2. United States v. Alaska (1997):

This case clarified the rights of the US government over submerged lands and

resources on Alaska’s continental shelf.

3. South China Sea Arbitration (2016):

The tribunal reaffirmed that coastal states have no sovereign rights over waters beyond
their continental shelf, emphasizing the balance between rights and international
navigation freedoms.

---
Conclusion

The rights of coastal states over their continental shelf are designed to balance resource
sovereignty with international maritime freedoms. By granting coastal

states control over resources while preserving navigation rights for other states, the
framework established by UNCLOS ensures equitable use and sustainable management of
maritime resources.

---

This structured analysis aligns with KSLU’s examination standards, integrating legal
provisions, examples, and case law for clarity and comprehensiveness.

28. Define Treaty. Discuss different steps in the formation of a treaty.

Answer

Treaty: Definition and Formation Steps

Definition of Treaty

A treaty is a formal agreement between states or international organizations that creates

binding legal obligations under international law. It is one of the primary sources of
international law, as recognized under Article 38(1) of the Statute of the International Court
of Justice.

According to the Vienna Convention on the Law of Treaties (1969), a treaty is defined as "an
international agreement concluded between states in written form and governed by
international law, whether embodied in a single instrument or in two or more related
instruments."

---

Steps in the Formation of a Treaty

The formation of a treaty involves several well-defined steps, governed by customary

international law and codified in the Vienna Convention. These steps include:

1. Negotiation
Representatives of the concerned states or international organizations discuss and
negotiate the terms and conditions of the treaty.

Negotiations aim to address the objectives of the treaty and the obligations of the parties.

Example: Negotiations for the Paris Agreement on climate change involved extensive
deliberations between nations.
2. Drafting
After the terms are agreed upon, the treaty is drafted in written form.

Drafts are often prepared in multiple languages to ensure clarity and mutual understanding.

3. Adoption of Text
The text of the treaty is formally adopted by the negotiating parties.

Adoption occurs through consensus or a specified majority vote, depending on the nature of
the treaty.

4. Signature
The representatives of the states sign the treaty, indicating their preliminary consent to the
treaty’s terms.

Signing does not legally bind the states unless the treaty explicitly provides so.

5. Ratification
Ratification involves the formal approval of the treaty by the domestic legal or
constitutional processes of the state.

Example: In India, treaties are ratified by the President after approval by the Parliament, if
necessary.

6. Exchange or Deposit of Instruments of Ratification

The states exchange or deposit their instruments of ratification with the designated
depository, confirming their consent to be bound by the treaty.

7. Entry into Force

The treaty comes into effect once the conditions specified in the treaty (such as the number
of ratifications) are met.

Example: The Paris Agreement entered into force on November 4, 2016, after being ratified
by the required number of parties.

8. Registration and Publication

Under Article 102 of the UN Charter, all treaties must be registered with the United Nations
to ensure transparency and prevent secret agreements.

---

Conclusion

A treaty represents a vital instrument of international law, facilitating cooperation and legal
obligations between states. The process of treaty formation ensures that states agree to its
terms transparently and deliberately, reflecting mutual consent and adherence to
international norms.

---

This structured response provides a detailed yet concise explanation, aligning with KSLU
examination standards. It integrates examples and legal references for clarity and
comprehensiveness.

29. Define extradition. Analyse the crimes which are recognised as non-
extraditable crimes.
Answer

Extradition: Definition and Non-Extraditable Crimes

Definition of Extradition

Extradition is a legal process whereby one

state (the requested state) surrenders an individual located within its jurisdiction to
another state (the requesting state) for prosecution or punishment for crimes committed in
the latter’s jurisdiction. It is a cooperative mechanism under international law aimed at
ensuring that individuals cannot evade justice by fleeing to another country.

The legal basis for extradition is typically governed by bilateral or multilateral treaties,
customary international law, and domestic statutes such as the Indian Extradition Act,
1962.

---

Non-Extraditable Crimes

Certain categories of crimes are generally recognized as non-extraditable due to political,

legal, or humanitarian considerations. These include:

1. Political Offenses
Individuals accused of political crimes are often exempt from extradition, as many states
refuse to interfere in the political affairs of another country.

Examples of Political Crimes:

Treason

Sedition

Espionage

Participation in political uprisings or

revolutionary activities.

Case Example:

Re Castioni Case (1891): The UK court refused extradition of a Swiss national charged with
political murder during a revolution, holding that the act was politically motivated.

2. Religious Persecution
If the requesting state seeks extradition based on the individual’s religious beliefs or
practices, extradition is typically denied. Such acts are considered violations of fundamental
human rights.

Example: A state may refuse to extradite an individual if there is evidence of persecution

based on religion in the requesting state.

3. Military Offenses
Extradition is generally not granted for purely military offenses that are not considered
crimes under civilian law, such as desertion or insubordination.

Example: A soldier fleeing military service during peacetime is unlikely to be extradited.

4. Double Jeopardy
Extradition may be denied if the individual

has already been tried and acquitted or convicted for the same crime in the requested state
(principle of ne bis in idem or double jeopardy).

5. Crimes Not Recognized in the Requested State

Under the principle of double criminality, the act for which extradition is sought must also
be a crime in the requested state.

Example: A state that has decriminalized certain acts (e.g., homosexuality or blasphemy)
may refuse to extradite an individual if the requesting state still considers those acts
criminal.

6. Capital Punishment
Many states refuse to extradite individuals if they face the death penalty in the requesting
state, unless assurances are given that the death penalty will not be carried out.

Case Example:

Soering v. United Kingdom (1989): The European Court of Human Rights prohibited the
extradition of a German national to the US due to the risk of the death penalty.

7. Torture or Inhuman Treatment

If there is a risk that the individual will face
torture, inhuman, or degrading treatment in the requesting state, extradition is typically
denied.

Example: Extradition requests from countries with poor human rights records are often
scrutinized and rejected.

8. Political or Judicial Bias

If the requested state believes the individual will not receive a fair trial due to political or
judicial bias, extradition may be refused.

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Conclusion

Extradition serves as a vital tool in international cooperation to combat crime. However,

non-extraditable crimes reflect the balancing of state sovereignty, human rights, and justice.
Political offenses, religious persecution, military crimes, and the risk of capital punishment
or torture are some of the major grounds on which extradition is refused, ensuring that the
process aligns with international law and humanitarian principles.

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This structured response aligns with KSLU exam requirements, incorporating legal
principles, case examples, and clear analysis for a comprehensive answer.