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PUBLIC INTERNATIONAL LAW ARUNA SOMALARAJU 1
PUBLIC INTERNATIONAL LAW
MODULE 1 MODULE 2
1.1 Nature, Origin and Historical 2.1 State Territory (Constitution, acquisition, loss)
Development of International Law 2.2 State Jurisdiction
1.2 Definitions of International Law 2.3 State Responsibility
1.3 Fundamentals of International Law - 2.4 The Law of the Sea: (Law of Sea Convention, 1982)
Theories and Doctrines in International 2.4.1 Maritime Zones:
Laws A. Territorial Sea:
1.4 Definition of Nationality, Concept of i. Anglo-Norwegian Fisheries Case (United Kingdom v.
Norway), ICJ Rep. 1951, p.116
Double Nationality, Distinction between
ii. Corfu Channel Case, ICJ Rep. 1949
Nationality and citizenship
B. Contiguous Zone
1.5 Sources of International Law: C. Continental Shelf
- Custom D. Exclusive Economic Zone
- Treaties E. High Seas
- General principles of Law Recognized by 2.4.2 Delimitation of Adjacent and Opposite Maritime
Civilized Nations Boundaries:
- Judicial Decisions A. North Sea Continental Shelf Cases, ICJ Rep. 1969
- Writings of Jurists B. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982
- Equity C. Republic of Italy v. Union of India (2013) 4 SCC 721
- Resolutions of the General Assembly D. In the Matter of the Bay of Bengal Maritime Boundary
1.6 Relationship between International Arbitration (between the People's Republic of Bangladesh
Law and Municipal Law (Monistic Theory, and the Republic of India), 2014
Dualistic Theory) 2.5 Concept of Common Heritage of Mankind Relating to
1.7 Recognition of States and Government the Resources of International Sea-bed Area
2.6 International Seabed Mining: Parallel System of Mining
MODULE 3 MODULE 4
3.1 Law of Treaties 4.1 WHO, Global Health Law
- Definition, kinds and essentials Consortium Communicable
- Inception, interpretation of treaties Diseases, and the International
- Rights and duties of parties Health Regulations
- Validity and enforcement 4.2 International Health
3.2 The United Nations Organisation: Regulations (IHR)
A. The United Nations Organisation 4.3 General Principles of
B. The General Assembly International Trade Laws,
C. Security Council UNCITRAL, International
D. United Nations Economic and Social Council Arbitration Laws and TRIPS
E. The International Court of Justice (ICJ) 4.4 International Laws on Air and
F. The Secretariat Space Rights
G. The International Trusteeship System and Trusteeship Council
3.3 International Specialised Agencies Protection Agencies and
NGOs
- ILO
- WTO
- Amnesty International
- UNESCO
- UNICEF
- UNDP and UNEP
MODULE 1
1) What is the nature, origin and historical development of international law?

Nature of International Law:
• International law is the set of rules that helps countries work together and get along.
• It covers areas like human rights, trade, environmental protection, and managing oceans.
• Unlike laws within a country, international law doesn’t have a single authority to enforce it.
• Instead, it relies on countries agreeing to follow the rules voluntarily.
• Each country controls its own territory and must agree to international rules for them to apply.
• International law depends on cooperation between countries.
• Organizations like the United Nations (UN) and the International Court of Justice (ICJ) help enforce
international law.
• The goal of international law is to encourage countries to address global issues together.
• Different experts have various definitions of international law, but all agree it guides respectful relations
between countries.
• The main idea of international law is to help countries interact respectfully and fairly.
Origin of International Law:
• International law started thousands of years ago in early civilizations like Mesopotamia and Greece.
• Ancient Rome had a concept called “law of nations” to guide relations with other countries, which
influenced later ideas.
• During the Middle Ages, the Catholic Church’s rules influenced how rulers governed.
• Thinkers like St. Augustine created the idea of “just war,” setting rules for when war could be considered
morally right.
• In 1648, the Treaty of Westphalia established the idea that each country should control its own affairs—
this was a big step for international law.
• A philosopher named Hugo Grotius helped lay the groundwork for international law, saying countries
should respect each other’s rights.
• In the 1800s, countries began formally organizing these rules, creating agreements like the Geneva
Convention to set rules for how wars should be conducted humanely.
Historical Development of International Law:
• International law developed gradually, with early rules influenced by ideas from ancient Greece and Rome.
• In the Middle Ages, the Catholic Church’s laws and the “just war” theory shaped legal thinking.
• The Treaty of Westphalia in 1648 introduced the idea of national sovereignty, meaning each country
controls itself.
• In the 19th century, countries continued to create standard rules through treaties like the Geneva
Conventions, which set guidelines for conduct in war.
• In the 20th century, after two World Wars, countries saw the need for a global organization to maintain
peace, which led to the founding of the United Nations (UN).
• After World War II, protecting human rights became a major focus, starting with the Universal Declaration
of Human Rights in 1948.
• Since then, international law has expanded to include courts for handling war crimes and agreements on
global issues like the environment.
• For example, the Paris Agreement aims to fight climate change by getting countries to reduce their carbon
emissions.
2) Definitions of International law

Jurist Definition of International Law Criticism
Austin International law is not real law but a set of Criticized for limiting "law" to what a
"positive morality" because there is no government enforces, ignoring the influence
sovereign authority enforcing it. and respect given to international norms.
Hugo International law is based on natural law His idea of "natural law" is often seen as too
Grotius and the mutual consent of states. idealistic and doesn’t address situations
where countries ignore these principles.
Oppenheim International law consists of rules that Some argue that he overlooked enforcement
nations accept and observe in their relations mechanisms, making his definition limited
with one another. to voluntary compliance.
Bentham Defined international law as a body of rules His definition is criticized as being too
that govern relations between nations. vague, offering little insight into why or
how states are bound by these rules.
Strake International law governs the conduct of Critics say this view lacks focus on the role
independent states in their interactions. of international organizations and
individuals in modern international law.
Kelson International law is a legal order that is His view is often criticized as impractical
higher than national law and binds all because it assumes states will always accept
states. international law over their own laws.
Hackworth International law includes the practices and Some argue this definition is too focused on
agreements between states that create treaties and overlooks customary practices
binding rules. that also form a part of international law.
3) Is International law a true law?

Whether international law is "real law" is a big question in legal discussions. Unlike national laws, which are
enforced by a government, international law doesn’t have a single global authority to make sure countries follow
it. Instead, it depends on countries’ agreements, customs, and treaties that they are expected to respect. Because
of this, some people wonder if it has the same power and seriousness as the laws within a country.
John Austin, a legal philosopher, famously argued that international law is not true law because it lacks a
sovereign power to enforce it. According to Austin, true law must be a command issued by a sovereign and
enforced by a sanction. Since there is no "world government" to impose international laws on countries, Austin
considered international law to be merely a set of guidelines or "positive morality." For example, if a country
breaks a climate agreement, there isn’t an international police force to punish it directly. Austin felt that this lack
of strict enforcement meant international law wasn’t true law.
However, many other scholars argue that even without a central authority, international law still works effectively
as law. Countries generally follow international agreements because they see the benefits of cooperation and
don’t want to face negative consequences like economic sanctions, loss of trade, or damage to their reputation.
For example, most countries respect trade agreements made through the World Trade Organization (WTO)
because breaking them can lead to trade restrictions, which hurt their economies. Another example is the United
Nations Charter, where nearly all countries agree not to use military force against each other except in self-
defense. Even without direct enforcement, countries follow this rule because it helps maintain peace.
4) Define Public International law. Compare International law with Municipal law.
Public International Law is the body of rules and principles that governs the relationships between countries and
other international actors, such as international organizations. It covers issues like human rights, trade, conflict,
and the environment. This law helps maintain peace and cooperation between nations.
Aspect International Law Municipal Law

Scope Deals with relations between Governs the behavior of individuals and institutions
countries and international entities. within a country.
Source Based on treaties, conventions, Based on statutes, constitutions, and judicial decisions.
customs, and general principles.
Enforcement Lacks a central authority to enforce Enforced by national authorities like police, courts, and
it; relies on countries' willingness to governments.
comply.
Jurisdiction Applies to all countries and Applies within a single country’s territory.
international organizations.
Example The United Nations Charter, National laws like criminal law, labour laws, and tax
Geneva Conventions. regulations.
Binding Binding only if countries Binding for citizens and institutions within the country.
Nature voluntarily accept and ratify rules.
5) What are the fundamentals of international law, including its theories and doctrines?
International law is shaped by various theories and doctrines that explain how laws between countries are formed,
applied, and understood.
Theory/Doctrine Description Example

Natural Law This theory believes that international law is The idea that all human beings have the
Theory based on natural rights and universal principles right to life and freedom, as seen in
that apply to all people and nations, no matter documents like the Universal
what laws a country has. These principles are Declaration of Human Rights.
seen as part of human nature.
Positivism Positivism argues that international law is The World Trade Organization (WTO)
created by the consent of states. It focuses on agreements, where countries agree to
written rules, such as treaties and agreements, follow rules for trade between them.
and believes that law is what is actually agreed
upon, not what is morally right.
Legal Realism Legal realism focuses on how international law How the UN Security Council reacts to
is actually applied and enforced in practice. It international crises, like sanctions
suggests that the actions of states, rather than against a country for violating
strict rules, determine what the law will be in international rules.
reality.
Constructivism This theory believes that international law is The growing importance of climate
shaped by the ideas, beliefs, and identities of change in international law, where
the countries involved. It emphasizes that law countries now recognize environmental
changes as countries' ideas and values evolve. protection as a shared global
responsibility.
Human Rights This doctrine focuses on protecting individual The European Convention on Human
Doctrine rights and freedoms on a global scale. It Rights (ECHR), which protects the
emphasizes that certain rights, such as freedom rights of individuals in European
from torture or slavery, should be guaranteed countries.
to everyone.
State This doctrine holds that each state has the right The principle of non-intervention, which
Sovereignty to govern itself without outside interference. It says that no country should interfere in
Doctrine emphasizes that a state’s authority within its the internal affairs of another, as seen in
borders is supreme. conflicts where foreign countries do not
intervene in others’ domestic issues.
6) What is the difference between Nationality and citizenship?
Nationality Citizenship
Nationality is a person’s connection to a country by birth, Citizenship is a person’s legal status in a country,
ancestry, or ethnic background. granting rights and responsibilities.
Nationality is often inherited and based on family lineage Citizenship can be acquired through birth in the
or ethnic identity. country, naturalization, or residency
requirements.
Usually cannot be changed or given up if based on ancestry Can be renounced or lost, and a person can hold
or birth. citizenship in multiple countries (dual
citizenship).
Nationality alone typically doesn’t grant specific legal Citizenship provides specific rights, such as
rights or obligations within a country. voting, working in government, and access to
public services.
Nationality identifies a person’s cultural or ethnic link to a Citizenship is a political and legal link to a
country. country, involving participation in civic life.
Example: A person born to Indian parents is considered to Example: That person can hold Indian
have Indian nationality. citizenship and, if they become Canadian, can
have dual citizenship.
7) Define Dual nationality.

Dual nationality means that a person is legally recognized as a national of two countries at the same time. This
can happen automatically through different countries’ laws or by choice. For example, a child born in Canada to
Indian parents may have both Canadian nationality (by birth) and Indian nationality (by descent). People can also
acquire dual nationality later, for instance, if someone born in the UK becomes a U.S. citizen but keeps their UK
nationality.
Dual Nationality Single Nationality

A person is legally recognized as a national of two A person is legally recognized as a national of
countries at the same time. only one country.
Can happen automatically, like being born in a foreign Based on one set of nationality laws, usually by birth
country to parents with different nationality laws. or descent from parents of the same nationality.
Dual nationals have the rights and responsibilities in A person with single nationality has rights and
both countries. responsibilities only in their own country.
Example: A child born in the U.S. to Italian parents Example: A person born in Japan to Japanese parents
may be both a U.S. national and an Italian national. would typically only have Japanese nationality.
Dual nationality can sometimes cause conflicts, such Single nationality avoids these conflicts, as the person
as in military service or taxes, as laws may differ. is subject to only one country’s laws.
In some cases, one of the countries may not allow dual Single nationality doesn’t face such issues, as only
nationality, making it difficult to hold both. one country’s nationality laws apply.
8) What is the relationship between International law and Municipal law?

