ITTA LLB

PUBLIC
INTERNATIONAL LAW
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW
UNIVERSITY AS PER NEW SYLLABUS
MOST IMPORTANT PREVIOUS YEAR QUESTIONS UNIT
WISE ALONG WITH ANSWERS

EDtTtON-t ( YEAR 2023 &20241

BY

ANIL KUMAR K T, BA, tLB, MSW & LLM.

Mob:9584415446
 Karnataka State law University 3 and 5 Years LLB.

ANIL KUMAR K T LLB COACH

Public lnternational Law
Most important previous year questions Un t wise
UNIT.I
l,Analse the various source of international law according to i tatute of lCJ.

2.Write a note on basis of lnternatlonal law

3.Explain the sources of lnternational law.

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

5.Explain the different theories relating to relationship between international

law and municipal law,

6.Define international law and trace the development of international law.

T,Explain the difference between municipal law and international law.

8.State the general principles of law recognized by civilized nations as source of

lnternational law with decided cases,
UNIT.II

9.What is recognition? Explain Dejura & Defacto recognition?

1o.Write a note on theories relating to recognition. .

ll.lndividuals are the only subjects of international law evaluate the relevancy
of the statement?
12.Write a note on defacto and implied recognition recotnition.
13.Write a note on dualism
14.Define recognition. Discuss the legal effects of recognition.
15.Define territorial sovereignty? State the exceptions to territorial
sovereignty?

16.Write a note on Temple of preahvihar case.

uNtT.ilt
lT.Discuss the limitations of territorial jurisdiction.
18.What is continental shelf? Explain the rights available to coastal state in
continental shelf?

19.What is high seas? State the freedoms available to a state on high seas?

20,A state exercises jurisdiction over property, person, acts and events
occurring within its territory examine the exceptions to this rule?
21.Duties and rights of states are only the duties and rights of men who
compose them. Discusg

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

23.Write a note on exclusive economic zone.
24.Explain the principle involved in Lotus case.

UNIT-IV

25.Explain the rights and privileges of diplomatic envy's.

26,Examine the practices of states in relation to formation of termination of

treaty,
27,Write a note on Nottebhom's case,
28.Write a note on Extradition.
29.What is intervention? Discuss the different types of intervention?
30.Write.a note on Pact scent Servande.
31.What is Asylum? Explain the different types of Asylum?

32.What is nationality? Explain the international importance of nationality.

UNIT.V

33. Explain the composition and jurisdiction of international court of justice?

34,Explain the pr..lrpose and prlnclples of unlted natlons organlzatlon,
3S,Explain the functions and powers of security council,

36.Write a note Calvo clause.

3T,Discuss the structure and functions of general assembly.

38,Explain the main features of lnternational labour organisation.

39.Write a note on WTO.

4o.Write a note on Veto power.

Problem related questions,

4l.State'A' clalms sovereignty over en island on the ground that it has
discovered the same, but state 'A' has no effective soyereignty on the island,
State 'B'also claims sovereignty island on the ground that it has effective
control and sovereignty over the island for last three hundred years. Which
state has sovereignty over the island.

42.The kin8 of state 'A' during his stay in 'B' promised to marry Miss 'M'
subsequently the promise was not fulfilled. Miss 'M'files a case in state'8'for
breach of promise. Decide.
43.'X' a member of banned organization in state a' kills a minister of state 'Y'
and flees to state 'Y' kills minister of state 'Z'. State 'Y' demands his extradition.
'X'pleads, he is a political offender. Decide.
44.The prlnce of state 'A' durlnt hls stay ln state 'b' promlses to marry a lady,
Subsequently, he refuses to marry her. She wants to flle a sult agalnst hlm in
state'B'. Advice her.
45,State'X'get'A'extradited from state 'Y'on the ground that he had filed to
'Y' after murdering a fellow servant in a ship belonging to 'X'. ln 'X', 'A' is tried
not for murder but for causing grievous hurt to a fellow servant. ls 'X's act
justifiable. Decide.

BY

ANII KUMAR K T LLB COACH

 UNIT-I
l.Analse the various source of international law accordins to statute of lCJ,

lntroduction

lnternational la\{v in general was systematically developed for the promulgation

of lnternatlonal'humanltarlan law post World War ll, lt ls a system of rules,
norms, and starldards that apply between soverelgn states and lnternatlonal
actors. There arp marked differences between international law and domes c
law. For international law, the lawmakers are of a collective nature, that is,
states and international organizations, whereas the lawmakers of national law
are individuals; selected through democratic process or otherwise. National
law is primarily legislative, whereas international law enjoys a plurality of
equivalent sources. Finally, international law is both vertically and horizontally
pluralistic, the former referring to the lack of hierarchy among legal sources,
and the latter is with reference to how differqnt it is in different legal regimes.
Contrastingly, national law enjoys both centralization and a hierarchy among
sources,

'Source of law' can be defined as facts or events that lead to the creation,
modlfication, and annulment of valid legal norms. With regarded to
international law, they may be described as 'the categories of rules of
international law that are regarded as legally valid and binding.'They define
the rules of the system; new rules are accepted as a part of international law
when they are attested by one or more sources of international law. ln simpler
terms, it is a definite method of determining what the law is.

The generally uncontested and formally accepted international law sources are
as listed under Article 38 of the ICJ statute. The four sources of international
law listed are,

1. lnternatlonal treatles,
2. lnternational customs,
3. General principles and
4. Judicial decisions

AlthouBh, it is up to the states themselves to decide what actually constitutes

international law. Further, as mentioned previously, there is no hierarchy
among the listed sources, but sometimes, written obligations like treaties and
judicial decisions are privileBed over unwritten obligations like customs and
general principles, mostly for evidentiary reasons. There is a distinction to be
made between formal and material sources of law, Formal sources are the
methods for the creation of rules of general application which are binding on
their addressee. Material sources act as evidence for the existence of a
rule. Peremptory norms of international law (jus cogens) may in principle, be
considered to be placed higher than other norms, with reference to Art, 53 of
the Vienna Convention on the Law of Treaties and Art. 50 of the Inteinational
Law Commission's Articles on the Responsibility of States for lnternationally
Wrongful Acts, althouBh it is currently a debatable position,

Sources of international law

1. lnternational treaties

Under Para 1of Article 38 of ICJ , international treaties were defined as

being general or particular, establishing rules recognised by the contestinB
States Parties to a dispute before the Court. They are written bilateral or
multilateral treaties between states or international organisations, ranging
from agreements, conventions, protocols to covenants. Treaties are the most
important source of obligation in international law. Bilateral treaties may
provide evidence of customary rules. lnternational treaties are drafted and
adopted with the consent of participating parties. lt's effect and significance is
usually expressed ln the prlnclple 'Pacta sunt servanda' (agreements must be
kept). The treatles are blnding, and oblitations must be performed in good
faith. The obligations created under treaties can be sald to be quasi-
contractual.

Many treaties like UNCL05 (Law of the Sea Convention) and human rights
conventions, have almost universal participation, hente their charactJr can be
described as being more normative. lt has been suggested that treaties are to
be understood as a source of obligation, and the rule of law concerning them is
simply that the basic principles of the treaties have to be followed. There is a
distinction to be made with regard to 'law-making treaties' and other treaties,
the former creates logical obligations which cannot be discharged by following
It once. As opposed to treatles for the joint carrylnS out of a single enterprise,
which will be discharged once fulfilled. Law-making treaties are framed as legal
propositions, they create general norms to govern the conduct of
parties. Examples include the Geneva Conventions (1949), Hague
Conventions(1899 & 1907), the Genocide Convention (1948) etc.
2, Customarv international law

Under Article 38, customary international law is rargarded as evidence of a

general practicq accepted as law, or put another way, ,it is the
teneralization
of the practice of states', lt is a series of unwritten rules through which states
conduct their relations with each other; customary law helped in the
constitution of international law before the advent of the United
Natlons. These tules are created by or can be lnferred from the practlce of
states. Practlces carried out of courtesy cannot be clalmed to be legal
requirements. The particular rules of comity that are maintained without
reservation, tend to develop lnto customary law.

The distinction between customary law and treaty laws is that the former is
binding on all states without exception, whereas treaties are applicable only to
those who are party to it. However, the question remains, what exactly
constitutes 'state practice'. This refers to sufficient instances of consistent
following of an alleged custom, backed by 'opinio juris sive necessitates, (an
opinion of law or necessity). The elements of custom are:

1) Duratlon and conslstency of practlce- the requlrement ls of substan al

uniformity; complete uniformity ls not necessitated. No partlcular duration ls
necessary once generality and consistency of practice are established.

2) Generality of practice- this deals with the difficulty in distinguishing

between mere abstention from protest by states in the face of practice
followed by others. Silence could mean agreement, but it could also be a
denotation of a lack of interest.

3) Opiono juris slve necessitatis (the psychological factor)-this is a

contentious element, as some writers do not consider it an apt requirement
for custom, though it is conceded that something akin to it is necessary.

3. General principles

Described by Article 38 as the general principles of law recognised by civilized

nations. These are the principles embedded in a legal system that are used to
make sense of the different legal rules, with re8ards to their interpretation,
application, how they relate to one another etc. lnternational courts regard
them as either interpretative tools, or autonomous sources of concrete
obligations. As per Dworkin, Iaws are not made of rules alone, they also
contain principles, which are not specific to cases nor automatic in their
operation, they may even conflict with each other. The existence of these
principles are necessary because laws cannot be made to cover every possible
situation, principles will thus act as a higher authority in such instances,
According to Oppenhelm,

General principles are formulated abstractly, and are wide ranging, they are
used as a guide to interpret treaties and resolve conflicts between
them. Examplesofgeneral principles include the doctrines of good faith,
equity, acquiescence, and estoppel.

4..ludicial decisions

These are considered auxiliary or ancillary sources, lt includes judicial decisions

and teachings of the most highly qualified publicists of the various nations, as a
subsidiary means for the determination of rules of law, subject to the
provlslons of Artlcle 59 of the Statute (The decision of the Court has no bindlng
force except between the parties and in respect of that particular case). They
formally serve as means for the determination of legal rights and obligations.
They are given weight because international courts apply international law,
hence, their judgements loBically indicate the existence of international law on
given points. Further, judgements aid in the development of international law
and may be the starting point of new customary laws in this regard.

Some othernaterial sources of lnternational law include conclusions of

international conferences, resolutions of the General Assembly, the teachings
of eminent publicists, codification, and the work of the international law
commission. Notions of equity, humanlty and 'legltimate lnterests' are also
consideratlons applicable to judlcial reasoning.

Conclusion

The sources of lnternational law are what intimate its existence and give it its
legitimacy. The four generally accepted sources of internatiortal law are
lnternationaltreaties, lnternational customs, General principles, and Judicial
decisions, With regards to international treaties, they are the most important
source of international law. They are obligations created through an
agreement of mutual consent, like covenants, protocols etc. Some treaties
have a normatlve character and can prescrlbe the conduct of partles; treatles
may also act as evldence for the exlstence of certaln customary rules.
Secondly, international customs, they are determined by state practice that ls
general and consistent, backed by 'opinio juris sive decessitates,. They give the
international law system some amount of structure and centralization. General
principles are principles of law recognised by civil societies. tt allows judges to
make use of private law in their judicial determinations. They are wide and
abstract; they can be used as interpretive tools or as distinct sources of legal
obligations in themselves. Finally, judicial decisions act as ancillary sources,
they evidence the existence of international law on certain given points. They
may also lead to the creation of new international customary laws. They are
ancillary sources because international courts do not follow the doctrine of
precedents, in that, they are only bindint on the parties to the dispute.
Regardless, they are an indlspensable source of expert oplnlon and legal
reasoning. Altogether these sources of law are the primary references used to
determine the content of international law, and the different obligations that
arise under it.

2,Write a note on basis of lnternational law.

lntroduction

There are 7 theories regarding the basis of lnternational Law

l.Natural Law Theory '

2. Positive Law Theory

3. Grotian Theory

4. Consent Theory

5. Auto Limitation Theory

6. Pacta Sunt Servanda

7. Theory of Fundamental Rights

Natural Law Thtorv

:

1. Jurists ofthis School are known as Naturalists.

2. They opined that lnternational Law is a part of Law of Nature (Hig her Law,
IVloral Law, Law based on Reason, Universal Law, etc),
3. They denied the existence of any Positive lnternational Law {man made law).
4. Some renowned naturalists were Pufendorf, Thomasius, Rutherfo rd and
H utcheson,

Positive Law Theorv

1. Jurists of this school are known as Positivists.

2. They opined that lnternaiional Law is the outcome of Customs and
lnternationalTreaties (posltlve law) and not of Natural Law.
3. Some renowned positivists were Brierly, Von Martens, JG Starke and
Bynkershoek.

Grotian Theorv of Basis of lnternational Law

1. Grotians have adopted a middle path between Naturalists and Positivists.

2. They opine that lnternational Law is the outcome of Law of Nature as well as
customs and treaties.
3, Some renowned Grotians were Christian Wolff and ED Vettel.

Consent Theorv of Basis of lnternational Law

l' Supported by Anzilotti, Triepel and Oppenheim.

2, As per thls theory/ consent of States is the basls of lnternational Law, States
follow lnternational Law because they have consented to do so.

Auto Limitation Theorv of Basis of lnternational Law

.Supported by Anzilotti, Triepel and 0ppenheim.

.As per this theory, the consent of States is the basis of lnter-national Law,
States follow lnternational Law because they have consented to do so.

Pacta Sunt servanda

1. Supported by Anzilotti. lt means that agreements entered into by States will

be respected and followed by them in good faith.
2. This principle is expressly mentioned in Article 26 of the Vienna Convention
on the Law of Treaties, 1969.
 Theory of Fundamental Rishts

1. Based upon a naturalistic viewpoint.

2. Beforetheorigin of State, man lived in natural State.
3. Even in that State he possessed some basic fundamental rights like rlghtto
equality, self preservation, independence, etc.
4, Llke human belnEs, States also pbssess these fundamental rights.
lnternatlonal Law ls an lnstrument to protect these rlghts of th€ States,

Refer Q.No.1

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

i

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

. lnternational 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. lt comprises of only rules of positive morality.
Even durin8 the time of Hego Grotious lnternational law was termed
as "No reality out side on empty name.
lnternational Law A Law
The leaders ofthis school are strake, Oppenniem, Hall, Lawrance, Polis
and Sir Hennrymaine

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

kind. ltshould notbe declared untrue bycompelling itwith municipal
law which is far advanced and well developed
lnternatlonal Law - A weak Law
The theoretlcal views by Emlnent jurists the state practlce by dlfferent
nations and the judicial decisions affirm the legal character of
international law.
lnternational law - A VarnishinE point of Jurisprudence:
Holland's remark that international law is the vanishing point of
jurisprudence is not valid
The vanishing point ofjurisprudence means that the international law
lacks any arbiter to decide disputed questions at international level
There are different theories as regards to the rising debate on Subjects of
lnternational law but there are majorly three theories of lnternational law. All
three major theories and their explanation is mentioned below.

Reallst theorv

lf we see what the followers of this theory think then we come to know that
according to them the only subject of lnternational law is the Nation States. They
believe that the Nation-states are the only entities for whose conduct the
lnternational law comes into existence. The Nation States have separate legal
entities and have their own rights, duties and obligations which they can possess
under lnternational law. So, according to the followers of the Realist theory,
Nation-states are the ultimate and only subjects of lnternational law.

Fictionaltheorv

According to the supporters of the fictional theory the only subjects of

internatlonal law are the individuals not the nation-states. The reason they gave
that the legal orders are for the conduct of human beings and for their wellness.
And there's nothing much difference between Nation States and an individual
because Nation States are the aggregate of the individuals. And according to the
followers individuals are the sole subjects of lnternational law.

Functional theorv

ln both the theories i.e, Realistic and Fictional adopted their opinion without
considering other subjects of lnternational law. But the functional theory tends
to meet both the extremist theories. According to this thegry neither Nation
States nor individuals are the only subjects of lnternational law. Even, not only
the Nation States and individuals are the subjects of tnternatibnal law but other
entities have been granted international personality and staius and considered
as Subjects of lnternational law.

