PUBLIC

INTERNATIONAL LAW
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW
UNIVERSITY

MOST IMPORTANT PREVIOUS YEAR QUESTIONS

ALONG WITH ANSWERS

By
ANIL KUMAR K T
Mob: 9584416446
 Karnataka State law university 3 & 5 year LLB

ANIL KUMAR K T LLB COACH

Public International Law
Most important previous year questions
1. Explain the sources of International law.
2. Explain the operation of international law in British Municipal.
3. What is recognition? Explain Dejura & Defacto recognition?
4. What is continental shelf? Explain the rights available to coastal state in
continental shelf?
5. Explain the rights and privileges of diplomatic envys.
6. Explain the composition and jurisdiction of international court of justice?
7. Write a note on theories relating to recognition.
8. Write a note on International labor organization.
9. Examine the theories relating to nature and basis of international law.
10.Individuals are the only subjects of international law evaluate the
relevancy of the statement?
11.Explain the different theories relating to relationship between
international law and municipal law.
12.What is state succession? Explain the rights and duties arising out of
succession state?
13.Explain the modes of acquisition and loss of state territory.
14.Examine the practices of states in relation to formation of termination of
treaty.
15.Write a note on customs.
16.Define international law and trace the development of international law.
17.Discuss the theories as to application of international law in municipal
law.
18.What is intervention? Discuss the different types of intervention?
19.Explain state jurisdiction according to personal and protective principles.
20.What is high seas? State the freedoms available to a state on high seas?
21.Write a note on defacto recognition and extradition.
22.Write a note on microstates and condominium.
23.Explain the difference between municipal law and international law.
 24. A state exercises jurisdiction over property, person, acts and events
occurring within its territory examine the exceptions to this rule?
25.Discuss the jurisdiction of maritime state over coastal water.
26.Narrate the importance of treaty in international law. Explain the various
steps in conclusion of an international treaty.
27.Write a note on dualism and pacts scent servande.
28. Write a note on Nottebhom’s case.
29.Write a note Calvo cause.
30.Duties and rights of states are only the duties and rights of men who
compose them. Discuss.
31.State the general principles of law recognized by civilized nations as
source of international law with decided cases.
32.Explain the responsibilities of a state for international deliquesces.
33.Define recognition. Discuss the legal effects of recognition.
34.Point out the nature and rights of coastal states over adjoining maritime
waters.
35.Explain the purpose and principles of united nations organization.
36.Write a note on implied recognition.
37.Define state? State the different kinds of state?
38.What is Asylum? Explain the different types of Asylum?
39.Write a note on consuls and territorial sea.
40.What is nationality? Explain the international importance of nationality.
41.Define the term of treaty? Explain the termination of treaties.
42.Explain the functions and powers of security council.
43.Write a note on Exclusive economic zone and principle involved in the
lotus.
44.Define state of succession? Discuss the consequences state succession.
45.Define territorial sovereignty? State the exceptions to territorial
sovereignty?

BY
ANIL KUMAR K T, LLB COACH
1.Explain the sources of international Law

Introduction:

Major sources which form the conventional source of International law

includes the International Convention and Treaties. Sources of International
Law can be bifurcated into primary and secondary sources which are explained
below.

Primary Sources
Primary Sources of International Law are considered formal in nature. They
come from official bodies which include Treaties, Customs and principle of
Law. Article 38(1)(a-c) of the ICJ statute is widely recognized as the backbone of
the formal source of International Law. It is generally regarded as an
authoritative statement of the sources of international law. Article 38 of the
Statute of the International Court of Justice in The Hague has been treated as a
convenient catalogue of international legal sources.

Article 38 of the ICJ statute:

Article 38(1)(a-c) of the ICJ was adopted by the same provision of the statute of
the Permanent Court of International Justice which operated under the
auspices/support of Legal of Nations in 1920. The article refers to the primary
sources of international law which are enumerated below:

Custom as a Source of International Law

The original and the oldest sources Law is known as Custom. The rules of
customary International Law involved a long historical process which gained
recognition by the entire community. The presence of customary rules can be
deduced from state practice and behaviour because it is not a written source of
law

Convention as a source of International Law

Treaties and conventions are one of the most important sources of International
Law. These conventions can be multilateral or bilateral. Multilateral conventions
relate to the treaties which formulate the universal or general application of the
law. On the other hand, bilateral conventions are those which is formed
exclusively by two states to deal with a particular matter concerning these
states.

General Principle of International Law

Most modern jurists accept general principles of law as common to all national
legal systems, in so far as they are applicable to the relations of States. There
are fewer decided cases in international law than in a municipal system and no
method of legislating to provide rules to govern new situations. It is for such a
reason that the provision of ‘the general principles of law recognized by civilized
nations’ and was inserted into article 38 as a source of law.

Secondary source (Evidence of International law)

Article 38(1)(d) forms part of the material source of International Law also
known as the secondary source. It states that judicial decisions and the teachings
of the most highly qualified publicists of the various nations also help in guiding
the formation of international law, however they are not binding but merely
advisory in nature.

Judicial Decision

Under this, the court is authorised to apply previous decisions of the court which
are also known as an evidence of international law, however, it is subject to the
exception stated under Article 59 of the statute which states that the previous
decision of the court can only guide the court, it is not binding on the court.

This article provides the court with a rule that it is not to be bounded by
precedents but recourse can still be made by the court to its past decision’s res
judicata and advisory opinion to substantiate current case as authoritative
evidence of legal position.

Juristic writings and teachings

Other major parts of this source also include the ‘teachings of the highly
qualified writers such as Gentili, Grotius, and Vattel who were considered as the
supreme authorities of the international law in the 16th to 18th Centuries.
Textbooks are used as a method of discovering what the law is on any particular
point rather than as the source of actual rules, and the writings of even the most
respected international lawyers cannot create law. These are considered as an
evidentiary source of law as they provide an explanation and understanding of
the International principles. They carry an essential value because they provide
to fill the grey areas of International Law where treaties or customs do not exist.

