Q.1

(i) Select the best option/answer and fill in the appropriate Box on the OMR Answer Sheet. (20 × 1 = 20)

(ii) Answers given anywhere else, other than OMR Answer Sheet, will not be considered.

 

1. The terms lex lata and lex ferenda refers to:

(A) Law as it is & law it should be
(B) Law ought to be & Law that is
(C) Law to be in future & law in the past
(D) None of these

2.

“It is no longer possible for a ‘generalist’ to cope with the volume and complexity of the various branches of international law. Increasingly, the professional international lawyer, whether practitioner or scholar, is a specialist in a particular branch of the law and each branch develops its own complicated and often arcane doctrine.”

(A) Hugo Grotius
(B) Malcom Shaw
(C) Oscar Schachter
(D) None of these

3.

“The mere fact that States declare their recognition of certain rules is not sufficient for the Court to consider these as being part of customary international law. Bound as it is by Article 38 of its Statute, the Court must satisfy itself that the existence of the rule in the opinio juris of States is confirmed by practice.”

(A) International Court of Justice — ICJ
(B) Permanent Court of International Justice — PCIJ
(C) International Criminal Court — ICC
(D) None of these

4.

“States can renounce their rights under customary or conventional law unilaterally or derogate from them by mutual agreement. This pattern is known as bilateralism and it governs the great majority of international legal relations. The most prominent exception to that pattern is international.”

(A)Jus Ad Bellum
(B)Jus in Bello
(C)Jus Cogens
(D) None of these

5.

“The entire monist-dualist controversy is unreal, artificial and strictly beside the point, because it assumes something that has to exist for there to be any controversy at all and which in fact does not exist, namely a common field in which the two legal orders under discussion both simultaneously have their spheres of activity.”

(A) H. Kelsen
(B) S.K. Kapoor
(C) J.G. Starke
(D) None of these

6.

“The Tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicable.”

(A) Vienna Convention on the Law of Treaties
(B) ICSID Convention
(C) Geneva Convention
(D) None of these

7.

“Territorial sovereignty involves the exclusive right to display the activities of a State. This right has as a corollary a duty: the obligation to protect within the territory the rights of other States, in particular their right to integrity and inviolability in peace and war, together with the rights which each State may claim for its nationals in foreign territory.”

(A) Caroline Case
(B) Island of Palms
(C) Riqo Dik Case
(D) None of these

8.

“Until a stable political organization had been created, and until the public authorities had become strong enough to assert themselves throughout the territories of the State without the assistance of foreign troops.”

(A) International Committee of Jurists — ICJ
(B) International Court of Justice — ICJ
(C) International Criminal Court — ICC
(D) None of these

9.

“The organization shall enjoy in the territory of each of its members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.”

(A) International Committee of the Red Cross
(B) Geneva Conventions
(C) UN Charter
(D) None of these

10.

“The problem in the Court’s reasoning is corroborated by the fact that the developments in and around 1885 could simply be regarded as annexation or incorporation independent of, or even contrary to, the treaty of protectorate as the latter was not mentioned in British official documents.”

(A) Cameron Vs. Nigeria
(B) United Kingdom Vs. Australia
(C) Old Calabar Delegation
(D) None of these

11.

“Occupation is the acquisition of terra nullius, that is, territory which, immediately before acquisition, belonged to no State.”

(A) Gelberg, 76 AJIL
(B) Czaplinski, 86 AJIL
(C) J. Simsarian
(D) None of these

12.

“In the event of collision or of any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such persons except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national.”

(A) Geneva Convention I, 1949
(B) Geneva Convention II, 1949
(C) Geneva Convention III, 1949
(D) None of these

13.

“On the other hand, there is no rule of international law which prevents States from extraditing in the absence of a treaty.”

(A) D. McClean
(B) V. Lowe / C. Warbrick
(C) W.C. Gilmore
(D) None of these

14.

“The functions of a diplomatic mission consist inter alia in:

(a) representing the sending State in the receiving State;

(b) protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;”

(A) Art. 1 of the VCDR (Vienna Convention on Diplomatic Relations)
(B) Art. 2 of the VCDR
(C) Art. 3 of the VCDR
(D) None of these

15.