After analyzing all the three theories then according to my view Functional
theory is more accurate and best suited for the modern area of lnternational
law and also found suitable according to the world condition and trend.
DeclarinB any one subject as the sole subject of lnternational law is never a
solution and hence, the other two thebiies lag behind than ihe Functional
Theory.
5.Explain the different theories relatins to relationship between interna onal
law and munlclpal law,
The state plays a vital role in the governance of the country. Traditionally, the
state's defined role had merely local laws to govern the state. The laws were
only limited to protecting the citizens of the country. But, as there was the
evolution of societies, international laws also became necessary for the society
to make cordial relations with them.

Therefore, the state's role became complex and not limited to the inner
administration. lt has to reduce rivalries among various states as there is
massive interdependence among the states as a part of globalisation, So, all
these factors lead to the emergence of international laws. So, all these factors
lead to the emergence of internaflonal laws. But, at the same time, there
emerged a confllct as to whlch law is superlor and whlch ls to be overruled. We
must understand the relationship between international and municipal laws
for this answer.

What is lnternational Law?

lnternational laws are a set of rules, regulations, norms, and principles for a
state accepted internationally as a guideline for a state to interact with
another state in various sectors such as war, diplomacy, huma n rights, trade,
and other matters. ln other words, according to Black law's Dictionary, it is a
system that Boverns the relationship between nations which considers
individuals and international organisations. Some international laws are Sea
law, Treaties among the countries, international laws for criminals, and many
other laws,

There are two branches of lnternational Law:

lus Gentium: lt is a body or organisation that makes the law applicable to all
the nations of the world.
Jus lnter Gentes: lt is related to the agreements between two nations that do
not apply to other nati6ns.

What is Municioal Law?

According to Black Law, it is the ordinance and laws applicable in the city,
town, and other local entity of the society. Therefore, a municipal law is
considered a local or national law applicable within a defined territory. lt is for
the domestic and internal purposes of a sovereign state against the essence of
international law.

Relationship between lnternational and Municipal Laws

It is always essential to study the relationship between international and

municipal laws because there are some instances where international law
becomes a part of domestic law. So, if such a situation arises, which rule must
be followed? To explain such a situation, you must understand the relationship
between these two laws, and for this, there are some.theories.

Dualism

Dualism is a theory that considers local or municipal law and international law
as two different branches of law, According to this theory, as per their sources,
principles, and subjects, these two laws must act independently. lt stresses the
rules that international and municipal Iaw exists in two different scenarios, and
therefore they do not overrule each other,

According to the dualism theory, any international law cannot affect an

individual from the state until it has been transformed into a state or domestic
law. The transformation of such laws is the crucial doctrine of dualist theory.

Monism

As the name su8gests, the monist approach considers laws as a single entity,
and they are aSalnst the idea of separating these two branches as international
and municipal laws. The monist theory is based on the Kantian philosophy of
law which follows the unitary conception for laws. lt says that the laws are
derived from one single source, and any local or domestic law contradictory to
international law is invalid. lt does not believe in the claim of dualism that
there is a need to transform international law into municipal law.

The example for this claim is that if a state has ratified the international law of
human rights, and any municipal law violates an individual's freedom, that
person can claim that the municipal law violates the international law, So, in
this case, the municipal law will be considered invalid, and internatjonal law
prevails. This theory always considers international law superior to municipal
laws, and if any conflict arises between these two laws, international law wlll
prevail.
Specific Adoption Theorv

This theory is related to the dualist theory. lt claims that international laws can
only be applied in domestic laws when adopted explicitly by domestic laws,
There is a requirement for the transformation of international law into
municipal law.

Deleratlon Thaorv

This theory explains that there are constitutional provisions ln internatlonal

laws, which claims that it is on the state to decide which international law must
be applied to the internal matters of the state or individual and in which
condition, So, here the power is in the state to decide which international law
is applicable in its municipal law, There is no superiority concept in this theory.

Harmonisation Theorv

It is a separate approach from the dualist and monist approach. lt was

formulated by Rousseau and Fitzmaurice, who tried to explain that each law is
supreme in its sphere. The dualist and monist theory does not successfully
define the relatignshlp between international and municipal laws as to whlch
law is superior tp others. Harmonisatlon theory explalns that lf there ls any
conflict between municlpal and internatlonal laws, domes c laws will be
applicable in thd domestic sphere and separate the state's obligations to the
international laws. lt suggests that the courts must try to minimise the
differences betlieen these two laws through the harmonisation process,
ultimately leadihg to equivalent positions for both these laws.

Conclusion

The debate of the relationship between international and municipal law is

complicated. Every state has to oblige the internationaltreaties and face the
brunt of its breaches. However, they also maintain their municipal laws
separate from international treatles. Still, we can find the penetration of
international laws into municipal laws, and therefore this debate ls lntenslfled.
It is seen in the world that states practice international law when it is in their
favour, and thus, it minimises the differences and intensifies the harmonised
judicial process.

6.Define international law and trace the development of international law,

lntroduction
lnternational Law consists of the rules and principles of general application
dealing with the conduct of States and of international prganizations in their
international relations with one another and with private individuals, minority
groups, and transnational companies.

lnternational law
lnternational law is a system of treaties and agreements between nations
which regulate how nations communicate with other nations, other nations'
citizens, and other nations' businesses. Usually, international law falls into two
distinct groups:

. PdE!e-!$@U@Ltu
Discusses confllcts between prlVate entlties, such as individuals or companies,
which have a significant relationship with more than one country.

. Public lnternational law

Deals with relations between nations, these include universal norms of
conduct, law of the seas, economic law, diplomatic law, environmental law,
human rights law, and humanitarian law. Some principles of internatlonal
public law are contained in a set of documents, or "codified,l but many are not
written down anywhere.

The modern international law system is a product of only the past four hundred
y€ars bearlnS wltness to the lnfluence of various writers and jurlsts of slxteen to
elBhteenth century, who formulated some of lts most fundarhental prlnclples.

lnternational laws are a set of rules, agreements and treaties that are binding
between countries. Countries come together to make bindihg rules that they
believe will benefit the citizens. lt is an independent system of law existing
outside the legal framework of a particular state.

Development of lnternational Law bv ICJ

There is no provision under the ICJ'S UN Charter or Statute that makes

decisions of the ICJ binding, except on the parties. Under art, 38 of Statute of
the lCJ, clause 1(d) recognizes the decisions of the ICJ as subsidiary means for
the determination of rules of law":
Art, 38 (1):The Court, whose function is to decide in accordance wtth
international law such disputes as are submltted to lt, shall apply-

(d): Subject to the provisions of Article 59, judicial decisions and the teachings
of the most highly qualifled publicists of the various nations, as subsidiary
means for the determination of rules of law,

Furthermore, Art. 59 of the lQ Law as between the parties limits the

applicability of the ICJ ruling, which provides for:

"The decision of the Court has no binding force except between the parties
and in respect of that pgrticular case."

Such two clauses make lt clear that, on the one hand, the ICJ has no general
authority to create legislation in the form of a precedent as applicable to
courts in many nationaljurisdictions; on the other hand, the lCJ,s decisions are
not a direct source of international law, but there are only subordinate ways of
determining the law. But does that mean that the ICJ has absolutely no power
to develop or evolve new international law norms? Such an interpretation will
frustrate the progressive developrient of international law and, when
resolving disputes, the ICJ automatically introduces or develops new norms
when pre-existing rules are not to be enforced.

ICJ can develop or evolve new rules or norms of international law in the
following ways:

1. ICJ can recognize newly emerged customs- While referrinB to

customary law, the ICJ may find a new practice that has come into
force or that has abolished an old custom. This new practice may not
have been historically recognized by the international community, but
lf it has been continuously practiced as an opinio juris, it can be
accepted by the lcl. Often it may accept an instant norm where the
subject matter explains the same thing (like cyber warfare) and state
practice is predominantly systematic and consistent even if for a short
time, The ICJ does not create a rule in such cases, but it is the first to
consider a rule that has already been created.

2. Reference to General Principles of Law- lt was argued that law is

created not only by agreement, customs or legislature but also by
judges through an interpretation of existing law and the application of
 general principles of law. Sometimes, when there is no treaty or
customary law to rely on, the ICJ may decide its dispute by referring
to the general principles of law existing in domestic legal systems. lt is
likely that states may follow the rule because of the ICJ's
pronouncement, and it will eventually emerge as customary law, ln
thls respect, the ICJ contributes indirectly to the task of making
international law.
3. Making an Entirely New Rule- Renowned jurist James Leslie Brierly
has noted that the role of a judge is not merely the implementation of
the law but also the formulation of a rule to be applied since
complete segregation of legislative and.iudicial roles can exist only in
imagination, not in practice. lf there is no source to rely on to decide a
particular dispute (no custom, no treaty, no general principle of law),
then the ICJ may create a new rule (although it may not expressly
state that it acknowledges a new rule)that may be based on equity,
justice, and other relevant factors to reach a fair solution in a
particular dispute,
Oev€looment of lnternatlonal Law in lndia
lndia's contribution to international law can not be overemphasized, especially
in the fields of humanitarian law, environmental conservation, and security,
technology and trade laws. At the same time, to meet its international
obligations, lndia has harmonized many of its domestic laws with international
standards and norms. People's rights, environmental rules, intellectual
property rules, arbitration laws, trade laws, and space laws are important in
this exchange. lmplementing international law in lndia can be viewed either
from the viewpoint of the position of each government or from the stand point
of each area of law.

The linkaSes between lndia's Constitution and foreign law date back to the
days of pre-inde pe nde nce. Even durlng British rule, lndia was the League of
Nations' separate member. lt is also a foundtng member of the UN. The
Preamble includes many core principles and philosophies tha[ lndia promises
to its people and as a country aims to achieve. Among other things, the
Preamble states that social, economic, and politica I justice must be guaranteed
for all people and that freedom and equality will be promoted. Such principles
are the foundation of true democracy and their essence is fundamental, Every
nation strives to achieve them.
It is possible to;quate the human rights in part l and the substantive
directives to thq State in the form of Directive principles in part lV with the
U n iversa I Decla ration of Human Rights (UDH R) and to identify

commonalities. ihe United Nations Organization (UNO) was established as an

international body to avoid the collapse of the Third World War, to maintain
international pe3ce and stability and to uphold human rights. Having that
purpose ln mind, on 10 oecember 1948 the nations came totether and
adopted and ratified the Universal Declaration of Human nlghts. tt should be
remembered thEt the lndian Constitution adopted on 26 November 1950
influenced greatly the history of the human race and the principles sought to
promote and preserve the Universal Declaration of Human Rights.

Article 5LA gives effect to the resolution found in Article 29(1) of the Universal
Declaration of Human Rights, which stresses the obligations of individuals to
the general community. Such responsibilities support society and also assist in
the individual's complete flourishing. lndian Constitution is one of the few
constitutions in the world which expressly provides for fostering international
relations.

Concluslon
lnternational law, divided into two parts as mentioned above, plays a major
role in governing the countries of the world. lnternational law is a law that is
always in the developing process because there js so much new input and
progress made by the world which has to be inculcated so that it caters to
everyone around the globe.

T.Explain the difference between municipal law and international law,

What is lnternational Law?

lnternational laws are a set of rules, regulations, norms, and principles for a
state accepted lnternatlonally as a guideline for a state to interact with
another state in various sectors such as war, diplomacy, human rights, trade,
and other matters. ln other words, according to Black Law's Dictionary, it is a
system that governs the relationship between nations which considers
individuals and international organisations. Some international laws are Sea
law, Treaties amonS the countries, international laws for crlminals, and many
other laws.

There are two branches of lnternational Law:

Jus Gentium: lt is a body or organisation that makes the law applicable to all
the nations of the world.
Jus lnter Gentes: lt is related to the agreements between two nations that do
not apply to other nations.

What is Municipal Law?

According to Black Law, it is the ordinance and laws applicable in the city,
town, and other local entity of the society. Therefore, a municipal law is
considered a local or national laiv applicable within a defined territory. lt is for
the domestic and internal purposes of a sovereign state against the essence of
international Iaw.

Relatlonshlo betwe€n lnternational and Municipal [aws

It is always essential to study the relationship between international and

municipal laws because there are some instances where intexnational law
becomes a part of domestic law, So, if such a situation arises, which rule must
be followed? To explain such a situation, you must understand the relationship
between these two laws, and for this, there are some theories,

Dualism

Dualism is a theory that considers local or municipal law and international law
as two different branches of law. According to this theory, as per their sources,
prlnciples, and subjects, these two laws must act independently. lt stresses the
rules that internatlonal and munlclpal law exists in two different scenarios, and
therefore they do not overrule each other.

According to the dualism theory, any international law cannot affect an

individual from the state until it has been.tlansformed into a state or domestic
law. The transformation of such laws is the crucial doctrine of dualist theory.

Monism

As the name suggests, the monist approach considers laws as a single entity,
and they are against the idea of separating these two branches as international
and municipal laws. The monist theory is based on the Kantian philosophy of
law which follows the unitary conception for laws, lt s.ays that the laws are
derived from one single source, and any local or domestic law contradictory to
lnternational law is invalid, lt does not believe in the claim of dualism that
there is a need to transform international law into municipal law.
The example for this claim is that if a state has ra fled the internatlonal law of
human rights, and any municipal law violates an individual,s freedom, that
person can claim that the municipal law violates the international law. So, in
this case, the municipal law will be considered invalid, and international law
prevails. This theory always considers international law superior to municipal
laws, and if any conflict arises between these two laws, international law will
prevail.

Specific Adoption Theorv

Thls theory is related to the dualist theory. lt claims that international laws can
only be applied ln domestlc laws when adopted expllcltly by domestlc laws,
There is a requlrement for the transformation of international law into
municipal law.

Delegation Theorv

This theory explains that there are constitutional provisions in international

laws, which claims that it is on the state to decide which international law must
be applied to the internal matters of the state or individual and in which
condition. So, here the power is in the state to decide which international law
is applicable in its municipal law. There is no superiority concept in this theory.

Harmonlsatlon Thaorv

It is a separate approach from the duallst and monist approach. lt was

formulated by Rousseau and Fitzmaurice, who tried to explain that each law ls
supreme in its sphere. The dualist and monist theory does not successfully
define the relationship between internationaland municipal laws as to which
law is superior tg others, Harmonisation theory explains that if there is any
conflict betweell municipal and international laws, domestic laws will be
applicable in tha domestic sphere and separate the state's obligations to the
international laWs. lt su8gests that the courts must try to minimise the
differences between these two laws through the harmonisation process,
ultimately leading to equivalent positions for both these Iaws.

Conclusion

The debate of the relationship between lnternatlonal and municipal law is

complicated. Every state has to oblige the internationaltreaties and face the
brunt of its breaches. However, they also maintain their municipal laws
separate from the internationaltreaties. Still, we can find the penetration of
international laws into municipal laws, and therefore this debate is intensified.
It is seen in the world that states practice international law when it is in their
favour, and thus, it minimises the differences and intensifies the harmonised
judicial process.

S.State the seneral principles of law recognized bv civilized nations as source

of international law with decided cases.

. General orinciples of international law

The general principles of international law is the third source of international

law recognised under Article 38(1)(c). This provision comes into picture when
other traditional sources, such as the treaties or customary law does not
provlde a rule of d€cision. However, the term 'teneral principles of,
international law as applied to the civil nations' is vague, and many scholars
have tried to interpret it. lt has been debated for long whether or not they
constitute a valid source of international law. Professor Schlesinger refers to
general principles as "a core of legal ideas which are common to all civilized
legal systems." ln the North Sea Continental Shelf Cases, the ICJ opined that
the term 'civilized nations' should not be added as a legal element to evidence
General Principles. Such a phrase would be discriminatory and against the
United Nations Charter that promotes the equality of all members and non-
members. However, there are a few principles that have been employed by
the courts while pronouncing judgements. They can be considered as the
general principles of international law.

. R€paratlon and r€medles

Reparation means the damages paid to the injured party caused by an

unlawful act of the other party. The purpose of reparetion is to re-establish the
situation that existed before such harm occurred, lnternational courts in
various judicial decisions have recognised reparation as a part of general
principles. ln the case of AMCO Asia Corporation & Ors. v. The Republic of
lndonesia, the Permanent Court of Arbitration while awarding damnum
emergens or reparations to the injured party, held that it is a common
principle of municipal law and, hence it is also considered as a source of
international law through general principles.