2. Explain the operation of international law in British municipal

Municipal law is the law of the sovereign governing individuals and their conduct
within the state and is concerned with the internal relation of the State

a) Customary International law

• Customary rules will be applied by the British courts if it has attained
the position of general acceptance.
• The Rules should not be inconsistent with the provisions of British
Statute laws
• Once the scope of customary law is determined by final authority then
all British courts are bounded by them
b) Practice as to treating

In England the Executive is accountable to the Parliament for the conduct

of foreign affairs. Majority of treating which are part of international law
do not ipso facto become the law of the land unless expressly adopted or
incorporated by the parliament through legislation so as to make them
part of the land. No legislation is required for certain specific treating
which do not alter municipal law.

2.What is recognition ? Explain Dejure and Defacto recognition?

Introduction:
Fenwick defines recognition as a formal acknowledgment by the existing
measures of an international community of the international personality of a
state of political group not hither to maintaining official relations with it
Types of recognition

1) Express implied recognition

2) Recognition subject to an condition
3) Individual and collative recognition
4) Recognition of a state or new government
5) Recognition of government in excel
6) Premature recognition
7) Defect or defacto recognition
8) Recognition of insurgency and belligerency

Dejura and Defacto Recognition

Defacto recognition

It is an non committal recognition. when an entity complies with the

requirements of state hood and independence initially, defacto recognition is
given to see the prospects of stability and ability to fulfill the international
obligations.

Defacto recognition is usually given to secure certain economic advantages to

the recognizing state and enabling it to protect the internets of its citizens, living
in the territory of the state

Dejure Recognition:

Dejure recognition generally succeed defacto recognition it is given after being

satisfied that the now government is stable and can rule the people legitimately.
It is permanent and irrevocable
Distinction between defacto and dejure recognition

• Only degree state or government has the right to receive the property
situated in the territory of the recognizing state
• Any dejure recognized state is entitled for state succession
• Defacto recognition can be withdrawn on several grounds than those
of the normal grounds of with drawl of dejure recognition
• As per British practice, the diplomatic representation of the defacto
state are not entitled to full immunities and privileges

4) What is continental shelf? Explain the rights available to coastal state in

continental shelf?

Introduction:

Continental shelf is sub marine land which is contiguous to the continent and
which is covered by no more than 100 fathoms ( 600 first ) of water

Since the continental shelf is the submarine Extension to the coastal state, if has
reasonable right to have jurisdiction on it.

Continental shelf means the submerged belt of the sea. It is contiguous to

continental land mass. It is formed in such a manner as to be considered at the
extension of the land area. It extends to a distance till the bottom reaches 6000
feet

Article 56 deals with the rights of a coach state in the exclusive economic zone

There is sovereign rights for exploiting consuming and managing the natural
reopens and for the economic exploitation and exploration of the zone.
 • Article 57 provides that it shall not exceed beyond 200 nautical miles
from baselines of the coastal stood from which the breadth of the
territorial see is measured.
• Rights in the exclusive economic zone (Article 58)
• In the exclusive economic zone all states enjoy the freedoms of
navigation and over flight and also of the laying of submarine cables
and pipelines and other lawful use of the sea.
• In exercising rights and performing their duties in the Exclusive
Economic zone, the above states must have due regard to the rights
and duties of the coastal state.

1) Explain the rights and Privileges of diplomatic Envys

• The receiving state must provide personal safety to the diplomatic
representatives
• Freedom of communication
• In Palachi case the court held that Ambassadors must be provided
with safety measures and kept from all injuries
• The diplomatic representatives are immunities from all criminal
proceedings. They can be punished only after getting the consent of
the sending state.
• He is immune from civil jurisdiction but the representative can waive
his right of immunity. Then the local courts can have jurisdiction.
• The residence of diplomatic representatives enjoy immunity and their
residences are regarded inviolable.
• The diplomatic agents are immune from the police rules of the states
in which they are appointed.
 • The diplomatic agents have the right to exercise control and
jurisdiction over their officers and families
• The representative is exempted from all direct and person’s taxes like
income tax etc.
• He has the privileges of worship of the god of his choice and private
worship.
• The representative cannot be compelled to appear as a witness in civil,
criminal or administrative courts.
• The residence of the diplomatic representative is immense from local
jurisdiction. Asylum can be given in his residence
• Diplomatic agents are also exempt from local and military obligations

6.Explain the composition and Jurisdiction of International court of justice?

International court of justice is situated at the Hague( Nether lands) and it came
into existence on 24th October 1945. It is based on permanent court of
International justice statute with some modifications

Composition:

Members of International court of justice are only individuals and not states. It
has 15 judges each with 9 years form 1/3 of members retire at every 3 years.
Equal states to all judges is granted and no two judges can be from the same
nation. The term for the President and Vice President is for 3 years

Qualification of judge

1)High moral character

2) Eligibility for appointment to highest judicial office of the country
3) Knowledge of main Legal systems
4) Knowledge of main form of civilization
Privileges : Every facilities for leaving country at any fine he likes and for all
diplomatic immensities and privileges in the country of residence and in the
country travel are available.

Jurisdiction

• International agreements 38 (1) (a)

• International custom 33 (1) (6)
• General principles of law recognized by civilized nation 38(1) (c)
• Judicial decision and juristic works 38 (i) (d)
• Ex acquest bono - it means compromise conciliation and legislation in
a friendly settlement

International court of justice exercise three types of jurisdictions

• Contentious jurisdiction
• Advisory Jurisdiction
• Revisory Jurisdiction

2.Write a note on theories relating to recognition

Fenwick defines recognition as a formal acknowledgment by existing members

of an international community of the International personality of a state of

political group not hit herto maintaining official relations with it. There are two
distinct theories regarding the principles of recognition

1) Constitutive theory or cognitive theory

Hegel is the founder of the theory. According to him a state comes into
existence only after recognition. According to Anzilolti, state comes
into existence by first agreement as expressed by treaty of recognition
 such recognition is reciprocal and constitutive of creating rights and
obligation
2) Declaratory theory or Evidentiary theory

Starke, Bhishop, Brearly, Haw, Kworth, Hall, advocate this theory

according to them state hood exists prior to and independent of
recognition. It is merely a declaration of an existing fact. It is just
acknowledgment are of the Existence of the new state.

According to Hall a state enters into the family of nations as a right

when it has required all the entitle attributes of state hood.