The relationship between international law (laws that govern countries’ interactions) and municipal (or domestic)
law (laws within a country) is explained mainly by two theories: Monism and Dualism.
1. Monism believes that international and domestic law are part of a single legal system. In monist countries,
once a treaty is signed, it directly becomes part of domestic law without needing new laws to be passed. In
this system, if international law and domestic law conflict, international law usually takes precedence.
o Example: In countries like France, Germany, and Belgium, if a treaty is signed, it automatically
becomes enforceable in domestic courts. In this view, if there’s a conflict, international law typically
overrides domestic law.
2. Dualism treats international law and domestic law as separate systems. In dualist countries, a treaty or
international rule does not become part of domestic law automatically. It requires the government to pass a
new law to incorporate that international rule into the domestic system.
o Example: India follows dualism. If the government signs an international treaty, the Parliament must
pass a law to make it applicable domestically. In India’s Constitution, Article 253 says that
international treaties require an act of Parliament to be applied at home.
Monism Dualism
International and domestic laws are part of a single International and domestic laws are treated as separate
legal system. legal systems.
International law directly applies in the country once International law needs to be translated into domestic
a treaty is ratified, without needing new domestic law through new legislation to be enforceable
legislation. domestically.
International law usually takes precedence over Domestic law takes priority unless a law is passed to
domestic law if there is a conflict. incorporate the international law.
Examples of monist countries: France, Germany, Examples of dualist countries: India, United Kingdom.
Belgium.
Famous supporters: Hans Kelsen, who argued that Famous supporters: Heinrich Triepel and Oppenheim,
international law should be above domestic law. who saw international and domestic law as independent
systems.
Example: In France, once a treaty is signed, domestic Example: In India, treaties require Parliament to pass a
courts can apply it directly. law before they are enforceable in domestic courts.
9) Explain the Recognition of states and Governments.

Recognition of states:
• When a new state is formed, such as from the splitting or disintegration of an existing state, it needs
recognition from other countries to be considered a full member of the international community.
• For example, after Yugoslavia broke up in the 1990s, new states like Croatia, Slovenia, and Bosnia and
Herzegovina emerged. They needed recognition to participate internationally.
• Recognition of a state confirms its international legal personality, meaning it has the ability to hold
rights, responsibilities, and the power to claim its rights under international law.
The recognition of states in international law is guided by two main theories:
Declaratory Theory Constitutive Theory

A state exists once it meets objective criteria A state only becomes a full member of the international
(territory, population, government, capacity for community when recognized by other states.
relations), regardless of recognition by other
states.
Recognition is merely an acknowledgment of an Recognition by other countries is essential to give the new state
existing fact and does not affect the state’s or government full international status and legal personality.
existence.
Commonly applied to the emergence of new Essential for a state or government to gain full legal standing
states where recognition is delayed but state internationally, impacting its participation in treaties and
functions are active. international forums.
Example: Bangladesh declared independence Example: After World War II, the state of Israel was created
from Pakistan in 1971, it functioned as a state in 1948, and its statehood became effective as other countries
even before being widely recognized. Under the recognized it. Some countries still do not recognize Israel,
declaratory theory, Bangladesh’s statehood limiting its relations in certain parts of the world. According to
existed as long as it met the basic criteria, and the constitutive theory, recognition by other states is essential
recognition was a formality. for full statehood in the international arena.
Recognition of Governments:
• It means acknowledging the authority of a new government to represent its country in international
relations.
• This is typically relevant when a government comes to power in an unusual way, like through a revolution
or military coup.
• For example, after the Communist Party took control in China in 1949, the United States did not
immediately recognize this new government, although China was still seen as a state.
Recognition of governments can take several forms:
Type of Description Example

Recognition
De Jure Formal acknowledgment of the U.S. officially recognized the Communist
Recognition government’s legitimacy and authority under government of China in 1979, granting it
international law. full legitimacy.
De Facto Acknowledgment that the government The Taliban’s control of Afghanistan in
Recognition controls territory and maintains order, but not 2021 was recognized de facto by some
fully accepted as legitimate. countries, but not yet fully legitimate.
Non- Occurs when a government is not The U.S. did not recognize the Taliban
Recognition acknowledged, often due to illegitimacy, use government after 1996 due to human rights
of force, or violations of international norms. violations and illegitimacy.
10) What are the forms of Recognition?
Recognition simply is a declaration of existence. Even though a state or government already exists before
recognition, recognition brings more power and unity.
Forms of Recognition:
a. Express recognition: When an existing state recognises the new state by announcing the intention of
recognition.
b. Implied recognition: It results from any act that implies recognising the new state.
c. Conditional recognition: It implies that the recognition granted is subject to the fulfilment of certain
conditions of the recognised state, in addition to the normal requirements of statehood. Conditional
recognition is not in practice now.
d. Premature or precipitate recognition: It is granted even when a state does not possess all the attributes of
statehood.
11) Discuss the various sources of International law.
International law consists of rules and principles that regulate the relationships and interactions between states
and other global entities. Its primary purpose is to ensure peace, security, and justice worldwide. The sources of
international law are drawn from a variety of treaties, customs, and practices that are widely recognized.
(cheat code-"C-T-G-J-W-E-R")
Source Description Example

Customary Customary international law refers to legal norms that have Diplomats, representing
International developed over time through the consistent and general practice their countries, are
Law of states, accompanied by a belief that such practices are legally immune from arrest or
obligatory (opinio juris). Unlike treaties, customary law is not detention in the host
written down or codified in agreements. Instead, it evolves from country. This is not
the regular behavior of states, which over time becomes accepted written in any specific
as binding. treaty, but it is universally
• For a practice to be recognized as customary international law, accepted by states as a
two conditions must be met: necessary practice in
international relations.
i. General Practice: The behavior must be widespread and
repeated by states across the globe.
ii. Opinio Juris: States must believe that such behavior is
required by law, not just as a matter of courtesy or
convenience.
Treaties A treaty is a formal, legally binding agreement between two or Paris Agreement: In
more states or international organizations. Treaties can cover a 2015, countries around
wide range of issues, such as trade, security, human rights, and the world signed this
environmental protection. Once signed and ratified, treaties treaty to combat climate
impose legal obligations on the parties involved, and they must change by limiting global
comply with the terms laid out in the treaty. temperature rise. By
ratifying the treaty, these
Treaties are typically written agreements, and they are the most countries agreed to
straightforward and commonly recognized source of international reduce their carbon
law. emissions and work
together to address
Treaties are generally negotiated and signed by representatives of environmental issues.
the states involved, and after signing, each country must ratify the
treaty according to its own legal processes (e.g., parliamentary
approval) before it becomes legally binding.
General General principles of law refer to fundamental legal norms that Due Process in legal
Principles of are common across the legal systems of most nations. These proceedings, which is
Law principles are used by courts to fill in gaps in international law common in both domestic
when there is no specific rule or treaty addressing a particular and international law.
issue. They serve as a guide for interpreting laws and resolving This principle ensures
disputes. that individuals are
treated fairly, are given
These principles are considered universal and apply regardless of notice of charges against
a country’s specific legal system or culture. They help ensure them, and have the
consistency, fairness, and justice in international relations. opportunity to defend
themselves before a
decision is made in legal
matters.
Judicial Judicial decisions, especially those from international courts and ICJ ruling in the case of
Decisions tribunals, play a crucial role in interpreting and developing Nicaragua v. United
international law. These decisions help clarify the meaning of States (1986). The court
existing laws and principles, and they often set precedents that ruled that the U.S.
guide future legal interpretations. International courts, such as the violated international law
International Court of Justice (ICJ) and International by supporting rebels in
Criminal Court (ICC), make binding decisions that influence the Nicaragua and ordering
application of international law. that the U.S. must cease
its actions. This decision
Judicial decisions are considered secondary sources of law helped shape how states
because they do not create new laws but provide authoritative should respect the
interpretations and guidance on existing legal principles. sovereignty of other
nations.
Writings of The writings of jurists, also known as legal scholars or academics, One of the most
Jurists significantly influence the development and interpretation of renowned international
international law. These writings provide in-depth analysis, law scholars, Hersch
commentary, and interpretation of legal issues, treaties, and Lauterpacht, has written
customary practices. While not legally binding, these writings are extensively on topics like
highly respected and often referenced by courts and international the rights of states and
bodies when making decisions. individuals in
international law. His
Legal scholars help clarify complex legal questions, suggest works are frequently cited
reforms, and highlight gaps or ambiguities in international law.
in legal cases and
discussions.
Equity Equity refers to the principle of fairness in law. In cases where A situation where two
there is no clear rule or law to apply, or where applying a rule may neighboring countries
lead to an unfair result, equity allows courts to make decisions share a river. If one
based on what is just and fair for all parties involved. country builds a dam that
harms the water supply of
In international law, equity is used to resolve disputes when the other, equity would
existing laws or treaties do not provide a clear solution. This help ensure a fair solution
principle helps ensure that justice is served, even in complex or by considering the needs
ambiguous cases. and rights of both parties,
rather than simply
applying a rigid rule that
might favor one country
over the other.
Resolutions The United Nations General Assembly (UNGA) passes UNGA Resolution 70/1:
of the resolutions that are not legally binding but hold significant weight which adopted the 2030
General in international relations. These resolutions represent the Agenda for Sustainable
Assembly collective views of the member states and help shape international Development. This
norms and policies. While they do not have the force of law, they resolution outlined the
play a critical role in setting global agendas and influencing the Sustainable Development
behavior of states. Goals (SDGs) to address
global challenges such as
Resolutions of the UNGA often reflect the consensus of the poverty, inequality, and
international community on important global issues, such as environmental
human rights, environmental protection, or the peaceful resolution degradation.
of conflicts.
12) What do you understand by the term Convention?
A Convention is a formal agreement between countries that establishes rules or standards on specific issues.
Conventions are usually created under the guidance of international organizations, such as the United Nations,
and are open for countries to sign and agree upon. Once signed and ratified by a country, a convention can become
part of that country’s legal framework, and the country agrees to follow the rules and standards set in the
convention. Conventions can cover a wide range of issues, such as human rights, environmental protection, trade,
and labor rights.
13) Explain the principle of Jus cogens
a. Jus Cogens means certain rules in international law that are so important that no country can break them.
b. These rules are accepted by all countries, and no one can agree to violate them.
c. Jus Cogens help protect human rights and maintain peace in the world.
d. To change a Jus Cogens rule, a new, equally important rule must replace it.
e. Article 53 of the Vienna Convention makes treaties that violate Jus Cogens invalid.
Examples:
• Genocide: Killing or harming groups of people on purpose is not allowed.

• Torture: Torturing people for any reason is prohibited.
• Slavery: No one can own another person.
• Unlawful Use of Force: Countries can't attack others without a good reason.
14) Explain the principle of Opinio Juris
• Opinio Juris means a belief that a practice is required by law.

• Countries follow practices because they think they are legally obligated to do so.
• This principle is important for recognizing customary international law.
• Opinio Juris helps turn habits into legal norms.
• An example is diplomatic immunity, where countries protect diplomats.
• Another example is treating human rights as a legal duty.
• A practice is not a law unless countries believe it is required by law.
• Opinio Juris works with customary international law.
• It ensures that countries follow international norms for legal reasons.
• Without opinio juris, a practice cannot become a legally binding norm.
15) Write a short note : Optional Clause
The Optional Clause is a part of the rules for the International Court of Justice (ICJ). It lets countries choose
whether or not they want to accept the court’s authority to settle certain legal disputes. If a country agrees to
the Optional Clause, it means they are willing to let the ICJ handle certain cases, like those involving
international laws or treaties. However, countries can set limits on what types of cases they are willing to
accept. The Optional Clause helps encourage peaceful solutions to conflicts, but not all countries agree to it,
and some only agree with conditions.
16) What did the ICJ say about the formation of customary international law in the North Sea
Continental Shelf Case (1969)?
In the North Sea Continental Shelf Case (1969), the International Court of Justice (ICJ) explained how
customary international law is formed. The court said that to form a rule of customary international law, two
things are needed:
1. State Practice: Countries must repeatedly follow a certain practice.