Prescription
Prescription refers to the acquisition of territory by an adverse holding,
peacefully without protest continuously for a long time, tt is recognised both in
domestic and international law cases, The principle has been used in multiple
cases by the intqrnational courts. ln the lsland of palmas case, the Arbitration
Court applled this prlnclple while pronouncint the judBment, The United State
in 1928 argued ihat the tsland of palmas was rightfully thelrs slnce at the end
of the Splnlsh-Amerlcan war ln 1898, Spaln ceded the terrltory to the USA.
However, the territory was undisputed for a long time, and thus the contention
of the USA was rejected by the court, and Netherland was awarded the lsland.

. Res Judicata

The principle of Res Judicata is encompassed in municipal as well as

international law. lt is a Latin maxim which means, 'a matter decided', or,the
thing has been judged'. ln legalterms, once a case is finally adjudged by the
court, it will be deemed conclusive and the established fact of the case shall
not be disputed by eith€r of the parties again in the higher courts. The doctrlne
was applied by the ICJ in the Chorzow Factory case, whereln an appeal by
Poland to reopen the issue of fact of the case was rejected by the court on the
ground of rule of res judicata.

. Estoppel

Estoppel is a rule of national as wel as international law that bars a party from
leadinB evidence that is inconsistent with his prior conduct and facts against
the opposite party. A person should not benefit from his own inconsistency
and prejudice of another party. However, the principle is not applicable in
those cases where the person seeking it benefits from such discrepancy. ln
the Tinoco Concessions Arbitration Case, Costa Rica benefited from the
inconsistency of statements by Great Britain, and thus the Arbitration Court
rejected the plea of estoppel by Costa Rica.

Case Laws

1. ln the temple of prah vihaar case, 1962

The principle of estoppel was applied by international court justice.
2. ln Chorzew Factory case, 1928,
The principle of res judicata was extended to international law
3. ln corfee channel case 1949
The elementary consideration of humanity was applied
 UNIT.II
9.What is recosnition? Explain Deiura & Defacto recognition?
lntroduction:
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

Tvpes of recoEnition

1) Express implied recognition

2) Recognition subjed to an condition
3) lndividual and collative recognition
4) Recognition of a state or new government
5) Recognition ofgovernmeni in excel
6) Prematurerecognition
7) Defect or defacto recoSnition
8) Recognition of insurgency and belligerency
The act of recoSnltlon is a political or dlscretionary act but it should be granted
keeping in view various iegal consequences that follow such recognltlon. Maln
legal effects are:

1. The recognized state gets an entitlement to sue in the courts of the

recognized state.
2. The recognized state may enter into diplomatic and treaty relations with the
recognizing state.
3. The recognized state becomes entitled to its sovereign immunity as well as
its property in the courts of recognizing state.
4. The act of recognition also leads to the retroactivity of recognition i.e. the
recognizing state can give effect to past legislative and executive acts of the
recognized state.

De jure recognitioni When the state who is giving recognition to the new state
is of the view that the new state is capable of possessing and has all the essential
attributes of the statehood along with stability and permanency, then such
recognition is de jure recognition of that state. lt results ffom an expressed
declaration or a positive act which indicates the clear intent to grant the
recognition. lt is final and cannot be revoked or withdrawn on[e it is Eiven. lt can
be granted immediately or directly when any nation comes into existence
 through a peaceful and constitutional mode and there is no need for prior de
facto recognition.
De facto recognition: Such recognition is given when the new state has not
acquired sufficient stability in the opinion of the existing state. Then, in such a
scenario, the recognition is given provisionally and is called de facto
recognition. This situation arises when the existing state is of the view that
though the new state has a legitimate government., its effectiveness and
continuance to govern is uncertain. Thus, de facto recognition means that the
state which is recotnized possesses all the essentials of statehood and is able
to be a subject of international law but it is doubted whether such a country
seeklng recognltlon Is wllling or capable of fulfllllng lts obltgations under
lnternatlonal law.

Examples: The Soviet Union was established in 1917 and the UK government
recognized it on the basis of de facto mode but it was only in 1924 that the U K
Bovernment gave it a de jure recognition. ln March 1971, Bangladesh was
established and lndia and Bhutan gave the recognition to Bangladesh after
nine months of its establishment whereas the US recognized it after almost a
year in April, 1972.

Difference between Defado recognition and Deiure recognition

S. No. De facto Recognition De iure Recognition

De facto recognition is a
1. De jure recognition is legal recognition.
provisional and factual recognition.

De jure recognition is Branted when the

De facto recognition is granted
state fulfils all the essential condition of
2. when there is the fulfilment of the
states along with sufficient control and
essential conditions of statehood.
permanency.

De facto recognition is a primary De jure recognition can be Branted either

3, step towards grant of de jure with or without grant of de facto
recotnition, recognition.

De facto recognition can either be De jure recognition is a final and non-

4.
conditional or non-cond itiona l. conditional reco8nition
 De facto recognition is revocable in
5. De jure recognition i non-revocable.
nature.

The states recognised under this The state recognised under this mode have
6. mode have only a few rights and the absolute right an i obligations against
obligations against other states. other states.

The state with de facto cannot The state with de jure recognition can under
7,
underSo state succession. state succession.

The state with de facto recognition

The state with de jure ;ecoghition enjoys full
8. cannot enjoy full diplomatic
diplomatic immunities.
immunltles,

10.Write a note on theories relating to recosnition.

Theories of Recosnition:
A state possesses the four essential elements i.e. Population, territory,
Government and sovereignty, lnternational Law positt a duty on other States
to recognize such a community. But, in practice, state have not consented to
any such obligations. Existing States are only empowered, they are not
obligated to perform the acts of recognition. Refusal to recognize the existence
of a new state is no violation of Beneral international law.

Theorles of nature of recotnitlon:

A.The constitutive theory of recotnition
B.Declaratory theory of evidentiary theory

A.The constitutive theorv of recosnition:

According to this kind of theory of recognition, a new states becomes a subject
of international Iaw only through the recotnition by other states. lt means that
recognition alone constitutes Statehood and only then the new States are
clothed with some international personality, no recognition no Statehood js
the rule according to the constitutive Theory of Recognition,
This theory is more with accordance with the practice of states and with sound
legal principle. On the basis of State practice, he finds that recognition is
constitutive in nature. To the objection that recognition is often withheld for
polltical reasons although the new state has come into existence, his answer is
that it should be a legal duty and not a matter of polltical discretion to
recognize a new state which fulfils the condition of statehood.
There are substantial difficulties in this doctrine like an unrecognized state has
neither rights nor duties at lnternational Law and some of the consequences of
acceptint that conclusion might be startling.

B.Declaratorv Theorv of Evldentlarv Theorv:

According to declaratory (Evidentiarv) Theory, the Statehood or the authority
of a new Government comes into existence prior to and independent of
recognition and the act of recognition by the recognizing state is simply the
formal acknowledgment of an established situation of the fact and hence the
declaratory doctrine considers recognition to be only a declaration of an
existing fact i.e, state exists as a subject of lnternational Law as soon as it fulfjls
the conditions cif Statehood, and recognition does not create any jlegal
relationship which did not exist on other grounds.
This theory has been criticized on the ground that this theory alone cannot be
applicable for recognition of a state. When a state having essential
characterlstics somes into existence as a state, it can exercise international
rights and obligations.

Kinds or Modes or Methods of Recosnition:

i.Express Recognition
ii.lmplied Recognition
iii.lndividual Recognition
iv.Col lective recognition
v.Conditional Recognition
vi. De Facto Recognition
viiDe.lure recognition

ll.lndividuals are the onlv subiects of international law evaluate the

relevancv of the statement?
The position of subjects of international law has greatly changed with the
passage of time. Some Jurists have expressed the view that only states are the
subject of lnternational Law. ln their view, lnternational Law regulates the
conduct of the State and only States alone are the subject of international law.
According to them and as per the positivism view individual is an object and
not a subject of lnternational law.

But it is wrong to say that individuals are not the subjects of international law.
Some Jurists are of the view that individuals who are the basis of the society
and are the subject of lnternational Law and not the object of the lnternational
Law. The lnternational Co u rt of J ustice has rejected the propos ition that the
states are the only subject of international law, and held that the states are
responsible for an act of his agent. As per the modern international law, it is
generally recognized that besides States, Public lnternational OrBanisation,
lndividual and certain other non-state entities are also the subjects of
international law,

Under the lnternational Law duties of the states are ultimately the dutles of
an individual, and there is no difference between lnternational Law and State
law. As per Kelsen, both laws apply to the individual and they are for the
indlviduals.

ln present times several treaties have conferred upon individuals rights and
duties. for example lnternational convention on human rights,

ln DanzinB Railways official case, 1928 Permanent Court ofJustice held that if
any treaties the intention of the parties is to enforce certain rights upon some
individuals, then lnternational Law will recognize such rights and enforce them.

A new trend has started ln the international field under whlch some ri8hts has
conferred upon individuals even against the States. for example European
convention on human rights,1950, lnternational convention on human rights
1965, optional protocol, by which an individual who is the victim of the
violation of human rights, May send petition regarding violation of human
rights by his own state to the United Nations Commission on Human rights. lt is
now agreed that lnternational organizations are also the subj€ct of
international law. United Nation is an international person under international
law and it is held by lnternational Court of Justice that United Nation is a
sub.iect of international law and capable of possessing rights and duties and it
has the capacity to maintain its right by bringing lnternational things.

Fiction Theorv.

Accord ing to prof Kelsen, Leon Dequest and others indivld the basis un it of
ua llis
national and international activities states have been created for the welfare of
individ uals and they are only the agents of individ ually, 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 indivlduals are granted the right to be a party
before the proceedings of the internationa I jud icial 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 lndlviduals rlghts In
lnternationai Law
decisions affirm the legal character of international law therefore
lnternational 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 lnternational 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.
. ln Danzig company case trled by the permanent court of international
justice, the court held that individuals are also subjects of international

l2.Write a note on defacto and imDlied recoqnition recognition.

lmplied Recognition of State

When the existinB state recognises a newly formed state through any implied
act, then it is considered as an implied recognition. lmplied recognition can be
granted through any implied means by which a current state treats the newlv
formed state as an international person, The implied credit not granted through
any official notification'or declaration. The recognition through implied means
varies from case to case.

Conditional recosnltlon of State ln lnternational Law

The recognition of state with which certain conditions are attached in order to
obtain its status as a sovereign state is conditional recognition in lnternational
Law. The conditions attached varies from state to state such as reli8ious
freedom, the rule of law, democracy, human rights etc. The recognition of any
state is already associated with the essential conditions to be fulfilled for the
status of a soverei8n state but when an'addition condition is attached it is
conditional recognition in lnternatlonal Law.

Criticism
Many jurists criticise conditional recognition. The conditional recognition is
criticised on the ground that recognition is a legal procedure, and no additional
conditions should be attached with it other than the conditions recognised by
law, Another reason for criticism is that the recognised state if it does not fulfil
the condition attached for its recognition, recognitionis not extinguished and it
should stlll be valld.

An example is Palestine Liberation Or8anization (P.L.O.), recoBnized by many

States including lndia. In contrast to de facto Eovernment, Sovernments-in-exile
lack effective control over the territory of a State and have been accorded de
jure recognition.

Oe facto Recognition of States under lnternational Law

It is the process of acknowledging a new state by a non-committal act.

. De facto recognition is a provisionally grant.

.lt is the first step to the next mode of recognition.
.lt is a temporary and factual recognition as a state
.lt can either be conditional or without any condition.
.A test of control for newly formed states.
When the other existinS countrles have an opinion that the new state does not
have enough capacity but the new state holds a sufficient territory and control
over a particular territory.

Example: The Soviet Union was de facto recognized by the government of the
UK in 1921.

13.Write a note on dualism

Dualism is a theory that considers local or municipal law and international law
as two different branches of law. According to this theory, as per their sources,
principles, and subjects, these two laws must act independently. lt stresses the
rules that international and municipal law exists in two different scenarios, and
therefore they do not overrule each other.
According to the dualism theory, any international law cannot affect an
individual from the state until it has been transformed into a state or domestic
law. The transformation of such laws is the crucial doctrine of dualist theory.

Ac-cording to this theory Municipal law and lnternational law are entirely
dlfferent. They are two Dtstrict 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.
o Municipal law deals with the relation between persons. But
international law deals with the relation between the subjects of
lnternational law such as states and international organizations.
. lvlunicipal law has got strong sanctions. lnternational 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 wlll ofthe states.
. Statelawls lawof subordlnation in the seas that lt ls the command of
the sovereign lssued to hls subJects, where as lnternatlonal lew ln a law
ofcoordination because it is a law created by sovereign states to bring
about po operation among them,

14.Define recoEnition. Discuss the lesal effects of recoenition.

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 severalfactual situations, which call for acknowledtment by

other states. lnternational law does not provide for any offlcial machinery for
takinB a decision in thls regard.
So way other state her the right to decide for itself whether to recognize a state
or not. lf is a prerogative right of other states and it is a question of policy than
law. lt 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
LePal Effects of recoEnition

ln lnternational law
. The recognlzed state becomes an International personality and it
carries all the prlvileges of member of international communlty
. The state acquires the capacity to enter into diplomatic relations with
other States.
. The treating between recognized and recognizing states automatically
come into force

ln Municioal Law
. lt acquires the right to sue in the courts of recogn[zing 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 relatlonship commence on only recqgnition.
. The recognized state is entitled to receive possesbion of propertles
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.
Lesal Effects of Recopnition

1. Recognised State becomes entitled to sue in the courts of the remgnising

5tate.
2. Recognized State is entitled to sovereign immunity for itself as well as its
property in the courts of recognising State.
3. Reco8nlzed State is entltled successlon and possesslon of property situated ln
the territory of the recognising State.
4. Recognised State may enter into diplomatic and treaty relationships with the
recognising State (de jure recognition).
5. Recognising State gives effect to past legislative and *ecutive acts of
recognised State (retroactivity of recognition).
The state's sovereignty is confined to a piece of territory, which is prone to the
undivided jurisdlction of the state and is conserved by international law.
Territorial sovereignty is a political and legal expression. lt designates a
relationship of power, supremacy, and freedom between an actor, the state,
and an object, the territory. AccordinB to maxim quidquid est in territorio est
etiam de territorio, all individuals and property within the state's borders are
its property. lf any indlvidual and propertY cross borders, they immediately fall
under the state's territorial sovereignty

Territorial sovereignty is one of four types of regimes that can apply to the
territory.

These are their names:

Res nullius: The states may acquire territory, but territorial sovereignty has not
yet been Sranted,
Res communis:The high seas and exclusive economic zones are examples of
res communis territory that a state cannot govern
Terra nullius:Territory that.another state has never occupied, but these states
have legal status.

Regardless of the varlous theories on the legal feature of territory, there ls

broad agreement that a State possesses complete and exclusive power over its
territory following the principle of territorial sovereignty

Sovereignty in inter-state relations denotes autonomY Freedom about a

number of the planet is the right to exercise the functions of a State therein' to
the exclusion of the opposing States,

Territorial sovereignty thus expresses that, subject to related customary or

conventional regulations of the law of nations, the relevant state alone
is
people
obligated to exercise jurisdiction, primarily bY exposing the objects and
within its territory to leBal provisions and enforcing these rules'

Furthermore, the state has the right to control access to and escape routes
from its territory, The latter right appears to apply to all, any' or any mode of
conversation. Territorial sovereignty shields a state from any intervention
by
other states. While such meddling may necessitate force, this is not addressed
here.

Exceptions

There are some exceptions of the exercise ofjurisdiction which definitely

recognizes the protective jurisdiction of one state to deal with foreign
nationals acting in their country against its security and integrity:-

1. Diplomatic agents:- Diplomatic agents enjoy certain privileges and

immunities. They are immune from the jurisdiction of the civil and criminal
courts of the receiving State. ln this connection the old view was tha the
diplomatic agents enjoy these immunities and privileges because they were
deemed to be outside the jurisdiction of receiving State. ln the present time
this theory has been discarded. Modern view diplomatic agents enjoy certain
immunities and privileges because of the special functions they perform. This
was affirmed in a case Ex-parte Petroff-1971 by the Supreme Court of
Australia.