The aim of recognition is that diplomatic relation which were uncertain

before recognition become, certain after recognition. The material of
recognition is the date of fulfillment

8.Write a note on International labour organization

International Labour organization was established in the year 1919 after the
first world war and it was an autonomous body associated with league of
nations. Its head office was and is situated in Geneva. It was brought under the
united nations organizations in the year 1946 as the first specialized agencies
through a special agreement.

The ICO consists of

International Labour conference known as general conference

• Governing body
• International labour office (Secretariat )
The general conference of the international organization held in 1944
proposal its objective through a declaration.
According to article 3 of the declaration the following are its main objectives

1) Child welfare
2) Social security
3) Minimum living age
4) Proper health of worker
5) Equal and full opportunity in education and employment
6) Rise in living standards
7) Rights of collective bargaining
8) Housing entertainment etc

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

Modern international law is a body of legal rules and principles which regulate
the relation between subjects of international law i.e entitle which possess
international personality such as sovereign states and international organization

• International Law is not a law

The leaders of this school an Sri John Austin, Thomas Hobbs Samuel
Pufer drof and others. According to them international law at best
resembles rules of law. It comprises of only rules of positive morality.
Even during the time of Hego Grotious International law was termed
as “No reality out side on empty name.
• International Law A Law

The leaders of this school are strake, Oppenniem, Hall, Lawrance, Polis
and Sir Hennrymaine

According to this school international law is a true law but a different

kind. It should not be declared untrue by compelling it with municipal
law which is far advanced and well developed
 • International Law - A weak Law
The theoretical views by Eminent jurists the state practice by different
nations and the judicial decisions affirm the legal character of
international law.
• International law – A Varnishing point of Jurisprudence:
Holland’s remark that international law is the vanishing point of
jurisprudence is not valid
The vanishing point of jurisprudence means that the international law
lacks any arbiter to decide disputed questions at international level

10.Individuals are the only subjects of International law evaluate the relevancy
of the statement

Fiction Theory.

According to prof Kelsen, Leon Dequest and others individual is the basis unit of
national and international activities states have been created for the welfare of
individuals and they are only the agents of individually, state is an obstruct entity
and without the existence of individuals state cannot exists

• Majority of international agreements are concluded for the welfare

and benefit of individuals
• Under several treaties individuals are granted the right to be a party
before the proceedings of the international judicial bodies
• The treaty of Versailles:
The duties of individuals provided under international law show that
individuals are also subjects of international law under this treaty and
the polish German convention of 1922, individual claimants had occurs
to mixed arbitration tribunals.
 The Numberg and Tokyo Trials, the individual was criminal were held
liable under international law. This shows that individuals are subjects
of international law.
• The U.NO draft code includes individuals as subjects of international
law.
• The preamble of the charter of U.N.O gives individuals rights in
International Law
decisions affirm the legal character of international law therefore
International in undoubtedly a true law but it is a weak law when
compared to state law.
• The Genocide convention 1943 states that persons whether
responsible rulers, public officials or private individuals are punishable
in International law if they commit certain criminal acts.
• The European court of Human rights has no several occasions.
Enquired into the violation of human rights was when the complaint
is lodged by an individual.
• In Danzig company case tried by the permanent court of international
justice, the court held that individuals are also subjects of international
law

10.Explain the different theories relating to relationship between

international law and municipal law

• Monism or Monistic theory

• Dualism or navalistic theory

• Monism or Monistic theory

The exponents of this theory are Moses Martens Kelson, Scelle Lauterpacht and
others. According to this theory, municipal law and International law are one
and the same. These are the only branches of one system of law. The following
reasons are given in support of this.

• Municipal law and International law are parts of one universal legal
system and the two together form a single legal order. They both are
species of one genus law.
• Both international law and Municipal Law finally regulate the conduct
of individuals & relation among individuals only.
• The source of municipal law and International law are the same
• The two legal system are essentially and fundamentally identical
• Individuals lie at the root of these two legal system
• Neither Municipal law nor international law has Supremacy over each
other

2) Dualism or Dualistis Theory:

The exponents of this they are Anziloti, Trieple, Garner and others.

According to this theory municipality and international law are entirely

different. They are two District separate and self contained legal system, each
one operating within its own sphere at activity.

• Both international law and municipal law differ in their sources Law
encrusted by Legislature is the source of State Law where as treaties
and customary rules of practices are the sources of international law.
• Municipal law has got strong sanctions. International law on the other
hand has only weak sanctions.
 • State law depends on the will of the State. But international law
depends on the common will of the states.

State law is a law of subordination in the sense that it is the command of the
sovereign issue to his subjects, where as international law is a law of
coordination because it is a law created by sovereign states to bring out
cooperation among them.

12. What is State Succession ? Explain the rights and duties arising out of
succession State?

State succession means when one or more states take the place of other state
or states, right and liabilities pass on to such state or states.

State succession is analogical to a legal heir becoming the legal successor of the
deceased person and inheriting the Latter’s rights and obligation through
inheritance Oppenheim says a succession of international persons occur when
one or more international persons take the place of another international
person in consequence of certain changes in the latter’s condition

Classification

• Universal succession (theory )

• Partial Succession ( theory)
• Rights and duties arising out of succession state
• Succession to treaty rights and obligation

The case of the free zones of upper savoy and Gex

This is the leading case in State succession and doctrine of rebus sic standi bus (
Treaties)
Sardina entered into a treaty with Switzerland for certain territorial
arrangement. France captured Sardina and State succession took place. The
dispute arose as to whether French had to respect the territories arrangement

treaty between sardina and Switzerland. The permanent court of international

justice held that all treaties which create obligation relating to or for the benefit
of the territories will pass on succession. The contention of France that there
was fundamental charges in the circumstances and therefore the treaty
obligation could not be fulfilled was not accepted. Doing so, the permanent
court of international justice applied the subjective theory of rebus bio
stantibus.

2. Succession of contracted rights and obligation

• Concessionary contracts
• Non fiscal contracts
3) Public debts
4) Public property
5) Public laws
6) Private laws
7) Private property rights
8) Tortious liability
9) Nationality
10) State Employees
11) Customary rights relating to territory

12.Explain the modes of acquisition and loss of state territory

The acquisition of territory by state can be more correctly referred to as
acquisition of territorial sovereignty by an existing, state and member of the
international community over another state.

