2013Paper IQ8(b)Section B
Question 142
A member of European Union has witnessed widespread disturbances, consequent upon a military coup, including censorship on all forms of media and communication, targeting civilians sympathetic with the ousted by assaulting and killing, severe rationing and control on essential commodities such as fuel and food resulting into galloping inflation. In the light of these grave violation of human right, examine the role of: (i) Security Council (ii) European Court of Human Rights 25.
United Nations and Global InstitutionsHuman Rights and Humanitarian Law
Source reference: UPSC Law Optional 2013, Paper I, Q8(b), source page 78.
Direct link to this question2012Paper IQ5(a)Section B
Question 143
It is often said that customary international law is earlier to apply than to define. What are the inherent problems in defining 'custom' and how can a custom be considered as a source of international law?
Sources, Nature and Theory
Source reference: UPSC Law Optional 2012, Paper I, Q5(a), source page 70.
Direct link to this question2012Paper IQ5(b)Section B
Question 144
With reference to the relationship between international law and municipal law, discuss the 'transformation' and 'specific adoption' theories. How can these two theories be harmonized with reference to States' obligations under relevant international law.
Treaties and State Relations
Source reference: UPSC Law Optional 2012, Paper I, Q5(b), source page 70.
Direct link to this question2012Paper IQ5(c)Section B
Question 145
Identify and comment on the three major grounds for a State party to avoid its treaty obligations.
Treaties and State Relations
Source reference: UPSC Law Optional 2012, Paper I, Q5(c), source page 70.
Direct link to this question2012Paper IQ5(d)Section B
Question 146
The rules of the humanitarian law of war have clearly acquired the status of 'just cogens', for they are the fundamental rules of a humanitarian character, from which no derogation is possible without negating the basic consideration of humanity which they are intended to protect." Evaluate the above statement and also point out the major distinction between humanitarian law and law relating to human rights.
Use of Force and Peaceful SettlementHuman Rights and Humanitarian Law
Source reference: UPSC Law Optional 2012, Paper I, Q5(d), source page 70.
Direct link to this question2012Paper IQ5(e)Section B
Question 147
Do you agree with the statement that 'United Nations is a World Government? Give reasons for your answer.
United Nations and Global Institutions
Source reference: UPSC Law Optional 2012, Paper I, Q5(e), source page 70.
Direct link to this question2012Paper IQ6(a)Section B
Question 148
What is a meant by right of national self determination of peoples and what is its role in the creation of a new State? Critically examine how minority right can be protected while balancing the territorial integrity of State at the same time. 30?
Human Rights and Humanitarian Law
Source reference: UPSC Law Optional 2012, Paper I, Q6(a), source page 72.
Direct link to this question2012Paper IQ6(b)Section B
Question 149
'Legal restraint on the use of force' is the fundamental postulate on which the conception of enforcement of peace is based upon in modern international law. Enumerate and elucidate various international legal instruments with the help of which this concept is actually practiced.
Use of Force and Peaceful Settlement
Source reference: UPSC Law Optional 2012, Paper I, Q6(b), source page 72.
Direct link to this question2012Paper IQ7(a)Section B
Question 150
With the exception of disputes of an exclusively legal character which are usually submitted to arbitration of judicial settlement, it is purely a matter of policy or expediency which of the different methods is to be adopted for composing a particular difference between States." Explain the different methods of peaceful dispute settlement envisaged by the United Nations Charter and examine the appropriateness of each in different situations.
United Nations and Global InstitutionsUse of Force and Peaceful Settlement
Source reference: UPSC Law Optional 2012, Paper I, Q7(a), source page 72.
Direct link to this question2012Paper IQ7(b)Section B
Question 151
In the light recent European crisis, critically assess the success of regional organizations of countries for cooperation in matters of trade and commerce. How far do geo-political proximities further economic cooperation?