2. Foreign Embassies: - Foreign embassies are often considered to be outside

the jurisdiction of the State in which they are situated. For sake of convenience
embassies are to be treated a part of their home States. The correct view
however is that though not part of their home States embassies enjoys certain
immunities because of the special functions performed by the diplomatic
agents,

3, Forelgn Soverelth3:-Foreitn sovereigns are often treated to be outside the

jurisdiction of other states and possess many privileges and immunities. ln the
case of Christina-1938, Lord Wright observed that there are general principles
of lnternational Law according to which a sovereign state is held to be immune
from the jurisdiction of another sovereign State.

The principle of immunity of immunity of Foreign Sovereign was developed in

the early years of the nineteenth century, ln the case of the Schooner
Exchange v/s McFaddon-1812, A French NavalVessel stayed in philadelphia for
repairs after a storm. Some persons sought possessjon of the ship on the
ground that in reality the ship Schooner Exchange. An American ship which
they owned and was seized by French on the High Seas in 1g1O in pursuance of
a Napoleonic Decree. The U.S. Govt. however requested the court to refuse
jurisdiction on the ground of sovereign immunity, Court held that the vessel
was exempt from U.S. Jurisdiction,
l6.Write a note on Temple of pr€ahvihar case.
Eacksround

Subject in dispute is the sovereign territory of the Temple of preah Vihear

(located in the eastern part of the Oangrek mountalns).
The locatlon stands on a mountaln range on the boundary of Cambodla
and Thailand.
The Temple of Preah Vihear is dedicated to the Hindu deity Shiva. tt is
an UNESCO world heritage site, calling the temple ,,an outstanding
masterpiece of Khmer architecture."

Case

The case concerning the Temple of Preah Vihear between Thailand and
Cambodia at the lnternational Court of Justice was initiated by the
government of Cambodia in 1959.
ln 1961, followint objEctions from Thailand, the court judged that it had
Jurlsdlctlon over thls mattcr,
ln 1904, France (then rullng Cambodla) and Slam (now known as Thalland)
made a treaty to clarify the states' borders to follow the watershed line
(which would place most of Preah Vihear province in Thailand,s territory).
This treaty established officers from both sides, known as the first M ixed
Commission, to delimiting the territory between the countries.
The final stage of the Mixed Commission was to prepare maps. tn 1907,
four French officers (three of wHich were part of the Mixed Commission)
were assigned to prepare a series of eleven ma ps forming the borders of
Cambodia and Thailand. This was at the request of the Thai Government,
as they did not possess the technical means to map the region. The map
concerning the region of Preah Vihear placed ihe temple of Preah Vihear
on Ca mbodla's tslde.
It is this map that Cambodla primarily clalms soverelgnty over the
Temple. Cambddia argue that as the map had been accepted by Tha and,
and entered into the treaty, Cambodia have ownership over the Temple,
Thailand disagieed and denied accepting the map, arguing that they
agreed to the X904 treaty that specifies territory would follow the
watershed line:in the text, and that following this line, the Temple
belongs to Thailand. They also argued that if they did accept the map, it
would have been on the mistaken belief that the map corresponded with
the watershed iine (as according to the text of the treaty).
. The map of the region of Preah Vihear, called Annex l, was never formally
approved by the Mixed Commission, The Court mentioned that on its
creation, Annex I had no binding character,
. There are records however, that Annex lwas shown to the Thailand
government. As there was no response about this issue, it must mean
that they agree to lt.
. Annex I was also shown to the Thal members of the Mixed Commlsslon,
who said nothing. The Thai Minister of the lnterior at the,time thanked
the French minister for them. The Court mentioned that as the Thai
authorities accepted the map without investigation, they could not now
plead their consent was in error.
. ln 1934 and 1935 a survey revealed the difference betwer!n Annex land
the text of the treaty, with Annex I showing that the Temple is part of
Cambodia, and the text (following the watershed lines) that the Temple is
part of Thailand. Regardless of this, Thailand continued tO use and publish
maps showing that Preah Vihear being part of Cambodia.
. ln 1925, 1937 and 1947 there were France-Thailand treaties and
meetings, Thailand did not raise any issue regardinB the territory of Preah
Vihear. The natural impllcatlon of this is that Thailand did not have any
issue with the territory belonging to Cambodia.
. lt was only until 1958 that Thailand raised a query about the Annex I map
in its negotiations with Cambodia. Annex lwas completed in 1907. This is
more than fifty years since the map was completed.
. The Court stated that the acceptance of Annex I entering into the treaty
settlement meant that the parties had at that time adopted the
interpretation of the treaty which caused the map to prevail over the
text. The Court stated there was no reason to think otherwise as no
objection or special importance to the line was mdntioned at the time.
. Following Cambodia's independence in November 1953, Thailand
occupied the Temple of Preah Vihear in 1954. After unsuccessful
negotiations between the two parties, the case was taken to the
lnternational Court of Justice at the request of Cambodia in 1959.

Judsment

. lvly nine votes to three, the Court found that the Temple of Preah Vihear
was situated in Cambodian territory, and that Thailand are obliged to
withdraw any forces, military or otherwise, stationed in and around the
Temple.
 By seven votqs to flve, the Court found that Thalland ls under an
obligation to return any sculptures, ancient pottery or artifacts to
Cambodia since the date of occupation of the Temple by Thailand in 1954.

uNtT-ilt
lT.Discuss the limitations of territorial iurisdiction.

The court's power to inquire and proceed with the trial of the matter
presented before it is called territorial ju risd iction. lt determines the authority
of state and federal courts to bind the parties to the action.

There are two tipes of terrltorial jurisdiction of the states: lntra-terrttorlal

jurisdlction and bxtra-terrltorla l J urisd lc on. lntra-terrltortal
Jurlsdlc on deals
with the crimes committed within the boundaries of the lndian territory, ln
contrast, extra-territorialjurisdiction deals with the crimes committed beyond
the boundaries of the lndian territory,

Section 2 of the lndia n Penal Code deals with the proceedings of the lntra-
territorialjurisdiction of the code. Section 3 and Section 4 ofthe tpC deal with
ext.a-territorial jurisdiction.

lntra-territorial iurisdiction

According to Section 2 of the lndlan Penal Code, any person Involved ln

committlng an act or omlttlng an act that contradlcts the provlsions of the
code, he or she shall be conferred punishment without any biases based on
nationality, caste, rank, or creed. This act applies if only a person commits the
act or omits the act within the boundaries of the lndian territory.

Even a foreign national, if held for committing a crime within the territory of
the lndian state, will have to face the consequences of this lndian law. There is
a class of people who are exempted from and are immune to these laws and
criminal liability. This class includes the foreign sovereign, enemy aliens,
diplomats, warships, president, foreign army, and governors.

Extra-territorial iurisdiction

According to Section 3 and Section 4 of the lndian Penal Code, extra-territorial

jurisdiction comes into power when a crime is trialled in a country other than
the one in which it was committed, ln such a case, this section gives power to
the court to try a person who has committed the crime, provided they are
subject to lndian laws. The person will be held for an offence in the same way
as if such a crime has been committed within lndia. Under this section, not
only lndian citizens are liable for an offence they committed abroad, but also
people who are covered by any special law, bringing them under the lndian
jurisdiction.

Section 4 of the lndian Penal Code expands the scope of the application of
Section 3 of the act. According to this section of the lPC, if a person has
committed a crime beyond the limits of the lndian territory but is found or
captured within the lndian territory, there could be two scenarios. Ihe person
can be extradlted and sent to the nation where the crlme has been committed
or tried per the lndian criminal laws,

Extradition

An extradition is an act or a process where a state requests another to

surrender a criminal or a fugitive offender for a trial or prosecution of the
crime. According to the Supreme Court of lndia, extraditlon is a delivery of one
state to another of those it is desired to deal with for crimes of which they
have been accused or convicted and are justifiable in courts of other states,
Extraditable persons include criminals who are yet to undergo a trial, under
trial criminals and convicted individuals who have managed to escape custody.

The crimes committed by the individuals should be a punishable law in the

requestint state and commltted outside the state of refugee. Another critical
factor is that the two states should have entered into the extradition treaty,
However, there are rare cases where the state might even extradite without a
treaty. ln lndia, the extradition of a convicted individual is governed under the
Extradition Act of 1962.

An extradition treaty between lndia and the other country turns into the basis
of extraditions in lndia. Extradition offence, according to Section 2(c) of the
Extradition Act of 1952 of the lndian Penal Code, means:

Concerning a foreiBn treaty state, an offence provided for in the extradition

treaty with that state.
Concerning a forei8n treaty state, an offence punishable withlimprisonment
for a term which shall not be less than one year under the tndian Laws or laws
of the foreign state and includes a composite offence. The treaty must include
the offence and specify that the punishment is less than one i/ear.
Asylum

Asylum means an inviolable place of refuge and protection shelter given to

criminals. To apply for asylum, an individual must prove their refugee status
and confirm that any reason does not bar them from getting asylum through
lndian lmmitration laws, lt is an lndlan soverelgn ritht to
trant asylum to a
person not quallfylng for refugee status. Thb treatment of asylums seekers
ls
categorlsed into three parts:

National Treatment: The Indian Constitution has included several provisions

that uphold the constitutional rights of all lndian citizens. According to this,
asylum seekers can receive the same national care as lndians,
Treatment that is accorded to the foreigners: Article 17 protects the right to
work or exercise a career in lndia. Article 26 protects the freedom of residence
and movement. Article 21 protects the right to housing, while Article 13
protects the right to property for the seekers.
Special treatment: The refugee convention is liable to protect one,s
identification and travel papers as well as exemption of fines under article 3(1),
according to Antcle 28 of 19S1.

Concluslon

Once individuals apply for asylum, they are given information about the next
steps in the refugee status determination process. They will be granted a case
number and an 'Under Consideration Certificate', which acknowledges the
consideration of their application. The next step includes an interview round
where the reasons behi.nd seeking asylum are asked. The UNHCR determines
their refugee status depending on the interview and the details they provide
regarding the sltuation of the origin nation.

l8,What is continental shelf? Explain the rirhts available to coastal state in

contlncntrl shelfl
lntroductlon:
A continental shelf is a term that.refers to the ledges that protrude from the
continental land mass into the ocean. This is enveloped with a comparatively
shallow 2one of water (approximately 150-200 meters deep). This eventually
mixes into the depths of the ocean which is around thousands of meters deep.
These shelves occupy around eight percent of the total area of ocean water and
their size varies relatively from place to place. lt is the extended boundaries of
every continentiand the adjoining coastal plain. This was a component of the
continent during glacial periods, but remains below the sea during interglacial
periods. The continental shelves are loaded with oil and natural gas resources
and quite frequently are a host to huge scale grounds for fishing.

There are various rlShts and liabillties upon coastal statesi and their extent
,Further varlous conventions - Geneva convention, 1958 and convention on the
law of the sea, 1982 have made the acceptance of these continental shelf rights
by the states within less than thirteen years and is very important for the
regulation of the exploration and exploitation of the resources of continental
shelf.

Article 1 of the Convention on the Continental shelf, 1958 defined the shelf
based on its exploitability instead of depending upon the conventional
geological definition, which referred to the seabed and subsoil ofthe submarine
zones next to the coast but not within the territorial sea that extends to a depth
of 200 meters or 'beyond that limit to where the depth of the superjacent waters
admits of the exploitation of the natural resources of the said areas'

RIGHTS ANO DUTIES OF COASTAI. STATES

The waters above the continental shelves are of great importance for navigation
and fisheries. Maritime shippinB must of necessity use these waters. Because of
the shallowness of the water fish are abundant and accessible. Submarine cables
for communications miBht be laid on the sea-bed.
lnternational law, both through treaty and customary usage, confirms each
coastal state's right to explore and exploit the natural resources of its
continental shelf. The concept of the continental shelf is a datum of nature
presented as a medium for juridical technique; it tends to justify State
jurisdiction over the exploration and exploitation of the natural resources of the
lt
bed and the subsoil of certain areas of the high seas, is, however,
incontestable that the ri8ht to exploit certain natural resources of the sea-bed
and subsoil, such as pearls, corals, sponges, amber and chank, did come to be
regarded as the monopoly of the coastal state if it chose to exploit them.
Proper characterization of continental shelf rights acquired under international
law will also assist in treaty negotiations and in resolution of disputes among
nations. Petroleum reservoirs straddling international boundaries provide
perhaps the best illustration, Whether one coastal state can legitimately
complain if an adjacent state extracts all the oil or gas from a reservoir which
extends to its continental shelf depends upon the nature and extent of the rights
of that state under international law,
2(Al: Rlshts Of CoastalStates
The area of continental shelf cannot be appropriated by the states, and
therefore, States cannot exercise sovereignty over this state, They may exercise
sovereignty rights to explore and exploit mineral, non-living resources of the
sea-bed and subsoil and they are required to make payments or contributions
annually with respect to all production at a site after the first-five years of
prod uction at that site. The rate shall increase by 1 per cent of the value for each
subsequent year until twelfth year and shall remain at 7 percent thereafter. lf
coastal states does not explore or exploit shelf resources no other state may
undertake these activities without its express consent.lxvii] However, ,,The
rights of ihe cdastal State over the continental shelf do not affect the regime of
freedom of navigation on the hith seas or that of the airspace above the
superjacent waters or the Eplcontlnental Sea."

2(Bl: Rlphts Of Other States tn The ConUnental Shelf.

Other states have been Biven a few rights over the continental shelf. They are
entitled to lay submarine cables and pipelines on the continental shelf with the
consent of continental shelf. The coastal state may impose conditions for cables
or pipelines,

l9.What is hieh seas? State the freedoms available to a state on hish seas?
lntroduction:
The high seas means, all the parts which are not coming under EEZ, territory or
lnland waters of a country, This rule was formulated by Grotius in his maxim on
"Mare Liberum" in 1609 and claimed that the sea could not be owned by
anYone,

supported that ships can go and use freedom of navigation,

As a result, all States
fight, fishing and building artificial islands etc. But, the command has been
considerably changed under the convention on the Law of the sea of 1982.

Freedoms available to a state on Hish Seas.

1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down by this
Convention and by other rules of international law. lt comprises,
inter alia, both for coastal and land-locked States:
(a) freedom of navigation;
(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines, subject to

Part Vl;

(d) freedom to construct artificial islands and other installations

permitted under international law, subject to Part Vl;

(e) freedom of fishing, subject to the conditions laid down in

section 2;
(f) freedom of scientific research, subject to Parts Vl and Xlll.

2. These freedoms shall be exercised by all States with due regard for
the interests of other States in their exercise of the freedom of the high seas,
and also with due regard for the rights under this Convention with respect to
activities in the Area.

20.A state exercises iurisdlction over propertv. oerson. acts and events
occurring within its territorv examine the exceptions to this rule?
It is derived from State sovereignty and constitutes several features. lt is the
authority of the State over persons, property and events which are primarily
within its territories.
Criminal jurisdictlon is where the powers of the Court are described in dealing
wlth a case where a person ls accused of an offence, Crimlnal jurisdiction is used
in many laws like Constitutional Law and Publlc lnternational Law,

The three distinct situations where onlv the accused person can file a suit are:

1, To control the relation between States, or between one State and

another; l

2. To control the relationship between the Federal Courts and Domestic

Courts;
3. Only where he has committed the offence and not in any other State.
Also, the law ofthat State should.be a codifled law.

Nationalitv Jurisdiction

This principle permits a country to exercise its criminal jurisdiction over the
nationals accused of criminal offences in other States. ln the UK it is generally
limited to treason, murder and bigamy committed by British nationals abroad.
Hence common Law countries never protested against the extensive use of the
nationality principle to declde jurlsdlction ln crlminal matters by other States.

The two tvpes of Nationalitv Jurisdiction are:

Actlve Natlonalltv

This prlnciple is for the protection of interest of the State from abroad.
Strict application on territory could be harmful to the peaceful
existence of international society.
The State has its fundamental right to apply its laws to prosecute illegal
cond uct.

Passive Nationalitv

Treaty-based passive nationality is more effective than Statute based

passive nationality.

Jurlsdictlon can be exerclsed by the State where the offence took place,
This has been opposed by common law States but due to the
transnational crimes, it gets approved.

