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Mumbai University
3 Years LLB- Semester V (December 2023),

Public International Law and Human Rights.
RK Notes- Questions & Answers
Q1) What is international law?

➢ International Law is defined as a body of principles & rules commonly
observed by States in their mutual relationship with each other.
➢ Countries come together to make binding rules that they believe will
benefit the citizens. It is an independent system of law existing outside
the legal framework of a particular state.
➢ It includes the law relating to States & International organisations and
also International Organisations inter se.
➢ It also includes the rules of law relating to international institutions and
individuals, and non-State entities and individuals.
Q2) What are the sources of international law?

➢ According to Oppenheim, Source means the ultimate origin from which the
law originates.
➢ The Statute of the I.C.J. in Art. 38, has enumerated the following
sources of International Law on the basic of primacy before the court:
a) International Conventions or treaties.
b) International Customary Law.
c) General Principles of law recognised by' Civilised Nations.
d) Judicial Precedents.
e) Juristic Writings.
f) Ex aequo et bono. (Equity & good conscience).
Q3) What is Jus Cogens

Ans) Jus cogens or peremptory norm means a body of fundamental principles
of international law which binds all states and does not allow any exceptions.
It is basically a compilation of norms that lays down the international
obligations which are essential for the protection of the fundamental interest
of the international community and any violation of these norms is thereby
recognized as a crime against the community as a whole
It is binding upon all the members of the international community in all
circumstances. Jus cogens imply absolute restrictions on genocide, slavery or
Public International Law and Human Rights
slave trade, torture or other inhuman treatment, prolonged arbitrary

detention, and racial discrimination. Any activity or treaty carried out by the
states or international organizations that contradict human dignity and rights
will offend the concept of jus cogens and thus, be void. It can be said that
jus cogens exist to protect and uphold human dignity and rights.
Q4) What is law of sea?

Ans) UNCLOS stands for the United Nations Convention for the Law of the
Sea. It is also known as the Law of the Sea. It is an international agreement
or treaty which establishes rules and guidelines for using the world’s oceans
and seas, so as to use and conserve marine resources and to secure the
preservation and protection of all the living beings of the sea. The treaty
was signed on 10 December 1982 in Montego Bay, Jamaica, as a result of
the United Nations Conference on the Law of the Sea, which took place from
1973 to 1982, and came into force in 1994.
Q5) What do you mean by a “treaty” ?

Ans) The Vienna Convention on the Law of Treaties 1969 codified the law
relating to the Treaties, which was hitherto mostly in the customary form.
This is the authoritative text on Treaty law.
A treaty is defined (Art. 2), as an agreement whereby two or more States,
establish or seek to establish a relationship between themselves governed by
International Law. The object of the treaty is to impose obligations on the
States parties to it.
Steps in Treaty-making :
a) Appointment of Representatives or delegates b) Negotiations c) Draft and
final draft d) Signature & exchange of instrument e) Ratification, f)
Reservation to Treaties g) Registration.
The conclusion of a treaty or convention is marked by the State-parties
subscribing their signatures. The effect of such signature depends on whether
the treaty is subject to ratification or not. a) If subject to ratification,
signature means that the parties have agreed to the text and are willing to
refer it to their States for ratification. b) If not subject to ratification,
the general opinion is that the treaty is binding from the date of signature.
Ratification is the approval by the Head of State or the Govt. of the
signature appended to by their delegates. It is defined as an International
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act whereby a State establishes on the International plane its consent to be

bound by a treaty.
Q6) What are different kinds of treaties?

Ans) International treaties can be of two types:
Law making treaties create a binding legislation towards the parties. The
subject matter and content of such a treaty is statutory and not a mere
contract. Matters which affect states internationally and require immediate
laws to commonly bind the parties and address such an issue by imposing
international legal orders led to formation of law making treaties. Law making
treaties differ from others as they do not formulate mere rules left to the
discretion of the signatories. It creates mandatory obligations in the form
of a statute. Hence, the obligations defined by these treaties are
independent without the need for a separate set of rules to be followed.
Another point of difference is that, law making treaties can set up
international tribunals, international mandates, international waterways etc
Contractual treaties
Unlike law-making treaties, contractual treaties have a more exclusive group
of parties, and are often bilateral in nature. There exists a mutual interest
from one another between the parties, usually of a commercial or political
kind. It is either to gain some kind of benefit or protection in exchange to
provide the same in return. While law making treaties are focused on rights,
duties, code of conduct and are governed by principles of natural law, morality
etc., contractual treaties are focused on one matter of relevance solely to
the interested parties and not globally. These are often trade agreements,
alliance agreements, conveyance agreements etc. It is almost a pure contract,
governed by principles of barter and absolves the rest of the parties from
any obligation if one of them fails to upkeep their side of the agreement.
Q7) What are human rights?

Ans) Human rights are rights that we have simply because we exist as human
beings. These are universal rights inherent to all of us, regardless of
nationality, sex, national or ethnic origin, color, religion, language or any
other status. They range from the most fundamental, the right to life to
those that make life worth living, such as the rights to food, education, work,
health, and liberty. They are also referred to as basic rights, fundamental
rights, birth rights, inherent or natural rights.
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Q8) What is peaceful settlement of international dispute?

Ans) An international dispute is a disagreement on the point of law or fact,
a conflict of legal views or interests between States.
As per article 2 (3) of the UN Charter, parties must peacefully settle their
international disputes. Security Council shall determine the existence of a
threat to the peace, breach of the peace or act of aggression and shall take
the measures to maintain and restore international peace and security.
The means of peaceful settlement of disputes inter alia include Negotiation,
Good Offices, Enquiry, Mediation, Conciliation, Arbitration, Judicial
Settlement, Regional Agencies/Authorities or other peaceful means are the
pacific means by Chapter 6 of the UN Charter.
Q9) What is public international law?

Ans) It refers to rules and regulations governing international relations
between different states and international institutions. It sets rules
concerning all mankind: the environment, international business, the ocean,
human rights, etc. Public international laws apply to international organizations
like the United Nation (UN) and the World Trade Organization (WTO).
Q10) What is meant by Judicial Activism?

Ans) Judicial activism is the exercise of the power of judicial review to set
aside government acts. Activism usually refers to the willingness of a judge
to abolish the decisions or actions of the different branches of government
or to change or overturn a judicial precedent. The judges who are often
known as activist judges have been provided powers for reviewing requirements
of the constitution.
Judicial activism is a method to regulate the function of judicial review. It
also exercises a description of a specific decision of the judiciary where a
judge is generally considered more willing to give a decision on the issues of
constitutional and to declare invalid the executive actions or legislative.
Judicial activism in India provides the rights or power to the Supreme Court
and the high courts to declare the regulations unconstitutional and void if
they breach. But this authority is not provided to the subordinate courts.
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Q11) Write a short note on Exclusive Economic Zone (EEZ)?

Ans) The 1982 United Nations Convention on the Law of the 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 gas 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.
Q12) What is defacto recognition?

Ans) De facto Recognition is the process of acknowledging a new state by a
noncommittal act.
• De facto recognition is a provisionally grant.
• It is the first step to the next mode of recognition.
• It is a temporary and factual recognition as a state • It can
either be conditional or without any condition.
• A test of control for newly formed states.
•
Q13) What is UNESCO?
Ans) UNESCO is a specialised agency of the United Nations that works for
world peace through global cooperation in the fields of education, culture and
the sciences. Through its programmes, it strives to achieve the Sustainable
Development Goals (SDGs). UNESCO develops educational tools so as to help
humanity live in a world free of intolerance and hate. It works in preserving
the cultural heritage of the world’s many cultures and also promotes the equal
dignity of all cultures. It also engages in advancing scientific programmes and
policies as platforms for cooperation and development.
Headquartered in Paris, UNESCO is also a member of the United Nations
Development Programme (UNDP). Currently, UNESCO has 193 members.
Q14) What is Universal Declaration of Human Rights (UDHR)?

Ans) Universal Declaration of Human Rights (UDHR) as an international
document adopted by the United Nations General Assembly (UNGA). The
document is a layout of all the fundamental rights of human beings. The
UNGA accepted the Declaration of Human Rights during the early days of its
inception, on 10th December 1948. The main objective of the UDHR is to
preserve, protect, and enshrine the fundamental human rights that all humans
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are entitled to irrespective of their caste, creed, race, gender, nationality,

and so forth. Few of the major articles of UDHR are (a) all human beings
are born free and equal. They have equal rights and integrity irrespective of
creed, color, racial origin, etc. (b) delegitimizes slavery in all forms.(c) no
human shall be subjected to degradation; (d) everyone is equal before the
law; (e) everyone charged with offenses shall be presumed innocent until
proven guilty by a court of law; (f) that men and women of legal age can
marry anyone of their choice, and caste, class, race, etc., should not be a
barrier.
Q15) What is International Labour Organisation?

Ans) The International Labour Organization (ILO) is a United Nations agency
dealing with labour issues, particularly international labour standards, social
protection, and work opportunities for all. It was established by the Treaty
of Versailles in 1919. The ILO is the only tripartite U.N. agency. The ILO
is a meeting point for governments, workers and employers of ILO’s member
States to set labour standards, improve upon policies and create programs
that promote decent work for people. The main objectives of ILO are:
• To develop and effectuate standards, fundamental principles, and
fundamental rights at work.
• To ensure that men and women have equal access to decent work while
enhancing opportunities for the same.
• To magnify the coverage and effectiveness of social protection for
everyone.
• To strengthen Tripartism and social dialogue.
Q16) What is Pacta Sunt Servanda?

