National University of Study and Research in Law, Ranchi

End Term Examination 2021

Semester -- VI
Name of Subject- PUBLIC INTERNATIONAL LAW
Subject Code- L119

Total Marks: 70 Maximum Time: 5 Hours

Instructions:

1) No clarifications shall be provided about the question paper during the course of
the exam.
2) Attempt 5 questions out of 7.

1. General principles of law are not a source that binds states directly. In order to avoid
non-liquet an international tribunal is constrained to rely upon general principles of
law as practiced by civilized states.
Express your views supported by giving relevant cases. (Marks 14)

2. Being desirous of contributing to the objectives of improving trade relations with a

view to raise standards of living, ensuring full employment and a growing volume of
real income and effective demand, developing full use of resources of the world and
expanding production and exchange of goods, contracting state parties conclude a
general agreement. State X gives a discriminatory treatment to the resources of State
Y.
Can State X incur international responsibility for breaching its obligation? What could
be the possible circumstances in which there would not be any breach of obligation?
(Marks 14)

3. State sovereignty has to be respected and as such international law is not laid down by
some authority, rather it merely ensures that States openly declare and abide by the
promises that they have themselves agreed to abide by in the international realm.
In light of the above statement, explain the nature of international law. (Marks 14)

4. In its advisory opinion given in the Western Sahara case, ICJ has held that
international law doesn’t require the structure of a state to follow any particular
pattern. At the same time, where sovereignty over territory is claimed, the particular
 structure of a State may be relevant element in appreciating the reality or otherwise of
a display of state activity adduced as evidence of that sovereignty.
Explain the criteria’s required to be fulfilled by states to be recognized as entities
under international law. Can the states be considered as the primary subjects of
international law? (Marks 14)

5. In Vellore citizens welfare forum v. UOI it was observed that rules on customary
international law which are not contrary to the municipal law shall be deemed to have
been incorporated in the domestic law and shall be followed by the courts of law.
In light of the above statement, explain the provisions under The Constitution which
deal with international law. (Marks 14)

6. “Treaties are the express forms of consent given by the states for the obligations
undertaken”. Do you agree with the above statement? Justify using appropriate
provisions from VCLT describing the stages of formation and conclusion of treaties.
(Marks 14)

7. “Recognition of states is not merely a legal act, but also has political implications.”
Express your views using relevant theories and examples. (Marks 14)