EXEMPTION TO THE TERRITORIAT JURISDICTION

There are some exceptions ofthe exercise ofjurisdiction which definitely

recognizes the protective jurisdiction of one state to deal with foreign
nationals acting in their country against its security and integrity:-

1, Diplomatic agents:- Diplomatic agents enjoy certain privileges and

immunities. They are immune from the jurisdiction of the civil and criminal
courts of the receiving State. ln this connection the old view was tha the
diplomatic agents enjoy these immunities and privileges because they were
deemed to be outside the jurisdiction of receiving State. ln the present time
this theory has been diicarded. Modern view diplomatic agents enjoy certain
immunities and privile8es because of the special functions they perform. This
was affirmed in a case Ex-parte Petroff-1971 by the Supreme Court of
Australia.
2. Foreign Embassies: - Foreign embassies are often considered to be outside
the jurisdiction of the State in which they ire situated. For sake of convenience
embassies are to be treated a part of their home States. The correct view
however is that though not part of their home States embassies enjoys certain
lmmunltles because of the special functions performed by the diplomatic
agents.

3. Foreign SovereignsiForeign sovereigns are often treated to be outside the

jurisdiction of other states and possess many privileggs and immunities. ln the
case of Christina-1938, Lord Wright observed that there are Beneral principles
of lnternational Law according to which a sovereign state is held to be immune
from the jurisdiction of another sovereign State.

The principle of immunity of immunity of Foreign Sovereign was developed in

the early years of the nineteenth century. ln the case of the Schooner
Exchange v/s McFaddon-1812, A French Naval Vessel stayed in Philadelphia for
repairs after a storm. Some persons sought possession of the ship on the
ground that in reality the ship Schooner Exchange. An American ship which
they owned and was seized by French on the High Seas in 1810 in pursuance of
a Napoleonic Decree. The U,S. Govt. however requested the court to refuse
jurisdiction on the ground of sovereign immunity. Court held that the vessel
was exempt from U.S, Jurisdiction,

2l.Duties and rishts of states are onlv the duties and riqhts of men who
compose them. Discuss.
By Kelson, lndividual alone is the subject of international law. The duties and
rights of States are only the duties and rights of the men who compose them.
Many modern treaties do bestow rights or impose duties upon individuals.
Kelson's view appear to be logically sound.

Mod€rn definitlon of lnternatlonal Law

Bentham's definition and perspective of international law was traditional and

old schooled, the modern definitions of international law represents its wide
ambit and inclusive approach. According to J.G. Starke, lnternational law maybe
defined as that body of law which is composed for its greater part of the
principles and rules of conduct which states feel themselves bound to observe,
and therefore, do commonly observe in their relations with each other, and
which includes also:
 i, The rules of law relatint to the functionint of lnternatlonal lnstitutions
or organlzations, their relatlons wlth each other, and thelr relatlons wlth
states and individuals.
i. certain rules of law relating to individuals and non-state entities so far as
the rights or duties of such individuals and non-state entities are the
concern of the international community,
According to the United Nations, lnternational law defines the legal
responsibilities of States in their conduct with each other, and their treatment
of individuals within State boundaries. lts domain encompasses a wide range of
issues of international concern, such as human rights, disarmament,
international crime, refigees, migration, problems of nationality, the treatment
of prisoners, the use of force, and the conduct of war, among others. lt also
regulates the global commons, such as the envlronment and sustainable
development, international waters, outer space, global communica ons and
world trade.

ln its broadest aspect, international law lays down guidelines, methods, and
mechanisms for international actors primarily sovereign states, but also
increasingly international organizit)ons and certain individuals. The range of
subjects and actors directly involved with international law has considerably
widened, moving beyond the traditional questions of war, peace, and
diplomacy to include human rights, economic and trade issues, space law, and
international organizations. International law dlffers from international comity,
with the latter cpmpromising of legally non binding practices adopted by states
for reasons of courtesy. Public lnternational law is also distinct from the field of
prlvate lnternational lawi the latter belng concerned wlth the rules of municipal
law of dlfferent !ountrles where forelgn €lements are lnvolved,

Subiects of lntelnational Law

Subjects of international law can be described as those persons or entities who

possess international personality. Throughout the 19th century, only states
qualified as subjects of international law, but this scenario completely changed
after th6 conclusion of the Second World War with more and more new actors
joining the international legal arena. lntergovernmental organizations created
by the states; non-governmental organizations (NG0s) created by individuals;
and even natural persons like individuals emerged as new actors. A subject of
international law is a body or entity recognized or accepted as being capable, or
as in fact being capable, of possessing and exercising international law rights and
duties. The possession of international legal personality means that an entity is
a subject of international law, and is capable of possessing international rights
and duties, and has the capacity to maintain its rithts by bringing international
claims. The subjects of international law can be categorized into:

Statesr The moment an entity becomes a state, it becomes an international

legal person and acquires international legal personality. States are the original
subjects of international law, and the branch of international law was originally
established to regulate relations between the states.

Non-State Actors:- There are certain Non-State actors with international legal
personalities that include, individuals, armed Broup involved in conflicts and
international organizations like the EU, UN and Afrlcan union who are deemed
to be subjects of lnternational law.

lnternational organizations:- an international orBanization is also an important

subject of international law, it is defined as an organizatioh established by a
treaty or other instrument governed by international law and possessing its own
le8al personality. The United Nations and World Trade Organizations are
examples of international organizations.

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

lntroduction:
States are considered as the first subjects of international laws and they possess
rlghts 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 tovernment, lt has
capacity to enter into relations with other states and other entities,

Definitions:
Cicero
"State is a numerous society united by a common sense of right and mutual
participation in advantages."

Bluntschli
"The state is the politically organized people of a definite territory."

Qualification of state
. Population
. Territory
. Government
 . Capacily to enter into relation with other states

Kinds of state l

l.Confederation
It is a union of a number of independent sovereign states linked together by an
agreement
2,Federatlon
A Federal state is a perpetual union of several states which have governments
of its own
3.Condominium
Itexists 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 baslc obJect of trusteeshlp system ls 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

S.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 hu man and economic
sources

23.Write a note on exclusive economic zone.

txclusive Economic Zone (EEZ)

The 1982 United Nations Convention on the Law ofthe Sea (UNCLOS) defined
the EEZ as a zone in the sea over which a sovereign nation has certain special
rights with respect to the exploration and usage of marine resources, which
includes the generation of energy from wind and water, and also oil and
natural 8as extraction,

The EEz is an area that is adjacent to and beyond the territorial sea.
It can extend to a maximum of 200 nautical miles from the baseline. The
baseline is normally measured is the low-water line along the coast as
indicated on large-scale charts officially approved by the coastal state.
The EEz does not include the territorial sea and also does not include the
continental shelf beyond 200 nautical miles.
The EEZ includes the contiguous zone.
Within the EEZ, the country has rights over natural resources. The
country has jurisdiction over some activitles for the reasons of
environmental protection, among others.
It also has to respect the rlghts of other countrles in the EEZ such as the
freedom of navigation.
The difference between territorial sea and the EEZ is that the former
confers full sovereignty over the waters, whereas the latter is merely a
"sovereign right" which refers to the coastal nation's rights below the
surface of the sea. The surface waters are international waters,

Rishts of the countrv in the EEZ

The coastal state has the rights to:

1. Explore and exploit, conserve and manage the natural resources (living
or non{ivlng).
2. Produce energy from wind, currents and water,
3. Establish and use artificial islands, structures and installations.
4. Conduct marine scientific research.

Proted and preserve the marine environment.

Territorial Waters
The term territorial waters of a country include any area of water on which it
has jurisdiction. This includes the internal waters, territorial sea, contiguous
zone, the EEZ and potentially the continental shelf also.
TerrltorlalSea
As per the UNCLOS, the terrltorial sea ls a belt of coastal waters that extends
from the baseline to 12 nautical miles.

It is a sovereign territory of the state.

However, foreign ships, both civilian and military, are permitted
'innocent passage' through it.
The sovereignty also includes the seabed below and the airspace above.
The EEZ starts at the edge of the territorlal sea.

Contiguous Zone

The contiguous zone extends from the edge of the territorial sea to 24 nautical
mlles from the baseline, t.e., a further 12 nautical miles from the terrltorial
sea.

. lt is a part of the EEZ. ln this zone, states have limited control in order to
curb or penalise the infringement of its customs, immigration, sanitary,
or fiscal laws within its territorial sea.
. Only in four areai, it can enforce laws:taxation, customs, pollution and
immigration.
24.Explain the principle involved in Lotus case.

Fad of Lotus Case

On 2nd August of 1926 before midnight a collision took place on the high seas
between a French vessel Lotus and a Turkish collier Boz-Kourt which resulted in
sinking of the Boz-Kourt and death of elght Turklsh natlonals on board the
Turkish colllbr. The 10 survivors ofihe Boz"Kourt (includtnt its captaln, Hassan
Bey) were taken to Turkey on board the Lotus. The French mail steamer was
captained by a French citizen by the name Monsieur Demons, The Lotus
continued on its course to Constantinople, where it arrived on August 3. On
the sth of August, Lieutenant Demons was inquired into by the Turkish (O)
authority to go ashore to give evidence, After Demons was questioned, he was
placed under arrest without informing the French (p) Consul-General and later,
Demons was convicted by the Turkish (D) criminal courts for manslaughter. He
was sentenced to 80 days of imprisonment and a fine.

Arqument of France (P):

France argued that,
The state whose flag the vessel flew had exclusive jurisdiction over the matter
and also offered to show'state practice' in support of its position, lt also
argued that Turkey does not have jurisdiction to try the case. The Frsnch
government challenged Turkish jurisdiction, demanding the release of Demons
or the transfer of his case to the French Courts.

Argument of Turkev {D):

Turkey argued that,

A soverllgn state may act ln any way they wlsh so lonS as thdy do nbt
contravene an expliclt prohibltion of international law. The Turklsh Criminal
Court claimed jurisdiction under Article 6 of the Turkish Penal Code.

On 7 September 1927 the case was presented before the Permanent Court of
lnternational Justice (PCIJ).

lssues of Lotus Case

. Whether Turkey violated international law when Turkish courts
exercised jurisdiction over a crime committed by a French national,
outside Turkey?
. Should Turkey pay compensation to France, if it violated international
law?
Rulc of Law
There exists no rule of international law, which restricts a sovereign state from
exercising criminaljurisdiction in its own territory ovqr a foreign national who
commits offences outside of the state's national jurisdiction. ln this
circumstance, Turkey (D) may prose€ute Demons because although he was
aboard a French ship, the impacts of the alleged offence occurred on a Turkish
collier. Hence, both states here in respect of the whole incident may practice
'concurrent jurisdiction' because there exists no rule of international law in
regards to collision cases to the effect that criminal proceedings are exclusively
within the jurisdiction of the state whose flag is flown. Ipara 71-84]

Analvsis of Lotus Case

The'flag state prlnciple'whlch was argued by France was rejected by maJority
ln the court slnce there was no rule to that effect in international law. The
implication of this principle to future events raisingthe issue ofjurisdiction
over people on the high seas was altered by Article 11 of the Geneva
Convention of High Seas, 1958. The convention put weight on the fact that
only the flaB state or the state of which the alleged offender was a national
had .ju iction over sailors regarding incidents occurring in high seas. This
risd
"flag state principle" has since also been adopted in the UniteJ Nations
Convention on the Law Of the Sea (0NCLOS), e.g. in article 92 and, in regards
to enforcement of environmental legislation, article 217(1).
A State cannot exercise its jurisdiction beyond its territory unless an
international convention or customary law allows it to do so.
[para 45]

UNIT.IV

lntroduction
Diplomats are the persons who reside in foreign countries as the representative
of the country by whom they are despatched. They act as a link between the
country who despatch them and by whom they are accredited. Therefore, they
perform the act of diplomacy, which in lnternational Law means by which the
States maintain br establish mutual relations and carry out their legal or political
transactions based on their foreign policies.

Act of diplomacy may be performed by the head of State, Government, Minister

of Forelgn Relatlons or by and by dlploma c agents,

Classification of Diplomatic apents

Diplomatic agents accredited to a State differ in class. The Vienna Convention
on diplomatic relations, 1961 under Article 14divides diplomatic agents into
three classes. They are:

. Ambassadors accredited to head of State.

. Envoys, ministers accredited to the head of State.

. Charges d'Affairs accredited to Ministers of Foreign Affairs.

Diplomatic immunities and privileEes

lnternational Law confers diplomat c immunity on dlplomats from the exercise
of jurisdiction by receiving States, The principles governing diplomatic
immunities and privileges are among the most ancient and universally
recognised principles of lnternational Law.

Basis of Diplomatic immunitv and privileges

Different international jurists have divergent views as to the basis for giving
immunities to diplomatic agents. Their views led to the emer8ence of three
important theories which are as follows:

Extra-territorial Theory: This theory is also known as the flctional

theory. According to this theory, diplomatic agents are considered not
be within the territorial jurisdiction of the State to which they are
accredited, but to all times within that of the sending State. Extra-
territorially of diplomatic agents means that though diplomats
physically present upon the soil of the country to which they are
accredited but they remain for all purposes on the soil to which they
represent.
Representational Theory: According to this theory, diplomatic agents
are regarded as personal representative of the sovereign of the
sending State. Therefore, they are given the same degree of privileges
and rights which are given to the head of sending state.

Functional Theory:According to this theory, diplomatic agents are

given immunities because of the nature of their functions. The duties
which the diplomats perform are far from easy. ln other words, their
actions of duties are of typical or some special nature. They are allowed
immunities from the legal and other limitations of the State to which
they are accredited to effectively perform the tasks they are allotted,

Privileres and immunities of a Diplomat

Vlenna Convention on Diplomatic Relations of 1961 lays down the different

rights and privileges which are granted to diplomatic agents. They are as follows:

. lnviolability of Diplomatlc Agents: Diplomatic agents are inviolable is

a principle which is recognized in lnternational Law much before the
adoptlon of the Convention of 1961. Article 29of the Vienna
Convention lays down that "the person of a diplomatic agent shall be
inviolable". He shall not be liable to any form of arrest or detention,
and the receiving State shalltreat him with all due rbspect and should
take all appropriate to prevent an attack on his personal freedom and
dignity.
. The Government of receiving State by virtue of Article 29 is under a
duty to conduct to abstain from any form of conduct which is injurious
 to the diplomatic agents and also under a duty to prevent such
injurious conduct if attempted by another.
This does not mean that the immunity given to the diplomats is absolute.
The
receiving State has the power to arrest or detain the diplomatic agent in
exceptional cases For instance, a drunken diplomat with a loaded gun in a public
place can be arrested or if a diplomatic agent commits an act
of violence which
disturb the order and peace of receiving State in such a manner that it becomes
necessary to put him under restraint for the purpose of preventing similar acts.

I The receiving state must provide personal safety to the diplomatic

representatives
. Freedom of communication
. ln Palachi case the court held that Ambassadors must be provided
wlth safety measures and kept from all injuries
. The dlploma c representatives are lmmunlties from all crlmlnel
proceedings, They can be punished only after getting the consent of
the sending state.
. He is immune from clvil jurisdiction but the representative can warve
his right of immunity. Then the local courts can have.iurisdiction.
r 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,
r He has the privileges of worship of the god of his choice and private
wo rsh ip.
. The representative cannot be compelled to appear as a witness in civil,
criminal or administrative courts.
. The residence ofthe diplomatic representative is immense from local
jurisdiction. Asylum can be given in his residence
. Diplomatic atents are also exempt from local and military obligations

25.Examine the practices of states in relation to formation of termination of

treatv.

A treaty is an agreement or contract entered into between two or more states

 :

whereby they undertake to carry out obligations imposed onieach of

them. The law making treaties are an important Source of lniernational
Law. There are various grounds for the termination of the tleaty such as
expiry of specified period for which a treaty was concluded, fulfilment of
purpose or object, termination by mutual consent etc,

Treaties Meanins and Definitions -

gDDedd![i
Accordlng to Oppcnhllm lnternatlonal Treaties are atreements, of a
contractual character between States or ortanizations of States, creating legal
riEhts and obligations between the Parties. A treaty is an lmportant Source of
lnternational Law and an lnstrument for imposing the binding obligation.

Starke :
According to Starke, a treaty is an agreement whereby two or more states
establish or seek to establish a relationship under lnternational Law. ln short
Treaties are lnternational Agreements.