Ans) As per Article 26 of Vienna Convention which lays out all the principles
the party must observe when entering a treaty, “Every treaty in force is
binding upon the parties to it and must be performed by them in good faith.”
There is also a prerequisite to this where the states must have given their
consent to enter such a treaty. This is known as Pacta Sunt Servanda.
Q17) What is National Human Rights Commission? What are its two
functions?
Ans) The National Human Rights Commission or NHRC is a standalone entity
of the Government of India with the mission of promoting and protecting
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human rights. It is a statutory body mentioned in the Constitution of India

that was established in 1993 under the ‘Protection of Human Rights Act.’
This act was further amended in 2006. NHRC acts as a watchdog of human
rights in the country. NHRC looks over the rights that are related to life,
dignity, liberty and equality of the individual that is defined in Protection of
Human Rights Act.
The functions of the National Human Rights Commission (NHRC) as stated in
Section 12 of the Protection of Human Rights Act,1993 includes enquiry into
complaints of violation of human rights or negligence in the prevention of such
violation by a public servant. The Commission also studies treaties and
international instruments on human rights and makes recommendations for
their effective implementation to the Government.
Q18) What are the two issues of lotus case?

Ans) The lotus case concerns the criminal trial between France and Turkey,
where the clash between these two countries' vessels took place in the high
sea on 2 August 1926. The case was accepted and the decision was made by
the permanent court of international justice. The two issues of the case are
as under:
a) Did Turkey violate international law when Turkish courts exercised
jurisdiction over a crime committed by a French national, outside Turkey?
b) If the reply is yes, what economic and financial compensation should be
made to Mr. Demons, in relation to the international law, if Turkey is
found to infringe these principles?
Q19) What is Asylum ?

Ans) Asylum is a kind of protection granted by a foreign country to individuals,
especially those who face persecution in their home countries because of their
race, religion, nationality, membership in a particular social group, or political
opinion.
Q20) What is innocent passage?

Ans) Innocent passage is a concept in the law of the sea that allows for a
vessel to pass through the archipelagic and territorial waters of another
state, subject to certain restrictions. Passage is innocent so long as it is not
prejudicial to the peace, good order or security of the coastal State. Such
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passage shall take place in conformity with the Convention and with other
rules of international law.
Q21) What is agenda 21?

Ans) Agenda 21 is a non-binding action plan of the United Nations with regard
to sustainable development. It was a product of the Earth Summit (UN
Conference on Environment and Development) held in Rio de Janeiro, Brazil,
in 1992. The plan is meant to be globally, nationally and locally executed by
organizations of the United Nations System, Governments, and Major Groups
in every area where human activity impacts the environment. The agenda was
directed towards combating poverty especially in developing countries,
changing consumption patterns, promoting health, achieving a more sustainable
population, Conservation and Management of Resources for Development,
Strengthening the Role of Major Groups (roles of children and youth, women,
NGOs, local authorities, business and industry, and workers; and
strengthening the role of indigenous peoples, their communities, and farmers)
and sustained development in science, technology transfer, education
international institutions, and financial mechanisms.
Q22) Meaning of UNEP?

Ans) The United Nations Environment Programme (UNEP) is the product of
Stockholm Conference 1972. UNEP was founded on June 5, 1972, to coincide
with World Environment Day and is headquartered in Nairobi, Kenya. It is
the leading global environmental authority that establishes the global
environmental agenda, promotes the consistent implementation of the
environmental dimension of sustainable development throughout the United
Nations countries, and acts as an authoritative advocate for the global
environment.
Q23) What are the major functions of UNEP?

Ans) The major functions of UNEP include:
➢ Developing global conventions on the environment and related issues.
➢ Hosting the secretariats of various conventions such as the Minamata
Convention and the United Nations Convention on Biological Diversity.
➢ Promoting environmental science and related information.
➢ Financing and implementing developmental projects related to the
environment.
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➢ Engaging with national governments, NGOs, etc. in relation to

environmental policy and implementation.
Q24) What is the meaning of land locked states?

Ans) According to the United Nations Convention on the Law of the Sea
(UNCLOS), a landlocked state is defined as 'a state which has no sea-
coast’. In other words, it is a state that does not have direct access to the
ocean and depends on its neighbouring states to access the sea.
Q25) What is ICCPR?

Ans) The International Covenant on Civil and Political Rights (ICCPR) is a
multilateral treaty adopted by the United Nations General Assembly in
December 1966. The treaty commits its parties to respect the civil and
political rights of individuals, including the right to life, freedom of religion,
freedom of speech, freedom of assembly, electoral rights, and rights to due
process and a fair trial.
The ICCPR is part of the International Bill of Human Rights, along with the
International Covenant on Economic, Social and Cultural Rights (ICESCR) and
the Universal Declaration of Human Rights (UDHR). The implementation of
the ICCPR is overseen by the United Nations Human Rights Committee, which
reviews reports of parties on how effectively fundamental rights are being
implemented.
Q26) State Two rights under ICCPR?

Ans) The International Covenant on Civil and Political Rights (ICCPR) protects
a wide range of rights. Here are two of them:
a) Right to Life and Human Dignity: This is the fundamental right to life,
which is inherent to every human being. It includes the right to respect
for human dignity, which is the basis of freedom, justice, and peace in
the world.
b) Freedom of Speech, Assembly, and Association: This includes the right to
hold opinions without interference and the right to freedom of expression.
It also encompasses the freedom to peacefully assemble and the freedom
to associate with others.
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Q27) What is monistic Theory?

Ans) Monistic theory is a viewpoint or theory that reduces all phenomena to
one principle. It is a philosophy that holds that reality is a unified whole and
that all existing things can be ascribed to or described by a single concept
or system.
In law, the monism theory maintains that the subject of two systems of law,
viz., International Law and Municipal Law ( laws within a country) are
essentially one. According to it, International Law and Municipal Law are two
phases of one and the same thing.
Q28) What is double jeopardy?

Ans) One fundamental principle of Criminal Law is that no person who has
been accused of an offence should be prosecuted and punished for the same
offence more than once.
The origin of this is in the English Law 'Nemo debet Bis Vexari' i.e no one
shall be vexed twice. According to this, if a person has been prosecuted and
convicted, then the accused should not be tried again by any Court in India,
for the same offence.
Q29) What is rebus sic stantibus?

Ans) ‘Rebus sic stantibus’ is like an escape clause in a contract or treaty.
It means that the agreement remains valid “as long as things stay the
same”. If there’s a fundamental change in circumstances, the contract or
treaty could become inapplicable. This doctrine helps to balance the principle
of ‘pacta sunt servanda’, which means "promises must be kept.
Q30) What is opinio Juris?

➢ Custom which is one of the four sources of international law as outlined
in the Statute of the International Court of Justice should have an
essential element of “Opinio juris”.
➢ This means that custom which is regarded as state practice should be
backed by a legal obligation, which distinguishes it from mere usage.
➢ The International Court of Justice reflects this standard in ICJ Statute,
Article 38(1)(b) by reflecting that the custom to be applied must be
"accepted as law.
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Q31) Two objectives of WHO

➢ The organisation directs and coordinates authority on international health
work.
➢ Assists governments, upon request, in strengthening their health services.
Q32) What is magna carta?

The Magna Carta, also known as the Great Charter, is a significant historical
document that was agreed upon by King John of England.
The Magna Carta is considered the first written constitution in European
history. It established the principle of respecting the law, limiting government
power, and protecting human rights. It was the first document to put into
writing the principle that the king and his government was not above the law.
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Short Notes & Descriptive Questions.
Q1) International Court of Justice.

The International Court of Justice (ICJ), also known as the World Court, is
the principal judicial organ of the United Nations (UN).
It was established in June 1945 by the Charter of the United Nations and
began work in April 1946. The seat of the Court is at the Peace Palace in
The Hague, Netherlands.
The ICJ settles disputes between states in accordance with international law
and gives advisory opinions on international legal issues. It is the only court
that adjudicates general disputes between countries, with its rulings and
opinions serving as primary sources of international law.
The ICJ is the successor of the Permanent Court of International Justice
(PCIJ), which was established in 1920 by the League of Nations. After the
Second World War, the League and the PCIJ were replaced by the United
Nations and ICJ, respectively.
The ICJ consists of a panel of 15 judges elected by the UN General Assembly
for nine-year terms. No more than one judge of each nationality may be
represented on court at the same time, and judges collectively must reflect
the principal civilizations and legal systems of the world. The International
Court of Justice (ICJ) performs the following five main functions:
a) Settlement of disputes: The ICJ settles disputes between nations in
accordance with international law1. For example, it has resolved border
disputes between Ethiopia and Eritrea and between Nigeria and Cameroon
over the oil-rich Bakassi Peninsula.
b) Giving legal advice: The ICJ provides legal advice to other organs of the
United Nations.
c) Resolution of disagreements: The ICJ resolves disagreements over the
right interpretation of international law or treaties and determines
appropriate reparation (penalties) to be paid.
d) Promotion of international justice and respect for human rights: The ICJ
promotes international justice and respect for human rights.
e) Law-making function: The ICJ contributes to the development of
international law through judicial precedence or case law.
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Q2) Note on CEDAW.

The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) is an international human rights treaty adopted by the
United Nations General Assembly in 1979.
It is focused on elimination of discrimination against women in all areas and
promotes equal rights of men and women.
The CEDAW Committee, consisting of 23 experts on women’s rights from
around the world, monitors the implementation of the Convention. The CEDAW
treaty has proved invaluable in opposing the effects of discrimination, which
include violence, poverty, and lack of legal protections, along with the denial
of inheritance, property rights, and access to credit.
As of now, the Convention has been ratified by 189 states. It entered into
force as an international treaty in September 1981. The Convention is often
described as an international bill of rights for women.
Q3) What is Lotus Case?