The Five (V) modes of acquiring territory have traditionally been distinguished
into cession, occupation, accretion, subjugation and prescription. Before looking
into these modes of acquisition.

1) Cession : Cession of the state territory is the transfer of

sovereignty over the territory by the owner state to another
state. Its basis lies in the intention of the concerned parties to
transfer sovereignty over the territory in question, and it resets
on the principles that the right of transferring its territory is a
fundamental attribute of the sovereignty of a state. The cession
may comprise a portion of the territory of the ending state or
totality of its territory.
2) Occupation : Occupation is a state’s intentional claim of
sovereignty over territory treated by the international
community as terna nullis or territory that does not belong to
any another state.

Article 42 of the Hague Regulations of 1907 defines occupation as Follows:

Territory is considered occupied when it is actually placed under the authority
of the hostile army. The occupation extends only to the territory where such
authority has been established and can be exercised.

Accretion: Accretion refers to the physical expansion of an Existing Territory

through the geographical process. It is the name of the increase of land due to
some new formations such information may be a modification of the existing
state territory for example, When an island rises within a river ( not
increasing the territory, only the land) or when an island ensures in the maritime
belt.

Subjugation: Subjugation is the acquisition of territory by conquest followed

by annexation. This direct mode of acquisition is often called by consequent. In
those days war was not illegal and so making of war was recognized as a
sovereign right. There is a very fine distinction between cession and
Subjugation.

Prescription: Prescription can be defined as the acquisition sovereignty over a

territory through a continuous and undisturbed exercise of sovereignty over it
during such a period as is necessary to create under the influence of historical
development the general conviction that the present condition of things is in
conformity with the international order:

Loss of State Territory : These are cession, dereliction, operation of nature.

Subjugation, prescription and there is a sixth mode is that is revolt, loss of
territory by subjugation, cession and prescription is pretty straight forward and
requires no further explanation. Its simply by the corresponding loss of territory
due to the gain of that territory by another state.

Revolt on the other hand has been accepted as a mode of losing territory to
which there is no corresponding mode of acquisition. There is no hard and fast
rule regarding the time when state which has broken off from another can be
established permanently as another state. Arevolt however seems to be more
of a political issue than a legal mode of losses of territorial sovereignty

• Dereliction as a mode of losing territory correspondent occupation.

Dereliction frees a territory form the sovereignty of the present state
possessor.
 • Loss of territory due to natural causes

11.Examine the practices of states in relation of formation of termination of

treaty?

Introduction:

A treaty is an international agreement between states or between state and

between states and international organizations. It creates some legal right and
duties between the parties.

Treaties may terminated by

• Operation of law
• Act of the state parties

The following are the types of termination of trinities as given by profs

Openliem

• Termination of treaty by expiry

• Termination by dissolution
• Voidance of treaty
• Cancellation of treaty
• Extinction of either party to be bilateral treaty
• Out break of war
Dissolution of treaty
• Natural comment
• With drawl by notice
• Rebus sic standibus
• Impossibility of performance

15. Write a note on customs

Custom begins where usage ends. The Custom is usage having the force of law

• By frequent repetition of a custom it becomes source this is called

material test.
• When there is an intention to make a custom as internationally binding
then it becomes a source this is called psychological test or opinion of
jurists

Evidence of custom:

The decision of international law courts act evidence of custom

In scotia case (1971) the supreme court of US Held that the concurrence of state
laws in due court become international customary law. In this case Scotia a
British ship collide with “Berkshere” as American ship as a result of which
Berkshere” Sank into sea. The Berkshere did not carry light as required by the
series of regulations adopted by both the countries.

In an action for damages by the USA the Supreme Court of USA held that by a
concurrence of state law, a customary law was evolved that Berkshere was the
defaulter as it did not carry lights and could not claim damages

The municipal legislation the publication of state paper the decision of municipal
courts, official documents like Moore’s digest of International law are all
evidences of International customary law.

16. Define international law and trace the development of international law:

Ancient period :

Egypt, international law seems to have existed in ancient days from the presence
of certain treaties, nationality etc., it is evident that international law existed
even among the ancient Jews also
 • In Ancient India the Dharma Shatras, Manusmrutis Kautilya’s
Arthashashtra, Ramayana and Mahbharat, revealed about the just and
unjust wars thus showing the existence a certain rules international
law during the period.

15th and 16th centuries

During the middle ages, there was little development of International law, only
in the 15th century, International law began to develop

• After the downfall of Roman Empire a numbers of states disintegrated

• The sea trade was revived during this period, so the maritime law
originate
• Trade leagues were formed to protect the trading communities.
• The industrial reissuance paved the way for the program of
international law

17th and 18th centuries:

During this period, Eminent writers systematized subject of international law

and also suggested many new rules and principles

Sir Hego Grotius Who is now considered the father of the modern international
law contributed much town as the growth of the international law

He was the first writer to give a systematic treatment of international law

Dejure belli ac pacis

In 1625 he wrote his famous book DC June Belli ac Pacis which laid the
foundations of international law.

19th Century
During this period, treaties, International conferences and International arbitral
tribunals played a vital role in the development of international law. For Eg
Albama award claim, the congress of UNO Convention of Paris, Geneva
convention Hague conference etc. death with different rules of international
law in their own spheres.

20th Century (I & II World war)

• The tendency of 19th century continued till the beginning of first world
war
• After the I world war the treaty of Versailles laid the foundation of
league of nations, permanent international court of Justice.

17.Discuss the theories as to application of international law in municipal law?

Earlier Answer Refer.

18.What is intervention? Discuss the different types of Intervention?

Intervention means an unauthorized interference in the internal affairs of

another state.

Definition:

• Hyde defines intervention as a dictatorial interference in opposition

to the will of particular state and almost always serving as a design to
impair the political independence of the state

Types of intervention

• Internal Intervention
• External Intervention
• Punitive Intervention
• Subversive Intervention
 • Military intervention
• Economic intervention
• Diplomatic intervention
• Collective intervention

19 Explain state jurisdiction according to personal and protective principles?

Personal jurisdiction may be exercised either on the basis of

• The active nationality principle.