Termination of Treaties :

Treaties may terminate on any of the followlng grounds :

1) Expirv of Soecific Period :

When a treaty is concluded for a particular period, which expressly provided in
treaty contract then after the expiry of that period, treaty ipso facto comes to
an end,

2) Where the main purpose/obied of the treatv is fulfilled :

ln case of treaties imposing no continuing obligations, they cease to operate
on the fulfilment of the object.

3l TGrmlnatlon bv Mutual Cons.nt :

It Is an outcome of consensus, Treaty comes into existence by the consent of
the party State. So it can come to an end by mutual Consent.

4) One of the Partv State Extind :

When the existence of one of the party state comes to an end, generally in
case of the merger of one state into another state, the treaty stand
terminated.

5) When that oblisation of the treatv becomes incompatible with

the Charter of United Nations :

Article 103 specifically provides that in the event of a conflict between the
oblitations of the members of the United Nations and their obligations under
any other agreement, their obligations under the Charter shall prevail.

5l War Between Partv States :

ln a War, lf the Party States are the enemy against each other, then contractual
obligations come to an end and treaty ipso facto stand terminated.

7) Dissolution bv Withdrawal bv Notice :

The treaties can be dissolved by a notice by either party to the other party. tf
no period of the existence of the treaty is prescribed by the parties, then treaty
can be determined by the requisite period of the iermination of treaties by a
notice. When a prescribed period of notice is given expressly in the treaty then
it is to be stricth/ complied with.

By such treaty €lther wholly or partly the terms of treaty become tnjurlous to
one of the party state, thereby interest of one party state, likely to be
adversely affected. ln such circumstances, there is conflict as to term and
sovereignty of the state, whereby sovereignty of that state is in danger. lts
survival is more important than such obligations. ln such cases of conflict, the
law makes it very clear and contractual obligation comes to an end.

9) Non- Performance of certain Essential Conditions :

lf the Treaty grants a unilateral right of denunciation to one or all of the
consenting States in case of failure of certain essential conditions, the treaty
comes to an end on the happening of such contingency.

101 Doctrlnc of Rebus slc stantlbus I

The meaning of doctrine Rebus sic stantibus ls if by any unforeseen change, or

circumstanc€s an obligation provided for in the treaty should imperil the
existence of one of the State. and such state has a right to demand and to be
released from the contractual obligations. lt means when the terms of the
agreement are injurious to one of the party State, or the purpose of treaty js
over or there are changes in the circumstances, or there is conflict with the
status of or existence of one of the party State, or when the ob.iect of treaty is
no more there, then in such cases doctrine of Rebus Sic Stantibus is made
applicable and Treaty concluded comes to an end. This is based on the basic
principle of self Preservation and Development in accordance with the growth
and requirement of the nation.

11) Doctrine of Jus Cosens :

Lastly, a treaty may be declared void if it conflicts with a peremptory norm (it
also called jus cogens)of general lnternatlonal Law.

27.Write a note on Nottebhom's case,

Nottebohm was born a German national in 1881. He received citizenship through
naturalization from Liechtenstein (plaintiff) in 1939. Prior to this date, in 1905,
Nottebohm lived and performed substantial business dealings in Guatemala
(defendant), and returned frequently to Germany to visit family. Once Nottebohm
received his citizenship from Liechtenstein, he returned to Guatemala and
Guatemalan authorities updated his nationality in the Register of Aliens. On July
17, 1941, the United States blacklisted Nottebohm and froze all his assets which
were located in the United States. War broke out between the United States and
Germany, and between Guatemala and Germany, on December 11, 1941.
Nottebohm was arrested in Guatemala in 1943 and deported to the United states,
where he was held until 1946 as an enemy alien. Once released, Nottebohm
applied for readmission to Guatemala, but his application was refused. Nottebohm
moved his residence to Liechtenstein (where he was a citizen), but Guatemala had
already taken steps to confiscate Nottebohm's property in Liechtenstein.
Guatemala succeeded in 1949. Liechtenstein instituted legal proceedings against
Guatemala in the lnternational Court ofJustice (lCJ), requesting the court declare
Guatemala had violated international law "in arresting, detainini, expelling and
refuslng to readmlt Mr. Nottebohm and ln seizing and retainlnt hls property."
Additionally, Liechtenstein requested the ICJ to order Guatemala to pay
compensation as reparation. Guatemala defended by contesting Nottebohm's
Liechtenstein nationality.

28.Write a note on Extradition,

lntroduction:
The term 'extradition'origlnates from two Latin words-'ex'meaning'out' and
'tradium'meaning'give up'. lt is based on the Latin legal maxim "aut dedere
aut judicare" meaning "either extradite or prosecute".
As Oppenheim defined, "extradition is the delivery of an accused or a
convicted individualto the State on whose territory he is alleged to have
committed or to have been convicted of, a crlme by the state on whose
territory he happens for the time to be,,.

As Chief Justice Fuller observed in the case of Terlinden v. Ames (1902),

"extradition is the surrender by one nation to another of an individual accused
or convicted of an offence outside of its own territory and within the territorial
jurisdiction of the other which, being competent to try and punish him
demands the surrender".

What is extradition?

Extradition is the formal process of one state surrendering an individual to

another state for prosecution or punishment for crimes committed in the
requestlng country's jurisdictlon. lt typically is enabled by a bilateral or
multllateral treaty. Some states will extradlte without a treaty, but those
cases are rare,

What is in an extradition treatv?

Treaties signed in recent decades tend to take a "dual criminality',

approach, classifying as extraditable all crimes that are punishable in both
.jurisdictions, Older extradition treaties, by contrast, tend to list covered
offenses. For instance, the treaty between Albania and the United States,
signed in 1933, includes an inventory of more than two dozen crimes,
including murder, rape, arson, and burglary. Many extradition treaties only
allow extradition for crlmes that carry a punishment of more than one
year.

Treaties also define instances when extradition is to be denied. For

instance, authorities generally cannot extradite individuals for military or
political offenses, with exceptions for terrorism and other violent acts.
Some states will not extradite to jurisdictions with capital punishment or
life imprisonment under any circumstances, or unless the requesting
authority pledges not to impose those penalties.

Other common provisions deal with nationality (many states will not
extradite their own cidzens, or will only do so on a limited basis), double
jeopardy, statutes of limitations, administrative expenses, legal
representation, and transfer of evidence.
Purpose of extradition

To Drevent escape from punishment

Most fugitive convicts or accused persons run from the competent jurisdiction
to other countries hoping to escape from the impending punishment for the
offence they are convicted or accused of. Such un.iustlfiably motivated accused
persons or convicts should be extradited so that their offences may not go
unpunlshed.

Extradition as a deterrence

Every successful extradition acts as a red flag to the criminals intending or

planning to flee from the territory of the juridically competent state. 5o,
extradition has a deterrent effect on criminals.

To maintain oeace in the territorialstate

lf the convicts or accused persons are not extradited by the territorial state, it
will send a wrong message to the criminals intending or planning to escape
from the territorial clutches of the juridically competent state. lf the territorial
state refuses to extradlte the convlcts or accused persons residlng within its
territory, it will further motivat€ more such persons to flee into it. Thus, such a
country may end up becoming a haven for international criminals, ultimately
threatening the safety and peace within its territory.

29.What is interventioni Discuss the different tvpes of intervention?

1) lntervention -

lntervention is dictatorial interference by a state in the affairs of another state

for the purpose of maintaining or altering the actual condition of things. Ihe
lntervention prohibited by international law is actually defined as dictatorial
interference by a state in the affairs of another state, A Dictatorial interference
ls an interference by the threat or use of force.,,,., it is evident that general
lnternational Law does not prohibit intervention under all
circumstances: forcible interference in the sphere of interest of another State
ls permitted as a reaction aSainlt a violation of lnternatlonal law,
fhere are three different kinds of intervention which are lnternal, External and
Punitive.
2) Provision in the United Nations Charter

Article 2 of the United Nations charter implicitly prohibits intervention on the

part of lndividual State when it ordains the members to refrain in the
lnternational relations from the threat or use of force against
the territorial integrity or political independence of any State. lnternational
Law, however, permits intervention as dictatorial interference by one State in
the affairs of another State, "only as reaction of former against violatjon of its
right by the latter, Such a doctrine is posslble only if
the bellum iustum principle is recognized,
Kinds of lntervention

There are three different kinds of intervention which are lnternal, External and
Punitive

(l) lnternal -

It is the interference by one state between the disputing sections of the

community in another State either for protection of legitimate Government or
the insurgent. ln the year 1936 nulnber of States intervened in the civil war of
Spa in,

( lll External -

It is the interverltion by one state in the relations -- generally of the hostile

relations--- of other States. lt is, in other words, an intervention in the Foreign
Affairs of another State, such intervention being directed against hostile
relations of such State. This kind of intervention is tantamount to the
declaration of War. The entry of lta y in the Second World War siding with
Germany against Great Britain provided an example of external
intervention.

( lll) Punitive .
i
It is a punltlve rdeasure falling short of War and is ln the nature of a reprlsal
for an injury suffered at the hands of another State. lt is frequently carried out
by stronger Nations towards weaker nations. A Pacific blocked to compelthe
observance of Treaty engagements or to redress some breach of the law of
affords an illustration of this type of intervention.
30.Write a note on Pact scent Servande,
ScoDe Of Pacta Sunt Servanda

According to Article 18 of the VLCT, states are asked to refrain from doing any
acts which would hamper the outcome of the treaty, This is under the
prerequisites that it has signed the treaty that has been subsequently ratified.
This is until it has made its intentions clear that it does not want to be a party to
the treaty. This is also subject to the fact that its entry into the treaty has not
been unduly delayed.

Under this principle, certain laws are also declared to be recognised and are thus
valid. lt ratifies the principle of 'lex specialis'and ascertains that laws must be
obeyed.

Exercislnr Pacta Sunt Servanda

Judge Lauterpacht in the case of Norwegian loans case in 1957 observed that
"U nq uestionably, the obligation to act in accordance with good faith being a
general principle of law" is also a part of international law.

According to Article 27 of the Vienna Convention, one can not use the defence
that their domestic laws prevent them to act out a treaty which they consented
to, but in certain cases where the treaty violates a 'fundamental internal law' of
the country who has consented, then thetreatywill be deemed irivalid. (Section
46 of the Vienna Convention)

ln the case of'treatment of Polish Nationals and Other Persons of Polish Origins
and Speech', it was held that one cannot expect a consenting country to violate
their own constitution in order to abide by rules of a treaty.

Thus, if the treaty does not violate a fundamental law.the countries must abide
by the rules of the treaty even if they are non-enforceable by their municipal
laws. ln some cases, the countries are required to incorporate laws from the
treaty in their own municipal laws. The 'Convention on the Settlement of
lnvestment Disputes Between States and Nationals of Other States' provides
that countries shall be required to take legislative steps in order to ensure that
the guidelines of the treaty are followed. Article 18 of the Vienna
Convention provides that States must refrain from acts that would defeat the
purpose of the treaty. This duty becomes enforceable only when the country
has signed or exchanged instruments which constitute ratification of the treaty.
This duty applies even if the entry of the treaty becomes enforceable later on.
The words 'defeat the object and purpose of the treaty, were inserted and
replaced.by the words 'tending to frustrate the object of a proposed treat, as
such words seeried vague.

Article 25 of the Vienna Convention allows for certain clauses of the treaty to be
changed in the future. This is subject to the fact that the treaty explicitly states
that such clauses can be changed in the future and that such changes do not
defeat the purpose of the treaty itself.

31.What is Asvlum? Explain the different tvpes of Asvlum?

lntroduction:
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 ofcertain
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,
Accordins to strake asvlum involves the followins 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,
There are two types of Asylum are as follows :

A) Territorial Asylum; and

B) Extra-territorial Asylum

A) Territorial Asvlum :
Territorial Asylum is granted by a State on its Territory, it is called Territorial
Asylum. The right to grant asylum by a State to a person on its own territorV
flows from the fact that every State exercises territorial sovereignty over all
persons, on its territory to any one. The grant of territorial assylum therefore
depends upon the discretion of a State which is not under a legal obligation to
Srant asylum to fugitive, As no precise rules as to grant of territorial asylum.
General Assembly call upon the lnternational Law Commission in 1959 to
undertake the codification of the principles and rules of international law
relating to right of asylum. On L4th December L967 General Assembly adopted
Declaration of Territorial Asylum through the adoption of resolution. The
declaration consists of a Preamble and four Articles dealing with the principles
relating to the grant of refusal of asylum. This Declaration provides that the
right to seek and enjoy asylum may not be invoked by any person with respect
to whom there are serious reasons for considerlng that he has committed a
crlme aSalnst peace, a war crimes and crimes against humanlty, Article 4 of
the this Declaration provides that the State granting asylum shall not permit
persons who have received asylum to engage in the activities contrary to the
purpose and principles of United Nations. From the above provisions of the
declaration it is clear that State does not have absolute ri8ht to grant asylum.
The grant of asylum is a part of which cannot be exercised in respect of
lnternational crimes including genocides.

Some examples of territorial Asvlum -

1) ldi Amin have been given by Saudi Arabia.

2) Baby Dok have been given asylum by France.

3) Dawood lbrahim mafia Don is given as\/lum by Dubai Government.

4) Salman Rushdie for his controversial novel Satanic Verses given Asylum by
Great Britain.

5) Taslima Nasreen a Bangladeshi writer for her novel Lajja granted asylum by
Sweden.

6)Tiger Menon, wanted in Bombay Bomb blast case, granted asylum by

Pakistan,

7) 0alai Lama and his followers was granted asylum by government of lndia,

Extra-territorial Asvlum -

Active protection is given outside the territory not belonging Io the state
granting it. Thus when Asylum is granted by a State at places outside its own
territory. lt is called extra-territorial Asylum'.lt usually describes to those cases
in which a State refuses to surrender a person demanding who is not upon its
own physical territory but is upon one of its public ships lying in foreign
territorial borders or upon its diplomatic premises within foreign territories.
Thus Asylum is given at legation, consular premises and warships are the
instances of extra-territorial asylum.

1. Diplomatic Asvlum / Asvlum in lesation :

Since granting extra-territorial Asylum or diplomatic Asylum involves a

derogation from the sovereignty of the State, lnternational law ordinarily
does not recognize a right to Brant asylum in the premises of legation.
But asylum may be granted in the legation premises in the following
exceptional cases.

1) lndividual who are physically in danger from violence.

2) Where there is well established and binding local custom.

3) When there is a special treaty between territorjal State and the state of
Legation concern.
Asylum in consular premises -

2, The above principle also apply in the case of Grant of asylum in consular
premises.

3. Asvlum in the Dremises of international institution -

Though lnternational Law does not recognise any rule regarding the grant of
asylum in the premises of lnternational institution, however, temporary
Asylum may. be granted in case of danger of imminent violation.

4.Asvlum in Warship -

There are conflictint views to grant of asylum in warship, but it is argued that
Asylum may be pranted to polltical offenders.

As far as a asylum Warship is concerned, it may be granted on the ground of

humanity, in cases if extreme danger to the individual seekinB it. Thus , right to
grant asylum on Warship may be granted in the same way in the case of
Legation and also subject to the operation of the same conditions.
5. Asvlum in Merchant Vessels -

since merchant vessels do not en.ioy immunity from local jurisdiction, they are
not competent to Grant asylum to local offenders. Thus, if a person after
committing a crime on shore seeks asylum on board a forei8n merchant ship
he may be asserted by the local police, either before the ship leaves the port or
when it comes into another port of the same State. There is, therefore a rule
that asylum is not granted on merchant vessels. However, State may grant
asylum if they conclude a treaty to this effect.

6.Asvlum in the premises oJ international lnstitutions:

Whether a person taking refugee in the premises of an international institution

or organisation would be granted asylum is a question which cannot be given
with certainity in the absence of any rule irl'this regard and also because of lack
of practice. However, a right to Brant temporary refuge in an extreme case of
danger from mob cannot be ruled out.

Thus, in Extra-territorial or diplomatic

Asylum, Asylum can be granted in
exceptional cases and it is necessary to establish legal basis in each particular
case.

32,What is nationalitv? Explain the international importance of nationalitv.