The Lotus case, also known as the Case of the S.S. Lotus (France v. Turkey),
is a significant case in international law. It took place in August 1926, when
a collision occurred between the French mail steamer Lotus and the Turkish
ship Boz-Kourt. The collision resulted in the sinking of Boz-Kourt and the
death of several Turkish citizens.
The case was submitted to the Permanent Court of International Justice,
which ruled that a state is not prohibited from exercising criminal jurisdiction
over a foreign national who commits acts outside of the state’s national
jurisdiction unless there is a permissive rule of international law to the
contrary. This ruling is often referred to as the “Lotus principle” or “Lotus
approach”, which states that sovereign states may act in any way they wish
so long as they do not contravene an explicit prohibition.
The French officer Lieutenant Demons, who was aboard the Lotus, was
arrested by Turkish authorities and charged with negligence leading to the
accident. France challenged Turkey’s jurisdiction over a French citizen for an
incident that occurred on the high seas, claiming it was a violation of
international law.
The main issues in Lotus Case were:
a) Whether Turkey violated international law when Turkish courts exercised
b) Should Turkey pay compensation to France, if it violated international law?
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Judgement:
In this case, the court found that there was no rule of international law
prohibiting Turkey from prosecuting Lieutenant Demons (Captain of France
Flag vessel). Therefore, Turkey was within its rights to bring charges against
Lieutenant Demons. This judgement established the Lotus principle or Lotus
approach, which is considered a foundation of international law. It states
that sovereign states may act in any way they wish so long as they do not
contravene an explicit prohibition.
Q4) What are the sources of international law?

Ans) According to Oppenheim, Source means the ultimate origin from which
the law originates. The Statute of the I.C.J. in Art. 38, has enumerated
the following sources of International Law on the basic of primacy before the
court:
a) International Conventions or treaties: These are agreements between
states or other entities that establish rules recognized by the
parties. They are binding written agreements creating mutual rights and
obligations. A treaty or convention is contractual in nature. They are also
known as a pact, agreement, covenant, charter, and memorandum of
understanding.
b) International Customary Law: This is derived from the consistent and
general practice of states followed by a sense of legal obligation. It
involves how a practice or custom gradually becomes customary
international law.
c) General Principles of law recognised by Civilised Nations: These are
common to the major legal systems of the world. They provide a gap-
filling function where International Conventions and Treaties, and
International Customs may be silent or ambiguous. They involve principles
like reparation and remedies, prescription, res judicata, and estoppel.
d) Judicial Precedents & Juristic Writings. These serve as subsidiary means
for the determination of rules of law. They involve judicial decisions and
juristic teachings. However, with the evolution of international law, the
accuracy of these sources are now in question.
e) Ex aequo et bono. (Equity & good conscience): ‘Ex aequo et bono’ is a Latin
term often used in international law when a matter is to be decided
according to principles of equity rather than by points of law. It refers
to the way in which an international tribunal can base its decision not upon
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conventional law but on what is just and fair to the parties before it. The
International Court of Justice may decide cases ‘ex aequo et bono’ if the
parties agree thereto. This term is based upon the idea of ‘fundamental
fairness’ as a guideline principle in arbitration and other dispute settlement
processes. Provided that the parties expressly agree, it enables judges
and arbitrators to decide a case according to what ‘is fair (or equitable)
and good.
Q5) Short note on National Human Rights Commission?

Ans) The National Human Rights Commission or NHRC is a standalone entity
of the Government of India with the mission of promoting and protecting
human rights. It is a statutory body mentioned in the Constitution of India
that was established in 1993 under the ‘Protection of Human Rights Act 1993
(which was amended in 2006).
Composition of NHRC:
The National Human Rights Commission (NHRC) is composed of a Chairperson
(who is retired chief justice of India) and eight other members of which 4
are full time members (comprising one judge (acting or retired) of supreme
court and high court respectively and two members having knowledge of human
rights) and 4 ex-officio members representatives of national commission of
minorities, SC, ST and women respectively. The appointment is done by
President on the basis of recommendation of Selection Committee under the
chairman ship of Prime Minister.
Functions & Powers of National Human Rights Commission
The functions of the National Human Rights Commission (NHRC) as stated in
Section 12 of the Protection of Human Rights Act,1993 includes:
➢ NHRC acts as a watchdog of human rights in the country.
➢ NHRC looks over the rights that are related to life, dignity, liberty and
equality of the individual that is defined in Protection of Human Rights
Act.
➢ It can enquire into complaints of violation of human rights or negligence in
the prevention of such violation by a public servant.
➢ The Commission also studies treaties and international instruments on
human rights and makes recommendations for their effective
implementation to the Government.
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➢ It can visit any prison/institute under the control of the state governments
to observe the living conditions of inmates. It can further make
recommendations based on its observations to the concerned authorities.
➢ NHRC can review the provisions of the Constitution that safeguard Human
Rights and can suggest necessary restorative measures.
➢ NHRC has the power to recommend suitable steps that can prevent
violation of Human Rights in India to both Central as well as State
Governments.
Q6) International law is weak law according to Austin. Explain?

Ans) John Austin, a prominent legal philosopher, had a unique perspective on
international law. According to Austin, a law is the command of a sovereign,
backed by a threat of sanction for non-compliance. He argued that
international law does not meet this definition because it lacks a clear
sovereign authority that can enforce its rules.
In other words, Austin believed that international law is weak because
there’s no global government or power that can enforce it like a state can
enforce its own laws. He saw international law more as a set of guidelines or
“positive international morality” rather than a real law.
However, it’s important to note that Austin’s views were based on the
legal systems prevailing at his time, and many legal scholars and practitioners
today would argue that international law has evolved and can have real force,
even without a global sovereign.
Q7) Compare International Law and Municipal Law, Explain the statement
“International Law is a true law.
Ans) In order to understand the relationship between International Law and
Municipal Law, it is important to understand the similarities as well as the
link between the two laws.
International Law in simple term is a set of rules that comes into action when
a minimum of two nation states interact. International Law is defined as a
body of principles & rules commonly observed by States in their mutual
relationship with each other.
Unlike International Law, Municipal Law also known as National Law of the
country applies within the domestic territory of a country.
The relationship between International Law and Municipal Law can be mainly
explained by two principal theories namely Monism and Dualism.
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The Monistic theory is a viewpoint that reduces all phenomena to one principle.
It is a philosophy that holds that reality is a unified whole and that all
existing things can be ascribed to or described by a single concept or system.
The monistic theory maintains that the subject of two systems of law, viz.,
International Law and Municipal Law are essentially one. Thus according to
this theory, International obligations and Municipal rules are facets of the
same phenomenon, both deriving ultimately the validity from one basic norm
and belonging to the unitary order comprised by the conception of law. The
Monistic Theory asserts that the National Law and Municipal Law are of the
same fundamental nature, and arise from the same unity of the science of
law, being manifestations of a single conception of law. Both the systems
have their origin in a ‘higher law’ founded on the principles of right and wrong.
In the context of international law, the Dualistic theory advocates that
International Law and Municipal Law are two separate systems, each having
its own set of rules and principles. According to this theory, the rules of
International Law and Municipal Law operate independently of each other.
Under a dualist model, there is a dichotomy between international legal
obligations that states as sovereigns agree to recognize in their foreign
relations, and domestic legal rules that are binding in internal relationships
between the state and its citizens or subjects. Dualists emphasize the
difference between national and international law, and require the
transposition of the latter into the former.
In practice, many states are partly monist and partly dualist in their actual
application of international law in their national systems. However, a dualist
system requires consistent screening of all ensuing national law for possible
in congruence with earlier International law. Each state chooses for itself,
as per its legal customs.
Thus, after analysing above two theories, certain differences can be observed
between International law and Muncipal law as under:
Sources of Law: International law derives from the collective will of States,
while municipal law is specific to each state.
Subjects: The subjects of international law are the States themselves, while
municipal law deals with the relationship between individuals and their
organization within a state.
Subject Matter: International law focuses on the relations between states,
while municipal law governs the domestic aspects of government and deals
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with issues between individuals, and between individuals and the administrative
apparatus.
Supremacy: International law is supreme in nature as it represents a legal
order which is higher than Municipal laws. However, in case of conflict
between international and municipal law, a national court would apply municipal
law.
In summary, while international law is applicable to state relations and other
international law topics, national or state law, also known as municipal law, is
applied within a state to the persons and corporate bodies that bear rights
and obligations under it.
Q8) Short note on peaceful settlement of international dispute?

Ans) An international dispute is a disagreement on the point of law or fact,
a conflict of legal views or interests between the States.
As per article 2 (3) of the UN Charter, parties must peacefully settle their
international disputes. Security Council shall determine the existence of a
threat to the peace, breach of the peace or act of aggression and shall take
the measures to maintain and restore international peace and security.
The means of peaceful settlement of disputes inter alia include
Negotiation: This is the most common method of resolving international
disputes. It involves direct discussions between the parties involved in the
dispute. The aim is to reach a mutually acceptable solution.
Good Offices: This involves a third party acting as an intermediary between
the disputing parties. The third party normally does not have a direct role in
the discussions but facilitates communication between the parties.
Mediation: A neutral third party, known as a mediator, helps the disputing
parties to reach a mutually satisfactory solution. The mediator actively
participates in the discussions and suggests solutions.
Conciliation: This is a process where a conciliator meets with the parties to
the dispute separately in order to resolve their differences. A conciliation
commission may be set up for this purpose.
Arbitration: In this method, the dispute is submitted to a neutral third party
or parties (the arbitrator or arbitration panel), whose decision (the award)
the disputing parties have agreed to accept. The decision is binding on the
parties.
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Judicial Settlement: This involves the submission of the dispute to an

international court such as the International Court of Justice. The decision
of the court is binding on the parties.
Resort to Regional Arrangements: Disputes can also be settled through
regional arrangements or agencies. These agencies or arrangements can take
various forms, such as regional courts or tribunals.
These methods are not exhaustive and the parties are free to choose their
dispute settlement mechanism either in combination of one or more methods.
The key principle is that disputes must be resolved in a manner that does not
endanger international peace, security, and justice.
Q9) Short note on “treaty” ?