• The passive nationality principle.
1) Active nationality Principle:

According to the principle, the state claims jurisdiction if the person on

whom the jurisdiction is to be exercised in the national of the state. For
example the Indian Penal Code is applicable to all the citizens of India.

2)Passive nationality principle:

According to this principle Jurisdiction in exercised by a state if the

victim of the wrong happens to be its national. Jurisdiction can be
exercised only when the other state regulates to punish the person
Cutting case:
Mr Cutting an American citizen published a libel (Written defamation)
against a Mexican National in a news paper published in Texas, USA.
When cutting casually visited Mexico city, he was arrested by Mexican
police on the charge of criminal libel. The US Government protested
stating that Mexican criminal procedure code was diffective and did not
facilitate real justice. The offence was committed in Texas and Mexican
court had not jurisdiction.
The international court of justice held that the Mexican court had no
jurisdiction and there fore ordered for the release of Mr. Cutting.
Jurisdiction according to the protective principles:
A state can exercise jurisdiction over crimes against its security and
integrity or its vital economic interest. This right of the states is known as
the jurisdiction according to the protective principle

20) What is High seas? State the freedom available to a state on the
High Seas?
Introduction:
Oppenheim defines open sea as a continuous belt of salt water all over
the greatest part of the globe with the exception of maritime water,
territorial straits gulfs, bays which are parts of the sea but not parts of the
opens sea that are not included in the territorial sea or in the internal
waters of a state
• The open sea is not under the sovereignty of any state.
• No state can exercise jurisdiction, administration legislation public
power on the open sea
• A State cannot acquire possession of open sea through occupation
• There is absolute freedom of navigation on the open through
occupation
• There is absolute freedom of navigation on the open sea for all nations
• A state should not exercise jurisdiction over ship in the open sea not
bearing its flag.
• A state can exercise jurisdiction over a ship sailing under its flag
• The air space above the open seas is absolutely free for flight or air
ways.
 • Every state and its citizens are entitled to lay submarine cables and oil
pipe lines in the open sea
• Every state has the right of fishing but subject to reasonable restriction
• The high seas shall be reserved for peaceful purposes
• Freedom of fishing
• Freedom to construct artificial islands and other installations
permitted under international law.
• Freedom of scientific research

2 1) Write a note on Extradition?

Introduction:

Extradition means the surrender by one state to another state at its request, a
person accused of or convicted of certain kind of criminal offence. An individual
after community a crime in a state may run to another state in order to escape
prosecution by the state where he committed the crimes. The escape of an
offender may thus frustrate the effort of a state of punish the offender.

Extradition is useful for the following 2 reason

1) Serious crimes do not got unpunished ( Must be punished)

2) Requisitioning state can have better evidence to punish the individual

Procedure for extradition:

• A request for surrender of the offender is made to the state of refuse

through the diplomatic charnels
• On receipt of the request the state of refuse arrange the arrest of the
offender through the order by the local police / magistrate
 • The Magistrate heavy the case of the requisitioning state and the
suspected offender and if a prime facie case is made out against the
offender, then he commits the offender to prison.
• The offender in the mean time, may go for the writ of Habeus corpus
• After all the proceedings if a prime facie case is established the
extradition proceedings begin

Condition for extradition

• The must be an Extraditable person

• There must be an Extradition crime

21.Write a note on microstates and condominium ?

A micro state is a state very small in area, population and human and economic
sources. However, it is an independence at state and enjoys international
personality. To get membership in U.N.O it should have the ability to carry out
the obligation contained the U.N Character so generally it cannot become a
member of U.N.O but is entitled to the following benefits.

• To be a party before the international court of justice

• To participate in the U.N Regional Economic commission
• To participate in specialized agencies. The states have power to enter
into international treating with other states and can attend diplomatic
conference . The example for micro state is NARU with area of 8.25
sq. miles
• Rights and duties of states
1) Right of Independence
2) Right to territorial supremacy
3) Right to self determination
 4) Right to Equality
5) Right to self-defense

Duties:

1) Duty of non intervention.

2) Duty of refrain from inciting civil disturbance in another state
3) Duty to ensure that its territory does not become impediment to world
peace.
4) Duty to settle its disputes with other states peaceful means.
5) Duty not to assist a state against which the unit nations is taking
preventive or enforcement action
6) Duty to ensure human rights and fundamental freedom to all individual
found within the state.

Condominium:

It exists when two or more External powers exercise joint dominion over a
particular territory. Here there is a common role by two or more stated Eg. The
state of new hybrids, Sudan under great Britain over zones. In case there are
separate zones, then each zone is divided into separate parts and over each the
parts separate states exercise their authority

23. Explain the difference between municipal law & International law:

• International law is largely but not altogether concerned with relation

among states
Where as municipal law contracts relations between individuals within
a state and between individuals and the state
• International law, or the other hand, regulates relations between the
member states of the family of Nations.
 Municipal law regulatory resolution between the individuals under
the way of the respective state and the relations between this state
and the respective individual relations between this state and the
respective individual.
• Law of nation is a law not above, but between some states.
Where as municipal law is a law of a sovereign over individuals
subjected to his way

Theories

1) Monism 2) Dualism 3) Specific adoption theory 4) Transformation

theory 5) Delegation thereby.

24)A state exercising jurisdiction over property person acts and events
occurring within its territory examine the Exception to this rule

Introduction:

State jurisdiction concerns both international law & internal law of a State each
state has normally jurisdiction over all person and things within its territory.

The state has jurisdiction over property, persons acts or events. The general
principles of international law regarding state jurisdiction in that, unless
prohibited by international law a State can Exercise jurisdiction is that, unless
prohibited by international law a state can exercise jurisdiction without any
limitation as all person and things within the territory of a state fall under its
territorial supremacy each of state has jurisdiction over them.

Exception:

Under international law the following entities are exempted to a certain

extent from the territorial jurisdiction of a state
 1) Foreign states and heads of foreign states
2) Public property of sovereign foreign states
3) Diplomatic representatives of foreign states
4) Public ships of foreign states
5) Armed forces of foreign states
6) International institution
7) Extraction treaties.

25) Discuss the Jurisdiction of maritime state over coastal waters?

