I.D.
END TERM EXAMINATION, APRIL 2017
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. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Critically comment on Naturalist Theory as the basis of International law
b. Discuss the relevancy of Fictional Theory regarding subjects of international law
c. Concept of Protectorate territories under international law
d. Impact of Statelessness under International Law
e. Explain in detail the Blackstonian Doctrine
f. Mediation as a pacific mode of settlement of international disputes under UN Charter
g. Possibility of Collective Recognition under public international law
h. Discuss briefly the Constitutive theory of State Succession
i. Recognition of Belligerency
j. Relevance of Embargo under international law
2. As discussed by A. Nussbaum in A Concise History of the Law of Nations, re. edn, New York,
1954 and Malcolm N. Shaw in International Law, Cambridge University Press that the
foundation of international law (or the law of nations) as it is understood today lie firmly in
the development of western culture and political organization. But this is a wrong notion as
the Ancient Indian Scriptures are full of well-established principles of modern international
law. But none of the western scholar has taken it seriously.
In the light of abovementioned paragraph, discuss in detail the different stages of development
of Public International Law. (Marks 10)
3. The role of the state in the present world is very complex. According to legal theory, each
state is sovereign and equal but in reality with the phenomenal growth in communications and
consciousness, and with the constant reminder of global rivalries, not even the most powerful
states can be entirely sovereign in its traditional sense. It was right pointed out by the various
scholars that interdependence of contemporary international commercial and political society
ensures that virtually any action of state could well have profound repercussions upon the
system as a whole and the decisions under consideration by other states. This has led to the
situation where at least the same topic is subject to regulation at both domestic and
international level.
Critically analyze the abovementioned paragraph with the prevailing theories in international
law. (Marks 10)
PTO
4. A collision occurred on the high seas between Mercury, a vessel of State and Camaro, a
vessel of State The Camaro sank and eight nationals of State died as a result. The 10
survivors of the Camaro (including its captain) were taken to State on board the Mercury.
In State the officer on watch of the Mercury, was charged with manslaughter. The State
protested strongly against this action, alleging that State did not have the jurisdiction
to try the offence.
On the basis of the facts given, did State violate international law while exercising
jurisdiction over a crime committed by a national of State and outside State Justify
your answer with the various principles laid down under international law regarding state
jurisdiction. (Marks 10)
5. In the Chorzów Factory case the Permanent Court of Justice explained the principle of State
Responsibility as:
"It is a principle of international law, and even a greater conception of law, that any breach
of an engagement involves an obligation to make reparation."
With the help of abovementioned dictum, define the principle of State Responsibility under
international law. Also discuss the kinds and consequences of State Responsibility.
(Marks 10)
6. National asylum systems are in place to determine who qualifies for international protection.
However, during mass movements of refugees, usually as a result of conflict or violence, it is
not always possible or necessary to conduct individual interviews with every asylum seeker
who crosses a border. These groups are often called 'prima facie' refugees
(http://www.unhcr.org/asylum-seekers.html accessed on 14th April, 2017). According to the
office of the United Nations High Commissioner for Refugees (UNHCR) at the end of 2014,
there were approximately 1.8 million people around the world waiting for a decision on their
asylum claims.
In the light of abovementioned facts from UNHCR, discuss the problem of asylum. Also
discuss the kinds and relevant international law on the issue of asylum. (Marks 10)
7. What do you mean by the principle of Jus Cogens? Explain with the help of examples.
How is it relevant under the Vienna Convention on the Law of Treaties 1969?
Discuss the relevance of Article 33 of the UN Charter in the maintenance of international
peace and security. (Marks