Ans) The Vienna Convention on the Law of Treaties 1969 codified the law
relating to the Treaties, which was hitherto mostly in the customary form.
This is the authoritative text on Treaty law.
A treaty is defined (Art. 2), as an agreement whereby two or more States,
establish or seek to establish a relationship between themselves governed by
International Law. The object of the treaty is to impose obligations on the
States parties to it.
Steps in Treaty-making :
a) Appointment of Representatives or delegates: The states identifies and
nominates the representatives who can finalise the terms of treaty on
behalf of the state.
b) Draft & Negotiations: This is the first step of the treaty formation. The
parties involved in the treaty discuss the terms and conditions of the
treaty. Structure of a treaty text which includes title, preamble, final
clauses, testimonium, signature block are normally drafted in this stage.
c) Expressing Consent: Taking the consent on the drafted negotiation
document is an important step. The most common ways to express consent
are definitive signature, ratification, acceptance, approval, and accession.
d) Signature: The treaty is formally signed by the representatives of the
parties involved. This indicates their intention to comply with the treaty.
e) Ratification: When the states accept the treaty, ratification comes into
the picture. Each country has to ratify the treaty, and it needs to be
passed into each country’s national legislature.
f) Implementation: The provisions of the treaty are implemented in the
domestic law of the states.
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g) Coming into Force: The treaty comes into force after it has been ratified
by a certain number of states.
h) Reservation: Term reservation refers to the exclusion of some areas of
the treaty. Any Member State can take a formal Reservation on any part
of the treaty text, which effectively means it is not obliged to apply that
part of the treaty.
Few important international Treaties:
➢ United Nations Charter: This treaty established the United Nations (UN)
and is considered the foundation of modern international law. It was signed
on in June 1945 and called for the UN to maintain international peace
and security, promote social progress and better standards of life,
strengthen international law, and promote the expansion of human rights.
➢ Universal Declaration of Human Rights: This is a non-binding declaration
adopted by the UN General Assembly in 1948 that sets out a common
standard of human rights for all people and nations.
➢ Constitution of the World Health Organization: Signed in 1946, this treaty
established the World Health Organization (WHO) and sets out its
functions and structure.
Q10) What is recognition of states? Explain various theories of recognition?

An entity in order to be called as a State should possess essential attributes
of statehood such as population, territory, a government and the capacity to
enter into relations with other States. When possession of these attributes
in a State is acknowledged by other existing States, it is known as recognition
of State. Recognition may therefore be defined as a formal acknowledgment
by the existing members of the international community of the international
personality of a new State.
It is important to note that recognition of a state is more of a political
concept than a legal concept because there are no specific rules for
recognition of a state. The decision to recognize a new state is often
influenced by political factors.
The recognition of a state is based on two main theories:
The Constitutive Theory and the Declaratory Theory.
Constitutive Theory: This theory holds that for a state to be considered as
an international person, its recognition by the existing states as a sovereign
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is required. This theory is of the view that only after recognition a state
gets the status of an international person and becomes a subject to
international law. So, even if an entity possesses all the
characteristics/attributes of a state, it does not get the status of an
international person unless recognised by the existing states.
Drawbacks/defects of Constitutive Theory:
The constitutive theory suffers from certain defects which are as under:
➢ When a State comes into possession of all the attributes of statehood, it
is not necessary that its existence is recognized by other States
simultaneously. The timing of recognition may be different from one State
to another. It therefore always happens that at a particular time a State
has been recognized by some States only. The acceptance of the
constitutive theory would mean that a State exists for some States and
does not exist for others.
➢ Recognition is a political act of a State. If this theory is accepted, it
would mean that the fate of the new State would be determined by other
States. It is not desirable to give discretionary rights to the existing
States, whose acts are guided not by any legal norms, to decide the status
of the new entity.
➢ Recognition has a retrospective effect. In other words, when a new State
is recognized by other States, the latter is regarded to have recognized
all the acts of the former from the date of its establishment. It follows
that a State at the time of granting recognition to a new State accepts
that it has come into existence prior to its recognition. It implies again
that a State exists prior to its recognition.
These drawbacks have led to the development of the Declaratory Theory of
state recognition, which is detailed as under:
Declaratory Theory: This theory holds that a state exists even without
recognition, which is merely an acknowledgment of an existing
situation. According to this theory, an entity is a state as soon as it fulfils
the criteria for statehood, regardless of whether it has been recognized by
other states. The act of recognition is therefore a declaration of an existing
fact that an entity possesses the essential attributes of statehood. A State
may exist without being recognized, and if it does exist in fact, then, whether
or not it has been formally recognized by other States, it has a right to be
treated by them as a State. The advocates of this theory have therefore
reduced the importance of recognition by saying that recognition is necessary
21
only because it enables new States to enter into official intercourse with
other States.
Q11) Explain the ‘concept of judicial activism’ in implementation of

International Conventions in India for safeguarding Human rights of citizens
with the help of landmark Supreme Court Judgements?
Ans) Judicial activism is a concept that originated in the US in 1947 and has
been seen in India since the Emergency days. It refers to the active role of
the judiciary in upholding the rights of citizens and preserving the
constitutional and legal system of the country This sometimes entails
overstepping into the territories of the executive. The Black’s Law Dictionary
defines judicial activism as “judicial philosophy which motivates judges to
depart from the traditional precedents in favour of progressive and new social
policies”.
In the context of implementing international conventions in India for
safeguarding human rights, judicial activism plays a significant role. India has
ratified several relevant international human rights and humanitarian law
treaties. The Indian judiciary, especially the Supreme Court, has been
actively involved in interpreting these conventions broadly to protect individual
rights and promote social justice.
Methods of judicial activism in India include judicial review, Public Interest
Litigation (PIL), constitutional interpretation, access of international statute
for ensuring constitutional rights, and supervisory power of the higher courts
on the lower courts.. For instance, the judiciary has the power to review the
State action. Article 13 read with Articles 32 and 226 of the Indian
Constitution gives the power of judicial review to the higher judiciary to
declare any legislative, executive, or administrative action void if it is in
contravention with the Constitution.
Through judicial activism, the Indian judiciary has been able to uphold
citizens’ rights and implement constitutional principles when the executive and
legislature fail to do so.. It has been seen as a success in liberalizing access
to justice and giving relief to disadvantaged groups. Therefore, judicial
activism has been an effective tool in the implementation of international
conventions in India for safeguarding the human rights of citizens.
Landmark Supreme Court Judgements:
The Kesavananda Bharati case, also known as the Fundamental Rights Case,
is a landmark case in Indian legal history. It established the 'Basic Structure
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Doctrine. This doctrine holds that there are certain basic features of the
Constitution that are meant to be held sacrosanct and cannot be altered or
modified. The doctrine aims to preserve the most fundamental ideals of the
Constitution while acting as a check on the powers of the government to make
laws that may distort or remove these basic principles.
This judgement in Kesavananda Bharati case indirectly contributes to the
implementation of international human rights standards in India. The ‘Basic
Structure Doctrine’ ensures that the fundamental rights of citizens, many of
which align with international human rights standards, cannot be taken away
or altered significantly by any amendment to the Constitution. This indirectly
helps in the implementation of international conventions related to human
rights in India, as it ensures that the basic human rights enshrined in the
Constitution are preserved and protected.
The M.C. Mehta vs Union of India case, also known as the Oleum gas leakage
case or the Shriram Food and Fertiliser case, is a landmark judgement in
India’s environmental law. The case is significant for several reasons:
Recognition of Right to a Clean Environment: The case recognized the right
to a clean and healthy environment as a fundamental right under the
Constitution of India. This aligns with various international conventions that
recognize the right to a healthy environment, such as the United Nations’
Universal Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights.
Establishment of the Principle of Absolute Liability: The Supreme Court of
India established the principle of ‘Absolute Liability’ in this case. This
principle states that any industry involved in hazardous activities that causes
harm to the environment or the people through any accident would be held
absolutely liable. This principle aligns with the ‘Polluter Pays Principle’
recognized in international environmental law, which states that the party
responsible for producing pollution should bear the costs of managing it to
prevent damage to human health or the environment.
In these ways, the M.C. Mehta vs Union of India case has contributed to
the implementation of international conventions related to environmental
protection and human rights in India.
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Q12) What is United Nations Convention for the Law of the Sea? What are
its features?
Ans) UNCLOS stands for the United Nations Convention for the Law of the
Sea. It is also known as the Law of the Sea. It is an international agreement
or treaty which establishes rules and guidelines for using the world’s oceans
and seas, so as to use and conserve marine resources and to secure the
preservation and protection of all the living beings of the sea. The treaty
was signed in December 1982 in Montego Bay, Jamaica.
The United Nations Convention on the Law of the Sea (UNCLOS) has several
key features:
a) Comprehensive Framework: UNCLOS provides a comprehensive regime of
law and order in the world’s oceans and seas, establishing rules governing
all uses of the oceans and their resources.
b) Maritime Zones: It divides marine areas into five main zones: Internal
Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ),
and the High Seas.
c) Objectives: The objectives of UNCLOS are to promote the peaceful use
of the seas and oceans, facilitate international communications, enable
equitable and efficient utilization of ocean resources, protect and preserve
the marine environment, and promote maritime safety.
d) Legislation: States may enact legislation concerning the safety of
navigation, pollution prevention, uncontrolled fishing activities, customs,
immigration, health, and sanitary arrangements.
e) Right to Transit Passage: Transit passage is allowed for ships through the
state.
f) UNCLOS is a comprehensive international agreement that establishes
guidelines for businesses, the environment, and the management of marine
natural resources.
Role of UNCLOS in bringing peace and harmony in the world:
The United Nations Convention for the Law of the Sea (UNCLOS) plays a
significant role in maintaining international maritime peace and harmony. Here
are some ways how it contributes to peace and harmony:
a) Regulatory Framework: UNCLOS provides a regulatory framework and
guidelines for using the world’s oceans and seas. It aims to use and
conserve marine resources and ensure the preservation and protection of
all the living beings of the sea.
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b) Legal Certainty: By providing legal certainty, including through the

establishment of clear maritime zones, rules for boundary delimitation,
and a comprehensive dispute settlement system, UNCLOS has done much
to ensure the peaceful uses of the ocean.
c) Protection of Marine Resources: UNCLOS has helped to safeguard marine
resources and conserve plant and animal life in the oceans.
d) Resolution of Maritime Disputes: UNCLOS has been instrumental in
resolving maritime disputes, thereby contributing to international peace.
e) Promotion of Stable International Interactions: The goal of international
law, including UNCLOS, is to encourage the conduct of stable, consistent,
and organized international interactions. It sets normative guidelines as
well as a shared conceptual framework for countries in a variety of
sectors.
Thus, UNCLOS plays a crucial role in promoting peace and harmony by
providing a legal framework for the use and conservation of the world’s oceans
and seas, resolving maritime disputes, and protecting marine resources.
Q13) Write a note on territorial Sea:

According to the United Nations Convention on the Law of the Sea (UNCLOS),
the territorial sea is defined as the area which extends up to 12 nautical
miles from the baseline of a country’s coastal state.
The territorial sea is under the jurisdiction of that particular country.
However, foreign ships, both merchant and military, are allowed passage
through it, this concept is known as 'innocent passage’.
The sovereignty of the coastal state also extends to the seabed below and
the airspace above the territorial sea.
The possession of this territory is neither optional, nor dependent upon the
will of the State, but compulsory.
Q14) Write a note on Contiguous Zone?