Introduction:

The maritime belt comprises a belt coastal waters to a which of at least miles
measuring from the low water mark or other selected base lines

The powerful maritime states support a three miles on the maritime belt
whereas the other states like Norway, sweater, Spain, Portugal claim that the
range of the maritime belt must be much wider

The two principles which emerged from the international conference at

Geneva

• The maximum width of a maritime belt must be twelve miles

• The maximum width of a maritime belt must be three miles

The characteristics of the maritime belt:

• The territorial state is the Supreme authority within the belt it has
sovereign jurisdiction over it
• The merchant ships of foreign states have the right of innocent
passages in the maritime belt
 • Even the foreign warships have a right of innocent passages through
the maritime belt in time of peace.
• The littoral state may reserve interaction between two parts of the
same country
• It may reserve the fisheries within the belt for its own subjects
• There is controversy regarding the basis on which the base line of the
coast must be drawn. There were two views
• The first is that the base line must necessarily be a line running across
the indented coast
• The other view is that the base line need not be a line running across
the indented coast.
• The other view is that the base line need not be drawn parallel to the
low water mark on the coast but it must follow the general direction
of the shore.

26.Explain the various steps in conclusion of an International treaty?

• Creation of international institutions or mechanisms to enforce

international law
• Enlarging and institutionalizing the university of human rights is one of
the most important has made by international treaties
• Treaties create obligation for the parties then the moral prospective
they generate for community of states and people as well is
tremendous.
• Treaty means 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 and
whatever its particular designation.
 • They serve to satisfy a fundamental need of states to regulate by
consent issues of common concern and then to bring stability in to
their mutual reasons. Conclusion stages in International treaties
• Termination of treaty by expiry
• Termination by dissolution
• Voidance of treaty
• Cancellation of treaty
• Extinction of either party to a bilateral treaty

Various steps

• The negotiation for multilateral treaties the authorization to negotiate

also called credential are required.
• The signing
• Parliamentary approval
• The ratification
• Publication and registration

27) Write a note on Dualism and pacts scent Servande

Introduction:

According to this theory Municipal law and International law are entirely
different. They are two District Separate & self contained legal system each
one operating within its an sphere of activity.

• Both international law & Municipal Law differ in their sources. Law
enacted by legislature in the source of state law whereas treats and
customary rules of practices are the sources of international law.
 • Municipal law deals with the relation between persons. But
international law deals with the relation between the subjects of
International law such as states and international organizations.
• Municipal law has got strong sanctions. International Law on the other
hand has only weak sanctions.
• State law depends on the will of the state. But international law
depends on the common will of the states .
• State law is law of subordination in the seas that it is the command of
the sovereign issued to his subjects, where as international law in a law
of coordination because it is a law created by sovereign states to bring
about co operation among them

Patta Scent servande (Binding force of treating )

Pacta scent servande the binding force of International trendy is on account of

the fundamental principle known as Pacta scent servande

According to this principles, states are bound to fulfill, in good faith, the
obligation assumed by them under treaties.

Pacta scent servande means the principle of good faith of treaties and if is the
basis of the present international law. The very binding character of
international law depends on this doctrine.

In various international agreements Eg. The league covenant and the U.N
Charter this doctrine has been expressly incorporated

According to this principle, consensual agreements between states must be

interrupted applied and complied with in good faith.
 • A treaty which does not provide for withdrawal suspension and
termination should be full filled.
• The principle of sanctity of contracts is an Essential conditions of life of
any social community.
• No economic relation between states and foreign corporations can
exist without the principle of Pacta scent servande
• The Principle of Pacta scent servande has also been incorporated in
the Vienna convention on the law of treating 1969

28.Write a note on calvo cause ?

This is named after the Agentinean Jurist Sir Calvo: it means renouncing the
assistance and protection of their home state by citizens living in another state
in matters concerning a particular concessional contract.

For Ex : the foreign companies holding concession in central and south American
states renounced the protection and assistance of their governments. All
disputes arising out of the contract would be settled according to the law of the
country granting the concession.

So all legal disputes arising out to the contract shall be referred to the Municipal
courts of the state granting the concession .

The present position of International law regarding Calvo Cause is as follows:

• The sovereign right of states to protect their citizen abroad is

recognized & citizens cannot waive these rights.
• As regards the terms of the contract, the jurisdiction of the local courts
are final and absolute and it is valid and binding

30) Duties and rights of states are only the duties and rights of men who
compose them discuss?
Several jurists have favored the concept that states have certain fundamental
rights and duties. The draft declaration of 1949 prepared by the international
law commissioner of united national has also set out the primary rights and
duties of states.

There are 4 types of rights

• Right of Independence ( Sovereignty of states)

• Right to territorial supremacy
• Right to self determination
• Right to equality
• Right to self defense
• Duties of states:
1) Duty of non intervention
2) Duty of refrain from inciting civil disturbance another state
3) Duty to ensure that its territory does not become impeding to
world peace
4) Duty to settle its disputes with other states peaceful manner
5) Duty not to assist a state against which the united nations is taking
preventive or enforcement action.

31.State the general principles of law recognized by civilized nation as source

of international law with decided cases

Introduction:

The principles of roman law, Greek law, modern European law, American law,
Hindu Law, Mohammedan Law, Chinees law, African Law, Buddhist law etc. are
all the basis of the general principles of law recognize by civilized nations. These
municipal laws are far more developed then International law and therefore
could act as a reserve store to borrow principles of law

• Natural law and Natural justice

• Principles of comparative law
• Principle of International law
• Principles of justice and Equity
• General legal concepts
• General theories of law
• Private law

Case Laws

1. In the temple of prah vihaar case, 1962

The principle of estoppel was applied by international court justice.
2. In Chorzew Factory case , 1928,
The principle of res judicata was extended to international law
3. In corfee channel case 1949
The elementary consideration of humanity was applied

32.Explain the responsibilities of a state for international delinquencies?

International delinquencies means responsibility of a state for the wrongs

committed by its officials or private citizen in international law

• Wrongs committed by state

• Wrongs committed by the officials of the state
• Doctrine of importability
• Wrong committed by armed forces
• Wrong committed by Judiciary
• Wrong committed by private citizen
 • State responsibility and the fault theory
• Consequences of state responsibility
• Calvo cause

33) Define recognization ? Discuss the legal effects of recognition ?

