Public International Law 3rd Semester 2nd Year CCSU, Meerut Important Questions

0
1686

Q. 1. Define International Law as given by Oppenheim. What would be the appropriate definition of International Law in present context? OR International Law is not a true law but a code of rules of moral force only. Discuss. OR International Law is a Positive Morality. Discuss. OR International Law is a binding body of rules applied by and to the States in their international intercourse. Explain.

Q. 2. Discuss the nature of International Law. Do you agree with the view that International Law is merely a positive morality. OR `International Law is the vanishing point of jurisprudence’. Discuss while examining the nature of International Law. OR “International Law is law in the making” Jethro Brown. Do you bescribe to this view? “International Law is law by analogy (Holland). Comment. OR “International Law is law by courtesy (Holland). Comment.

Q. 3. What is the basis of obligation in International Law? In this connection discuss the positivistic and naturalistic theories. OR Describe the main principles of the basis of International Law and justify the right basis of International Law. OR How far auto limitation or self-determination , Pacta sunt servanda and consent theory are valid bases of International Law?

Q. 4 (a). What are the sources of International Law. OR Describe the treaties as a source of International Law. OR Discuss briefly the sources of International Law and point out the position of decisions of the ICJ as a source of International Law. OR What do you understand by the general principles of law recognized
by civilized States? Do you consider these as sources of International Law? Discuss. OR Most of the International Law has been customary. Comment. OR How far do you agree with the view of Positivists that treaties and customs are the only sources of International Law?

Q. 4 (b). Define international treaties and explain various kinds of treaties.

Q. 4 (c). How are the treaties concluded and when do they become binding ? OR Discuss the formation and its various stages in relation to treaties. OR What are the various steps through which a treaty has to pass before enforcement? Explain in brief. OR What are the formalities for making a treaty?

Q. 4 (d). When do the obligations arising out of treaties in International Law come to an end ? Discuss. OR Describe various modes of termination of treaties and discuss fundamental change of circumstances as a ground for terminating a treaty.. .

Q. 4 (e). Write a critical note on Ratification of a Treaty. What are the consequences of non ratification of a Treaty?

Q. 4 (f). Explain the following maxims—(i) Pacta Sunt Servanda, (ii) Pacta Terties Nec Nocent Nec Prosunt, (iii) Rebus Sic Stantibus. . 21 Q. 5 (a). Discuss the contributions of various civilizations in the development of International Law. .

Q. 5 (b). Trace the history of development of International Law.

Q. 5 (c). Discuss the contribution of Grotius to the International Law. Can he be considered to be the father of International Law?

Q. 5 (d). Write an essay on codification of International Law.

Q. 6 (a). Discuss the relation and difference between the International Law and Municipal Law. OR Discuss the relation between International Law and Municipal Law. Refer to leading cases. . ”

Q. 6 (b). What do you understand by subject of International Law? What are the subject matter of International Law and why? OR What do you know about the subject of International Law?

Q. 6 (c). Examine the position of individuals and International organizations as subject of International Law. .

Q. 6 (d). Discuss the concept of sovereignty in International Law. 34

Q. 6 (e). “The Jurisdiction of a State is not always coincident with its territory”—Discuss. OR What is territorial sovereignty? When it goes out of its geographical limits 9

Q. 6 (1). Define State. Discuss the essentials of a State

Q. 7 (a). ‘State responsibility concerning International duties is, therefore a legal responsibility’. Explain this statement. OR What do you know about State responsibility? What are the State responsibilities in relations to foreigners? .

Q. 7 (b). Discuss the main theories of Recognition of State. Which theory is more useful today? OR What is Recognition ? Do you agree that recognition is the declaration of present fact? Reply with reasons. Discuss the modes of Recognition
OR
State the Theories of Recognition of a State. Distinguish between Recognition of a State and Recognition of Government. OR “State is and becomes an international person through recognition only and exclusively”. Discuss. OR “Recognition is not a constituent but a declaratory act”. Discuss. Describe de facto and de jure recognition. .

Q. 7 (c). Define the ‘State Succession’. Discuss briefly the principles of State Succession in respect of Treaties. OR What do you understand by ‘State Succession’ ? How far does such succession affect the treaties and public debts of the State succeeded? What do you understand by State Succession ? To what extent does succession take place to (a) the treaty rights and obligations; (b) the contractual obligation of the extinct of State ? Explain.

Q. 7 (d). Is the principle of State Succession binding for the membership of UNO and other international institutions?

Q. 8 (a). What is intervention? Discuss the grounds an which intervention can be justified. OR Can one State intervene with the other State on the ground of self defence? .

Q. 8 (b). Explain the various theories of intervention. ……….

Q. 9 (a). Discuss the different modes of acquisition and loss of State territory. OR Describe in detail the modes of acquisition and loss of territory__

Q. 9 (b). Define Nationality. Discuss the modes of acquisition of Nationality. OR Define Nationality from stand point of International Law. Discuss in
this context the doctrine of real and effective bond of Nationality. OR Define Nationality. Describe the development and importance of law related to Nationality. .