The Contiguous Zone as per the United Nations Convention on the Law of the
Sea (UNCLOS) is an intermediary zone between the territorial sea and the
high seas. It extends up to 24 nautical miles from the baselines of a country’s
coastal state or 12 nautical miles beyond the territorial sea limit. The coastal
State does not exercise sovereignty over this part of the sea, however the
coastal state has the right to both prevent and punish infringement of its
laws and regulations concerning customs, fiscal, immigration, or sanitary
25
matters within its territory. However, unlike the territorial sea, the
contiguous zone only gives jurisdiction to a state on the ocean’s surface and
floor. It does not provide air and space rights.
Q15) Write a note on Continental Shelf?

The United Nations Convention on the Law of the Sea (UNCLOS) defines the
continental shelf as the submerged prolongation of the land territory of the
coastal state. It comprises the seabed and subsoil of the submarine areas
that extend beyond its territorial sea to the outer edge of the continental
margin, or to a distance of 200 nautical miles from the territorial sea
baselines where the outer edge of the continental margin does not extend up
to that distance.
➢ Legal Rights: The continental shelf falls under the jurisdiction of the
coastal state, giving it rights to the resources found there.
➢ Natural Resources: The continental shelves are rich in oil and natural gas
resources. A large quantity of the world’s petroleum and natural gas is
obtained from these shelves.
➢ Marine Life: The shallow water over the shelf enables sunlight to
penetrate through the water to the bottom and encourages the growth of
microscopic plants and animals called planktons. These planktons are the
food for fishes. It is a habitat for a vast number of marine organisms,
including fish etc.
➢ Economic Importance: The continental shelves are of great economic
importance due to the abundance of resources they contain.
Q16) Write a note on High Seas?

The High Seas, as per the United Nations Convention on the Law of the Sea
(UNCLOS), are defined as "all parts of the sea that are not included in the
exclusive economic zone, in the territorial sea or in the internal waters of a
state, or in the archipelagic waters of an archipelagic states.
The ocean surface and the water column beyond the EEZ are referred to as
the high seas. It is considered as “the common heritage of all mankind” and
is beyond any national jurisdiction. States can conduct activities in these
areas as long as they are for peaceful purposes, such as transit, marine
science, and undersea exploration.
The high seas are open to all states, whether coastal or landlocked. This
freedom includes:
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➢ Freedom of navigation
➢ Freedom of overflight
➢ Freedom to lay submarine cables and pipelines
➢ Freedom to construct artificial islands and other installations
➢ Freedom of fishing
➢ Freedom of scientific research
Jurisdiction: On the high seas, ships are subject to the flag states’
exclusive jurisdiction. Thus, only the flag state of the vessel has
jurisdiction over that vessel.
Q17) Write a note on Kyoto Protocol?

Ans) The Kyoto Protocol is an international treaty that aims to reduce
greenhouse gas emissions and combat climate change. It is based on the
United Nations Framework Convention on Climate Change (UNFCCC), which
was signed in 1992 by nearly all nations.
The Kyoto Protocol has two main features:
➢ It sets binding emission reduction targets for 37 industrialized countries
and economies in transition and the European Union. These targets are
based on the principle of “common but differentiated responsibility and
respective capabilities”, which recognizes that developed countries are
largely responsible for the current high levels of greenhouse gas emissions
in the atmosphere.
➢ It establishes a market-based mechanism to help countries meet their
emission reduction targets. This mechanism includes emissions trading,
joint implementation, and the clean development mechanism. These
mechanisms allow countries to trade emission credits, invest in emission
reduction projects, or generate credits from projects that reduce
emissions elsewhere.
The Kyoto Protocol has been ratified by 192 parties as of 2022. However,
it has faced some challenges and criticisms, such as:
➢ The United States withdrew from the protocol in 2001, citing economic
concerns and lack of international support.
➢ Some developing countries have argued that the protocol is unfair and does
not take into account their historical responsibility or their different levels
of development.
27
➢ Some environmental groups have claimed that the protocol does not go far
enough to address the root causes of climate change or to promote
renewable energy sources.
In order to extend the Kyoto Protocol beyond its first commitment period
(2008-2012), a new amendment was adopted in Doha, Qatar, in 2012. The
amendment entered into force in 2020 and sets new emission reduction
targets for 37 parties for a second commitment period. The Kyoto Protocol
is considered a landmark agreement in the history of international
environmental cooperation. It has contributed to raising awareness about
climate change and its impacts, as well as stimulating innovation and
investment in low-carbon technologies.
Q18) What is the role of supreme court in preservation of human rights in

India?
Ans) The Supreme Court of India plays a crucial role in the protection of
human rights in the country. Here are some key points:
a) Guardian of Fundamental Rights: The Supreme Court is considered the
guardian of fundamental rights enshrined in the Constitution of India. It
has the power to declare any law void if it encroaches upon these rights.
b) Protection of Human Rights of Prisoners: The Supreme Court has been
particularly observant against the violation of human rights of prisoners.
It has expanded the scope of Article 21, which guarantees the Right to
Life and Personal Liberty, to include the rights of prisoners.
c) Public Interest Litigation (PIL): The Supreme Court has used Public
Interest Litigation as a tool to safeguard the fundamental freedom of
individuals who are destitute, illiterate, and ignorant. Through PIL, the
judicial process is set in motion for the protection of the rights of
prisoners.
d) Judicial Activism: The Supreme Court exercises judicial activism, going
beyond the statute to exercise discretionary power to provide justice.
This has been crucial in the protection of fundamental rights.
e) Issuance of Writs: The Supreme Court and High Courts can issue writs to
the government/government agencies for the enforcement of rights. These
writs include Habeas Corpus, Mandamus, Prohibition, and Qua-Warranto.
f) Role in Prison Reforms: The Supreme Court has directed states to renovate
prison administration, thereby playing a significant role in prison reforms.
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Through these measures, the Supreme Court of India has significantly

contributed to the protection and preservation of human rights in the country.
It continues to serve as an institution for providing fruitful remedies against
the violations of human rights.
Q19) Write a note on Corfu Channel Case?

The Corfu Channel case was a landmark case in international law, involving
the dispute between the United Kingdom and Albania over the responsibility
for the damage and loss of life caused by mines in the Corfu Channel in 1946.
The case was heard by the International Court of Justice (ICJ) between
1947 and 1949, and resulted in three judgments by the Court.
Brief Facts of the Case:
In May 1946, during the Greek civil war, three British warships passed
through a narrow part of the Corfu Channel, which was claimed by Albania
as its territorial waters. Albanian shore batteries opened fire on the ships,
but did not hit them. In October 1946, two British war ships were damaged
by mines that had been laid by unknown parties. One ship sank, killing 19
crew members, and another ship was severely damaged. The United Kingdom
accused Albania of having laid or allowed a third state to lay the mines after
mine-clearing operations had been carried out by the Allied naval authorities.
The Jurisdiction of the ICJ
➢ In March 1948, Albania filed an application to challenge the jurisdiction
of the ICJ over its case. The United Kingdom accepted this challenge and
raised its own counter-application to seek reparations from Albania. The
ICJ ruled on this issue in April 1948, finding that it had jurisdiction to
hear both cases, as it had been referred to it by a recommendation of
the Security Council under Article 36(1) of its Statute.
Issues of the Case:
➢ Whether Albania liable under international law for the mine explosions that
took place in October 1946, in Albanian waters, along with the resulting
equipment damage and fatalities?
➢ Whether the United Kingdom infringed Albania's sovereignty by conducting
minesweeping operations without the government's permission?
➢ Whether the United Kingdom entitled for damages for the loss incurred?
Judgement:
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➢ After hearing oral arguments from both parties and examining evidence
submitted by them, the ICJ issued its first judgment on this issue. The
Court concluded that the North Corfu Channel should be considered as
belonging to the class of international highways through which an innocent
passage does not need special approval and cannot be prohibited by a
coastal State in time of peace. The Court found that Albania was
responsible under international law for causing damage and loss of life to
British ships by laying or allowing mines in its waters without any
authorization or justification. Although it did not accept the view that
Albania had itself laid the mines or granted permission to another entity,
it held that the mines could not have been laid without the knowledge of
the Albanian Government according to the principle of state responsibility.
➢ Court found that the minesweeping had violated Albanian sovereignty,
because it had been carried out against the will of the Albanian
Government.
➢ In a third Judgment, rendered on 15 December 1949, the Court assessed
the amount of reparation owed to the United Kingdom and ordered Albania
to pay £844,000.
Q20) Explain the role of NGO on protection of Human Rights in India?
Ans) NGOs, or non-governmental organizations, are private entities that work
to promote the interests of the poor, provide social services, and undertake
community development. NGOs play a vital role in the protection of human
rights in India, as they work on various issues such as child labour, right to
education, health, trafficking of women and children, food security,
disappearance of persons, violation of human rights in prisons and the disabled
etc.
Role of NGO in women empowerment:
➢ Training & Skill Development - NGOs train poor women and provide them
opportunities of self-employment to improve their social and economic
status. They also cultivate the habit of thrift and credit among the poor
women to improve their quality of life.
➢ Legal Awareness and Property Rights - NGOs are working with women to
generate awareness regarding their legal rights. They also provide loan
facilities to buy land in groups.
➢ Fair Trade - Fair trade is a relative term and is about giving poor people
power. NGOs help to cut down on the middlemen and ensure producers get
a fair price for their work. They act as facilitators in this process.
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➢ Credit / Micro Credit / Self-help groups - Provision of credit paves way