Introduction:

Fenwick defines “Recognition” as a formal acknowledgment by the Existing

members of an international community of the international personality of a
state of political group not maintaining official reasons with it

Recognition covers several factual situations, which call for acknowledgment by

other states. International law does not provide for any official machinery for
taking a decision in this regard.

So way other state her the right to decide for itself whether to recognize a state
or not. If is a prerogative right of other states and it is a question of policy than
law. It depends on the willingness of other states to recognize or not

Recognition is more a state practice then a local provision when a new state is
admitted, as member of U.N in accordance with Article 4 of the charter. The
admitted new member is deemed to have been recognized as a member state
of world community by all members of the U.N

Theories of recognition

1) Constructive theory or cognitive theory

2) Declaratory theory or Evidentiary theory

Legal Effects of recognition

In International law
 • The recognized state becomes an international personality and it
carries all the privileges of member of international community
• The state acquires the capacity to enter into diplomatic relations with
other States.
• The treating between recognized and recognizing states automatically
come into force

In Municipal Law

• It acquires the right to sue in the courts of recognizing states

• The legislative and Executive acts of recognized state are given effect
to in the courts of the recognizing state.
• The representative of the recognized state acquire immunity from
legal process in the recognizing state.
• The diplomatic relationship commence on only recognition.
• The recognized state is entitled to receive possession of properties
situated in the recognizing state.
• The act of recognition has to retrospective effect and as such
recognition relates back to the date of inception of independence of
the state concerned. So the rights to the State also acquire
retrospective.

34. Point out the nature and rights of costal states over adjoining maritime
waters?

Nature :

• The territorial state is the Supreme Authority within the bell it has
sovereign Jurisdiction over it
 • The Merchant ships of foreign states have the right of innocent
passages in the maritime belt
• Even the foreign worships have a right of innocent passage through
the maritime belt in time of peace
• The littoral state may reserve interaction between two parts of the
same country
• It may reserve the fisheries within the belt for its own subjects.

Rights:

• There is sovereign rights for Exploring & Exploiting conserving &

Managing the natural resources and for the Economic Exploitation and
Exploration of the Zone.
• The Establishment and use of artificial is lands installation and
structures
• Marine Scientific research
• The protection and Preservation of the marine Environment
• Costal state can impose penalties for violation of fisheries
• In case of arrest for detention of foreign ranch the coastal state must
promptly notify the flag state about the arrest or detention.
• The coastal state can explore, exploit conserve and manage the living
resources in the maritime waters

35. Explain the purpose and Principles of united nations organization :

Purposes:

• To maintain international peace & Security

• To develop friendly relationship amongst nation based on respect for
the principle of equal rights.
 • To achieve international co-operation in solving international
problems of economic, social cultural of humanitarian charter and in
promoting and encouraging respect for human rights and or
fundamental freedoms
• To achieve all these common ends the UN intends to be a center for
harmonizing the action of the nations
• To ensure that armed forces shall not be used except in the common
interest.
• To employ international machinery for the promotion of economic and
social advancement of all the people.
• To save the succeeding the generation from the scourge of war.

Principles :

• The sovereign equality of all the members of organizer on

• The members are under duties of peaceful settlement and of
participation in the system of collative security and of the enforcement
of the peace
• The members have mutual benefits and obligation under the character
• The organization can intervene in the actions of the non members
states to the extent it is necessary for the maintenance of international
pence and security.
• Matters of domestic jurisdiction are excluded from the sphere of
intervention by the united nations.

36.Write a note on implied recognition

Express recognition by an oral or written declaration clearly announcing the

intention of recognition. Implied recognition takes place by the conduct of a
state towards the new state. It is inferred from circumstances. For and bilateral
treating between the recognizing state and a new state or initiation of
diplomatic relation between these states.

Implied recognition occurs through such action as sending and receiving

diplomatic agents and establishing bilateral relations.

37. Define state? State the different kinds of State?

Introduction:

States are considered as the first subjects of international laws and they possess
rights and duties under international law. For the purpose of international law a
state is defined as a society of men occupying a territory and the members re
bound together by the tie of common object under a government. It has
capacity to enter into relations with other states and other entities.

Qualification of state

• Population
• Territory
• Government
• Capacity to enter into relation with other states

Kinds of state

1) Confederation
It is a union of a number of independent sovereign states linked together
by an agreement
2) Federation
A Federal state is a perpetual union of several states which have
governments of its own
3) Condominium
 It exists when 2 or more external powers exercise joint dominion over a
particular territory. Here there is a common rule by two or more states
4) Common wealth of nations :
It is an association of free and equal states. The common wealth of nations
by itself is neither a state nor federation in international law.
5. Mandate and trust territories
The basic object of trusteeship system is to advance the people of such
areas towards self government or independence
6. Vassal State
Vassal states arose due to the fended relationship which existed in
Europe. The protecting power enjoyed full international personality and
the Vassal state had only limited personality
7. Protectorate
8. Neutralized state:

Stark defines neutralized state as a state whose independence and political and
territorial integrity and guaranteed permanently by a collective agreement of
great power

9.Micro state : A Micro state is a state very small in area, population and human
and economic sources

38) What is Asylum? Explain the different types of Asylum?

Introduction:

The term “ asylum” means an alien seeking refers in the territory of another
state in foreign legislations or in consulates or on board foreign ship in order to
escape political prosecution at the hands of the local authorities of his home
state.
The institute of international law has defined asylum a the protection which a
state grants on its territory or in some of her place under the control of certain
of its territory or in some of her place under the control of certain of its organs
to a person who comes to seek it.

According to strake asylum involves the following 2 elements

1) A shelter which is more than a temporary refuse and

2) A Degree of active protection on the part of the authority who have
control over the territory of asylum.

Two types

• Territorial Asylum
• Extra Territorial Asylum

Territorial asylum

This is the normal or ordinary method of giving asylum by a State. This power
to grant a territorial asylum is part of territorial sovereignty. The right to grant
asylum in the right of the state only. But the offender cannot seek. This right as
his personal right. The convention on Territorial Asylum 1945 provides. Every
sovereign state has aright to admit into its territory such person as if deem
advisable without giving rise to complaint by any other state

Extra territorial Asylum:

When a state given asylum to an offender outside its territory then it is called
Extra territorial asylum. This type of asylum is given only under exceptional
circumstances.