Public International Law - General
Source reference: UPSC Law Optional 2012, Paper I, Q7(b), source page 72.
Direct link to this question2012Paper IQ8(a)Section B
Question 152
Having regard to the United Nations Convention on Law of Sea (UNCLOS-III), which came into force in 1994, and its tow predecessor UN Conventions on the Law of the Sea, analyse how far these conventions have been able to effectively codify customary international law of sea.
Sources, Nature and TheoryUnited Nations and Global InstitutionsJurisdiction, Territory and Sea
Source reference: UPSC Law Optional 2012, Paper I, Q8(a), source page 74.
Direct link to this question2012Paper IQ8(b)Section B
Question 153
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 1966 providing an enforcement mechanism for individual in the international sphere is a watershed moment for the enthusiasts of second generation rights. Discuss the proposed mechanism, its significance and viability.
Public International Law - General
Source reference: UPSC Law Optional 2012, Paper I, Q8(b), source page 74.
Direct link to this question2011Paper IQ5(a)Section B
Question 154
One extreme view is that International Law is a system without sanctions. However, it is not quite true that there are no forcible means of compelling a state to comply with International Law. Comment and state various sanctions for the observance of International Law.
Public International Law - General
Source reference: UPSC Law Optional 2011, Paper I, Q5(a), source page 52.
Direct link to this question2011Paper IQ5(b)Section B
Question 155
'The Universal Declaration of Human Rights is comprehensive and has to some extent affected the content of national laws, being expressly invoked by tribunals, yet it is not a legal instrument and some of its provisions could hardly be said to represent legal rules. Some of its provision either constitute general principles of law or represent element considerations of humanity. Perhaps its greatest significance is that it provides an authoritative guide, produced by the General Assembly, to the interpretation of the provisions in the Charter.' Comment and discuss the importance of the Universal Declaration of Human Rights.
Human Rights and Humanitarian Law
Source reference: UPSC Law Optional 2011, Paper I, Q5(b), source page 52.
Direct link to this question2011Paper IQ5(c)Section B
Question 156
The Stockholm Conference of 1972 on the human environment served to identify those areas in which rules of International environment law, acceptable to international community as a whole can be laid down, and as well as those areas in which the formation of environmental rules must encounter insurmountable obstacles. Discuss the principles of international environment law proclaimed in the Stockholm Declaration.
Public International Law - General
Source reference: UPSC Law Optional 2011, Paper I, Q5(c), source page 52.
Direct link to this question2011Paper IQ5(d)Section B
Question 157
What is international terrorism? Discuss various actions taken by the United Nations to eliminate the causes underlying international terrorism.
United Nations and Global Institutions
Source reference: UPSC Law Optional 2011, Paper I, Q5(d), source page 52.
Direct link to this question2011Paper IQ6(a)Section B
Question 158
The distinction between 'dejure/defacto recognition' and 'recognition as the dejure and defacto government' is insubstantial, more especially as the question is one of intention and the legal consequences thereof in the particular case. If there is a distinction it does not seem to matter legally." Comment and discuss the distinction between the two.
Treaties and State Relations
Source reference: UPSC Law Optional 2011, Paper I, Q6(a), source page 58.
Direct link to this question2011Paper IQ6(b)Section B
Question 159
Vessels on the high seas are subject to no authority except that of the State whose flag they fly. In virtue of the freedom to the sea, that is to say, the absence of any territorial sovereignty upon the high seas, no State may exercise any kind of jurisdiction over foreign vessels upon them." Give a critical appraisal of this principle in the light of the case law and views of the International Law Commission.
Jurisdiction, Territory and Sea
Source reference: UPSC Law Optional 2011, Paper I, Q6(b), source page 58.
Direct link to this question2011Paper IQ7(a)Section B
Question 160
The principle of State being obliged to "settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered" is generally bashed aside by the tendencies of the nation-states of being reticence to submit disputes to independent, impartial adjudication, particularly not accepting in advance the compulsory jurisdiction of an independent judicial body." Explain the statement with reference at least to one such conflict existing in the world and also prepare a module for promoting negotiations among nations, using new opportunities created by globalisation.