2. Opinio Juris: Countries must believe that they are legally required to follow this practice, meaning they
feel it is an obligation under international law.
The case involved the continental shelf between Denmark, the Netherlands, and Germany. Denmark and the
Netherlands argued that the equidistance principle (a rule for drawing maritime boundaries) should be followed.
However, Germany disagreed, claiming the principle was not a mandatory rule for delimiting boundaries.
The ICJ ruled that just the practice of using the equidistance principle was not enough to make it a customary
law. The court noted that for a practice to become customary international law, it must be supported by opinio
juris - a belief that the practice is legally required. In this case, the court found that countries had not shown they
considered the equidistance principle to be a legal obligation.
17) How do treaty law and customary international law relate to each other, and what did the ICJ say
about this in the Nicaragua Case (1986)?
Treaty Law and Customary International Law Relationship:
1) Treaty Law: Treaties are formal agreements between states that may either codify (write down) existing
customary law or create new laws.
2) Customary International Law: These are rules formed by the consistent actions and beliefs of states over
time. For a rule to become customary law, states must follow it believing it is legally required (opinio
juris).
3) A treaty can turn into customary law if enough states agree to it and practice it, even if they are not parties
to the treaty.
Nicaragua Case (1986):

• Nicaragua sued the United States in 1986, claiming that the U.S. was violating international law by helping
rebel groups try to overthrow the Nicaraguan government.
• Nicaragua argued that the U.S. was breaking important international rules, like the prohibition against using
force and interfering in another country’s affairs.
• The United States argued that the International Court of Justice (ICJ) should not take the case. They said
the court couldn’t rule because there was a rule that all countries affected by a treaty must be involved in the
case. Since more than 150 countries could be affected, the U.S. said it would be impossible to bring them all
into the case.
• The ICJ disagreed with the U.S. The Court said that the rules about not using force and not interfering in
other countries' business were part of customary international law. This means these rules apply to all
countries, whether or not they are part of a specific treaty like the UN Charter.
• Customary international law consists of rules that countries follow because they believe they are required to,
even without a written agreement or treaty.
• The Court also explained that sometimes the rules in treaties and customary international law are the same.
However, when there is a conflict, the rules in treaties apply to the countries that signed the treaty, while
customary law applies to all countries, including those that didn’t sign the treaty.
• The Court concluded that the rules against using force and interfering in other countries' affairs, found in the
UN Charter, are also part of customary international law. This means they apply to all countries, even if they
aren't part of the UN.
• The case showed that customary international law is just as important as treaty law. Even if a country hasn’t
signed a treaty, they must still follow international rules if they are part of customary law.
18) Explain the S.S. Wimbledon Case (1923) and its significance in international law.
• In 1921, during the Russo-Polish War, Germany refused to let the British ship, S.S. Wimbledon, pass through
the Kiel Canal.
• The ship was carrying military supplies to Poland, and Germany, which declared neutrality in the war, didn’t
want to allow such cargo.
• The British, French, Italian, and Japanese governments argued that Germany was violating the Treaty of
Versailles, which required the Kiel Canal to be open to all countries at peace with Germany.
• Germany argued that its neutrality order meant it didn’t have to allow military supplies to pass, despite the
Treaty.
• The Permanent Court of International Justice ruled that Germany had to allow the S.S. Wimbledon to pass.
• The court’s decision established that international treaties, like the Treaty of Versailles, take precedence over
individual state orders, such as Germany’s neutrality order.
• This case showed that a state’s sovereignty over its waterways is limited by international law and treaties,
and international agreements have higher authority than a country’s individual laws or orders.
19) What was the outcome of the ICJ Advisory Opinion on the Legality of the Threat or Use of Nuclear
Weapons in 1996?
• In 1996, the International Court of Justice (ICJ) was asked whether the use or threat of using nuclear weapons
was illegal under international law. The Court looked at state practices, such as the fact that no country had
used nuclear weapons since 1945, and whether countries had the right to use them in self-defense.
• Some countries believed that not using nuclear weapons since World War II showed a shared belief that they
should not be used. Other countries argued that nuclear weapons were kept for deterrence, meaning countries
kept them to prevent attacks, not to use them.
• The Court found that there was no clear agreement among states. Some countries wanted a legal ban on
nuclear weapons, while others thought deterrence was still acceptable. The Court decided that there was not
enough proof to say that using nuclear weapons was always illegal under international law, but it also said
that in some situations, their use might violate the rules of war.
• the Court could not definitively say that nuclear weapons were illegal in all situations, but it recognized a
strong desire from many countries to make them illegal.
20) What is the composition of the International court of justice.
• The International Court of Justice (ICJ) is composed of 15 judges.

• Judges are elected for a nine-year term by the United Nations General Assembly and Security Council.
• Judges are selected based on their legal expertise and represent a wide range of global legal systems.
• No two judges can be from the same country.
• Judges serve independently and do not represent their governments.
• The ICJ elects a president and vice-president from among the judges, serving three-year terms.
• The judges are responsible for settling disputes between states and providing advisory opinions on legal
questions.
MODULE 2
1. Explain Territory. Explain modes of acquisition and loss of territory.
State territory is the area or land that belongs to a country, over which it has control and authority. This includes
both land and waters within the country's recognized boundaries. A state needs its territory to function properly,
as it is essential for governing, making laws, and fulfilling international responsibilities.
Acquisition of territory means a country can gain control over new land in several ways:
Mode Detail Explanation Examples

Treaty States can acquire territory through When France ceded Louisiana to the United
agreements with other countries, like peace States in the 1803 Louisiana Purchase Treaty.
treaties.
Occupation Acquiring territory that is not controlled by The colonization of Australia by the British
any state, usually land with no owner. in the 18th century.
Accretion Gaining territory due to natural changes, like The growth of land in the Netherlands due to
land created by river deposits or soil. river deposits.
Annexation Forcibly taking control of another state's The annexation of Crimea by Russia in 2014.
territory, usually after a conflict.
Prescription Gaining territory by continuous and peaceful The United States gaining control over
possession over a long period of time. Puerto Rico by continuous administration
since 1898.
Loss of Territory refers to a situation where a state loses control over part or all of its land. This can
happen in several ways:
Mode Explanation Example

Cession A state voluntarily gives up or transfers Spain ceded Florida to the United States in 1819
part of its territory to another state, often under the Adams-Onís Treaty.
through a treaty.
Secession A part of a state declares independence South Sudan seceded from Sudan in 2011 to
and forms a new state. become an independent country.
Subjugatio A state loses territory through military Germany lost territory after World War II,
n force or occupation by another state. including the loss of East Prussia to Poland.
Territorial Adjustments or changes in borders due to The border changes between Germany and
Changes negotiations or international agreements. Poland after World War II, when some territories
were transferred to Poland.
2. What are the attributes of a State?

The attributes of a state are the essential qualities or characteristics that make a state recognized and functional
in international law.
a. Sovereignty: A state has the ultimate authority to govern itself and make decisions without interference from
other states. For example, India has the right to make its own laws and policies without outside control.
b. Territory: A state must have a defined geographic area with recognized borders. For example, the United
States has defined borders with Canada and Mexico.
c. Population: A state must have people living within its borders. The people can be of various ethnicities,
cultures, and religions. For example, Japan has a population of over 100 million people.
d. Government: A state needs a system of government to make laws, enforce them, and maintain order. For
example, the United Kingdom has a parliamentary system with a prime minister and a monarch.
e. Recognition: For a state to be recognized in the international community, other states must acknowledge its
existence and sovereignty. For example, the recognition of South Sudan as a state in 2011.
f. Ability to Enter into Relations with Other States: A state must have the power to engage in international
relations, sign treaties, and participate in international organizations. For example, Brazil participates in the
United Nations and signs trade agreements with other countries.
3. Write a short note on : Island of Palmas Case
The Island of Palmas Case (1928) was a dispute between the United States and the Netherlands over a small
island in the Pacific Ocean. Both countries claimed the island, but the case was taken to the Permanent Court of
Arbitration to decide who had the right to it.
The United States said the island was part of the Philippines, which it had gotten from Spain. The Netherlands,
however, argued that it had been in control of the island for a long time, even before the U.S. took over the
Philippines.
The court decided in favor of the Netherlands. It said that the Netherlands had controlled and used the island for
many years, which gave it the right to own it. This case showed that actual control over a land is an important
factor in deciding who owns it, not just the claim of discovery or past ownership. This decision helped clarify
how countries should prove ownership of land.
4. Write a short note on Corfu channel case.
a. The Corfu Channel Case (1949) involved a dispute between the United Kingdom and Albania.
b. It arose when British warships were damaged by mines in Albania’s Corfu Channel in 1946.
c. The UK claimed Albania was responsible for the mines, as they were laid in Albanian waters without warning.
d. Albania argued that it had no knowledge of the mines being placed.
e. The International Court of Justice (ICJ) ruled that Albania was responsible for not warning the UK about the
mines.
f. The Court stated that Albania violated international law by not notifying ships of the danger in its waters.
g. The ruling emphasized the importance of freedom of navigation and the duty of states to ensure the safety of
international waterways.
h. Albania was ordered to pay compensation to the UK for the damages caused by the mines.
5. Explain State Jurisdiction
State jurisdiction refers to a state's legal authority to make and enforce laws within its territory, over its people,
and even over activities outside its borders in some cases. It is a fundamental concept of sovereignty, meaning
that a state has the power to control its own affairs without interference from others. A state can use its jurisdiction
in various ways, such as passing laws, enforcing rules, collecting taxes, or controlling actions within its borders.
For example, a country has the right to prosecute someone who commits a crime within its borders, like a person
who steals in a city or breaks local laws. However, state jurisdiction can also extend to cases involving its
nationals or interests abroad, and international law sometimes sets limits on how far a state can exercise
jurisdiction outside its borders.
6. What is Territorial Jurisdiction of the States?
Territorial jurisdiction is the authority of a state to govern and enforce laws over the people, property, and events
within its physical borders. This means that a country has control over all activities and actions that happen within
its territory, whether it’s land, sea, or airspace. For example, in the case of UK vs. Norway (North Atlantic
Fisheries Case), the United Kingdom argued that Norway was violating international law by claiming a part of
the sea for its own fishing activities. However, the court decided that Norway’s claim was valid under
international law for the sea space in question, which shows that the state has the right to manage its territorial
waters and determine its boundaries.
7. What is Criminal Jurisdiction and Kinds of Criminal Jurisdiction?
Criminal jurisdiction is the authority of a state to prosecute crimes committed within its territory or by its nationals
abroad. It allows courts to try individuals for criminal offenses, whether the crime occurred inside the country or
outside. There are different types of criminal jurisdiction:
• Territorial jurisdiction allows a state to prosecute crimes that happen within its borders. For example, in
the case of Mubarak Ali Ahmad vs. the State of Bombay, the court decided that even though the accused was
not present in India when the fraud took place, he could still be tried in India because the crime affected
people in India.
• Nationality jurisdiction lets a state prosecute its own nationals for crimes committed abroad. For example,
if a British citizen commits a crime in another country, the UK may choose to try that person under its laws.
• Universal jurisdiction allows a state to prosecute certain crimes, like war crimes or crimes against humanity,
regardless of where the crime occurred or the nationality of the criminal. This principle is important for
punishing global crimes that affect the international community.
In the SS Lotus case, Turkey exercised criminal jurisdiction over a French national who caused an accident on
the high seas. The court ruled that Turkey had the right to do this because the accident happened in waters that
were under Turkey's jurisdiction.
8. What are the Struggles/Conflicts that Emerged in Jurisdiction?
Jurisdiction conflicts often happen when two or more states claim the right to handle the same case or person.
This can occur in cases where a crime is committed in one country, but the criminal or the victim is from another
country. For example, if a person from country A commits a crime in country B, both countries might want to
prosecute the individual. This conflict can lead to legal issues about which country has the authority to handle
the case. Another conflict arises when one country tries to exercise jurisdiction over actions that happen outside
its borders but still affect its interests. These issues are usually resolved through international agreements or courts
that decide which country has the right to act. A well-known example is the case of the US and Nicaragua, where
the United States had actions in Nicaragua, and the court ruled that the US violated international law by
intervening in Nicaragua’s internal affairs.
9. What are the Immunities from Jurisdiction?
Type of Explanation Example

Immunity
Sovereign Sovereign immunity protects a state (or its A country cannot be sued in the courts of
Immunity government) from being sued or prosecuted in another country unless it agrees to be. For
another state's court without its consent. It is example, the United States cannot be sued in
based on the principle that a state is equal to the courts of India unless both countries agree
others and should not be subject to the legal to it.
processes of another state.
Diplomatic Diplomatic immunity provides legal protection A diplomat from France in the US cannot be
Immunity to diplomats and embassy staff, ensuring that arrested or prosecuted for a traffic violation
they cannot be arrested or prosecuted by the host in the US due to diplomatic immunity. Even
country. This is to allow diplomats to perform if the diplomat commits a crime, they can
their duties without fear of legal interference. only be expelled, not prosecuted.
Consular Consular immunity is similar to diplomatic A consular official from the UK in Japan can
Immunity immunity but is more limited. It applies to enjoy some immunity for their official duties,
consular officials who work at embassies or but they might not be fully exempt from
consulates, protecting them from certain legal criminal prosecution if they break Japanese
actions in the host country. However, it does not laws, unlike a diplomat.
offer the same level of immunity as diplomatic
immunity.
Head of Head of State immunity protects sitting heads of A sitting president of the United States
State state from prosecution or civil lawsuits while in cannot be prosecuted in a foreign country
Immunity office. This immunity is based on the idea that while they are in office, even if they commit
heads of state should not be subject to the legal a crime abroad. For example, President
systems of other countries. Trump or any sitting head of state has
immunity from prosecution while serving.
10. what is state responsibility? and explain kinds.
State responsibility refers to the situation when a country is held accountable for violating international law or
harming another state. It means that when a country (the "injured state") suffers damage due to another country's
actions, it has the right to demand compensation or redress for the harm caused. This principle ensures that states
are held responsible for their wrongful actions, whether those actions are committed directly by state organs or
indirectly by others within the country.
Type of Responsibility Explanation Example