• Asylum in legislation or Diplomatic Asylum

• Asylum in consultants
 • Asylum in International institution
• Asylum in warship
• Asylum in Merchant vessels

39. Write a note on consult and territorial sea

Consult are the diplomatic agents. They protect the commercial interest of their
country and they perform a number of duties like granting of passports.,
solemnity of marriages acting like notaries etc.

There can be many number of consider appointed in a state depending on the

nature of the commercial interest to be protected

Function of consent

• They protect commercial interest of their state

• They supervise and look after the shipping etc. of their country
• They also look after the interests of their citizens and assist them in
court cases and also for getting passport etc.
• They also perform certain other functions for the citizens of their
states, such as to testify signature registration of marriages, births,
deaths etc.

Territorial sea ( Maritime belt)

The Maritime belt comprises a belt coastal waters to a which of at least three
miles measuring from the low water mark or other selected base links

The Characteristics

1) The territorial state is the Supreme Authority within the belt it has
sovereign jurisdiction over it
 2) The merchant ships of foreign states have the right of innocent
passages in the maritime belt.
3) Even the foreign warships have a right of innocent passage through
the maritime beet in time of peace
4) The littoral state may reserve interruption between two parts of the
same country
5) It may reserve the fisheries within the belt for its own subjects

40) what is nationality & Explain the international importance of nationality ?

Introduction:

Nationality is continuum relationship between the sovereign state and the

citizen. The relationship involves right and corresponding duties upon both the
citizen and the state

Fenwick defines nationality as the bond

• Which unites a person to a given state

• Which constitutes his membership in that particular state
• Which gives him a claim to the protection of that state
• Which subjects him to the obligation created by the laws of that state

• Acquisition by nationality
• By birth
• By naturalization
• By marriage
• By legitimating
• By official grant
• By conquest on cession
International importance of nationality

• The right of protection diplomatic representatives are available

because of nationality
• Ordinary states do not refuse to accept its nationals in extradition
• One of the effects of the nationality is that the state has a right to
refuse extradition of own national
• By the practice of many states at the time of war the enemy character
is determined on the basis of nationality.
• The right to diplomatic protection abroad is due to nationality
• The responsibility of the state arises for its failure to prevent certain
wrongful acts committed by its national
• It is the duty of a state to receive but its own nationals to its territory
• A state has a general right to refuse to extradite its own national
• It is the duty of a state to receive back its own nationals to its territory
• A state has a general right to refuse to extradite its own national
• Enemy states in times of war is determined by the nationality of the
person
• State exercise jurisdiction on the basis of nationality

41. Define the term of treaty? Explain the termination of treaties

Earlier Answer

42. Explain the functions and powers of Security council?

* Power and function regarding pacific settlement of disputes

* Power and functions regarding action with respect to threat to the peace,
breaches of the peace and acts of aggression

* The executive powers regarding the working of the united nations as a whole
* The maintain international peace and security in accordance with the
principles and purpose of the united nations

* Investigates any dispute or situation which might lend to international friction

* Recommends methods of adjusting such dispute or the term of settlement

Formulary plans for the establishment of a system to regulate armaments

* Determines the existence of a threat to the peace or act of aggression and to

recommend what action should be taken

* Call on members to apply economic sanctions and other measures not

involving the use of force to prevent or stop aggressions

* Take military action against an aggressor

* Recommends the admission of new members

* Recommend to the general assembly the appointment of the secretary general

and together with the assembly to elect the judges of the international court of
justice

43. Write a note on exclusive economics zone & principle involved in the lotus?

Introduction:

Article 55 of the U.N Conference on the law of the sea 1982 provides that the
exclusive economic zone is an area beyond and adjacent to the territorial sea/
territorial waters of a coastal state. This area is subject to the specific legal
reamed of the coastal state and also freedom of other states

Article 56 deals with the rights, jurisdiction and duties and a coastal state in
the Exclusive economic zone

Rights, Jurisdiction, duties of the coastal states

There is sovereign rights for exploring and exploiting conserving and managing
the natural resources and for the economic exploitation and exploration of the
zone

• The jurisdiction of the coastal states extends to

• The establishment and use of artificial islands installation and
structures
• Marine scientific research
• The protection and prevention of the marine environment

The Lotus principle:

• A state cannot exercise its jurisdiction outside its territory unless as

international treaty or unto many law permits it to do so. This is what
we called the first principal of the lotus case.
• Within its territory, a state may exercise its jurisdiction in any matter.
Even if there is no specific rule of international law permitting it to do
so.

In these instances, states have a wide measures of discretion which is only

limited by the prohibitive rules of international law

44. Discuss the consequences of state succession ?

The consequences of state succession is one of the most disputed areas of

international law. There are reviews.

• The first view is that state succession never take place because the
rights and duties of a state disappear with the predecessor state and
does not devolve to successor state.
• The second view is that in a succession of a state devolution of rights
and duties clearly take place.
 • Succession to treaty rights and obligations

The case of the free zone’s of upper savoy and Gex:

This is the leading case in state succession and doctrine of Rebus sic Sandibus
(Treaties)

• Succession to contractual rights and obligations

• Concessionary contracts
• Non final contracts
• Public debts
• Public property
• Public laws
• Private laws
• Private property rights
• Tortious liability
• Nationality
• State employees
• Customary rights relating to territory

45.Define territorial sovereignty state the exceptions to territorial sovereignty

The theorical discussion surrounding the concept of effective and its definition
she has effectiveness lies at the case of the existential and fundamental
questions of law of nation that of territorial sovereignty. Whose understanding
is crucial to a correct conceptualization and analysis of unlawful territorial
situations. Territories sovereignty normally does not a political and legal
expression which designates a relationship of power, supremacy or
independence between an actor, the state, and an object the territory
The sovereignty of a state is confined to a defined piece of territories which is
subject to the exclusive jurisdiction of the state and is protected by international
law from violation by other states. It is inherent in state hood that there should
be a core territory that is subject to the effective control of the authority of the
state

Exceptions

• Diplomatic agents
• Foreign embassies
• Foreign sovereigns .

BY

ANIL KUMAR K T LLB COACH