“The adoption of the text of a treaty takes place under the provisions of:”

(A) Art. 6 of the VCLT (Vienna Convention on the Law of Treaties)
(B) Art. 7 of the VCLT
(C) Art. 8 of the VCLT
(D) None of these

16.

“ICCPR provides that all ‘peoples’ have the right to self-determination. A ‘people’ inevitably refers to a collective. Peoplehood may signify common subjective attachment to the idea of becoming an independent State, or relatively objective criteria of a common territory, ethnicity, language or culture.”

(A) Art. 3 of the ICCPR (International Covenant on Civil & Political Rights)
(B) Art. 4 of the ICCPR
(C) Art. 5 of the ICCPR
(D) None of these

17.

“Just wars are usually defined as those which avenge injuries” and that “that kind of war is undoubtedly just which God Himself ordains.”

(A) Hugo Grotius
(B)De Jure Belli
(C) St. Augustine
(D) None of these

18.

“Jus in bello consists of the rules of international humanitarian law (IHL) dealing with protection of civilians and combatants during an armed conflict, and of other rules that determine the legality of State action in relation to another belligerent or third (neutral) States. There is neither logical correspondence nor normative unity between these two sets of rules, and the operation of one does not necessarily turn on the operation of another. Moreover, IHL can operate alongside human rights law, partially occupying the same space.”

(A) Temple of Preah Vihear Case
(B) Construction of Wall in Occupied Palestinian Territory
(C) Western Sahara Advisory Opinion
(D) None of these

19.

“Article 1(4) of Additional Protocol I (1977) extends the application of international armed conflict to which of the following situations?”

(A) Internal disturbances and riots
(B) Armed conflicts between private groups
(C) Armed conflicts for the right to self-determination
(D) Purely internal civil wars

20.

“The concept of Levée en Masse refers to one of the following:”

(A) Regular Armed Forces
(B) Mercenaries
(C) Spontaneous uprising of inhabitants
(D) None of these

 

PART-II

NOTE

(i) Part-II is to be attempted on the separate Answer Book.

(ii) Attempt ONLY FOUR questions from PART-II. ALL questions carry EQUAL marks.

(iii) All the parts (if any) of each Question must be attempted at one place instead of at different places.

(iv) Write Q. No. in the Answer Book in accordance with Q. No. in the Q.Paper.

(v) No Page/Space be left blank between the answers. All the blank pages of Answer Book must be crossed.

(vi) Extra attempt of any question or any part of the question will not be considered.

 

Q. No. 2

Critically analyze the interplay between Articles 31 and 32 of the Vienna Convention on the Law of Treaties, 1969, with particular reference to the circumstances in which supplementary means of interpretation may be invoked.

In your answer, discuss whether subsequent practice and travaux préparatoires can alter the ordinary meaning of treaty terms, and evaluate the implications of this interpretative framework for judicial discretion in international adjudication.

Substantiate your answer with relevant treaty provisions and precedents of the ICJ or other international bodies.

(20)

 

Q. No. 3

Chapter VI of the United Nations Charter emphasizes the pacific settlement of international disputes.

Critically examine the legal nature and binding force of the powers conferred upon the Security Council under Articles 33–38, and analyze the extent to which Chapter VI mechanisms retain relevance in contemporary international relations, particularly in situations where disputes escalate toward threats to international peace and security under Chapter VII.

(20)

Page 2 of 3

 

Q. No. 4

Critically examine the legal status, scope of protection, and limitations applicable to “protected persons” and “protected objects” under the four Geneva Conventions of 1949 and their Additional Protocols of 1977.

In your answer, analyze how the principles of distinction, proportionality, and military necessity affect the protection afforded to civilians, civilian objects, medical units, cultural property, and the natural environment.

Assess the extent to which contemporary treaty law, customary international humanitarian law, and international criminal jurisprudence have expanded or restricted these protections in modern armed conflicts, including non-international armed conflicts.

(20)

 

Q. No. 5

Critically examine the distinction between State and Government in international law and domestic legal systems.

How do the theories of Monism and Dualism influence the reception, authority, and enforceability of international law within domestic legal orders, particularly in situations involving unconstitutional changes of government, recognition disputes, or regime change?

Illustrate your answer with relevant judicial decisions and state practice.

(20)

 

Q. No. 6

Critically analyze the legal status of combatants under international humanitarian law, with particular reference to the distinction between lawful combatants, civilians, and so-called ‘unlawful (or unprivileged) combatants’.

