I.D. END TERM EXAMINATION, APRIL-2018 B.A.LL.B. (HONS.) SEMESTER-IV Public International Law Max. Marks: 60 Time Allowed: 3:00 Hrs. Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks was extradited from Britain to the United States on the ground for murdering a fellow servant on an American Ship. But later on in the United States, was tried not for murder but for causing grievous hurt to a man named Discuss the validity of the trial in the light of relevant principle. Pacta tertiis nec nocent nec prosunt The output of Reparation for Injuries Suffered in the Service of the United Nations case (1949) with regard to subjects of International Law. Doctrine of Fundamental rights under International Law Distinguish between the Transformation Theory and Incorporation Theory. The Stimson doctrine Evidentiary theory of State Recognition The Concept of Neutralized State under International Law. Tobar Doctrine Principle of jus sanguinis
2. "The nature of territorial sovereignty in relation to criminal acts was observed in the Lotus case where the French steamer, the Lotus, was involved in a collision on the high seas with the Boz-Kourt, a Turkish collier. Boz-Kourt sank and eight sailors and passengers died as a result. When the French officer was charged with manslaughter and France protested strongly against this action, alleging that Turkey did not have the jurisdiction to try the offence. The matter came before the Permanent Court of International Justice, where the Court rejected the French claim that the flag state had exclusive jurisdiction over the ship on the high seas, saying that no rule to that effect had emerged in international law, and stated that the damage to the Turkish vessel was equivalent to affecting Turkish territory so as to enable that country to exercise jurisdiction on the objective territorial principle, unrestricted by any rule of international law prohibiting this." The abovementioned case demonstrates the complex nature of State's Criminal Jurisdiction and its implications. In the light of abovementioned paragraph discuss the state jurisdiction and prevalent principles of state criminal jurisdiction. (Marks 10)
3. Discuss in detail the procedure adopted in India for the implementation of Treaties and Customary International Law. Wherever it is required, also discuss the relevant provisions of the Constitution of India and important case laws. (Marks 10)
4. J. Sztucki discussed in "Jus Cogens and the Vienna Convention on the Law of Treaties, New York, 1974" as: "The concept of jus cogens is based upon an acceptance of fundamental and superior values within the system and in some respects is akin to the notion of public order or public policy in domestic legal orders." Critically analyze the abovementioned observation in the light of the Vienna Convention on the Law of Treaties 1969. (Marks 05) Discuss the concept of "reservation" provided under Article of the Vienna Convention on the Law of Treaties, 1969.Also discuss the fraud as a ground for invalidity of a treaty. (Marks 05) PTO
5. Discuss the concept of State Territory with the help of Judge Huber's opinion in the Island of Palmas case (1928). Also discuss in detail the various modes of acquisition of the territory. (Marks 10)
6. How is nationality different from citizenship? Also discuss the various reasons responsible for loss of nationality. (Marks 05) State was taken over and assimilated by state Pursuant to this event the status of state was entirely changed. Discuss the nature of the said event in the light of international law on state succession. (Marks 05)
7. Discuss the concept of Retorsion under International Law. How are Reprisals distinguishable from acts of Retorsion, which are in themselves lawful acts? (Marks 05) Why are Individuals considered as a subject of International Law? Explain with the views of Hans Kelsen, Westlake and Starke. Also give the justification for such an inclusion. (Marks 05)