Direct Responsibility This happens when the state, through its - If the head of the state signs a treaty
official organs, agencies, or and later breaks it, the state is
departments, violates international law. responsible.
The state is directly responsible for the - If the armed forces violate an
harm caused. international agreement, the state is
responsible.
Executive/Administrative The departments or officials who - If a government official violates a
Departments manage the day-to-day work of the state treaty, the state is directly
can also be held responsible if they responsible.
violate international obligations. - If the head of a department breaches
international laws, the state must take
responsibility.
Acts of Judiciary If courts or judges pass decisions that - If a court passes a ruling that goes
violate international law, the state is against an international treaty or
directly responsible for those violations. agreement, the state is responsible
for the harm caused.
Acts of Armed Forces If the armed forces, under the state's - If military forces act in violation of
command, violate international law, the a peace agreement, the state is
state is held directly responsible. directly accountable for the breach.
Diplomatic If a diplomatic representative (e.g., an - If an ambassador violates
Representatives ambassador) commits an unlawful act international law on instructions
on behalf of the state, the state is directly from the state, the state is
responsible. responsible, not the ambassador.
Indirect Responsibility If non-authorized individuals (e.g., - If a citizen of a country commits an
(Vicarious Liability) citizens, foreigners, or groups) violate act that violates another country's
international law, the state may be held rights, the state may be indirectly
indirectly responsible. responsible.
Acts of Mob When a group or mob violates - If a mob harms foreign diplomats or
international law, the state may be held property, the state may be held
indirectly responsible for not preventing responsible for failing to control
the action. them.
Insurgents If insurgents or rebel groups violate - If insurgents cause harm in a
international law, the state could be neighboring country and the state
indirectly responsible if it fails to stop does not take action, it may be
them. blamed.
11. What is national waters?
National waters, also called territorial waters, are the areas of water that are under the jurisdiction and control
of a specific country. These waters extend from a country's coastline out to a certain distance—usually up to
12 nautical miles (about 22 kilometres) from the shore, as defined by international law. Within national
waters, the country has full sovereignty, meaning it can enforce its laws, regulate resources, and control
activities like fishing, shipping, and resource exploration. Beyond national waters lie international waters,
where no single country has control.
12. Discuss "The Law of the Sea- (Law of Sea Convention 1982)
• The United Nations Convention on the Law of the Sea (UNCLOS) of 1982 is a key international treaty that
sets rules for the use of the world’s oceans.
• UNCLOS defines different zones in the ocean, including territorial seas, exclusive economic zones (EEZs),
and the high seas.
• Coastal countries have full rights in their territorial seas, which extend up to 12 nautical miles from their
coastlines, and can control activities like navigation, fishing, and resource use in this area.
• In the exclusive economic zone (EEZ), which extends up to 200 nautical miles from a country’s coast, the
coastal nation has rights to explore and use marine resources, but other countries can still pass through freely.
• UNCLOS also covers the continental shelf, allowing countries to access resources on the seabed within this
zone.
• The convention emphasizes the protection of the marine environment, requiring countries to prevent pollution
and manage ocean resources responsibly.
• Activities on the high seas, which are beyond national jurisdiction, are open to all countries under UNCLOS
but must be done sustainably.
• UNCLOS has set up peaceful ways to resolve disputes between countries, often through international courts.
• By defining these zones and responsibilities, UNCLOS balances national rights with global cooperation,
making it the foundation of mariti me law and encouraging fair, sustainable ocean use for all.
13. Write a note on " Dispute settlement under UNCLOS"
• UNCLOS helps solve problems between countries about the use of oceans and their resources.
• It offers ways to settle disputes, like talking it over, getting help from others, or going to court.
• ITLOS (International Tribunal for the Law of the Sea) is a special court for ocean-related issues, like fishing
rights or boundaries.
• Countries can also take their disputes to the International Court of Justice (ICJ), if they agree to do so.
• Countries can set up an arbitral tribunal, a group of experts to solve specific problems, like dividing ocean
areas.
• The Conciliation Commission suggests solutions, but the parties don’t have to accept them.
• UNCLOS requires countries to use these methods for certain disputes, especially about borders or the
environment.
• However, some countries may not follow the decision if they disagree. For example, in the South China Sea
dispute, the Philippines took China to court, and the court ruled in favor of the Philippines, but China refused
to accept the decision, showing that it can be hard to make countries comply with international rulings.
14. What is a landlocked state? Discuss the Rights & Duties of landlocked states & coastal state?
• A landlocked state is a country completely surrounded by land, with no direct access to the sea. For example,
countries like Nepal, Switzerland, and Bolivia are landlocked.
• Landlocked countries rely on nearby coastal nations to access the ocean for maritime trade.
• Under the United Nations Convention on the Law of the Sea (UNCLOS), landlocked countries have rights to
access the sea through the territories of their neighboring coastal states.
• These rights include “transit rights,” which allow landlocked countries to transport goods and people across
neighboring countries to reach ports.
• Landlocked states must notify their neighboring countries of their need for transit access and work together
to ensure smooth passage.
• Coastal countries, in turn, have a duty to provide fair access, so long as it does not interfere with their own
sovereignty or economic interests.
• Coastal states must keep transit routes open and avoid unfair practices, like blocking or overcharging for
access, that could harm the landlocked country’s trade.
• Examples include Switzerland using French or Italian ports for trade, and Bolivia negotiating access through
Chilean territory.
• By cooperating, both landlocked and coastal countries can strengthen economic ties and support regional
stability, allowing landlocked states to participate more fully in global trade.
15. Give names of convention which provides use of access of sea to landlocked states.
• The United Nations Convention on the Law of the Sea (UNCLOS) is the main international treaty that gives
landlocked countries a legal framework to access the sea.
• UNCLOS outlines the rights of landlocked states to pass through the territory of neighboring coastal countries
to reach the ocean and participate in maritime trade.
• For example, UNCLOS allows countries like Nepal to transport goods through India’s territory to access
ports.
• Another important agreement, the Convention on Transit Transport of Goods, supports UNCLOS by helping
landlocked countries move goods through designated routes in coastal states.
• Together, these agreements help landlocked countries gain fair access to the sea, which increases their trade
and economic growth.
• For instance, Switzerland uses transit routes through France and Germany to reach sea ports for global trade.
• These conventions promote fairness by ensuring that landlocked nations have ways to reach the sea and access
global markets.
16. Explain the term "Territorial waters"
• Territorial waters are a maritime zone that extends up to 12 nautical miles from a country’s coastline,
measured from the low-water line.
• In this area, the coastal state has full control over the airspace, water, and seabed, similar to its land territory.
• This control allows the country to regulate activities like navigation, fishing, and resource extraction in these
waters.
• For example, India exercises its right to monitor fishing and oil drilling within its 12-mile territorial waters.
• Foreign vessels are allowed to pass through territorial waters under “innocent passage,” meaning they can
navigate these waters as long as they don’t harm the coastal state’s security or environment.
• Territorial waters help countries protect their security, economy, and environment by creating a buffer zone
where they can enforce their laws.
• For instance, Japan uses territorial waters to regulate ship traffic and protect its coastal ecosystems.
• This zone is key for ensuring a nation’s rights and safety along its coastline while allowing controlled access
for international vessels.
17. What is territorial sea? Explain the various freedoms of High seas with appropriate examples?
• The territorial sea extends up to 12 nautical miles from a country’s baseline, where the coastal state has
sovereignty like over its land.
• In the territorial sea, the coastal state can regulate activities like navigation, fishing, and resource extraction,
while allowing foreign vessels the right of “innocent passage.”
• Beyond national jurisdictions are the high seas, where several freedoms apply under international law.
Freedoms on the High Seas:
a. Freedom of Navigation: Ships from any country can sail through the high seas freely, following international
rules. For example, commercial ships can cross the Atlantic Ocean without restrictions.
b. Freedom of Overflight: Aircraft from any country can fly over the high seas without needing permission
from other states.
c. Freedom to Construct Submarine Cables and Pipelines: Nations can lay undersea cables and pipelines on
the high seas, such as transatlantic fiber-optic cables, which support global internet connections.
d. Freedom of Fishing: Countries can fish in the high seas as long as they follow international agreements to
prevent overfishing and protect fish stocks.
e. Freedom of Scientific Research: Scientists from any country can conduct research on the high seas, studying
marine ecosystems and biodiversity. For example, marine biologists study ocean health and species on the
high seas, benefiting global conservation efforts.
18. What is innocent passage?
• Innocent passage is the right of foreign ships to travel through a coastal state’s territorial waters without
activities that threaten the coastal state’s peace, security, or environment.
• This passage must be continuous, without stops, and cannot involve activities like fishing, spying, or military
actions.
• For example, a commercial ship passing through a nation’s territorial sea en route to another port is practicing
innocent passage.
• While in innocent passage, vessels must follow the coastal state’s laws, such as speed limits or pollution
controls.
• This right allows international shipping to move smoothly while respecting coastal states’ sovereignty and
security.
• Innocent passage balances freedom of navigation with the coastal state’s right to manage and protect its
territorial waters.
19. Write a short note : Passage through International Straits.

Passage through international straits refers to the right of ships to pass through narrow sea routes that connect
two large bodies of water, which are shared by more than one country. These straits are important for international
shipping and trade. Under international law, specifically the United Nations Convention on the Law of the Sea
(UNCLOS), ships from all countries are allowed "innocent passage" through these straits, meaning they can travel
through them as long as they do not harm the peace, security, or environment of the surrounding countries. In
some cases, if the strait is used for international navigation, ships may also have the right of "transit passage,"
which allows them to pass freely even if the strait lies between countries with conflicting interests.
20. Explain Maritime zone with examples.
Maritime zones are specific areas of the ocean defined by international law, each with distinct rights and
responsibilities for coastal and other states. For example:
Examples of Maritime Zones:
• Territorial Sea: Extends up to 12 nautical miles from the coastline, giving the coastal state full control. For
example, France manages its territorial waters around Corsica, regulating shipping and fishing in this area.
• Exclusive Economic Zone (EEZ): Reaches up to 200 nautical miles from the coast, where the coastal state
has exclusive rights to marine resources. Norway’s EEZ in the North Sea allows it to control oil and gas
extraction.
• High Seas: Located beyond national jurisdiction, open to all countries for activities like fishing and scientific
research. For instance, various countries' fleets fish in the high seas of the Pacific Ocean.
• Continental Shelf: Extends beyond the EEZ, where the coastal state has rights to resources on the seabed.
Australia’s continental shelf around its islands allows it to access minerals and hydrocarbons.
21. Write a short note on: Contiguous Zone
• The contiguous zone is a maritime area that extends up to 24 nautical miles from a coastal state's baseline,
located right after the territorial sea.
• In this zone, the coastal state can enforce laws related to customs, immigration, sanitation, and prevention of
unlawful activities like smuggling or drug trafficking.
• For example, if a vessel is suspected of carrying illegal goods, the coastal state can inspect and take action
within the contiguous zone.
• Unlike the territorial sea, the contiguous zone does not grant full sovereignty over all activities.
• The primary purpose of the contiguous zone is to help the coastal state ensure security and regulatory
compliance close to its borders.
• This zone acts as a buffer, allowing the state to maintain law and order beyond its territorial waters.
22. What is continental shelf?
• The continental shelf is the extended perimeter of a continent, submerged under shallow seas called shelf
seas.
• It stretches from the coastline to the deeper ocean, typically extending up to 200 nautical miles from the
baseline, but it can extend further if the seabed meets certain geological criteria.
• The continental shelf is valuable because it contains resources like oil, natural gas, and minerals.
• For example, the North Sea continental shelf is rich in oil and gas reserves, which are extracted by countries
like the United Kingdom and Norway.
• Coastal states have exclusive rights to explore and extract resources from their continental shelf.
• These rights promote economic development but also require responsible management to protect marine
ecosystems.
23. What is Exclusive Economic Zone?
• The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from a coastal state's baseline.
• In the EEZ, the coastal state has exclusive rights to explore, exploit, conserve, and manage marine resources
like fish, oil, and minerals.
• For example, Japan's EEZ in the Pacific Ocean allows it to regulate fishing and offshore energy projects,
ensuring sustainable use.
• Other nations still have the freedom of navigation and overflight within the EEZ, and can lay submarine
cables and pipelines.
• The EEZ balances the coastal state's rights to use marine resources with the international community’s
interests in keeping ocean spaces open and accessible.
24. Discuss about High Seas with relevant examples
• The high seas are areas of the ocean beyond the exclusive economic zones and territorial seas of any country.
• They are not controlled by any single nation and are open to all states, whether coastal or landlocked.
• Freedoms on the high seas include navigation, overflight, fishing, and scientific research.
• For example, fishing vessels from different countries fish freely on the high seas, accessing marine life not
restricted to national waters.
• Research ships can conduct studies on marine biodiversity and climate change without needing permission
from coastal states.
• The high seas are important for international shipping routes, allowing global transportation of goods.
• Activities on the high seas are regulated by international agreements to prevent overfishing, pollution, and
piracy, ensuring these waters remain a shared resource.
25. Discuss provisions of United Nations Convention On Law of the Seas
The United Nations Convention on the Law of the Sea (UNCLOS) establishes a comprehensive legal framework
governing all aspects of ocean use and maritime activities. Key provisions include:
• Maritime Zones: UNCLOS defines different ocean zones, like territorial seas, contiguous zones, exclusive
economic zones (EEZs), and the high seas, each with specific rules for coastal and other states. For example,
the U.S. has a 12-nautical-mile territorial sea around its coast.
• Sovereignty and Rights: Coastal states control their territorial seas and have exclusive rights over resources
in their EEZs and continental shelves. They also allow other nations freedom of navigation and overflight.
For instance, China controls the South China Sea's resources but allows other countries to pass through.
• Environmental Protection: The convention requires states to protect the marine environment by preventing
pollution, conducting environmental impact assessments, and working together on conservation. For
example, countries must limit oil spills and reduce pollution from ships.
• Resource Management: UNCLOS regulates the exploration and use of marine resources, such as fisheries,
oil, and minerals, promoting sustainability. For instance, the EU has fishing quotas in place to prevent
overfishing in European waters.
• Dispute Resolution: UNCLOS provides ways for countries to peacefully settle disputes through negotiation,
arbitration, or courts like the International Tribunal for the Law of the Sea (ITLOS). A notable case is the
Philippines' dispute with China over the South China Sea, which was ruled by an ITLOS tribunal.
• Navigation and Safety: UNCLOS ensures safe passage for ships and sets rules for maritime traffic, search
and rescue operations, and preventing accidents. For example, the International Maritime Organization (IMO)
helps regulate safety at sea.
• International Seabed Authority: UNCLOS established the International Seabed Authority to manage
mineral exploration in deep-sea areas beyond national control, ensuring responsible practices. Countries like
Jamaica are involved in managing these resources.
• Rights of Landlocked States: UNCLOS guarantees landlocked states access to the sea via neighbouring
countries, helping them engage in global trade. For example, Paraguay, a landlocked country, has rights to
use the ports of Argentina for shipping goods.
26. Write about Anglo-Norwegian Fisheries Case