Examine how this notion was articulated and applied by the United States Supreme Court in Hamdan v. Rumsfeld (2006).

To what extent did the Court’s reasoning align with or depart from the Geneva Conventions, especially Common Article 3 and customary international law?

Assess the implications of the Hamdan judgment for the erosion or reinforcement of combatant protections, due process guarantees, and the future development of international humanitarian law in non-international armed conflicts.

(20)

 

Q. No. 7

Critically examine the scope, rationale, and limitations of diplomatic immunity under the Vienna Convention on Diplomatic Relations, 1961.

With particular reference to the Raymond Davis incident in Pakistan, analyze how diplomatic immunity can be misused or overextended to shield individuals from criminal accountability.

In your analysis, assess the legal distinction between diplomatic agents, members of the administrative and technical staff, and other categories of mission personnel.

Evaluate whether the application of immunity in the Raymond Davis case was consistent with international law, host-state sovereignty, and the principle of functional necessity.

(20)

 

Q. No. 8

State A, a party to several multilateral environmental and human rights treaties, operates a state-owned corporation that manages offshore oil drilling near the maritime boundary of neighboring State B.

Due to negligent maintenance and weak regulatory oversight, a major oil spill occurs, causing extensive environmental damage to State B’s coastline and adversely affecting the livelihood and health of its population.

In response to international criticism, State A argues that:

1. The acts were committed by a separate corporate entity and are therefore not attributable to the State;
2. The damage was caused by unforeseen circumstances amounting to force majeure;
3. Any countermeasures taken by State B, including suspension of trade obligations and diplomatic sanctions, are unlawful; and
4. The Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA, 2001) are not legally binding and therefore cannot be relied upon.

In light of the above scenario, respond to the following:

(a) Applying the ILC’s Articles on State Responsibility, assess whether the conduct of the state-owned corporation can be attributed to State A.

(b) Critically evaluate State A’s reliance on circumstances precluding wrongfulness under ARSIWA.

(c) Examine the legality and limits of countermeasures adopted by State B in light of the ILC framework.

(d) Discuss the legal status and authoritative value of the ILC’s Articles on State Responsibility and analyze their influence on the jurisprudence of the International Court of Justice and contemporary state practice.

(5 each)

(20)

 

 

 

Q.1

(i) Select the best option/answer and fill in the appropriate Box on the OMR Answer Sheet. (20 × 1 = 20)

(ii) Answers given anywhere else, other than OMR Answer Sheet, will not be considered.

 

1. Consuls, in receiving state are considered representative of:

(A) Head of State
(B) The government
(C) Foreign Office
(D) None of these

2. “International Law is not a true law but a positive international morality”, said by:

(A) Brierly
(B) Oppenheim
(C) John Austin
(D) None of these

3. Who is known as father of International Law?

(A) Jessup
(B) Grotious
(C) Hegal
(D) None of these

4. Albama Claim Arbitration determines the principles of:

(A) Extradition
(B) Nationality
(C) Neutrality
(D) None of these

5. Decision of Arbitration is:

(A) Binding on Parties
(B) Not Binding
(C) Partially Binding
(D) None of these

6. Indo-Pakistan conflict in 1965 was a:

(A) Non-war Armed Conflict
(B) War
(C) Just border conflict
(D) None of these

7. Nationality of a woman as a result of marriage with a foreigner is:

(A) Lost
(B) Changed
(C) Nothing is done
(D) None of these

8. Tashkent declaration between India and Pakistan in 1966 by USSR was a:

(A) Conciliation
(B) Mediation
(C) Arbitration
(D) None of these

9. Geneva Convention for POWs was signed in:

(A) 1949
(B) 1952
(C) 1945
(D) None of these

10. Armed Attack on enemy falls under:

(A) Retortion
(B) Reprisal
(C) Intervention
(D) None of these

11. Briand-Kellog Pact was signed in Paris in:

(A) 1923
(B) 1928
(C) 1945
(D) None of these

12. Universal Declaration of Human Rights was passed by:

(A) Geneva convention
(B) Vienna Congress
(C) UN General Assembly in 1948
(D) None of these

13. ‘Truce’ is:

(A) Agreement of ceasefire
(B) Peace Treaty
(C) Agreement of exchange of Prisoners of War
(D) None of these

14. Concept of State was first time given by:

(A) Hegel
(B) Grotious
(C) Bynkershoek
(D) None of these

15. If a Pakistani citizen is involved in counterfeiting US currency, US can claim Jurisdiction over him on the basis of principle of:

(A) Subjective Territoriality
(B) Objective Territoriality
(C) Extra-Territoriality
(D) None of these

16. Charge’ d Affairs, appointed in a foreign state has to report to:

(A) Head of State
(B) Head of Government
(C) Foreign Office
(D) None of these

17. Charter of International Criminal Court was adopted in:

(A) Rome Conference 1998
(B) Geneva Convention
(C) General Assembly
(D) None of these

18. Genocide Convention 1951 protects the:

(A) Smaller minority groups
(B) Prisoners of War
(C) Non-combatants
(D) None of these

19. Extradition means:

(A) Capturing a Criminal
(B) Exchange of Diplomats
(C) Exchange of Criminals to other State
(D) None of these

20. International Court of Justice can exercise its Jurisdiction:

(A) On all disputes between States
(B) With consent of any one party
(C) With consent of all Parties
(D) None of these

 

PART-II

NOTE:

(i) Part-II is to be attempted on the separate Answer Book.

(ii) Attempt ONLY FOUR questions from PART-II. ALL questions carry EQUAL marks.

(iii) All the parts (if any) of each Question must be attempted at one place instead of at different places.

(iv) Write Q. No. in the Answer Book in accordance with Q. No. in the Q.Paper.

(v) No Page/Space be left blank between the answers. All the blank pages of Answer Book must be crossed.

(vi) Extra attempt of any question or any part of the question will not be considered.

 

Q. No. 2

“From the theoretical standpoint, the provision for applying the ‘general principles’ sounding the death-knell of positivism”. Discuss.

(20)

 

Q. No. 3

Explain the term ‘Subjects of International Law’. Whether States continues to be the principal subjects of international legal relations? Also justify individuals as subject of International Law by giving appropriate examples.

(20)

 

Q. No. 4

To what extent, if at all, are the powers of the Security Council confined to the contents of Chapter VI and VII of the United Nations Charter?

(20)

 

Q. No. 5

Discuss in detail Recognition in International law and its various kinds. Argue with particular reference to the Constitutive Theory of Recognition and the consequences of non-recognition of government.

(20)

 

Q. No. 6

Explain the structure and powers of the International Court of Justice and assess the importance of the principles laid down in judicial decisions of leading cases as precedents for states.

(20)

 

Q. No. 7

Frequent interventions have challenged the validity of some of the fundamental principles of international law. Discuss those principles in light of recent interventions.

(20)

 

Q. No. 8

Write short notes on any two of the following: (10 each)

(a) Nature of relationship of a state with an individual

(b) Territorial and Extra-Territorial asylum

(c) The Nottebohm Case

(20)

 

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Q.1

(i) Select the best option/answer and fill in the appropriate Box on the OMR Answer Sheet. (20 × 1 = 20)

(ii) Answers given anywhere else, other than OMR Answer Sheet, will not be considered.

 

1. Extradition proceedings are based on:

(A) Principle of equality.
(B) Principle of non-interference in domestic affairs.
(C) Principle of Reciprocity.
(D) None of these.

2. Dolus Specialis refers to:

(A) Special agreement between two states.
(B) Specific intent requirement to constitute the crime of Genocide.
(C) Widespread and systematic nature of the crime of Ethnic Cleansing.
(D) None of these.

3. Which one of the laws is not a source of International Law?

(A) International Financial Transactions.
(B) International Principles of Law.
(C) International Contracts.
(D) None of these.

4. Which of the following conventions encourages state parties to reward indigenous knowledge?

(A) UN Convention on Bio-Diversity 1992.
(B) UN Convention on Means of Prohibiting Illegal Export of Cultural Property 1970.
(C) UN Convention against Narcotic Drugs and Psychotropic Substance 1988.
(D) None of these.

5. United Nations Convention against Torture 1984 prohibits acts of torture committed by:

(A) Individual citizens.
(B) Occupying forces.
(C) Non-state actors.
(D) None of these.