Q. 9 (c). What do you understand by extradition ? What are the rules of extradition ? Who cannot be extradited ? OR Explain the law relating to extradition. Refer to important cases……

Q. 9 (d). What are the different categories of diplomats? What are the duties of diplomats ? How can they be removed,

Q. 10 (a). Discuss the privileges and immunities of diplomatic agents of the State. Does their breach give rise to State responsibility? OR Discuss the immunities of foreign sovereign and diplomatic personnel.
OR
What is the basis of immunities and privileges of diplomatic envoys? Also discuss the main privileges and immunities of diplomatic envoys. OR Discuss the kind of diplomatic envoys and comment on their immunities and privileges..

Q. 10 (b). What do you understand by the freedom of High Seas? Discuss the theory related to it .

Q. 11. Write short notes on the following – Piracy, Maritime Belt, International Sea bed Area, Continental Shelf, Five Freedom of Air, outerspace and upper strata. .

Q. 12 . Define Hijacking. Discuss the universal jurisdiction in respect of the crime of Hijacking. .

Q. 13. Write short notes on the following-(1) Doctrine of Calvo. (2) Criminal jurisdiction in International Law (3) Double Nationality
(4) Double Veto. (5) Regionalism. (6) Asylum. (7) Prize Courts. (8) The Monroe Doctrine. (9) Drago Doctrine. ……….

Q. 14. What were the reasons behind the establishment of United Nations ? Explain its objects and principles. OR How far do you agree with the suggestion that the U.N.O. is the world Government. Give reasons. .

Q. 15. Is withdrawal of member State from the U.N.O. possible ? Can the U.N.O. expell a membr State? -OR Discuss the law relating to membership of U.N.O. .

Q. 16 (a). Give the composition, Principal committees, power and functions of General Assembly of the United Nations. OR Discuss the composition and functions of United Nations General Assembly. OR Referring to the relevant provisions of the Charter of U.N.O., discuss the composition and function of the General Assembly.

Q. 16 (b). Explain the Constitution and functions of the Security Council. OR Discuss the composition and functions of the Security Council of the United Nations. Also discuss critically the contribution of the Security
Council for the maintenance of International peace.

Q. 17 (a). What is meant by power of veto in Security Council? Which of the nations have the power of veto? Discuss the merits and demerits of the power of veto.

Q. 17 (b). Describe organization and scope of International Court of Justice. OR What is the jurisdiction of International Court of Justice? What has been its contribution in the settlement of international disputes? OR Discuss the jurisdiction of International Court of Justice. Is a decision of the Court binding upon the parties,

Q. 18 (a). Discuss the composition of the Secretariat of U.N.O. and explain the functioning of the General Secretary.

Q. 18 (b). Discuss the composition, power and functions of the Economic and Social Council. .

Q. 18 (c). Discuss the compositions, function and powers of Trusteeship Council. .

Q. 18 (d). Write short notes on the following specialized agencies of the U.N.O. 1. 11.0. 2 W.H.O. 3. UNESCO. 4. World Bank. 5. International Monetary Fund

Q. 19 (a). Discuss peaceful means for the settlement of International Disputes and show light on them. OR Discuss the various peaceful modes of the settlement of international disputes. OR
Discuss the various diplomatic procedures for the peaceful settlement of international disputes.

Q. 19 (b). Discuss the compulsive means for the settlement of International disputes. OR Write note on Retorsion, Reprisal as compulsive means of settlement of International disputes..

Q. 19 (c). Write short note on unity for Peace Resolution of 1950. Has the resolution been utiliz.ed for maintaining International Peace and Security. OR
Write a brief essay on Uniting for Peace Resolution, 1950.

Q. 19 (d). What is the concept of Neutrality ? Is Neutrality possible under the Charter of U.N.0.? OR Define Neutrality and write a short note on the development of Neutrality. What are justified grounds of Neutrality ? OR Examine the characteristics of the concept of Neutrality and point out the inodilications in the concept during and after the Second World War.
OR
‘Neutrality is now a thing of the past.’ Examine the statement in the light of the provisions of the U.N. Chatter. OR ‘Neutrality is incompatible with the objectives of the member States under the Charter of the United Nations. Discuss

Q. 20 (a). Mention briefly the neutral rights and duties in Land warfare.

Q. 20 (b). Define blockade. Describe the valid grounds of blockade. Enumerate the conditions when blockade is lifted. OR Define ‘war time blockade’. How does it differ from peaceful blockade? What are the legal requirements for a valid war time blockade?

Q. 20 (c). Explain he behaviour of belligerent State towards war prisoners..

Q. 20 (d). Discuss the fact and formulated principles of the following cases-1. Nuremberg Trial, 1946. 2. The Paquete Habana and Loal case. 3. S.S. Lotus case 1927. .