• The Anglo-Norwegian Fisheries Case was a dispute between the United Kingdom and Norway in 1951, where
the UK challenged how Norway defined its fishing boundaries.
• Norway used straight lines, or “baselines,” to connect points along its coast, which created a fishing area that
included fjords and offshore islands, rather than strictly following the coast’s natural shape.
• The UK argued that Norway’s boundaries were too extensive and should follow the coastline’s low-water
mark instead.
• The International Court of Justice (ICJ) ruled in favour of Norway, agreeing that it could use straight baselines
due to its unique and irregular coastline.
• This decision became a key precedent for maritime boundary law, especially for countries with irregular
coastlines, and later influenced the United Nations Convention on the Law of the Sea.
27. Define Ozone Depletion
• Ozone depletion means the thinning of the ozone layer, a protective layer high up in the Earth's atmosphere.
This layer absorbs most of the sun’s harmful ultraviolet (UV) rays, which helps protect life on Earth.
• The main reason for ozone depletion is certain man-made chemicals, like CFCs (found in old fridges, air
conditioners, and spray cans). When these chemicals reach the upper atmosphere, sunlight breaks them down
and releases chlorine and bromine. These elements then destroy ozone molecules, reducing the thickness of
the layer.
• When the ozone layer gets thinner, more harmful UV rays reach Earth, which can increase the risk of skin
cancer, eye damage, and can harm plants and sea life. To address this, countries around the world agreed to
the Montreal Protocol, an international treaty to phase out ozone-depleting substances, aiming to protect and
restore the ozone layer.
28. Explain: Hot pursuit

• Hot pursuit is a principle in international law allowing a coastal state to chase and apprehend a foreign vessel
that violates its laws within its territorial waters, even if the vessel escapes into international waters.
• This principle is used to prevent offenders from evading legal consequences by fleeing beyond a state’s
jurisdiction.
• For hot pursuit to be legal, it must begin while the foreign vessel is still within the territorial waters or
contiguous zone of the coastal state.
• The pursuing state must continuously chase the vessel without interruption, and the pursuit must end if the
foreign vessel enters the territorial waters of another country.
• Hot pursuit is commonly used for enforcing laws related to fishing, smuggling, drug trafficking, and other
violations of a state’s maritime laws.
29. Who are aliens? What are the rights of Aliens? Give any two rights that are not available to Aliens in
India.
• Aliens are people who are citizens of one country but are living or traveling in another country. For example,
an Indian citizen visiting the United States is an alien in the U.S.
• Aliens have certain rights in the country they’re in, but these rights depend on the country’s laws and the type
of visa or permit they hold.
• Aliens have basic human rights, like the right to life, freedom of speech, and protection from unfair treatment,
just like citizens. For instance, they can file a complaint if treated unfairly at work.
• They also have access to some services, like emergency medical care and, in some cases, education.
• Certain rights, like the right to vote or hold government jobs, are usually only for citizens.
• Aliens are expected to follow the host country’s laws and respect its customs and culture.
• Some rights, like the ability to work, require a correct visa or work permit.
• If an alien breaks the law or overstays their visa, the country may restrict or end their stay.
Rights that are not available to Aliens in India:

i. Right to Vote: Aliens in India do not have the right to vote in elections. Only Indian citizens are allowed
to participate in voting for government representatives at the local, state, and national levels.
ii. Right to Hold Certain Government Jobs: Aliens cannot hold certain government positions or jobs in
the Indian administration, as these roles are reserved exclusively for Indian citizens.
30. What is asylum?
• Asylum is protection granted by a country to a foreign person (or "asylum seeker") who has fled their home
country due to fear of persecution, war, or danger to their life.
• When someone is granted asylum, they are allowed to live safely in the new country and are protected from
being sent back to their home country.
• There are two main types of asylum: territorial asylum and extra-territorial asylum.
• Territorial Asylum happens when a person reaches the country they’re seeking asylum in and asks for
protection there. For example, if someone travels to Germany seeking safety from war in their home country
and is allowed to stay in Germany, they have received territorial asylum.
• Extra-Territorial Asylum occurs when a country grants asylum outside its own territory, like at its
embassies or consulates abroad. For instance, if someone seeks protection at a foreign embassy within their
home country, and the embassy’s country agrees to protect them, this is extra-territorial asylum.
• Asylum is a way for countries to help people who are at serious risk and need refuge, offering them a safe
place to live and legal protection.
31. What is the process of delimitation of maritime boundaries? Why is it important? What are the factors
considered in the delimitation of maritime boundaries?
Delimitation of maritime boundaries refers to the process of establishing the boundaries between the maritime
zones of two or more coastal states. This includes areas like the territorial sea, exclusive economic zone (EEZ),
and continental shelf. Coastal states must agree on where their boundaries lie in order to avoid disputes and ensure
the fair use of maritime resources such as fish, oil, and gas.
The delimitation process is important because it clarifies each country's rights over the areas in the sea, preventing
conflicts over the use of marine resources. It also helps in determining who has control over certain areas for
activities like fishing, shipping, and offshore drilling.
When delimiting these boundaries, several factors are considered:
• Geographical features: The shape of the coastline and the distance between states can influence where the
boundary is drawn.
• Geological and geomorphological features: For example, the shape and structure of the seabed (like
underwater mountains or ridges) can be taken into account.
• Economic interests: States often seek to protect their access to valuable resources found in maritime zones,
such as fishing areas or underwater minerals.
• Equity and fairness: The principle of fairness ensures that the boundary is drawn in a way that is reasonable
for both parties, even if the natural geographical features do not lead to an equal outcome.
32. What is the role of international law in delimiting maritime boundaries? How do geographical features
impact maritime boundary delimitation?
International law plays a crucial role in the delimitation of maritime boundaries. It provides frameworks and
guidelines to ensure that boundaries are drawn in a fair and reasonable way. Key international treaties, like the
United Nations Convention on the Law of the Sea (UNCLOS), outline the rules for determining maritime
boundaries. These laws help countries avoid conflicts and encourage peaceful negotiations over disputed areas.
Geographical features have a significant impact on how maritime boundaries are determined. The shape of the
coastline and the proximity of coastal states influence where the boundary is drawn. For instance, if two countries
have coasts that are very close to each other, an equidistance line (a line that is equidistant from both coasts)
might be used to divide the maritime zones. Similarly, if the countries have certain unique seabed features, like
underwater ridges or mountains, these features can also affect the boundary. The goal is to ensure the boundary
is fair, respecting both the natural features of the area and the interests of the states involved.
33. Case laws related to DELIMITATION OF ADJACENT AND OPPOSITE MARITIME

BOUNDARIES
Case Countries Outcome

Involved
North Sea Germany, This case involved a disagreement between Germany and Denmark over
Continental Denmark the boundary of their continental shelves in the North Sea. The continental
Shelf Case shelf is the underwater land that extends from a country’s coastline. The
two countries couldn’t agree on where their boundaries should be. The
International Court of Justice (ICJ) decided that the boundary should be
based on the natural shape of the seabed, like underwater mountains or
ridges, rather than just drawing a simple line in the middle of the sea. Since
the coastlines of the two countries were different lengths, the court decided
on a solution that was fair to both. The decision was aimed at making sure
neither country was unfairly cut off from resources like fish or oil.
Libya v. Tunisia Libya, In this case, Libya and Tunisia had a dispute over the boundary of their
Continental Tunisia continental shelves in the Mediterranean Sea. The ICJ was asked to decide
Shelf Case where the boundary should be. The court took into account several factors
like the geography of the area, the shape of the seafloor (bathymetry), and
the economic interests of both countries. The court used these factors to
come up with a boundary that was fair for both countries. The goal was to
make sure that both Libya and Tunisia would have fair access to the
valuable resources in the Mediterranean Sea, without one country losing
out.
Republic of Italy Italy, India In this case, India and Italy had a disagreement over their maritime
v. Union of India boundary in the Arabian Sea. The Supreme Court of India was asked to
decide the boundary. The court considered the distance between the two
countries’ coastlines and decided that the boundary should be drawn in
such a way that both countries had equal access to the resources in the sea.
The decision was made using the principle of “equidistance,” meaning the
boundary line was drawn at an equal distance from the two coasts. The
court made sure the solution was fair to both countries, considering both
their geographic location and their economic needs.
Bay of Bengal Bangladesh, Bangladesh and India had a long-standing dispute over their maritime
Maritime India boundary in the Bay of Bengal, an area of the sea that is rich in resources
Boundary like fish and oil. The two countries couldn’t agree on where their
Arbitration boundaries should lie, so they went to an arbitral tribunal (a group of
independent experts) to decide. The tribunal decided to use the
“equidistant principle,” which means drawing a line that is an equal
distance from both countries' coasts. However, the tribunal also took into
account other factors like international law and the unique geographical
features of the area to make sure the decision was fair for both countries.
The tribunal’s decision helped to clearly define the maritime boundaries
and resolve the dispute.
34. Explain the concept of "Common Heritage of Mankind" and mention its key elements.
• The "Common Heritage of Mankind" (CHM) means that certain global resources, like the seabed, belong to
all people, not any one country.
• The resources cannot be owned or claimed by any nation or individual.
• All nations share the responsibility of managing and using these resources fairly.
• The main goal is to ensure these resources benefit everyone, including future generations.
Some of the key elements of CHM include:
a. Non-Appropriation: No one can claim ownership of the resources in the international seabed area.
b. Shared Management: The resources are managed by international bodies like the International Seabed
Authority (ISA) for the benefit of all nations.
c. Equitable Sharing: The benefits from these resources should be shared fairly, especially with poorer
countries that might not have the resources to explore these areas.
d. Peaceful Use: The area must only be used for peaceful purposes, with no military activities allowed.
e. Sustainable Use: Resource extraction should not harm the environment, and sustainable practices must be
followed to protect marine life.
35. Explain the "International Seabed Authority" (ISA). What is the role of ISA?
• The ISA is an organization that oversees activities in the international seabed area, which is considered the
"Common Heritage of Mankind."
• It was created under the United Nations Convention on the Law of the Sea (UNCLOS).
• Its role is to regulate the exploration and mining of seabed resources, such as minerals, to make sure it’s done
fairly and responsibly.
• The ISA ensures that benefits from seabed resources are shared equitably, especially with developing
countries.
• It also helps protect the environment by enforcing rules to prevent harm to marine life from mining activities.
• The ISA works to promote scientific research and technological advancements by encouraging countries to
share knowledge and collabourate on deep-sea exploration.
• The authority ensures that all activities in the seabed area are for the benefit of all humanity, not just individual
nations.
36. What is the importance of the "Common Heritage of Mankind" principle for international seabed
resources?
• It ensures that seabed resources, like minerals, are not exploited by any single nation but are shared globally.
• It promotes fairness by making sure that even poorer countries benefit from these resources, which they might
not be able to explore on their own.
• It encourages countries to cooperate peacefully and avoid conflicts over these resources.
• The principle supports sustainable use, meaning these resources should be used responsibly without harming
the marine environment.
37. Why is sustainable development important for the international seabed area?
• Sustainable development ensures that seabed resources are used in a way that doesn’t damage the marine
ecosystem or deplete the resources for future generations.
• It helps maintain a balance between economic growth and environmental protection.
• Without sustainability, activities like deep-sea mining could lead to irreversible damage to the ocean’s
biodiversity.
38. What are some challenges in managing the resources of the international seabed area?
• Ensuring that all countries, especially developing ones, get a fair share of the economic benefits is difficult.
• Balancing resource extraction with the need to protect the environment is a major challenge.
• Some countries may not have the technology or funds to explore seabed resources, creating an unequal
playing field.
• There are concerns over how to regulate and monitor activities to prevent harm to marine ecosystems.
39. Give an example of how the ISA regulates seabed resource extraction.
• The ISA grants licenses to countries or companies that wish to explore or mine the seabed, ensuring they
follow strict environmental and ethical rules.
• Before any mining takes place, the ISA requires environmental impact assessments to make sure the activity
won’t harm marine life.
• For example, if a country wants to mine polymetallic nodules on the seabed, they must get approval from the
ISA and meet all regulatory requirements, including paying fees that support developing countries.
40. Explain the concept of a treaty and summarise the various kinds of treaties.
A treaty is a formal agreement between countries or international organizations. Treaties help set rules, solve
disputes, or build cooperation on issues like trade, peace, human rights, and the environment. Once signed,
countries are expected to follow the treaty’s terms, making them legally binding. Treaties are essential for
maintaining peace, stability, and collaboration around the world.
Cheat code to remember treaties: "Big Monkeys Ride Purple Cars And Chase Shiny Dolphins For Perfect
Picnics.
Type of Description Example