for social justice and empowerment. NGOs target and help women by
providing credits as they have a history of being better re-payers of loan.
➢ Capacity building - Keeping in view of the present state of economic
liberalization, NGOs are also involved in equipping self-employed women
with information, knowledge, technology, training and managerial
techniques.
➢ Vishaka and Others v. State of Rajasthan, a writ petition was filed before
the Supreme Court by certain social activists and NGO's with the aim of
preventing sexual harassment of working women in all work places through
judicial process, to fill the vacuum in existing legislation.
Role of NGO in protecting rights of Childrens:
a) Eliminating child labour - To end child labour, NGOs offer intervention,
both at the demand and supply side.
Demand Side: NGOs educate trade organisation to reach out to business
owners and educate them about the evils of child labour. If necessary,
they perform regular raids at workplaces like farms and factories where
child labour is practiced, and free these children from the practices of
bonded labour.
Supply Side: NGOs also develop relationships with locals in villages and
cities to report child labour within businesses. Families are advised to push
their child towards higher education, with the support of NGO scholarships
and other programs. Access to education and essential services are enabled
to prevent families from taking the desperate decision of selling their child
into a life of slavery.
b) Education: NGO’s emphasises the importance of education to children and
communities working to establish 'safe schools' that do not discriminate
on gender, caste or socio-economic background. Facilitates 'Inclusive
Learning Friendly Environments', pushing for a financial framework &
supporting and promoting the Right to Free and Compulsory Education Act
2009. Create fun school environments, using child-friendly and interactive
methods. Driving funding for libraries, computers, sports equipment and
Mobile Learning Centers. Bringing out-of-school children back to the
classroom.Bringing street children and child labourers back to school
c) Offering Healthcare To Underprivileged Children - The birth mortality
rate in the country is considerably high because parents are unaware of
the essential healthcare and nutrition requirements of the mother and the
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infant. NGOs work on reducing newborn deaths by (a) Making people aware
of what they need to do during pregnancy and immediately after it; (b)
Building an ecosystem that supports infant survival and health. Training
NGO workers to provide immediate healthcare assistance needed by
pregnant females, new mothers, and newborn children. Promoting the
implementation of policies that offer better healthcare to infants and
moms. Giving better access to nutrition and supporting public health.
Apart from above, NGO’s are also active in development of youth, protection
of senior citizen rights; facilities for physically/mentally disabled people.
Thus, NGO’s play active role in protection of various human rights of people
in India falling under various segments.
Q21) What are the rights of the arrested persons?

Ans) The powers for making an arrest by police are subject to restraints and
judicial supervision and scrutiny to protect the fundamental right to life under
Article 21 of the Constitution of India of all persons. The imposition of such
restraint is clearly the recognition of rights of the arrested person. The
arrested person has following rights:
a) Right to know the grounds of Arrest: Every police officer or any other
person who is authorised to arrest a person without a warrant should
inform the arrested person about the offence for which he is arrested
and other grounds for such an arrest.
b) Right to be produced before the Magistrate without unnecessary delay: A
police officer making an arrest without a warrant should produce the
arrested person without unnecessary delay before the Magistrate having
jurisdiction or a police officer in charge of the police station.
c) Rights to be released on Bail: An arrested person has the right to be
released on bail unless there are reasonable grounds to believe that he
has committed a non-bailable offence. A police officer who is arresting a
person for a offense is required to inform the person arrested about their
right to bail, that they are entitled to bail as per provision of law, and
that they can arrange for sureties on their behalf.
d) Rights to a fair trial: Every arrested person has the right to a fair trial.
e) Right to consult a lawyer of his choice: The arrested person has the right
to consult a lawyer of his choice.
f) Right to free legal aid: If the arrested person does not have sufficient
means to engage a lawyer, he has the right to free legal aid. The Supreme
32
Court in the case of in Khatri(II) v. the State of Bihar has held that the
state is under a constitutional obligation to provide free legal aid to an
indigent accused person as is implicit in Article 21 of the Constitution.
g) Right against self-incrimination: The arrested person has the right against
self-incrimination. The right against self-incrimination is a legal principle
that grants individuals the right to refuse to answer questions or provide
evidence that could be used to incriminate themselves in a criminal
case. This right is often referred to as the privilege against self-
incrimination or the right to remain silent. In India, the right against
self-incrimination is provided under Article 20 (3) of the Constitution. It
states that 'No person accused of an offence shall be compelled to be a
witness against himself.
h) Right to be examined by a registered medical practitioner: If the arrested
person requests for a medical examination, he has the right to be examined
by a registered medical practitioner. When any person is arrested, he
shall be examined by a medical officer in the service of Central or State
Government, and in case the medical officer is not available, by a
registered medical practitioner soon after the arrest is made. If the
arrested person is a female, the examination of the body shall be made
only by or under the supervision of a female medical officer, and in case
the female medical officer is not available, by a female registered medical
practitioner.
i) No detention for more than 24 hours: An arrested person must be brought
before a magistrate immediately. If the police officials fails to produce
an arrested person before a magistrate within 24 hours of the arrest,
the police officials shall be held guilty of wrongful detention
These rights are designed to protect the fundamental rights of the arrested
person and to ensure that the law enforcement authorities follow due process
of law while dealing with persons accused of committing a crime.
Q22) Do you think India should abolish capital punishment? Justify your
opinion.
Death penalty or capital punishment is the highest degree of punishment that
can be awarded to an individual under any penal law in force in any part of
the world. In 2007, the UN General Assembly passed a resolution calling for
a moratorium on the administration of the death penalty by the 59 countries
that still retained it. India is one of them, even if it does not employ it as
33
frequently as countries such as Iran, China, Pakistan, Saudi Arabia, and the
U.S.
Arguments in favour of abolishing of capital punishment:
a) Execution of innocent people: Innocent individuals have been executed in
the past and will continue to be executed in the future. No matter how
advanced a legal system is, it will always be vulnerable to human errors.
b) Inhuman: Human rights and dignity are incompatible with the death
penalty. The death sentence is a violation of the right to life, which is
the most fundamental of all human rights. Furthermore, the death penalty
degrades the basic dignity of every human being.
c) Other Justifications: India is in a minority on death penalty as 140
countries have abolished it. Mercy powers have failed to act as the final
safeguard against miscarriage of justice. There is no conclusive evidence
that capital punishment deters crime more effectively than other
punishments.
Arguments against abolishing of capital punishment:
a) Prevention of future crimes - It will prevent future offences. Future
crimes may be discouraged by imposing the worst punishment for the
most terrible of offences. This has a profound effect on human
psychology.
b) Ensuring Justice - The death penalty ensures that justice is served.
The Preamble to the Indian Constitution aims to achieve, among other
things, justice for all Indian citizens.
c) Judicial Reasoning - It is not imposed arbitrarily. The death sentence
in India is not imposed on the basis of no evidence or without any logic
or reasoning. In India, capital punishment is only applied in the rarest
of circumstances for the most heinous of crimes.
d) Human Rights - Under the guise of human rights, a convicted criminal’s
potential threat to society cannot be avoided. Furthermore, it would
not be correct to grant “human” rights to criminals who have lost any
sense of humanity.
Conclusion
In my opinion, capital punishment in India should not be abolished. For years,
capital punishment has been a contentious issue not only on a worldwide level
but also on a national level in India. It shall help to curtail the terrorism in
India, Even the Law Commission of India has favored retaining the death
penalty, citing it as necessary for the maintenance of law and order. As the
34
death penalty is painless and speedy, it serves to preserve resources that

