INDIAN JOURNAL OF LAW & INTERNATIONAL AFFAIRS

Instructions: -
Kindly answer the following questions while referring to relevant conventions, international
treaties as well as foreign cases, or doctrines/principles evolved by in International Courts and
Tribunals or United Nations Declarations or any other scholarly work published on that subject-
matter. Answers without a source or legal backing shall be rendered as incomplete. Word count
per answer shall not be less than 40 words.
Please note that opinions of the candidates in their answers shall not be a ground of
selection/rejection, however, coherence, legal backings, and conviction of the candidates in their
averments shall be taken into consideration.
Questionnaire: -
Q 1. What is the difference between repatriation and refoulment?

Ans.

Q 2. Country ‘A’ formed a Union with country ‘B’ called as ‘ABU’ in order to
promote trade and tackle economic distress in their respective states. Thereafter, ‘ABU’
enters into a treaty called as ‘Treaty of Peace’ (hypothetical treaty) with country ‘Z’ in
order to bring peace and tranquility around their borders. However, after 2 years union
between ‘A’ and ‘B’ gets dissolved due to failure to achieve the intended objective.
‘ABU’ shared borders with ‘Z’. Now, ‘Z’ has made certain attacks on alleged militants
on the territory of ‘A’ in the garb of controlling illegal cross-border infiltrations and
controlling terrorism. Can ‘A’ approach the International Court of Justice against ‘B’ for
violating ‘Treaty of Peace’? If yes, then kindly back the averments with relevant legal
backings.

Ans.
 Q 3. Explain the situation in which International Humanitarian Law and International
Human Rights Law applies? Kindly outline the similarities and differences between the
two while referring to relevant conventions.

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Q 4. Can the International Court of Justice exercise any jurisdiction and adjudicate a
matter pertaining to an International Trade dispute?

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Q 5. Can a WTO Panel, so established under Article 6 of DSU award ‘monetary

reparation’? And in case, the WTO Panel cannot do so, then will this be a ground to
approach ICJ in order to get an International Trade Dispute adjudicated?

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Q 6. What is the nature of decisions given by WTO Panels?

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Q 7. To which extent the issue of counter-terrorism dealt by Geneva Conventions and

International Humanitarian Law.
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Q 8. Please elaborate the procedures and conditions under which a state party to Rome
Statute bring a claim against a non-state party to the jurisdiction of ICC?

Ans.

Q 9. Article 9(1) of the Additional Protocol I, Article 24 of the 1 st Geneva Convention,

and UN Resolution 2286 protects medical professional who help the wounded during
warfare. Yet, we see majority of the countries, including those who are permanent
members of the Security Council, floundering these provisions at will. Is there any
remedy where the international community could take cognizance of the same and ensure
sanctions against a permanent member? If not, doesn’t it make the Geneva Conventions
infructuous?

Ans.