6. The Just War doctrine was repudiated after entry into force of:

(A) Bretton Woods Agreement 1944.
(B) The Covenant of the League of Nations 1920.
(C) Kellog-Briand Pact 1928.
(D) None of these.

7. The task of the United Nations Peace Keepers is to:

(A) Apprehend suspects in conflict zone.
(B) Fight war in conflict zone against the aggressor.
(C) To maintain law and order in the conflict zone.
(D) None of these.

8. The Montevideo Convention 1933:

(A) Sets out definition, Rights and duties of states.
(B) Lays down rules on self-determination for states.
(C) Delineates maritime boundaries of states.
(D) None of these.

9. According to the United Nations Convention on Law of the Sea, the breadth of Exclusive Economic Zones shall not extend beyond:

(A) 200 nautical miles.
(B) 300 nautical miles.
(C) 100 nautical miles.
(D) None of these.

10. The following resolution of the UN Security Council obliges member states to prohibit terrorist funding and designate terrorist organizations:

(A) UNSCR 1574.
(B) UNSCR 1441.
(C) UNSCR 1373.
(D) None of these.

11. The UN Convention against Corruption 2006 encourages member states to make laws aimed at protecting:

(A) Whistle blowers.
(B) Witnesses.
(C) Both (A) & (B).
(D) None of these.

12. Aut dedere aut judicare obligation requires states to:

(A) Incarcerate the fugitive.
(B) Extradite or prosecute the fugitive.
(C) Request Interpol to capture the fugitive.
(D) None of these.

13. Universal jurisdiction is exercised on the basis of:

(A) Seriousness of the crime.
(B) Universal abhorrence of the crime.
(C) Universal prevalence of the crime.
(D) None of these.

14. Jus ad bellum refers to:

(A) Law during warfare.
(B) Law regulating the decision to go to war.
(C) Law after the outbreak of war.
(D) None of these.

15. Which of the following represent military targets?

(A) Monuments of martyrs.
(B) Prisons.
(C) Camps for sick and wounded.
(D) None of these.

16. Remedies for unlawful use of force include:

(A) Restoration of territory, reparations and apology.
(B) Monetary compensation, ceding territory and exchange of prisoners.
(C) Both (A) & (B).
(D) None of these.

17. Select the meaning of the principle of rebus sic stantibus:

(A) There is not a crime without Law.
(B) A treaty must be adhered to faithfully.
(C) A fundamental change of circumstances.
(D) None of these.

18. Select the name that is considered to be the father of International Law:

(A) Oppenheim.
(B) Hugo Grotius.
(C) Suarez.
(D) None of these.

19. Jus Soli is a principle associated with:

(A) Extradition.
(B) Nationality.
(C) Asylum.
(D) None of these.

20. Piracy is a crime within the jurisdiction of the:

(A) Flag State.
(B) Offenders State.
(C) All the States.
(D) None of these.

 

PART-II

NOTE:

(i) Part-II is to be attempted on the separate Answer Book.

(ii) Attempt ONLY FOUR questions from PART-II. ALL questions carry EQUAL marks.

(iii) All the parts (if any) of each Question must be attempted at one place instead of at different places.

(iv) Write Q. No. in the Answer Book in accordance with Q. No. in the Q.Paper.

(v) No Page/Space be left blank between the answers. All the blank pages of Answer Book must be crossed.

(vi) Extra attempt of any question or any part of the question will not be considered.

 

Q. No. 2

(a) Can you draw a distinction between right of self-defense under Article 51 of the UN Charter and right of self-defense under customary international law? Discuss in the light of Caroline incident of 1837.

(b) Do you agree with the statement that right to self-defense constitute an exception to prohibition on the use of force under Article 2(4) of UN Charter?

(20)

 

Q. No. 3

(a) What is prescriptive jurisdiction under international law? Examine its various kinds as set out in customary international law.

(b) Can a state exercise enforcement jurisdiction in the territory of another state? Discuss by reference to Lotus case (France V. Turkey) 1927.

(20)

 

Q. No. 4

States are considered as original and principal subject of international law.

(a) Provide and discuss two examples illustrating the fact that states possess the most full blown form of legal personality under international law.

(b) Discuss advantages and disadvantages of the fact that states are still the primary subjects of international law.

(20)

 

Q. No. 5

(a) Is International law a law or positive morality? Give reasons to support your answer.