Treaty
Bilateral A bilateral treaty is an agreement between two countries on a specific U.S.-Japan
Treaty matter, like trade, defense, or cooperation in technology. Because only Security Treaty: A
two countries are involved, they negotiate terms that directly benefit them defense agreement
both, focusing on issues that are relevant to their relationship. These where the U.S.
treaties often address security, economic cooperation, or environmental pledges to protect
standards. Bilateral treaties are easier to negotiate and implement, as only Japan.
two parties need to agree on the terms, making them faster to establish.
They’re often renewed or updated based on changing relationships or
priorities between the two countries.
Multilateral A multilateral treaty is an agreement involving three or more countries, Paris Climate
Treaty usually dealing with global concerns like climate change, human rights, Agreement: Over
or public health. Since it includes many countries, it requires more 190 countries
extensive negotiations, making sure that every country’s voice is committed to
considered. Multilateral treaties often create universal standards or reducing
obligations that participating countries agree to follow. These treaties can greenhouse gas
be challenging to implement, as each country has its own interests, but emissions.
they help promote cooperation on global issues that need united action.
They often involve international organizations, like the United Nations,
which helps enforce the terms.
Regional A regional treaty is an agreement between countries within a specific North American
Treaty region, aiming to boost cooperation, trade, or security among Free Trade
neighbouring nations. These treaties strengthen economic ties and Agreement
political relations between nearby countries, addressing shared regional (NAFTA): A free
concerns like cross-border trade, immigration, or regional peacekeeping. trade deal between
Regional treaties can promote free trade zones, like the EU, or help in Canada, the U.S.,
managing shared resources like rivers and forests. By working together and Mexico.
regionally, countries can address issues that might be harder to solve
alone. Regional treaties also enhance cultural exchange and are often the
foundation for regional alliances.
Plurilateral A plurilateral treaty is a selective agreement between a few countries with Trans-Pacific
Treaty a shared interest, such as trade in specific goods, defense partnerships, or Partnership
specific economic sectors. Unlike multilateral treaties, plurilateral (TPP): A trade
treaties don’t involve all countries but focus on specific goals and invite agreement among
only those with a vested interest. They are especially useful for 11 countries in the
addressing unique challenges, like promoting technology standards or Asia-Pacific region.
economic partnerships. These treaties are less complex to negotiate than
multilateral treaties because only a few interested parties need to agree.
They also often allow countries with common interests to collaborate
without committing all countries worldwide.
Convention A convention is a type of treaty that sets broad, universal standards on Geneva
important issues like human rights, environmental protection, or labour Conventions:
rights. Conventions are often the result of international conferences Rules for wartime
where countries agree on common values and goals. They create a conduct, like
framework for countries to follow and usually establish guidelines for fair protecting civilians
practices. Conventions can cover any topic that requires global attention, and prisoners of
and they often become the foundation for other treaties. Countries that war.
sign a convention are expected to create their own laws to meet its
standards. International organizations, like the United Nations, often
monitor whether countries follow the conventions they sign.
Agreement An agreement is a broad term for any formal arrangement between U.S.-China Trade
countries, which can be legally binding or more informal. Agreements Agreement:
are flexible and can cover anything from trade to cultural exchanges. Addressed trade
They are often made to solve specific issues quickly or to establish imbalances and
cooperation on common interests. Agreements may be temporary or tariffs between the
lasting, and they don’t always need to be as detailed as treaties. U.S. and China.
Agreements can be negotiated and revised more easily and may serve as
a starting point for a more formal treaty in the future. They are practical
tools that countries use to foster friendly relations and address shared
issues without complex legal commitments.
Charter A charter is a foundational document that establishes an international United Nations
organization and outlines its goals, values, and rules. It defines the Charter:
purpose of the organization, its structure, and how it will operate. Establishes the
Charters often reflect the shared vision of the member countries, setting UN’s structure,
guidelines for decision-making and defining membership roles. For goals, and
example, the United Nations Charter defines the purpose of the UN, principles for
focusing on promoting peace, security, and cooperation. Charters are peacekeeping.
usually detailed and serve as the governing document for the
organization. All members are expected to follow the principles and rules
laid out in the charter, which often become the basis for other agreements
within the organization.
Statute A statute is a formal document that creates an international organization Rome Statute:
or court, outlining its structure, powers, and functions. Statutes are Established the
usually more specific than charters and often provide detailed instructions International
on how the organization should operate. Statutes are common for Criminal Court
establishing international courts, like the International Criminal Court (ICC) to prosecute
(ICC), and define what kinds of cases or issues the organization will crimes like
handle. Countries that sign a statute agree to abide by its rules and genocide.
cooperate with the organization. Statutes help standardize international
justice and ensure that there is a formal process for handling major crimes
or disputes.
Declaration A declaration is a statement made by countries, expressing shared values, Universal
principles, or commitments. Declarations are often symbolic and not Declaration of
legally binding, showing the international community’s support for Human Rights:
certain standards or goals, like human rights or environmental protection. Sets out
Declarations help raise awareness and promote cooperation on global fundamental human
issues, even if countries are not legally required to follow them. They rights standards.
often serve as the starting point for treaties or agreements in the future.
Declarations set the tone for future actions and show the world where
countries stand on important topics.
Framework A framework agreement is a treaty that outlines general principles for Framework
Agreement cooperation on an issue. Instead of setting specific actions or goals, it Convention on
provides a structure for future agreements. Framework agreements are Climate Change
common in long-term issues, like climate change, where countries need (UNFCCC): Sets
to keep adapting over time. They allow countries to commit to a shared goals for reducing
goal and give them flexibility to develop specific actions later. global warming.
Framework agreements are flexible and meant to be built upon as new
challenges or data emerge. They encourage countries to come together
and start addressing issues even if they’re not ready to make detailed
commitments right away.
Protocol A protocol is an addition to an existing treaty, adding new or more Kyoto Protocol:
specific obligations. Countries sign protocols to strengthen or expand An addition to the
their commitments under an original treaty. Protocols often address new UNFCCC that sets
developments, such as scientific advancements, that require updates to binding targets for
the original treaty terms. For instance, the Kyoto Protocol was added to reducing emissions.
the UN Framework Convention on Climate Change to set binding targets
for reducing greenhouse gases. Protocols allow countries to adapt
agreements over time, adding more detailed rules or enhancing
cooperation without starting a new treaty.
Pact A pact is an agreement between two or more countries to maintain peace, Kellogg-Briand
security, or cooperation on shared interests. Pacts often aim to prevent Pact: An
conflict or strengthen defense alliances, focusing on mutual promises for agreement to
peaceful interactions. They are common in security arrangements where renounce war as a
countries pledge not to attack each other or agree to support each other’s way to solve
defenses. Pacts can be regional or global and are important tools in conflicts.
diplomacy to promote peaceful relations. Unlike informal agreements,
pacts are usually binding and require countries to take action if the
agreement is threatened.
41. Discuss the essentials of a Treaty. What are the various stages of Treaty making?
Essentials of a Treaty:
• A treaty is a formal agreement between countries or international organizations that sets out rules and
obligations on various matters such as trade, security, environmental protection, and human rights.
• Treaties are important for ensuring peace and cooperation between nations.
• They are legally binding and must be followed by the countries that sign them.
• A treaty goes through various stages before it becomes enforceable, and each stage ensures that all parties
agree and are prepared to meet their obligations.
Cheat code to remember stages: "All Nice Signatures Really Add Cool Results After Signing."
Stages of Treaty-Making
Stage Description Example

1. Accrediting This is the first step where each country involved in the For a peace treaty between two
of treaty process appoints a representative, called a countries, both sides send
Representatives plenipotentiary. These representatives are given “Full representatives who have the
Powers,” meaning they are authorized to negotiate and authority to sign.
sign the treaty on behalf of their country. Their
credentials are shown to other representatives.
2. Negotiation Negotiation is the process where representatives from the During the negotiation of the
involved countries meet to discuss and agree on the terms Paris Climate Agreement,
of the treaty. This can be done through private meetings representatives from various
(bilateral) or larger conferences (multilateral). They countries discussed and agreed
negotiate until they reach a draft agreement. on climate targets.
3. Signature After the terms of the treaty are agreed upon, the final The U.S. signed the Kyoto
draft is signed by the representatives of the countries Protocol, but it didn’t ratify it,
involved. This signature shows that the countries agree to so it wasn’t legally bound by it.
the treaty, but it is not legally binding until ratification.
The treaty’s terms are made public after the signing.
4. Ratification Ratification is the formal approval of the treaty by each In 1992, the U.S. Senate ratified
country. Some countries need to get approval from their the North American Free Trade
government or legislature before ratifying a treaty. This Agreement (NAFTA), making
process ensures that each country agrees to follow the it legally binding.
treaty’s rules and that any necessary changes to local
laws are made.
5. Accession When a country that was not involved in the original Many countries joined the
and Adhesion treaty wants to join, it can do so by accession. Accession United Nations Framework
means the country agrees to all parts of the treaty. Convention on Climate Change
Adhesion is when a country agrees to some parts of the by accession after it was
treaty but not the entire agreement. created.
6. Coming into A treaty comes into force when all the necessary steps, The Paris Agreement came into
Force like ratification, have been completed. For some treaties, force when enough countries
they come into force immediately after being signed. For had ratified it, making it
others, they require a minimum number of countries to binding internationally.
ratify it before it becomes binding.
7. Registration Once a treaty is signed and ratified, it must be registered The Treaty on the Non-
and Publication with an international organization like the United Proliferation of Nuclear
Nations. This ensures that the treaty is publicly available Weapons (NPT) was registered
and recognized by the international community. If a with the United Nations after it
treaty is not registered, it cannot be used in UN was signed.
proceedings.
8. Application After the treaty comes into force, countries need to The Convention on the Rights
and incorporate its provisions into their national laws. This of the Child requires countries
Enforcement ensures that the treaty is applied and enforced properly to pass laws protecting
within each country. International bodies may also help children’s rights, and
enforce the treaty if needed. international bodies monitor
compliance.
42. Explain the term "Reservation" in treaties.
• A reservation in a treaty is a declaration made by a country that it does not accept certain parts of the
treaty or wants to change them.
• Countries can make reservations when signing or ratifying a treaty, but other countries involved must
agree to the reservation.
• Reservations are allowed to protect a country's sovereignty and allow it to join a treaty even if it cannot
accept every term.
• A country can make a reservation to be exempt from some provisions of a treaty, or to interpret the
provisions in a different way.
• Reservations can be made explicitly in the treaty or decided by the parties involved.
• If a country makes a reservation, it must get the consent of other countries involved, especially if the
reservation changes key terms.
• The International Court of Justice has said that reservations must not change the purpose or nature of the
treaty.
• If a reservation is accepted, the reserving country is still considered a party to the treaty.
• Some treaties, like the Genocide Convention, allow reservations if they do not conflict with the purpose
of the treaty.
• Example: The Vienna Convention on Diplomatic Relations allows countries to make reservations to
certain provisions while still being a party to the treaty.
43. Explain the procedure for termination of treaties. Write a short note on " Rebus Sic Stantibus"
A. Termination of treaty by expiry:

• A treaty can end when its expiry date is reached.
• Both parties may agree that the treaty should be valid only for a certain period.
• If no renewal or extension is agreed, the treaty automatically terminates.
• The treaty’s terms will specify the duration and how it ends once the time limit is over.
B. Dissolution of treaties:
i. Mutual consent: ii. Withdrawal by notice:

• Mutual consent can end a treaty when both • Withdrawal by notice allows a party to end a treaty by
parties agree to dissolve it. giving notice.
• Both parties must formally agree to terminate • The treaty usually outlines how and when the notice
the treaty. should be given.
• This decision is made through negotiation • The country can withdraw after the notice period
and mutual agreement. expires.
• The dissolution can happen at any time if • Withdrawal is often subject to conditions or a specific
both sides agree to it. time frame in the treaty.
iii. Voidance of Treaty: iv. By Cancellation:
• A treaty can be considered void if it was • Cancellation of a treaty happens when one party
made under force or threats. breaks its terms.
• If a treaty is based on illegal or immoral acts, • If a party fails to fulfill its obligations, the treaty can
it may be void. be canceled.
• A treaty can be void if one party lacked the • The other party can seek cancellation after giving
authority to make it. notice of the breach.
• If a treaty goes against a country's • Cancellation is usually subject to the conditions laid
constitution or laws, it may be void. out in the treaty.
• A treaty may be void if it was made by deceit • The process of cancellation requires formal action
or misrepresentation. from the affected party.
• A void treaty has no legal effect and cannot • Once canceled, the treaty no longer binds either party
be enforced. legally.
Rebus Sic Stantibus:
a. Rebus Sic Stantibus allows a treaty to end if major changes occur in circumstances.
b. It is used when changes make the treaty impossible or unreasonable to follow.
c. This principle applies if the situation when the treaty was made is drastically altered.
d. If the treaty’s original conditions no longer apply, it may be terminated.
e. Rebus Sic Stantibus has been used in cases where territorial changes occur.
f. A country can argue this principle if unexpected political or economic changes occur.
g. The principle is used to ensure treaties remain fair and relevant.
h. Example: The breakup of the Soviet Union led to new treaties based on new realities.
44. What is Pacta Sunt Servanda?
Pacta Sunt Servanda is a Latin phrase meaning "agreements must be kept." It is a fundamental principle in
international law that binds countries to honor the treaties and agreements they make with other states. This means
that once a country enters into a treaty, it is expected to follow the terms and obligations outlined in that treaty.
The principle ensures stability, trust, and predictability in international relations. If a country fails to uphold its
commitments, it can face legal consequences or damage its diplomatic relationships.
EX:
• If two countries sign a trade agreement to lower tariffs, they must adhere to the agreed terms. Similarly, if a
peace treaty is signed to end a conflict, both parties must fulfill their obligations to maintain peace.
• Australia v. France , 1970. Australia protested France’s nuclear tests in the Pacific, claiming they violated
the Treaty of Rarotonga, which made the region a nuclear-free zone. France argued the treaty didn’t stop their
tests and continued testing. Australia took the case to the International Court of Justice, which ruled that
France must stop the tests, as they were breaking the treaty. This case shows that countries must honor the
agreements they make, as required by Pacta Sunt Servanda.
45. What is Inception and Interpretation of Treaties?
Inception of Treaties:
• Inception of treaties refers to how treaties are created and established as official agreements between
countries.
• The process involves negotiation, drafting, and signing, where parties agree on the terms, responsibilities,
and goals of the treaty.
• Once signed, many treaties require ratification or approval from each country’s government to take full effect.
• For example, the Paris Climate Agreement was developed through extensive negotiations before being signed
and ratified by countries worldwide to address climate change.
Interpretation of Treaties:
• Interpretation of treaties is about understanding the exact meaning and obligations within a treaty.
• The International Court of Justice (ICJ), United Nations, or specialized international organizations often
interpret treaties when there is disagreement.
• A protocol, or set of interpretation guidelines, is often attached to the treaty to guide understanding.
• If treaties are written in multiple languages, the treaty may specify which language version takes precedence
in case of a conflict.
General Principles of Interpretation:
Principle Explanation Example

Grammatical Words in a treaty are generally interpreted For example, if a term in a treaty appears to
Interpretation by their plain and natural meaning. If this mean one thing but creates a clear
leads to an absurd outcome or contradicts contradiction, the interpretation may be
the parties' intentions, the interpretation is adjusted based on the treaty’s purpose.
reconsidered.
Object and If language is unclear, the purpose and In the WHO v. Egypt case, the treaty’s goal
Context of the context of the treaty are considered to to promote global health helped clarify
Treaty better understand it. unclear terms about medical standards.
Reasonableness Treaties are interpreted to make A trade agreement would be read in a way
and reasonable sense and align with that aligns with existing international trade
Consistency established rules of international law. laws.
Principle of Treaties are interpreted so that every part
If a treaty provision for resource sharing is
Effectiveness has meaning and is not rendered useless. vague, the interpretation will ensure it
remains effective and meaningful.
Recourse to When needed, additional information, For instance, if two countries have a
Extrinsic such as past agreements or negotiation longstanding trade relationship, previous
Material records, is used to interpret the treaty’s treaties can help clarify terms in a new trade
meaning. agreement.
46. Define Parties. What are the Rights and Duties of parties?
Parties to a treaty are either state parties or third states. A state party is a country that has signed the treaty and
agreed to its rules, so it must follow them. A third state is a country that hasn’t signed the treaty, so it usually
doesn’t have to follow it unless it clearly agrees to do so.
Rights of Parties to a Treaty
• State parties can expect other state parties to follow the treaty rules.
• They can hold other state parties responsible if they break the rules.
• They may change or cancel parts of the treaty if all parties agree.
• State parties can offer certain benefits (like trade or security) to third states.
• They have the right to settle disputes with other state parties.
• State parties can extend benefits to groups of third states if everyone agrees.
• They can enforce treaty rights even if it doesn’t directly benefit them.
• Parties can invite other nations to join treaty-related activities if there’s agreement.
Duties of Parties to a Treaty
• State parties must follow all the treaty rules as agreed.

• They need to respect each other’s rights under the treaty.
• They must comply with any specific steps or rules the treaty requires.
• If they offer rights to third states, they should respect those agreements.
• They are expected to act fairly and responsibly in enforcing the treaty.
• Parties can’t take away rights given to third states without agreement.
• They shouldn’t impose treaty rules on third states without their consent.
• State parties must respect international law in all treaty-related actions.
47. Explain the validity and enforcement of treaties.
Validity of Treaties Enforcement of Treaties

• A treaty is valid when all parties agree to • Treaties are enforced by international courts or
its terms and sign it. organizations, which make sure countries follow the
• It becomes legally binding only after the rules.
parties officially ratify it, meaning they • If one party breaks the treaty, other parties can bring the
approve it through their national processes. issue before a court, like the International Court of
• Treaties are valid as long as they do not Justice (ICJ).
contradict a country's constitution or • Countries can impose penalties or sanctions on another
international law. country that violates a treaty.
• If a country signs a treaty and then decides • Treaties often have dispute resolution procedures, like
not to ratify it, it isn’t bound by the treaty. negotiation or arbitration, to help parties settle issues
• For example, if a country signs a trade peacefully.
agreement but doesn’t ratify it, it doesn’t • For example, in the Paris Agreement, countries are
have to follow the trade rules. encouraged to meet climate goals, and failure to do so
may result in international pressure or penalties.
48. Explain about United Nations Organisation. Mention its objects, functions, purposes and principles
The United Nations (UN) is an international organization established in 1945 to promote peace, security, and
cooperation among countries. After World War II, nations wanted to avoid future conflicts and work together for
a better future. The UNO was created to help maintain global peace and security.
History of the United Nations:
1. The idea for a new international organization was formed during World War II after the failure of the
League of Nations.
2. In 1941, the Atlantic Charter was signed by President Roosevelt and Prime Minister Churchill, outlining
goals for peace and security.
3. In 1942, 26 nations signed the United Nations Declaration, agreeing to fight against the Axis powers.
4. In 1944, the Dumbarton Oaks Proposal outlined the structure of the United Nations.
5. In 1945, the Yalta Conference resolved differences about the Security Council.
6. In April 1945, 50 nations met in San Francisco to finalize the United Nations Charter, which officially
came into effect on October 24, 1945.
Objects of the United Nations Principles of the United Nations
1. To prevent future wars and save future generations 1. All member countries are equal, and their
from the horrors of war. sovereignty is respected.
2. To support human rights and the dignity of 2. Countries must follow the rules and
individuals. obligations set by the UN Charter.
3. To promote equality for all people, regardless of their 3. Disputes between countries must be settled
gender or country size. peacefully.
4. To create fair conditions where international law and 4. Nations must not use force or threats against
justice can be respected. each other.
5. To improve the quality of life and freedom for all 5. Countries must support the actions of the UN
people. to maintain peace and security.
6. To strengthen international peace and security. 6. The UN can ask non-member countries to
7. To ensure that military forces are used only in follow its principles when necessary for
common interest. peace.
8. To help countries improve their economic and social 7. The UN cannot interfere in a country's internal
development. matters unless it poses a threat to global peace.
Functions of the United Nations Purposes of the United Nations
1. Work to maintain global peace and prevent conflict. 1. To maintain international peace and security
2. Help resolve international disputes through peaceful by preventing conflicts.
means. 2. To develop friendly relations between nations
3. Promote human rights and support equal treatment based on equality and respect.
for everyone. 3. To solve global problems through
4. Encourage countries to cooperate on issues like international cooperation.
health, education, and economic development. 4. To encourage the promotion of human rights
5. Provide a forum for countries to discuss global and freedoms for all people.
challenges and solutions. 5. To help achieve economic and social progress
6. Offer humanitarian aid to countries facing crises like for all countries.
natural disasters or war.
49. Write a short note: Sovereign equality of states
Sovereign equality of states is the principle that all countries, regardless of their size, power, or wealth, are equal
under international law. This means that each state has the same rights and responsibilities, and no state has more
authority than another. The United Nations Charter, in Article 2, recognizes this principle, stating that all member
states are equal. Sovereign equality includes the right of each state to govern itself, make decisions without
interference from others, and choose its political, economic, and social systems. It also means that states must
respect each other’s independence, territory, and sovereignty. The principle ensures that every country has an
equal vote in international bodies like the UN General Assembly and that no state can claim authority over
another.
50. Explain the Principal organs of the United Nations.