Nationalitv
ln law, nationality refers to the membership of a nation or a sovereign state in
addition to the political rights and other privileges accompanied with it. E.g.
American Indians were referred to as non-citizen nationals before the Native
American Citizenship of 1924 was passed. Often confused with citizenship,
nationality, is a different concept. lndividual persons, corporations, ships and
aircrafts, all have a nationality, but for legal purposes only.

The UNs Universal 0eclaration of Human Rights (1948) stated that nationality is
an inalienable right of every human being and no one shall be deprived of
his/her citizenship. lt is nationality which brings all the individuals under the
purview of international laws.

Charles G. Fenwick - Nationality may be defined as a bond which unites a

person to a Siven State, which constitutes his membership in the particular
State, which tives them a claim to the protection of that state and which
sub.jects him to the obligations created by the laws of that State

J.G Starke - Nationality may be defined as the legal status of membership of

the collectivity of individuals whose acts, decisions and policy are vouchsafed
through the legal concept of the Siate representing those indivlduals,

lnternational importance of nationalitv

1. Entitlement to exercise diplomatic protection -
. The right involved is one of customary international law, of the state of
nationality, not the individual.
. lt is unconditional and is unlimited in time, but while states may provide
a right to diplomatic protection to their nationals in their municipal laws,
in terms of international law its exercise is at the complete dlscretion of
the state.
. According to the Principle of equality, found in Article 4 of the 1930
Hague Convention on Certain Questions Relating to the Conflict of
Nationality Laws, "a State may not afford diplomatic protection to one of
its nationals against a State whose nationality such person also
possesses".
. According to the principle of effective or dominant nationality (or,
genuine or effective link, mentioned above), applied only vis-i-vis third
states in the 1930 Hague Convention, the multiple national is to be
treated as only possessing one Nationality.
2. State responsibilitv for nationals
. Shearer states that "the state of which a particular person is a national
may become responsible to another state if it has failed in its duty of
preventing certain wrongful acts committed by this person or of
punishing the person after these wrongful acts are committed"
. But the internationaily delinquent act must be imputable to the state
itself, not just to its national generally.
3. Dutv of Admission
. A state must Brant its nationals entry onto its territory and allow them to
reside there, and is under an obligation not to expel them
. This is because it is "an accepted rule of international law that states are
not unless bound by treaty obligations under an obligation to grant to
aliens an unconditional and unlimited ritht of residence, though they
may not expel them arbitrarily and without just cause". Thus a state that
 refuses to admit its nationals, or expels them to a state unwilling to
receive them, violates a fundamental duty of positive international law
in relation to territorial supremacy.
4. The Risht to Refuse Exkadltion
. A "state has a general right/ in the absence of a specific treaty binding it
to do so, to refuse to extradite its own nationals to another state
requestlnS surrender",
. Shearer notes that most relevant treaty provisions either bar such
extradition absolutely provide that the states concerned "shall be under
no obligation to surrender their own nationals". He traces the origins of
the practice to antiquity,
6.Determination of enemv status in wartime
. Weis notes that nationality is sometimes used in municipal legislation as
far as determining "enemy character" in wartime, but emphasises the
distinction between the two notions,50 He notes that:
. Each belligerent State is free to apply - without prejudice to existing
treaty obligations its own laws for determining enemy character.,,.
Moreover, nationals of a neutral State acquire enemy character ifthey
have in some way, identified themselves by their conduct with the
enemy, e.9., by joining hls armed forces: they have become assimilated
to enemy nationals. This applles even to the belligerent's own subjects,
7. Exercise of Jurisdiction
Nationality is one or the key bases upon which states exercise jurisdiction over
individuals, on a personal basis as opposed to a territorial one, jurisdiction
which may be characterised as very broad, According to the protective (or
security) principle of jurisdiction, "international law recognises that each state
may exercise jurisdiction over crimes against its security and integrity or its
vital economic interests".

Other importance of Nationalitv:

. The rlght of protection diplomatic representatiyes are available
because of nationality
. Ordinary states do not refuse to accept its nationals in extradition
o One of the effects of the nationality is that the stete has a right to
refuse extradition of own national
. By the p ractice of many states at thetimeofwartheenemycharacter
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
. lt 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
. lt the duty of a state to receive back its own nationals to its territory
is
. A state has a general rightto refuseto 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

UNIT-V

ICJ Composition
The lO is composed of 15 judges.

The judges have a tenure of nine years each.

They are elected independently by the UNGA and the UNSC. The
candidate should get an absolute majority in both the UNGA and the
U NSC to be elected.

No two judges can have the same nationality in the lCJ.

Elections are held every three years for one-third of the seats, and retirint
judges may be re-elected.
The members of the ICJ do not represent their governments but are
independent magistrates.
The judges must possess the qualifications required in their respective
countries for appointment to the highest judicial offices, or be jurists of
recognized competence in international law.
The judges are distributed as per the regions:
. 3 from Africa
. 2 from Latin America and the Caribbean
.from Asia
3
.
5 from Western Europe and other states
.
2 from Eastern Europe
Among the 15 judges, there is a President, a Vice President and a
Registrar.
 Every State government party to the Charter design'ates a Eroup that
proposes candidates for the office of ICJ judges.

ICJ Jurisdiction

The lO has two types of jurisdictions:

1. Contentlous cases
1. lCJ, in accordance with international law, settles disputes of legal
nature that are submitted to it by states.
2, Countries should apply and only then appear before the lCJ.
lnternational organisations, other authorities, and private
individuals are not entitled to institute proceedings before the lCJ.
3, :Ihe Court can only deal with a dispute when the States concerned
have recognized its jurisdiction.
4. The judgment is final, binding on the parties to the case and without
an appeal.
2. Advisorv opinions
1. The advisory procedure is available to five UN Organs, fifteen
Specialized Agencies, and one Related 0rganisation.
2. Despite having no bindint force, the Court's advisory opinions
nevertheless, carry great Iegal weight and moral authority and thus
help in the development and clarification of international laws.

There is also a distinction between mainline and incidental j urisdictions.

. lncidental jurisdiction relates to a series of miscellaneous and

interlocutory matters; for example, the power of the Court to decide a
dispute as to its own jurlsdiction in a tiven case; lts general authority to
control the proceedings; its ability to deal with interim measures of
protection; and the discontinuance of a case.
. l\4ainlinejurisdiction, on the other hand, concerns the power ofthe Court
to render a binding decision on the substance and merits of a case placed
before it.

34.ExDlain the puroose and principles of united nations orEanization,

The United Nations is an international organization that was created after

World War ll to promote global peace and security, lt has a complex structure
and prlnciples that can be dlfficult to understand for those who are not famlliar
with it. ln this article, we will discuss the purpose, structure and principles of
the United Nations in detail. We will also explore how it has changed over the
years and what the future of the UN may look like.

What ls UN?

The Unlted Natlons ls aI lnterna onal organlzatlon that was founded ln 1945,
Its members are nations that have signed the UN Charter, which sets out the
UN's purpose, structure and principles,

The UN's purpose is to maintain international peace and security, to promote

human rights and to provide a forum for discussion of global issues.

Core Purpose Of United Nations Orsanization

The United Nations is an internatidnal organization whose primary purpose is

to promote and maintain international peace and security. To achieve its goals,
the UN relies on several structures and principles, including member states,
lnternatlonal law, and collectlve securlty,

The United Nations is guided by the following principles:

-Respect for the sovereignty and territorial jnteBrity of member statesj

-Non-interference in the internal affa irs of member statesj

-Equal rights an{ self-determination of peoples;

-Friendly relations among nations; and

-Cooperation in solvint international problems.

The United Nations also upholds the rule of law, human rights, and gender
equality. The UN Charter contains these basic principles that all members are
expected to uphold. ln return, the UN provides a forum for jts members to
peacefully resolve disputes, overthrow aggression, promote social progress,
and protect human rights. The Security Council is one example of how the UN
works to maintain international peace and security, The General Assembly is
another example of how the UN works to promote social progress and protect
human rights. The General Assembly is the main deliberative organ of the UN
where all member states are represented. The Security Council is the main
executive organ of the UN responsible for maintaining international peace and
security, The Economic and Social Council is another important UN or8an that
coordinates the work of over 30 specialized agencies, programs, and funds to
promote economic and social development worldwide,

The United Nations also has several subsidiary organs that carry out specific
functions to support the work of the organization as a whole, These subsidiary
organs of UN include:

-the lnternational Court of .Justice;

-the United Nations Secretariat;

-the United Nations Educational, Scientific and Cultural Organization;

-the United Nations Children's Fund;

-the United Nations Development ProBramme;

-the United Nations Environment Pro8ramme;

-the United Nations Refugee Agency, and

-the World Food Programme.

The UN also has several specialized agencies that are affiliated with.the
organization, but operate independently. These specialized a8encies include:

-the lnternational Labour Organization;

-the World Bank G roup;

-the lnternational Monetary Fund; and

- UNESCO.

The UN ls flnanced through assessed and voluntary contributions from

member states. The General Assembly approves the budget and decides how
the funds will be spent. The Secretariat is responsible for administering the
budget and for carrying out the day-to-day work of the UN.

35.Explain the functions and powers of securitv council.

United Nations Securitv Council

The United Nations Security Council (UNSC), established in 1945, is one of the
United Nations'five principal organs, charged with maintaining international
peace and security, as well as accepting new members and approving any
changes to the UN Charter.

UNSC has the authority to establish peacekeeping operations, impose

international sanctions, and authorise military action through Security Council
resolutions; it is the only UN body with the authority to issue binding
resolutions to member states.

The UN Security Council's role in international collective securlty is deflned by

the UN Charter, which authorises the Security Councilto investigate any
situation threatening international peace; recommend procedures for peaceful
dispute resolution; and call on other member nations to completely or partially
disrupt economic relations, as well as sea, air, postal, and radio
communications. The United Nations Security Council was created with certain
key features and powers in mind.

The following are the tJnited Nations Security Council's {UNSC) functions and
powers:

The UN Security Council's prlmary function ls to maintain international peace

and security, lt takes the lead in determlnlng whether a threat to peace or an
act of aBgression exists.
Aside from maintaining peace, the Security Council has the authority to send
UN peacekeeping missions and impose sanctions on states.
lf necessary, the UN Security Council can also sever diplomatic relations,
impose financial restrictions and penalties, blockades, and even collective
military action.

Under the United Nations Charter. the functions and powers of the Securitv
council are:
. to maintain international peace and security in accordance with the
principles and purposes of the United Nations;
. to investigate any dispute or situation which might lead to international
friction;
. to recommend methods of ad.iusting such disputes or the terms of
settlemenU
. to formulate plans for the establishment of a system to regulate
armaments;
. to determlne the existence of a threat to the peace or act of aggression
and to recommend what action should be taken;
. to call on Members to apply economic sanctions and other measures
not involving the use of force to prevent or stop aggression;
. to take military action against an aggressor;
. to recommend the admission of new Members;
. to exercise the ftusteeship functions of the United Nations in "strategic
areas";
. to recommend to the GeneralAssembly the appointment of
the Secretary-General and, together with the Assembly, to elect the
Judges of the lnternational Court of lustice.

36.Write a note Calvo clause.

ln international law, the Calvo Doctrine is a policy that guides or regulates the
jurisdiction of governments in international disputes and treaties. Notably, the
Calvo Doctrine or Calvo Clause prohibits the use of force in collection of debts
and directs that the country in which an investment is located holds the
jurisdiction in settling the dispute,

How do.s thc Calvo DoctrlnG Work?

The Calvo Doctrine was developed in 1868 by Carlos Calvo, a legal scholar and
diplomat from Argentina. ln his book titled the lnternational Law of Europe and
America published in 1858, Carlos Calvo set out some international rules
guidint the collection of indemnities and the authority that countries can
exercise over aliens in international disputes.

According to a Calvo clause, an alien that signs a contract containing this clause
aBrees to the jurisdiction of a specific government.

After Carlos Calvo advanced the Calvo Doctrine in 1868, the doctrine was
further articulated by Luls Mara Drago, the Argentlne foreign minister in 1902.
This articulation birthed the Drago Doctrlne, stating that public debt cannot

l
occasion armed interventjon nor even the actual occupation of the territory of
American nations.

Established in 1945 under the Charter of the Unlted Nations, the General
Assembly occuptes a central posltlon as the chief dellb€raflve, poltcymaklng
and representative organ ofthe United Nations. Comprised ofall 193
Members of the United Nations, it provides a unique forum for multilateral
discussion of the full spectrum of international issues covered by the Charter. lt
also plays a central role in the process of standard-setting and the codification
of international law,

The Assembly meets from September to December each year (main part), and
thereafter, from January to September (resumed part), as required, including
to take up outstanding ieports from the Fourth and Fifth Committees. Also
during the resumed part of the session, the Assembly considers current issues
during hith-level thematic debates orSanized by the president of the General
Assembly. DurlnB that period, the Assembly tradltlonally also conducts
informal consultations on a wlde range of substantlve toplcs towards the
adoption of new resolutions.
Functions and powers of the General Assemblv
The Assembly makes recommendrtions to States on international issues within
its competence. lt has also taken actions across all pillars of the United
Nations, including with regard to political, economic, humanitarian, social and
Iegal matters. In September 2015, the Assembly agreed on a set of 17
Sustainable Development Goals, contained in the outcome document of the
U nited Nations.

Accordlns to th€ Charter of the Unlted Natlons, th€ General Assemblv mayi
Consider and a'pprove the Unlted Natlons budget and establtsh the financial
assessments of Member States
Elect the non-permanent members of the Security Council and the
members of other United Nations councils and organs and, on the
recommendation of the Security Council, appoint the Secretary-General
Consider and make recommendations on the general principles of
cooperation for maintaining international peace and security, including
disarmament
Discuss any question relating to international peace and security and,
except where a dispute or situation is currently being discussed by the
Security Council, make recommendations on it
Discuss, with the same exception, and make recommendations on any
questions within the scope of the Charter or affecting the powers and
functions of any organ of the United Nations
lnltlate studies and make recommendations to promote international
political cooperation, the development and codification of international
law, the realization of human rights and fundamental freedoms, and
international collaboration in the economic, social, humanitarian, cultural,
educational and health fields
Make recommendations for the peaceful settlement of any:situation that
might impair friendly relations among countries
Consider reports from the Securitv Council and other United Nations organs

The Assembly may also take action in cases of a threat to the peace, breach of
peace or act of aggression, when the Security Council has failed to act owing to
the negative vote of a permanent member. ln such instances, according to
its "Uniting for peace" resolution of 3 November 1950, the Assembly may
conslder the matter immedlately and recommend to lts Members collective
measures to maintain or restore international peace and secuiity,

38.Explain the main features of lnternati6nal labour orsanisation.

Symbolising socialjustice, world peace, and the dignity of humans, the ILO was
founded in 1919. The Peace Conference created the lnternational Labour
Organisation (lLO) in Versailles held on April 19, 1919, as an independent
agency, lnternational Labour Organisation (lLO) was the only institution or
organisation that remained after World War llwhen the League of Nations was
abolished. An international labour standard system has been sustained and
improved by the lnternational Labour Organisation (lto) since 191"9 to provide
men and women alike with the opportunity to work in an environment that
promotes thelr rights and dignity. To ensure that everyone benefits from a
Srowint tlobal economy, standards of international importance are an integral
part of the framework,

Historv of the lnternational Labour Organisation

ln 1946, lL0 was designated a United Nations specialised agency, As a new
social organisation, the lnternational Labour 0rganisation (lLO) seeks to raise
awareness about the potential impact of unfair working conditions on global
peace. lt is concerned with issues relating to international labour. The
lnternational Labour Organisation (lLO) is unique since it comprises companies.
workers, and government representatives. The government, which provldes
the funding, the employees for whom it is formed, and the employers, who
have the responsibility regarding the well-being of workers, are its three main
elements.