might otherwise be wasted or could be employed elsewhere if wrongdoers
were just imprisoned or confined behind bars thereby posing threat to the
society. At the same time, Indian judicial system is matured enough with
adequate provisions for appeals and pardon. Further, as mentioned above,
they are given only in most heinous crimes involving threat to lives of large
number of people. So capital punishment should not be abolished.
35
Situational Questions:
Q1) Ram was an under trial handcuffed during transit between the jail and
the court for the trial of his case (i) Which constitutional right of Mr. Ram
was violated (ii) Write relevant case and explain the decision of the court?
Ans) (i) According to the Supreme Court of India, the use of handcuffs on
an under-trial prisoner during transit between the jail and the court for the
trial of his case violates his fundamental right under Article 21 of the
Constitution, which guarantees the right to life and personal liberty.
(ii) One of the relevant court cases that dealt with this issue is Prem Shankar
Shukla vs Delhi Administration, which was decided by a five-judge bench of
the Supreme Court. In this case, Mr. Shukla, who was an under-trial prisoner
in Tihar Jail, filed a writ petition challenging the use of handcuffs on him by
the police during his transit from jail to court and back. He argued that
handcuffs violated his human dignity and amounted to torture. The Supreme
Court agreed with him and declared that handcuffs are an arbitrary,
unreasonable, and unconstitutional practice that must be stopped forthwith.
The court also directed that any person who is arrested or detained should
be treated with respect and dignity at all times. The court held that
handcuffs are a form of dehumanization and humiliation that degrade the
dignity and self-respect of a person.
Q2) A mail steamer flying a French flag and a Turkish Vessel collided in
the high Seas. The Turkish Vessel sank of 7 persons were killed. The French
steamer proceeded in its voyage and entered Turkish – waters. Here, the
captain was arrested. He was punished. The French Government challenged
the jurisdiction of Turkey in punishing the captain. The case was decided (i)
What do you mean by High Sea? (ii) What is the name of the case and which
court decided the case?
Ans) The High Seas, as per the United Nations Convention on the Law of the
Sea (UNCLOS), are defined as "all parts of the sea that are not included in
the (a) exclusive economic zone, (b) in the territorial sea or (c) in the internal
waters of a state, or in the archipelagic waters of an archipelagic states.
The ocean surface and the water column beyond the EEZ are referred to as
the high seas. It is considered as “the common heritage of all mankind” and
is beyond any national jurisdiction. States can conduct activities in these
36
areas as long as they are for peaceful purposes, such as transit, marine
science, and undersea exploration.
The high seas are open to all states, whether coastal or landlocked. This
freedom includes:
➢ Freedom of navigation
➢ Freedom of overflight
➢ Freedom to lay submarine cables and pipelines
➢ Freedom to construct artificial islands and other installations
➢ Freedom of fishing
➢ Freedom of scientific research
Jurisdiction: On the high seas, ships are subject to the flag states’ exclusive
jurisdiction. Thus, only the flag state of the vessel has jurisdiction over that
vessel.
(b) The name of the popular case is Lotus Case. The lotus case was decided
by Permanent Court of International Justice. The lotus case concerns the
criminal trial between France and Turkey, where the clash between these two
countries' vessels took place in the high sea on 2 August 1926. The case was
accepted and the decision was made by the permanent court of international
justice. The two issues of the case are as under:
i) Did Turkey violate international law when Turkish courts exercised
ii) If the reply is yes, what economic and financial compensation should be
made to Mr. Demons, in relation to the international law, if Turkey is
found to infringe these principles?
Judgement:
In this case, the court found that there was no rule of international law
prohibiting Turkey from prosecuting Lieutenant Demons (Captain of France
Flag vessel). Therefore, Turkey was within its rights to bring charges against
Lieutenant Demons. This judgement established the Lotus principle or Lotus
approach, which is considered a foundation of international law. It states
that sovereign states may act in any way they wish so long as they do not
contravene an explicit prohibition.
Q3) A 22 year boy old boy who was detained in connection to the missing
of a minor girl in OP state was found hanging from a three fit pipe using a
hood draw string in the toilet. Is there a violation of any fundamental human
37
rights? (a) Identify and explain. (b) How can NHRC help the family of the
deceased to get compensation.
Ans a) Based on the information provided, it appears there may be potential
violations of fundamental human rights. However, it’s important to note that
a thorough investigation would be necessary to confirm any violations. Some
of the potential issues are as under:
i) Right to Life and Personal Liberty (Article 21 of the Indian Constitution):
Every person has the right to life and personal liberty. If the boy was
not provided with adequate protection while in custody, leading to his
death, it could be seen as a violation of this right.
ii) Protection from Cruel, Inhuman, or Degrading Treatment or Punishment
(Article 5 of the Universal Declaration of Human Rights): If the conditions
of his detention were such that they led to his death, it could potentially
be seen as a violation of this right.
iii) Right to a Fair Trial (Article 10 of the Universal Declaration of Human
Rights): If the boy was detained without being charged or given a fair
trial, it could be seen as a violation of this right.
iv) Presumption of Innocence (Article 11 of the Universal Declaration of
Human Rights): Every person charged with a penal offence has the right
to be presumed innocent until proven guilty according to law in a public
trial at which he has had all the guarantees necessary for his defence.
If the boy was treated as guilty without a proper trial, it could be seen
as a violation of this right.
These are potential issues based on the information provided and actual
determination of human rights violations would require a thorough investigation
by appropriate authorities.
b) The National Human Rights Commission (NHRC) of India can play a
significant role in helping the family of the deceased to get compensation:
i) Investigation: The NHRC can conduct an investigation into the incident.
If it finds that there has been a violation of human rights, it can
recommend that the concerned government or authority pay
compensation to the victim’s family.
ii) Recommendation for Compensation: The NHRC can recommend the
payment of compensation to the victim’s family if it finds that the
victim’s human rights were violated.
38
iii) Follow-up on Implementation: Once the NHRC makes a recommendation,

it follows up with the concerned government or authority to ensure that
the recommendation is implemented.
iv) Legal Support: The NHRC can also provide legal support to the victim’s
family in their pursuit of justice.
v) Creating Awareness: The NHRC works towards creating awareness
about human rights and the remedies available when these rights are
violated.
It’s important to note that the NHRC’s recommendations are not binding
on the authorities. However, they carry significant weight, and non-
compliance is viewed seriously.
Q4) The closure of many small scale industries during pandemic is resulting
into loss of job to the daily wage workers who worked in this small scale
industries. Many labourers and their family members are facing acute
starvation in many times resulting into death. (a) which human rights of
labourers are violated in the above case. (b) what can be done to improve
the human rights conditions of the labourers in above context.
Ans a) The situation described in the question involves several potential human
rights violations. Here are some of the key rights that may be impacted:
i) Right to Work: The closure of small scale industries and subsequent job
losses violate the right to work, which is a fundamental human right
recognized in several international legal instruments.
ii) Right to an Adequate Standard of Living: This includes the right to food
and the right to be free from hunger. If workers and their families are
facing starvation, this right is being violated.
iii) Right to Social Security: If the workers are not receiving any form of
financial aid or support after losing their jobs, their right to social security
could be considered violated.
iv) Right to Health: The mental and physical stress caused by job loss and
financial insecurity can have serious health implications, potentially
violating the right to health.
v) Right to Non-Discrimination: If the closures disproportionately affect
certain groups (for example, based on race, gender, or socioeconomic
status), it could be a violation of the right to non-discrimination.
39
It’s important to note that states have an obligation under international human
rights law to respect, protect, and fulfill these rights, and they must take
steps to mitigate the negative impacts of the pandemic on these rights.
b) The following can be done to improve the human rights conditions of the
labourers in above context.
Improving the human rights conditions of labourers, particularly those
affected by the closure of small-scale industries involves multi-faceted
approaches:
i) Government Policies: Governments can implement policies to provide
financial aid or stimulus packages to small-scale industries, which can help
them survive economic downturns and prevent job losses.
ii) Unemployment Benefits: Governments can also provide unemployment
benefits or direct cash transfers to workers who have lost their jobs due
to the pandemic.
iii) Skill Development Programs: Governments and NGOs can organize skill
development programs for these workers, which can help them find jobs
in other industries.
iv) Labour Rights: Ensuring that labour rights are respected is crucial. This
includes fair wages, safe working conditions, and the right to form or join
trade unions.
v) Legal Aid: Providing free legal aid to workers who have been unfairly
treated can also help protect their rights.
vi) Awareness Programs: Conducting awareness programs about workers’ rights
can empower them to stand up against exploitation.
vii) International Cooperation: Countries can work together to establish
international labour standards and ensure they are enforced.
viii) Corporate Social Responsibility: Companies can be encouraged to take
up CSR initiatives that focus on the welfare of workers.
ix) NGO Initiatives: NGOs can play a significant role in providing relief to
affected workers, from distributing food and essentials to helping them
find new job opportunities.
Thus it can be observed from above that improving the human rights
conditions of labourers requires the collective effort of governments,
businesses, NGOs, and society at large.
Q5) In recent times there have been ceasefire violation along the India –
Pakistan border on many occasions resettling into loss of life of army men
40
and civilians. i. What are the result of such ceasefire violations under
International Law? ii. What are the rights of affected states in such
situations?
Ans) A ceasefire is like a pause button in a conflict or war. It’s when the
countries or groups involved agree to stop fighting for a while. This break in
fighting can be used for various reasons like helping injured people, talking
to each other to find a peaceful solution, or just to prevent more violence.
However, maintaining a ceasefire can be tough because trust issues, past
violations, or new threats can lead to more fighting.
The result of ceasefire violations under international law depends on the
nature and extent of the violations, as well as the applicable rules and
principles. Generally speaking, ceasefire violations can have negative
consequences for both the parties involved and the international community.
Some of these consequences are:
➢ Loss of lives and injuries: Ceasefire violations can cause death and injury
to civilians, soldiers, and other participants, as well as damage to civilian
infrastructure and property. This can create humanitarian crises, increase
suffering, and undermine trust and confidence between the countries.
➢ Escalation of violence: Ceasefire violations can trigger a cycle of
retaliation, provocation, and escalation that can lead to further hostilities,
military operations, or even a full-scale war. This can pose serious threats
to regional and global security, stability, and peace.
➢ Breach of commitments: Ceasefire violations can undermine the credibility
and effectiveness of ceasefire agreements or arrangements that aim to
end an armed conflict or prevent its outbreak. This can erode the political
will and commitment of the parties to pursue a peaceful resolution of their
disputes through dialogue and negotiation.
➢ Violation of human rights: Ceasefire violations can violate various human
rights norms and standards that are relevant for armed conflict situations,
such as the right to life, liberty, security, dignity, fair trial, humanitarian
access, protection from torture or ill-treatment, etc. This can expose the
parties to accountability mechanisms at national or international levels.
Rights of affected States:
The rights of states affected by ceasefire violations are determined by
international law and can vary based on several factors. Here are some
general rights that affected states typically have:
41
i) Right to Self-Defence: Under international law, states have the right to

defend themselves against an armed attack, including ceasefire violations.
This includes the right to use necessary and proportionate force to repel
the attack.
ii) Right to Seek Redress: Affected states can seek redress for ceasefire
violations through various means, such as diplomatic protests, negotiations,
mediation, arbitration, or judicial proceedings at national or international
levels.
iii) Right to Humanitarian Assistance: In cases where ceasefire violations
result in a humanitarian crisis, affected states have the right to receive
humanitarian assistance. This includes the right to request and receive aid
from other states, international organizations, or non-governmental
organizations.
iv) Right to Restoration of Rights: If a ceasefire violation results in the
occupation of a state’s territory, the affected state has the right to have
its territorial integrity and sovereignty restored.
v) Right to Compensation: If a ceasefire violation causes damage or loss, the
affected state has the right to request and receive compensation from
the responsible state.
Q6) Nepal is a land locked state which has no access to sea. There are
several such other states in the world that are land locked states.
a) Do the land locked states enjoy free access to the sea? Explain.
b) What terms is used for the state which allows its territory to be used by
the landlocked states?
c) What is land locked state?
Ans a) Yes, landlocked states do have rights to access the sea. These rights
are outlined in various international conventions and agreements. The United
Nations Convention on the Law of the Sea (UNCLOS) 1982, for instance,
provides rights for landlocked states on the sea. More importantly, the
convention provides them with the right of access to and from the seas and
freedom of transit. However, the law makes such rights subject to the
agreements to be made by landlocked and transit states.
This means that landlocked countries have the right to access and use the
sea for trade purposes. Coastal states have the obligation to provide
landlocked countries with reasonable and non-discriminatory access to the
42
sea. If disputes arise, diplomatic negotiations and peaceful settlement