(b) In what respects, International law differs from domestic law? Are there any similarities between the two?

(20)

 

Q. No. 6

What is Advisory jurisdiction of International Court of Justice (ICJ)? In what respects it can be distinguished from consent based contentious jurisdiction? Discuss in view of Advisory opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory 2004.

(20)

 

Q. No. 7

(a) Narrate the importance of treaty in international law.

(b) Explain various steps in conclusion of a treaty.

(20)

 

Q. No. 8

Write short notes on any two of the following: (10 each)

(a) Principle of non-refoulment.

(b) Jurisdiction of a maritime state over coastal waters.

(c) Legitimacy of perfidy and ruses in IHL.

(20)

 

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Q. No. 2

“States continue to be the principal subjects of international legal relations but non-state entities to exert a great deal of influence on the legal system.”

Examine the statement with reference to rights and duties of international organizations under the law.

(20)

 

Q. No. 3

Territory is undoubtedly the basic characteristic of a state as well as the most widely accepted and understood – elaborate with reference to the exclusive rights of states on land and air territory.

(20)

 

Q. No. 4

Does the customary International Law grant the right to use force to a state in response to a terrorist attack on it?

Substantiate your answer by arguing from Article 51 and Paragraph 4 of Article 2 of the UN Charter and other recent examples in this regard.

(20)

 

Q. No. 5

Define treaty according to Vienna Convention on the Law of Treaties 1969 and explain the following:

(i) Nature of relationship of a state with an individual

(ii) Territorial and Extra-Territorial asylum

(iii) The Nottebohm Case

(20)

 

Q. No. 6

According to Austin’s laws “properly so-called” are the commands of a sovereign, and “International Law is no law, it is only positive morality”.

In Fitzmaurice view, “a necessary characteristic of any system of law, ‘properly so-called’ is its enforceability, and ‘international law possesses that characteristic, even if only in a rough and rudimentary form.’”

In the light of the above statements, discuss the true nature of international law while taking into account the development that have taken place after the Second World War.

(20)

 

Q. No. 7

What are the constituent elements of international responsibility?

Also discuss the forms of reparation for the breach of an obligation by a State with the help of relevant provisions of the Draft Code of International Law Commission on Responsibility of States for Internationally Wrongful Acts, 2001.

(20)

 

Q. No. 8

The International Court of Justice (ICJ) has no so-called compulsory jurisdiction.

(a) Explain under what circumstances the ICJ has jurisdiction to settle an inter-state dispute.

(10)

(b) Explain whether or not in the view of the ICJ its “provisional measures” are binding.

(10)

(20)

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Q. No. 2

Discuss the historical account of the origin of International Law. What should be the focus of any account as to how and why International Law initiated and to what extent it is relevant and effective in the modern times?

(20)

 

Q. No. 3

Explain the term “Subjects of International Law.” Whether States continue to be the principal subjects of international legal relations and also justify individuals as subjects of International Law by giving appropriate examples?

(20)

 

Q. No. 4

Discuss in detail, in the light of relevant Articles of the UN Charter and practice, whether the world organizations are authorized to intervene in the domestic jurisdiction of its member states?

(20)

 

Q. No. 5

Discuss in detail Recognition in International Law and its various kinds. Also argue with particular reference to the Constitutive Theory of Recognition and the consequences of non-recognition of government.

(20)

 

Q. No. 6

Explain the structure and powers of the International Court of Justice and assess the importance of the principles laid down in judicial decisions of leading cases as precedents for states.

(20)

 

Q. No. 7

Frequent interventions have challenged the validity of some of fundamental principles of International Law. Discuss those principles in light of recent interventions.

(20)

 

Q. No. 8

Write short notes on any TWO of the following:

(a) Nature of relationship of a state with an individual

(b) Territorial and Extra-Territorial asylum

(c) The Nottebohm Case

(10 each)

(20)

 

 

 

Q. No. 2

“The rules regarding the persistent and subsequent objector reveal a critical weakness at the heart of international law. If a state can avoid being bound by any rule of customary international law, including a rule that achieves jus cogens standing, then international law cannot really be described as `law'.”

Critically examine the above statement, using examples from case law and state practice.

(20)

 

Q. No. 3

“The way in which a State approaches international law will depend on whether it adheres to the monistic or dualistic school of thought.”