Obiectives of the lnternational Labour Organisation

The objectives cjf the international labour organisation are:

Workers who are satisfied with their jobs are more likely to be employed,
encouraging fu ll employment and raising their quality of life.
To ensure that this goal is met and that all parties are protected, it is necessary
to provide enough training and labour transfer facilities and reasonable
assurances for dveryone involved to achieve this eoal,
To guarantee that all workers get a fair share of development benefits,
including a living wage, by implementing wage and benefit laws that consider
th is.
An effective acknowledgement of collective bargaining, manaBement and
labour's cooperation in improving productivity, and workers and employers are
workinB together on social or economic initiatives.
To extend social security measures so that everyone in need of such protection
and adequate medicalcare receives a basic monthly income.
To ensure that all employees' lives and health are adequately safeguarded.
The protection of pregnant women and children.
Ensure that people have access to food, shelter, and recreational and cultural
resourceS,

Functions of the lnternational Labour Orqanisation

There are several international labour organisation functions which are
outlined below:

Standardisation at the lnternational Level

Adopting international standards is the most prominent method in tLO's
efforts. Other methods have been increasingly used to develop international
standards, even if Conventions and Recommendations remain the primary
tools, ln addition, there are-
Committee and ad hoc conferences have approved resolutions and conclusions
at their meetings,
lndustry-specific resolutions and reports are approved by organisations that
represent the interests of their members.
Recommendations from regional meetings and conference resolutions.
lndependent bodies make social security decisions.
Models for a variety of topics.

The Development of lnternational Labour Standards

Creating worldwide labour standards on various labour and social issues is a
major focus ofthe lnternational Labour Organisation (lLO). Adoption of
Conventions and Recommendations is the primary method of doing this. From
fundamental human rights to employment to industrial relations to social
securitv to employment for children and women to labour administration to
social policy to topics affecting special-category employees, these conventions
have addressed many issues.

lnformatlon Gatherlnr, Dlstrlbutlon, and Publlcatlon

The lnternational Labour Organisation (lLO) has long served as a clearinghouse
for data on matters of social issues and labour and a publisher. The
lnternational Labour Organisation (lLO) gathers and disseminates information
on societal and labour issues worldwlde. The lnternational Labour organisation
{lLO) is often considered a reliable source of statistics data. The process of
gathering data is aided and supported by research.

It is the lnternational Labour Organisation (ltO)that p'roduces original

publications based on major international social and labour issues, such as
standard reference data, technical guides of specialised topics, templates of
practice on security and health in the occupation sector, workers' education
materials, and textbooks on management.

Research and Analvsis

Many studies and research projects have been carried out under the direction
of the lLO, and the findings have been published. The working environment,
industrial safety, occupational health and workforce development have been
discussed as a part of the international labour organisation functions.

Trainins
ln the eyes of the lnternational Labour Organisation (lLO), education is of the
utmost significance. The lnternational Labour Organisation (lLO) has a primary
function in the area of training as an adviser. Experts, designs and assistance
for a wide range of programmes relating to training, such as the ones for the
jobless, women, and particular target groups, are accessible to governments,
social partners, private trainers, and public and private trainers.

Conclusion
The lnternational Labour Organisation (lLO) aims to improve the workint
conditions of workers, believing that social fairness is the foundatton of
permanent peace. While conforming to international labour and human rights
standards, it also supports creating new jobs and the notion ,,dignified
of
work.", The ILO is dedicated to advancing workers, human rights across the
world. Freedom of assoclatlon, the eradlca on of chlld labour, and promoflng
socialjustice are thelr three main ldeas. As per the objectives of the
international labour organisation, the governing body develops policies and
programmes to meet the demands of the world,s labour force in general.
The
policy ensures all employees have equal opportunity, are appreciated for their
work, and get a fair salary.

39.Write a note on WTO.

World Trade Orsanization

The World Trade Organization (WTO) is the global international organisation

dealing with the rules of trade between nations. The WTO agreements,
negotiated and signed by the majority of the world's tradlng nations and
confirmed by their parliaments, are at its heart. The objective is to make
trading as seamless, predictable, and unrestricted as feasible. The World Trade
Organization (WTO) serves a variety of purposes: it administers a worldwide
system of trade regulations, serves as a venue for negotiating trade
agreements, resolves trade disputes among its members, and assists
developing nations.

Historv of WTO

The WTO succeeded the ceneral Agreement on Tariffs and Trade (GATT)
It was established in 1947
The World Trade 0rtanization (WTO) was established in 1995
There have been several rounds of discussions, and the Doha round of talks,
which began in 2001, is still ongolng
Following World War ll, 23 nations iigned the General Agreement on Tariffs
and Trade (GATT), which entered law on January 1, 1948
The World Trade Organization (WTO) absorbed the GATT in 1995, extending it

eneral Agreement on Trade in Services

The WTO's member nations make all significant decisions, either via therr
ministers (who convene at least every two years) or through their ambassadors
or delegates (who meet regularly in Geneva)
. The Agreement on Agriculture (AoA), the General Agreement on Trade in
Services (GATS) and the Agreement on Trade-related Aspects of lntellectual
Property Rights (TRIPS) are all key WTO agreements (TRIPS)
. The Uruguay Round's outcomes went into force in January 1995, and one of
the most significant successes was the founding of the,General Agreement on
Trade in Services GATS
. The GAIS was motivated by basically the same goa ls as its merchandise trade
cousln, the GATT
. All WTO members are also members ofthe GATS, and have accepted
commitments in various servlce sectors to dlfferlng degrees

Achievements of WTO

. The WTo has enabled a huge increase in cross-border economic activity by

creating binding standards for global trade in products and services
. The WTO has not only increased trade value and volume but also contributed
to the removal of trade and non-trade barriers
. Since 1995, the value of global commerce has nearlytripled, whilethevolume
of global trade has increased by 2.7 times
. The long-term lncrease in a country's national income has stemmed from
domestic changes and vows to open the market
. An increase in GlobalValue Chains is due to WTo-created market conditlons
and better communication
. Trade inside these value chains accounts for over 70 percent of total product
trade
. The World Trade Organization {WTO)gives special attentionto the world's
poorest countries
. All WTO accords acknowledgethe need for maximum flexibilityand the need
for better-off members to take further steps to eliminate import bErriers on
exports from LDCs

lssues with WTO

. The organisation's orientation is perceived to be pro-Western

. As a result, the WTO's existence is beint questioned
. Non-compliance with existing regulations and even WTO Dispute Resolution
Authority judgments, as well as a deadlock on crucial topics
. ln recent years, the United States has taken several unilateral actions, refusing
to abide by the organisation's collective decisions or even the Dispute
Resolution Authority's rulings
This has made thints touth for other countrles that have put tileir falth ln
the
process and expressed legitimate trade concerns I

The gridlock that has been developed on so many topics has inipeded
the
organisation's operation as well as the global economic recovelv
Trade agreements such as the Regional Comprehensive Econorlnic eartnership
(RCEP) have been reached outside of the WT,s authority I

4o.write a note on Veto power.

I

ln simple words, the meaning of the word veto is the right to l.Jj"., . propor.l
or decision. Apart from the permanent members ofthe UN, th{ president of
lndia also has veto power, When implemented for an ethical arld future aspect,
veto power is a powerfultoolexerclsed wlthln a toverntng bodt. lf an tssue ls
vetoed, that docsn't mean lt has no tmportance, but lt ts symbdllc suppon to
'
an lssue ralsed, Slmilaily, veto power can also be misused. |
veto Power tn the uN I

After the second world war, 51 countries united to form an o.gfnir",ion

known as the UN or United Nations. lt was founded mainly to nlraintain security
and peace and develop friendly relations between nations. ThelUN council
currently has fifteen members, out of which five members are
[ermanent and
known as P5, while ten countries are non-permanent memberslelected for two
years. The P5 members of the UN are China, Russia, France, Th{ united states
and The United Kingdom. The non.permanent members are ln{ia, Kenya,
Mexlco, Tunisla, VIetnam, Norway, Nlger, Salnt Vlncent, Estonl{ and
Grenadlnes. I

According to the UN council, all decisions have to be made ac.f,rding to Utt

permanent members. Ilowever, any permanent members can dlock the issued
resolution by using their veto power to defend the foreign polidy of their
national interest. To date,293 vetoes have been cast in the UN houncil, with
almost half of the total cast alone by Russia or the Soviet Unionl t.e., 1a3. The
United Kingdom has used its veto power about 32 times, and tde United States
has used 83 vetoes. Thc first veto was cast on 16 February 194d. The veto
power cannot be applied during the emergency session of the gleneral
assembly. I

The Veto Power of the President I

 Just like the P5 members ofthe UN, the President also has veto power. ln our
country, the lnPian President has three veto powers. When a bill or resolution
is passed in an iassembly, it becomes an act, but the President must approve it.
The President has three options concerning the bill, either the President can
return the bill, reject the bill or simplv withhold the bill. The choice of the
Presldent to choose his power over a bill ls called his veto power. The
President's veto power is of three types: absolute veto, pocket veto, and
suspensive veto. The President can choose to use any veto power if they
disagree with ttrre sentiment of the bill.

The first-ever dresident to Lise veto power in lndia was Zail Singh. Zail Singh
was the PresidFnt of lndia from 1982 to 1987. He exercised pocket veto and
prevented the Post Office bill of amendment from becoming law. The
llndian
President's veio power relies upon the ideology and well-beinB of their
citizens. Like otdinary bills, the President can use allthree veto powers, but in
the case of corlstitutional amendment bills.and money or finance bills, the
President canrlot always use allthree vetoes.
I

Tvpes of Vlto Fowrrs of tha Prrsldant

l
The President lndia has three veto powers: absolute veto, pocket veto, and
Pf
suspensive vetP.
.i
The absolute vFto is where the bill is directly rejected.and never becomes an
act or law. Thq President can use the absolute veto in two cases:
I

. When the bill dassed by the parliament is a private member bill;

. lf the cabinet iesigns before the President can approve the bill (the new
cabinet may etcourage the President to consent or dissent from the bill passed
by the old cabifret)

ln 1954, the adsolute veto power was exercised by Dr Rajendra Prasad.

I

The second ve{o power ls the suspensive veto, lt gives the President the power
to return the qill to reconsider some valid points. The suspensive veto can be
overridden by iephrasing problematic or controversial passages. For the state
bills, the state fegislature cannot override the suspensive veto of the President.
When the parllament resends the billto the President, it only requlres an
ordinary majorlity and not a higher majority. Moreover, the President cannot
use a suspensilre veto for money bills.
Th
The epoock(et vetd ls whtel 3n Ithe PnESICdernt decldes to keep the b l endlng for an
lder
in(iefin
ind( ter period. The /n€either rej(
nite ectt the bill nor resend it bac
rjecl
parl
pa rliaamn lernt tor recons id
met rellndian President is not tim -bound, while
derration..Thhe
thee3 Arr
thr 'neerr'ican Presidetnt
\m rth1as tenrda rvs.
lays

Conclusion

When used internationally or nationally, the veto is a powerful ol that

addresses many important lssues. The globalveto power usual y deals with
foreign relations, trade interests and security, while the nation I veto power
usually. lf an issue is vetoed, that doesn't mean it has no impo ance, but it is
symbolic support to an issue raised, The issue vetoed may be f va r ous
reasons, but the matter's lmportance ls acknowledged by a co ncll body of
elected members, wlth their votes belng cast agalnst and for it

'A'claims sovereisn and on the sround

discovered the ?' has no effective island.
State'8'also claims on the sround that i
rol and sove ovet last three hund
state has sovereigntv over the island.

'A' has sovereignty over the island.

Explanation:
Ierrltory ls cruclal ln determlnlng the soverelgnty of a state. As Opprnhelm has
noted, 'a State wlthout a terrltory ls not possible'. Thls does no mean
terrltoriality is the single criterion of personality in internation law; however
statehood without a reasonably defined geographical base is i nceivable.
This introductory part examines the long historical evolution the
international Iaw of territory. lt examines the concept of territ rial acquisition
such as conquest, cession, secession and terra nullius. The int duction also
gives an overview of the role of territory in the sovereiBnty of pa rticu lar
state. Discussion also focuses on territorial exclusivity and terri
orial
sovereignty of a state wherein the boundaries, the jurisdiction
nd the right to
self-determination ofthe state are examined. Further discussi also focuses
on other existint issues regarding the extent of territory.

42.f I

subsequentlv the oromise was not fulfilled. Miss 'M'files a ca in state'B'

for breach of promise. Decide.
ExDlanation:

There can be n action for breach of promise unless a contrart to marry has
been made. re are no formal requirements regarding the contract. lt need
not to be evid ced by wriiing and the law prescribes no particular form of
words. A prom e by one person to marry another is not binding unless and
until that othe also promises to marry the first person. Mutual promises to
marry may be I plied from the conduct of the parties. A declaration of
lntentlon to m rry another made to a thi;d person will not constitute a
promlse unless communicated to the other person on the authority of the
person making he declaration, While it is not necessary that the mutual
promises shou be concurrent, both should be made within a reasonable time
of one another An action for breach of promise to marry may be taken by a
man as well as woman. ln modern times there have been instances of
successful acti ns by men.

Promises to m rry made by minors are voidable at th'e option of the minor. A
minor may sue on such a promise but may not be sued, even if he or she has
ratified the pr mise after comin8 of age. On reaching majority a new and
lndependent p mlse to marry the other person will be binding, This
dl3tlnctlon has een thou8ht to be dlfficult to apply ln actual cases and has
been, variousl descrlbed as "perplexlng" and "somewhat subtle", laadlng to
"some extrem refinements".

43.'X' a memb r of banned or nization in state 'Y' kills a minister of state 'Y'
and flees to kiil
leads, he is a itical offender. D

Explanation:
"foreign State" means any State outside lndia and includes every constituent
part, colony or ependency of such State; and includes every constituent part,
colony or depe dency of such State;" 5[(f) "fugitive criminal" means a person
who is accused or convicted of an extradition offence within the jurisdiction of
a forelgn State nd includes a person who, while in lndia, conspires, attempts
to commit or i cltes or participates as an accompllce in the commisslon of an
extradition off nce in a foreign State;l 1t(f) "fugitive criminal" means a person
who is accused or convicted of an extradition offence within the jurisdiction of
a foreiSn State nd includes a person who, while in India, conspires, attempts
to commit or i cltes or particlpates as an accompllce ln the commlsslon of an
extradition off nce in a foreign State;"
44.The prince of state 'A' duri his staY in marrv a ladv.
Subscqucntlv, hc rclulcl to w
state'B'. Advice her.
Exolanatlon:

There can be no action for breach of promlse unless a contract o marry has
been made. There are no formal requirements regarding the co ract, lt need
not to be evidenced by writing and the law prescribes no partic lar form of
words. A promise by one person to marry another is not bindi unless and
until that other also promises to marry the first person. Mutual romises to
marry may be implied from the conduct of the parties. A declar tlon of
intention to marry another made to a third person will not cons itute a
promise unless communicated to the other person on the auth rity of the
person making the declaration. While it is not necessary that th mutual
promises should be concurrent, both should be made within a r asonable time
of one another. An action for breach of promise to marry may taken by a
man as well as a womaA. ln modern tlmes there have been inst nces of
successful actlons by men. Promlses to marry made by mlnors a voldable at
the option of the minor. A minor may sue on such a promise bu
sued, even if he or she has ratified the promise after coming of
reaching majority a new and independent promise to marry the other person
will be binding. This distinction has been thought to be difficult o apply in
actual cases and has been, variously described as "perplexing" nd "somewhat
subtle", leading to "some extreme refinements".

'X' eet 'A' ited from state 'Y' on the sround

to 'Y' after mu llow servant in a shio belonsinE to , ln 'X', 'A' is
tried not for murder b hurt to a fellow rvant. ls'X's
act iustifiable. Oecide.
Answer:
x's act ls justlflable.
Explanation:
Extradition is th€ recognised international mechanism for the imely return of
fugitives from foreign countries. lt is defined as the "delivery o an accused or
convicted individual from the country he is found in, to anoth country that
requests his extradition". The process is governed by treaties nd agreements
which, albeit with minor variations, adopt internationally reco ised legal
principles for the surrender of fugitives. Apart from this, facto outside
treaties includ ng bilateral relations and reciprocity, laws and regulations of
foreign jurisdi( tions, and human rights concerns directly affect a favourable
extradition or( er. Given the influence ofthese factors, extradition procedures
are known to I re complex, entailing huge amounts of resources and time.
Bringing back, rffenders from foreign countries is essential for providing
timely justice i nd grievance redressal. lt serves as a deterrent against
offenders who consider escape as an easy way to subvert lndia's justice
system. Delayr d anest and prosecution is, undeniably, a threat to lndia's
peace, safety i nd security.

BY

ANIL KUM RKTLTBCOACH