methods should be used to resolve them.
However, the practical realization of these rights often depends on the
prevailing relations between the concerned states. If they are not in a smooth
relation, the transit states may not be willing to negotiate and thereby put
impediments on the landlocked states’ free transit. The political will and
commitment of transit states highly influences the rights of landlocked
states. In conclusion, while landlocked states do have legal rights to access
the sea, the practical realization of these rights often depends on bilateral
and multilateral agreements with transit states.
b) The term used for a state which allows its territory to be used by
landlocked states is a "transit state". These states have coastal access and
agree to allow landlocked states to transit goods across their territory to or
from a coastal port.
c) According to the United Nations Convention on the Law of the Sea
(UNCLOS), a landlocked state is defined as 'a state which has no sea-
coast’. In other words, it is a state that does not have direct access to the
ocean and depends on its neighbouring states to access the sea. This means
that all of its borders are surrounded by land, often making access to open
sea and international waters more challenging.
Q7) In a judgment, the Supreme Court of India reinforced the argument

that all the organs of the government such as legislature, executive, and
judiciary, must act according to the constitutional mandate of equality
between men and women.
(a) Mention any 2 landmark judgment reinforcing the right of equality for
women.
(b) Mention some of the measures taken by the Parliament to incorporate the
above observation of Supreme Court.
Ans a) The two landmark judgements reinforcing the rights of equality for
women are:
i) Vishaka Vs State of Rajasthan: This case arose from the gang-rape
of Bhanwari Devi, a social worker from Rajasthan, who was working to prevent
a child marriage. The Supreme Court, in this case, commissioned the Vishaka
guidelines that defined sexual harassment and put the onus on the employers
to provide a safe working environment for women.
43
ii) The case of Nargis Mirza vs. Air India, officially known as “Air India
vs. Nergesh Meerza”, was a landmark case in India that dealt with gender
discrimination in employment. The case challenged Regulations 46 and 47 of
the Air India Employees Service Regulations, which created a substantial
degree of disparity between male and female employees. The regulations
imposed different retirement ages for male and female employees and allowed
for the termination of the services of air hostesses in cases of pregnancy or
marriage. The retirement age for air hostesses was 35 years, as opposed to
58 for their male counterparts. The Supreme Court of India, after hearing
arguments from both parties, ruled that the clauses regarding retirement and
pregnancy were unconstitutional and ordered for them to be struck down with
immediate effect. Furthermore, Regulation 47 of the Air India Employees
Service Regulations was also struck down, as it was found to suffer from
excessive delegation of powers without any reasonable guidelines. It
highlighted the importance of equality in employment and set a precedent for
future cases involving similar issues.
b) In order to incorporate the above observations, Government of India made
various provisions/ various laws for protection of women rights which inter-
alia includes:
➢ Women’s Reservation Bill: The Parliament passed the Women’s Reservation
Bill, also known as the Constitution (128th Amendment) Bill. This landmark
legislation reserves 33% of seats in the Lok Sabha, state assemblies, and
National Capital Territory of Delhi for women. The reservation will be
effective after the census conducted after the commencement of this Bill
has been published.
➢ Other initiatives like passing of prevention of sexual harassment at
workplace (POSH) Act, Beti Bachao Beti Padao Yojana, Mahila Shakti
Kendra, Rashtriya Mahila Kosh, Pradhan Mantri Matru Vandana Yojana,
Deen Dayal Upadhyay National Urban Livelihoods Mission (DAY-NULM
which is a mission focusing on creating opportunities for women in skill
development, leading to market-based employment, providing mandatory
maternity benefits under special legislation, special legislations for womens
working in mines, beedi and cigar industry etc, passing of prevention of
sexual
Thus it is observed that government is having number of initiatives for
benefit of women and the same are increasing through more awareness.
44
Q8) The Closure of many tea gardens in the state of Assam is resulting into
loss of job to the daily wage workers who worked in these tea gardens. Many
labourers and their family members are facing acute starvation many a times
resulting into deaths.
i. Which rights of labourers are violated in the above case?
ii.What are your suggestions to improve the condition of laborers in above
situation.
Ans) The situation described in the question involves several potential human
rights violations. Here are some of the key rights that may be impacted:
i) Right to Work: The closure of small scale industries and subsequent job
losses violate the right to work, which is a fundamental human right
recognized in several international legal instruments.
ii) Right to an Adequate Standard of Living: This includes the right to food
and the right to be free from hunger. If workers and their families are
facing starvation, this right is being violated.
iii) Right to Social Security: If the workers are not receiving any form of
financial aid or support after losing their jobs, their right to social security
could be considered violated.
iv) Right to Health: The mental and physical stress caused by job loss and
financial insecurity can have serious health implications, potentially
violating the right to health.
v) Right to Non-Discrimination: If the closures disproportionately affect
certain groups (for example, based on race, gender, or socioeconomic
status), it could be a violation of the right to non-discrimination.
The following can be done to improve the human rights conditions of the
labourers in above context.
Improving the human rights conditions of labourers, particularly those
affected by the closure of small-scale industries involves multi-faceted
approaches:
i) Government Policies: Governments can implement policies to provide
financial aid or stimulus packages to small-scale industries, which can help
them survive economic downturns and prevent job losses.
ii) Unemployment Benefits: Governments can also provide unemployment
benefits or direct cash transfers to workers who have lost their jobs due
to the pandemic.
45
iii) Skill Development Programs: Governments and NGOs can organize skill
development programs for these workers, which can help them find jobs
in other industries.
iv) Labour Rights: Ensuring that labour rights are respected is crucial. This
includes fair wages, safe working conditions, and the right to form or join
trade unions.
v) Legal Aid: Providing free legal aid to workers who have been unfairly
treated can also help protect their rights.
vi) Awareness Programs: Conducting awareness programs about workers’ rights
can empower them to stand up against exploitation.
vii) International Cooperation: Countries can work together to establish
international labour standards and ensure they are enforced.
viii) Corporate Social Responsibility: Companies can be encouraged to take
up CSR initiatives that focus on the welfare of workers.
ix) NGO Initiatives: NGOs can play a significant role in providing relief to
affected workers, from distributing food and essentials to helping them
find new job opportunities.
Thus it can be observed from above that improving the human rights
conditions of labourers requires the collective effort of governments,
businesses, NGOs, and society at large
*****
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Mumbai University

3 Years LLB- Semester V (December 2023),

Q1) What is international law?

Q2) What are the sources of international law?

Q3) What is Jus Cogens

slave trade, torture or other inhuman treatment, prolonged arbitrary

Q4) What is law of sea?

Q5) What do you mean by a “treaty” ?

act whereby a State establishes on the International plane its consent to be

Q6) What are different kinds of treaties?

Q7) What are human rights?

Q8) What is peaceful settlement of international dispute?

Q9) What is public international law?

Q10) What is meant by Judicial Activism?

Q11) Write a short note on Exclusive Economic Zone (EEZ)?

Q12) What is defacto recognition?

Q14) What is Universal Declaration of Human Rights (UDHR)?

are entitled to irrespective of their caste, creed, race, gender, nationality,

Q15) What is International Labour Organisation?

Q16) What is Pacta Sunt Servanda?

human rights. It is a statutory body mentioned in the Constitution of India

Q18) What are the two issues of lotus case?

Q19) What is Asylum ?

Q20) What is innocent passage?

Q21) What is agenda 21?

Q22) Meaning of UNEP?

Q23) What are the major functions of UNEP?

➢ Engaging with national governments, NGOs, etc. in relation to

Q24) What is the meaning of land locked states?

Q25) What is ICCPR?

Q26) State Two rights under ICCPR?

Q27) What is monistic Theory?

Q28) What is double jeopardy?

Q29) What is rebus sic stantibus?

Q30) What is opinio Juris?

Q31) Two objectives of WHO

Q32) What is magna carta?

Short Notes & Descriptive Questions.

Q1) International Court of Justice.

Q2) Note on CEDAW.

Q3) What is Lotus Case?

Q4) What are the sources of international law?

Q5) Short note on National Human Rights Commission?

Q6) International law is weak law according to Austin. Explain?

Q8) Short note on peaceful settlement of international dispute?

Judicial Settlement: This involves the submission of the dispute to an

Q9) Short note on “treaty” ?

Q10) What is recognition of states? Explain various theories of recognition?

Q11) Explain the ‘concept of judicial activism’ in implementation of

b) Legal Certainty: By providing legal certainty, including through the

Q13) Write a note on territorial Sea:

Q14) Write a note on Contiguous Zone?

Q15) Write a note on Continental Shelf?

Q16) Write a note on High Seas?

Q17) Write a note on Kyoto Protocol?

Q18) What is the role of supreme court in preservation of human rights in

Through these measures, the Supreme Court of India has significantly

Q19) Write a note on Corfu Channel Case?

➢ Credit / Micro Credit / Self-help groups - Provision of credit paves way

Q21) What are the rights of the arrested persons?

death penalty is painless and speedy, it serves to preserve resources that

iii) Follow-up on Implementation: Once the NHRC makes a recommendation,

i) Right to Self-Defence: Under international law, states have the right to

sea. If disputes arise, diplomatic negotiations and peaceful settlement