Examine this quotation with examples.

(20)

 

Q. No. 4

How Extradition has been defined in International Law?

What is meant by non-extradition of ‘political offenders’?

What are the conditions necessary for extradition?

(20)

 

Q. No. 5

Blockade of the Ports or Coasts of a State by the Armed Forces of another State is an example of Aggressive Act.

Explain the Laws relating to Blockade under International Humanitarian Law.

(20)

 

Q. No. 6

Does current international law concerning immunity suggest that heads of state and former heads of state responsible for serious human rights violations would be well advised to remain at home?

(20)

 

Q. No. 7

Critically appraise the position of international law relating to self-determination and secession in the light of the International Court of Justice’s advisory opinion concerning the status of Kosovo.

(20)

 

Q. No. 8

Write short notes on the following:

(a) Belligerent occupation in public international law

(b) Difference between state immunity and diplomatic immunity

(10 each)

(20)

 

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Q. No. 2

Why is it difficult to render accurately a historical account of the origin of International Law? What should be the focus of any account as to how and why International Law began?

(20)

 

Q. No. 3

Distinguish between Monism and Dualism. To what extent both Monism and Dualism explain how States relate to International Law?

Critically discuss:

“Incorporation and Transformation are two modalities for adopting international law into the municipal legal system.”

(20)

 

Q. No. 4

“A state may exercise its Territorial Jurisdiction once a crime is committed on its territory, regardless of where the crime starts or ends.”

Discuss.

(20)

 

Q. No. 5

What is the general principle governing imputability of conduct of insurrectional groups to a state?

To what extent can the unlawful acts of a rebel movement that is successful in controlling parts of a state be imputed to the state?

(20)

 

Q. No. 6

“A state that first physically occupies a territory retains sovereignty over it forever.”

To what extent is this statement true of the acquisition of territory in International Law?

(20)

 

Q. No. 7

What is International Criminal Law?

Describe the composition, basis and jurisdiction of the International Criminal Court (ICC), especially with reference to non-State parties.

List all the conditions for the exercise of jurisdiction by the ICC.

(20)

 

Q. No. 8

“Article 2(4) of the UN Charter is an absolute prohibition of the use or threat of force.”

Analyse the validity of this statement in light of writers’ and states’ approaches to interpreting the article.

(20)

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Q. No. 2

International Law is Oxymoronic. Argue.

(20)

 

Q. No. 3

Explain the basic difference between Primary and Subsidiary sources of International Law.

(20)

 

Q. No. 4

How can good offices and mediation help in avoiding influence of Security Council’s highhandedness? Analyze.

(20)

 

Q. No. 5

How does International Law deal with POWs? Explain with examples.

(20)

 

Q. No. 6

Under Vienna Convention how would you define treaty, its major features and conditions of termination of a treaty?

(20)

 

Q. No. 7

What are the Jurisdictional constraints to the right of self-determination in context to Montevideo Convention on the recognition of state?

(20)

 

Q. No. 8

Write short notes on any TWO of the following:

(10 each)

(a) Nature of relationship of a state with an individual.

(b) International Soft Law.

(c) Collective use of Force.

(20)

 

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Q. No. 2

Define International Law. Discuss its nature and scope. To what extent it is relevant and effective in the modern times?

(20)

 

Q. No. 3

What are the material sources of International Law? Discuss any two of them in detail with necessary examples.

(20)

 

Q. No. 4

What is meant by “Freedom of High Seas”? Discuss certain restrictions on it by International Law, including the right of Hot Pursuit by the ships of a costal state on the High Seas.

(20)

 

Q. No. 5

What is meant by State Jurisdiction? Discuss different types of state jurisdiction under International Law.

(20)

 

Q. No. 6

Discuss the concept of Neutrality. How a neutral State differs from a neutralized State. Explain the rights and duties of neutral and the belligerent states during war.

(20)

 

Q. No. 7

What is Recognition? Discuss Dejure and Defacto recognitions. Also explain the constitutive and declaratory theories of recognition. Discuss the disabilities of unrecognized states.

(20)

 

Q. No. 8

Write short notes on any TWO of the following:

(a) Lotus Case

(b) Scotia Case

(c) Territorial and Extra-Territorial asylum

(10 each)

(20)