Jurisdiction, Territory and Sea
Source reference: UPSC Law Optional 2011, Paper I, Q7(a), source page 52.
Direct link to this question2011Paper IQ7(b)Section B
Question 161
Extradition as a rule is effected by bipartite treaty. There is, therefore, no duty to extradite in the absence of a treaty. Further, the extradition treaties normally relate only to serious crimes and impose the same obligation on both the parties concerned." Give your opinion on the correctness of this statement with reference to the existing position under the International Law. Also critically examine this practice in the light of ever increasing individual movements for trade and service to suggest necessary modifications in law.
Treaties and State Relations
Source reference: UPSC Law Optional 2011, Paper I, Q7(b), source page 52.
Direct link to this question2011Paper IQ8(a)Section B
Question 162
The four Geneva Conventions of 1949 for the protection of war victims cover the wounded and sick and land warfare; the wounded, sic and ship-wrecked in warfare at sea; prisoners of war; and civilians. Discuss these protections.
Jurisdiction, Territory and SeaUse of Force and Peaceful Settlement
Source reference: UPSC Law Optional 2011, Paper I, Q8(a), source page 60.
Direct link to this question2011Paper IQ8(b)Section B
Question 163
'The United Nations is capable of legal development in accordance with the needs and circumstances. The Uniting for Peace Resolution, 1950 is its example.' Discuss the validity of this resolution.
United Nations and Global Institutions
Source reference: UPSC Law Optional 2011, Paper I, Q8(b), source page 60.
Direct link to this question2010Paper IQ5(a)Section B
Question 164
The fundamental principles of International law are passing through a serious, criss and this necessitates its reconstruction." Do you agree with this statement? Give reasons.
Public International Law - General
Source reference: UPSC Law Optional 2010, Paper I, Q5(a), source page 44.
Direct link to this question2010Paper IQ5(b)Section B
Question 165
Omment on the statement that 'WTO' is the main organ for implementation of Multilateral Trade Agreements and is the third economic pillar or the worldwide trade and commerce.
United Nations and Global Institutions
Source reference: UPSC Law Optional 2010, Paper I, Q5(b), source page 44.
Direct link to this question2010Paper IQ5(c)Section B
Question 166
A reservation, which purports to exclude or to modify the legal effects of certain provisions of the treaty in their application to that State, is accepted in practice if it is compatible with the object and purpose of the treaty. Discuss the practice of different nations and the opinion of ICJ regarding admissibility of reservation to the conventions.
United Nations and Global InstitutionsTreaties and State Relations
Source reference: UPSC Law Optional 2010, Paper I, Q5(c), source page 44.
Direct link to this question2010Paper IQ5(d)Section B
Question 167
What is reservation to a treaty which purports to exclude or to modify the legal effects of certain provisions of the treaty? Discuss the practice of different nations and the opinion of the ICJ regarding reservations.
United Nations and Global InstitutionsTreaties and State Relations
Source reference: UPSC Law Optional 2010, Paper I, Q5(d), source page 44.
Direct link to this question2010Paper IQ6(a)Section B
Question 168
'The traditional definitions of International Law with their restriction to the conduct of States inter se, in view of developments during the last six decades, cannot stand as a comprehensive description of all the rules now acknowledged to form part of International Law.' Comment.
Public International Law - General
Source reference: UPSC Law Optional 2010, Paper I, Q6(a), source page 46.
Direct link to this question2010Paper IQ6(b)Section B
Question 169
Discuss with illustrations the law and the practice of various States in relation to non-recognition of governments.
Non-RecognitionInternational LawState Recognition
Source reference: UPSC Law Optional 2010, Paper I, Q6(b), source page 34.
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