The United Nations (UN) is an international organization founded to promote peace, security, social and
economic development, and human rights. The UN is structured around six principal organs, each with a distinct
role in achieving these goals.
General Assembly: Security Council:
• It is the main platform for discussion and decision- • Responsible for maintaining international
making within the UN. peace and security.
• Composed of all 193 member states, each with one • Composed of 15 members: 5 permanent (with
vote. veto power) and 10 rotating non-permanent
• Meets annually to address global issues such as members.
peace, security, and development. • Can impose sanctions or authorize military
• Decisions are generally made by a simple majority action to address global threats.
vote, with important matters requiring a two-thirds • It is the only UN body with the authority to
majority. make binding decisions on member states.
• Elects a new president each year to preside over its • Takes the lead in identifying and responding to
sessions. threats to peace and acts of aggression.
• Provides a space for all countries to voice their • Countries must comply with its decisions, but
concerns and propose solutions. veto power gives five members greater
influence.
Economic and Social Council (ECOSOC): International Court of Justice:
• Coordinates economic, social, and environmental • Serves as the main judicial body of the UN,
work across the UN system. based in The Hague, Netherlands.
• Focuses on achieving the UN’s Sustainable • Settles legal disputes between countries in
Development Goals (SDGs). accordance with international law.
• Membership is made up of 54 countries, elected by • Issues advisory opinions on legal matters
the General Assembly. referred by UN bodies or authorized
• It reviews and monitors global economic progress organizations.
and development. • Composed of 15 judges elected for nine-year
• Works to promote international cooperation on terms, representing various legal systems.
global issues like poverty, health, and education. • Its rulings are binding but rely on voluntary
• Provides a platform for dialogue between compliance from states.
governments, civil society, and the private sector. • Only states may bring cases before the court,
not individuals or organizations.
Secretariat: Trusteeship Council:
• The administrative arm of the UN, handling daily • Established to supervise territories that were
operations. once under colonial rule.
• Led by the Secretary-General, who is the UN's • Played a key role in overseeing the
public spokesperson. decolonization process.
• Collects data, conducts research, and provides • Became inactive in 1994 when the last trust
essential services to UN bodies. territory, Palau, gained independence.
• Ensures the implementation of decisions made by • The Council can be reactivated if necessary,
other UN organs. though this would require member approval.
• Provides translation, interpretation, and logistical • Helped shape modern international law and
support for UN meetings. human rights protections.
• Its staff is made up of international civil servants • Was originally part of the UN’s effort to guide
who are recruited based on merit. former colonies toward self-governance.
51. Are the UN security council resolutions passed under the UN charter binding on the states?
Yes, resolutions passed by the UN Security Council are binding on all member states. This means countries
must follow the decisions made by the Security Council, especially when it comes to maintaining peace and
security. The Security Council can take actions like imposing sanctions or even allowing the use of force to
address global problems. However, if one of the five permanent members (the USA, China, Russia, UK, or
France) disagrees, they can veto a resolution and stop it from being passed. But in general, countries are
required to follow these resolutions.
52. What are the result of Ceasefire violations under international law?
When a ceasefire is violated, it can lead to several serious outcomes. First, it can break the trust between the
parties involved in the conflict and ruin any ongoing peace talks. The country or group that violates the
ceasefire may face diplomatic pressure from other countries or international organizations, which could result
in political isolation. There could also be sanctions, such as trade restrictions or travel bans, imposed on the
violator. The situation may also worsen, as the other side might retaliate, leading to more fighting. If the
violation involves war crimes or breaches international law, legal actions could be taken, including trials in
international courts. In some cases, peacekeeping forces or even military action may be used to restore order.
Finally, civilians are often the ones who suffer the most, with more harm done to them, including injuries,
displacement, and damage to homes or important services.
53. Are the UN Security council have power to take military action against the state which does not comply
with its reservation? Give a historical precedent governing the situation.
Yes, the UN Security Council can authorize military action against a state that refuses to follow its resolutions.
A well-known example is the Gulf War in 1990. Iraq, led by Saddam Hussein, invaded Kuwait, which
violated international rules. The Security Council demanded Iraq withdraw, but when it didn’t, they passed a
resolution allowing military action. A US-led coalition, with Security Council approval, then launched a
military operation to force Iraq out of Kuwait. This shows the Security Council can use military force if
needed to maintain peace.
54. Write a note on " Peaceful settlements of Disputes under International Law.
• Peaceful settlement of disputes is a key principle in international law, promoting resolving conflicts without
violence.
• This principle is included in the UN Charter, especially in Article 2.4, which prohibits the use of force between
countries.
• Article 33 of the UN Charter lists methods to resolve disputes peacefully, including negotiation, mediation,
arbitration, and judicial settlement.
• Countries should try these methods first before asking the UN Security Council to intervene if they can't reach
an agreement.
• Diplomatic efforts, like talks between countries or mediation, help prevent conflicts and promote cooperation.
• Mediation has become an important tool in resolving disputes, with international organizations like the UN
offering mediation services.
• Nonbinding methods, like conciliation or inquiry, are also valuable in resolving conflicts peacefully.
• One example of peaceful dispute resolution is the South China Sea arbitration in 2016, where the
Philippines used arbitration to settle a territorial dispute with China.
• The Camp David Accords in 1978, mediated by the US, led to a peace agreement between Egypt and Israel,
demonstrating the success of diplomatic efforts.
• Peaceful dispute resolution helps maintain stability, avoid wars, and ensures that international laws are
respected by countries.
55. What do you understand by the term Veto power of the permanent members of the Security Council?
• The veto power of the permanent members of the UN Security Council allows any of the five permanent
members to block a resolution.
• The five permanent members are China, Russia, France, the United States, and the United Kingdom.
• These members can use their veto power to stop decisions they don’t agree with, even if the majority of other
countries support the resolution.
• The veto power is used to protect the national interests and foreign policies of the permanent members.
• So far, there have been 293 vetoes in the UN Security Council, with Russia using the most vetoes (143).
• The veto power cannot be used during an emergency session of the UN General Assembly.
• The first veto was cast in February 1946.
• The veto is a special right given only to the five permanent members, and it makes their decisions very
influential in the UN.
56. What is ILO? Explain the objects, functions, composition of ILO.
The International Labour Organization (ILO) is an agency of the United Nations that works to promote fair labour
practices, human rights, and social justice. It was established after World War I and became the first specialized
agency of the UN in 1946. It helps set international labour standards and works with governments, employers,
and workers to create better working conditions around the world.
a) Objectives of the ILO b) Functions of the ILO c) Composition of the ILO
• The ILO aims to create fair • The ILO sets international labour • The ILO is based on a tripartite
labour standards and protect standards and creates conventions system of governments,
fundamental rights at work. to improve working conditions employers, and workers.
• It works to ensure that globally. • The International Labour
everyone has equal access to • It helps countries address their Conference meets annually to
decent work opportunities. labour issues by providing set policies.
• The ILO focuses on technical assistance and guidance. • The Governing Body manages
increasing social protection • The ILO monitors the ILO’s activities and policies.
for workers globally. implementation of labour standards • The International Labour
• It strengthens cooperation by member countries and works to Office is the permanent
and dialogue between ensure they follow the conventions. secretariat handling daily
governments, workers, and • It advocates for workers' rights, tasks.
employers (Tripartism). including fair wages, safe working • Each member country sends
• It aims to improve working conditions, and equal opportunities four delegates to the
conditions for people for all. Conference: two from
worldwide, ensuring fairness • The ILO conducts research on government, one from
and justice in the workplace. labour issues and provides valuable workers, and one from
information to help countries make employers.
better labour policies.
57. What is WTO? Explain the objectives, functions, principles of WTO.
The WTO (World Trade Organization) is an international body that helps countries trade with each other more
smoothly and fairly. These rules only apply to countries that are members of the WTO. The WTO works based
on agreements that member countries negotiate and sign, but each country's parliament must approve these
agreements first. The WTO was created on January 1, 1995, after the Marrakesh Agreement was signed on April
15, 1994. This agreement replaced the older General Agreement on Tariffs and Trade (GATT).
Objectives
• The WTO sets rules for international trade through agreements on goods, services, and intellectual
property rights.
• It ensures countries follow these rules and settles disputes if they break them.
• The WTO acts as a global meeting place to discuss and promote free trade between countries.
• It helps resolve trade disagreements by following a set process involving all parties, not just one country.
• The WTO works to make its decision-making process clearer and more open to participation.
• It cooperates with other global institutions like the IMF, UNCTAD, and the World Bank to create
consistent economic policies.
• The WTO protects the interests of developing countries by supporting them with trade rules and dispute
management.
Functions
• The WTO reviews trade policies to ensure stability and keep trade fair and transparent.
• It provides a platform for countries to discuss future trade strategies and address issues like tariffs.
• The WTO helps put trade agreements into action once they are approved by member countries'
parliaments.
• It settles trade disputes by using experts who interpret agreements and offer solutions.
• The WTO helps developing countries use their resources better by giving them more trade opportunities
and support.
Principles
• Countries should treat each other equally in trade (e.g., giving the same tariff rates to all WTO members).
• Trade rules and regulations should be clear and open.
• Countries should open up their markets to others, balancing the benefits of trade.
• Countries should not impose unfair restrictions or policies that favor some countries over others
Structure:
• Ministerial Conference • Councils and Committees
• General Council • Secretariat
• Dispute Settlement Body (DSB) • Appellate Body (Currently Inactive)
• Trade Policy Review Body (TPRB)
58. Write a short note on " Amnesty International".
• Amnesty International is a global organization that works to protect human rights and is not influenced by
any political parties, religions, or governments.
• It aims to free people who are imprisoned for their opinions, race, ethnicity, or religion, as long as they haven't
used violence or encouraged it. These people are called "prisoners of conscience."
• Originally a British group, Amnesty International created a global office in 1963.
• Sean Mac Bride, who won the Nobel Peace Prize, became the chairman in 1963.
• By 1973, the organization had over 1,000 groups in 28 countries, and by 1977, it had 1,874 groups in 33
countries.
• The current chairman is Thomas Hammarberg from Sweden.
• Amnesty International works to stop torture, mistreatment, and the death penalty, and defends the rights of
"forgotten prisoners."
• In 1974, the organization outlined three key goals: defending prisoners of conscience, opposing torture, and
fighting the death penalty.
• It received the United Nations Human Rights Prize in 1978 and the Nobel Peace Prize in 1977 for its work
defending human dignity.
59. What is UNESCO? Write the objectives, functions powers and composition of it.
UNESCO (United Nations Educational, Scientific and Cultural Organization) is a specialized agency of the
United Nations that works to promote peace through international cooperation in education, science, and culture.
It was established in 1945 to advance global understanding and improve human rights.
Objectives: Functions:
1. Promote peace and nation-building through 1. Lead global education efforts through
international cooperation. frameworks like Education 2030.
2. Eradicate poverty through education and science. 2. Advocate for cultural preservation and promote
3. Provide universal access to high-quality education for creativity.
all. 3. Implement programs for sustainable
4. Support sustainable development by mobilizing development and global citizenship.
scientific knowledge. 4. Work with governments to improve education
5. Protect cultural heritage and preserve heritage sites. systems and cultural policies.
6. Address social and ethical issues. 5. Establish and maintain the World Heritage
7. Promote cultural diversity and intercultural dialogue. Sites List.
8. Use technology to build inclusive knowledge 6. Conduct global research and reports on
societies. education, science, and culture.
9. Focus on Africa and gender equality as key global 7. Support the development of biosphere reserves
priorities. to promote environmental sustainability.
Powers: Composition:
1. Develop and promote international conventions 1. UNESCO has 193 member countries and 11
related to education, culture, and science. associate members.
2. Support member countries with technical assistance 2. The organization is governed by a General
and funding. Conference and an Executive Board.
3. Organize international meetings and conferences to 3. The Secretariat, led by the Director-General,
set global priorities. carries out decisions made by the board and
4. Monitor and report on the progress of global goals conference.
like education and sustainable development. 4. It has regional offices and national
5. Collaborate with other international organizations for commissions worldwide.
greater impact.
60. What is UNICEF? Write the objectives, functions, scope of UNICEF.
UNICEF stands for United Nations Children’s Fund, which works to help children around the world by providing
healthcare, education, and protection from harm. It was established in 1946 to provide relief and healthcare to
children and mothers affected by World War II. It started as the International Children’s Emergency Fund (IECF)
and became part of the United Nations in 1953, changing its name to the United Nations Children’s Fund, though
it continues to be known by the acronym UNICEF.
Objectives of UNICEF: Functions of UNICEF:
• Promote children's rights globally. • Works through country offices in over 190 nations.
• Provide safe shelter, healthcare, and nutrition. • Provides support during humanitarian crises.
• Ensure access to education for all children. • Partners with governments and NGOs to improve
• Protect children from disasters, conflicts, and children's welfare.
violence. • Collects data and reports on global child issues.
• Fight for equality and protection for children. • Raises funds through government and private
contributions.
Scope of UNICEF’s Work: Composition of UNICEF:
• Focuses on child development, nutrition, and • The Executive Director leads UNICEF's overall
health. functioning.
• Works to protect children from violence and • The Executive Board consists of 36 member
exploitation. countries elected by ECOSOC.
• Provides education and supports polio • UNICEF has 150 country offices focused on
eradication. children's welfare.
• Supports reproductive health and the fight • Over 30 National Committees raise funds and
against AIDS in children. implement programs.
• Works on emergency preparedness and • UNICEF has regional offices in Senegal, Panama,
response for children in need. Kenya, Switzerland, Thailand, Jordan, and Nepal to
coordinate regional efforts.
61. What is the differences between UNDP and UNEP?
UNDP and UNEP are both parts of the United Nations, but they have different roles. UNDP works on broader
development issues, such as reducing poverty, improving education, and supporting health, while UNEP focuses
mainly on protecting the environment. They often work together on projects that combine both environmental
and development goals. UNDP helps countries develop their economy and infrastructure, while UNEP ensures
that development happens in an environmentally sustainable way. For example, UNDP might support a country
in building better schools, and UNEP would make sure that this development doesn’t harm the environment.
UNDP (United Nations Development UNEP (United Nations Environment Programme)

Programme)
UNDP focuses on eradicating poverty, reducing UNEP is dedicated to addressing the world’s
inequality, and promoting sustainable development environmental challenges like climate change,
across the world. pollution, and biodiversity loss.
Example: UNDP helped set up programs in Example: UNEP played a key role in the successful
Afghanistan to improve education and healthcare global effort to phase out harmful substances like CFCs
for women and children. to protect the ozone layer.
It works in over 170 countries, collaborating with It helps countries transition to low-carbon economies
governments, civil society, and other and promotes green technologies.
organizations. Example: In India, UNDP has Example: UNEP supported the creation of Kenya’s
supported projects for climate-resilient agriculture Green Economy Strategy to boost renewable energy
in rural areas. use.
UNDP supports the implementation of the UNEP works closely with nations on strengthening
Sustainable Development Goals (SDGs), environmental policies and governance.
especially those related to poverty, inequality, and Example: UNEP’s work in Latin America helps
economic growth. countries design sustainable policies for forest
Example: UNDP’s work in sub-Saharan Africa conservation.
focuses on improving governance and economic
opportunities.
It also helps countries in developing democratic UNEP provides critical data, research, and policy
governance systems and building resilience to advice on environmental issues to inform decision-
crises. making.
Example: UNDP assisted in post-conflict recovery
Example: UNEP’s assessment reports on air pollution
efforts in countries like Syria and Sudan. in cities have helped inform local policies in China.
It focuses on empowering marginalized It organizes global initiatives and forums like the UN
communities to build better lives. Environment Assembly to guide environmental action.
Example: UNEP’s efforts at the 2023 UN Environment
Example: UNDP's program in South Sudan Assembly focused on solutions to plastic pollution in
supports women’s empowerment and community- oceans.
led development.
62. What is Agenda 21?
Agenda 21 is a plan created by the United Nations in 1992 to help countries build a better, more sustainable
future. It focuses on protecting the environment, improving people’s quality of life, and making sure that
development doesn’t harm future generations. The plan suggests ways for countries to work together on issues
like pollution, poverty, and using resources wisely.
MODULE 4:
1) What is WHO? Mention its functions, Objectives, Global health law consortium, communicable
diseases, Prevention and control.
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for
international public health. Established in 1948, WHO aims to promote health, keep the world safe, and serve
vulnerable populations. It works with governments and other organizations worldwide to prevent disease,
improve health standards, and respond to global health emergencies, like pandemics. Over the years, WHO has
become central to coordinating global health efforts, especially in addressing issues like infectious disease
outbreaks and developing health policies for the betterment of global communities.
Functions of WHO Objectives of WHO
a. Develops health guidelines and standards to improve a. Promote healthy living by addressing
global healthcare. preventable diseases, like diabetes and heart
b. Provides assistance to countries during health crises, disease.
such as pandemics or natural disasters. b. Strengthen healthcare systems worldwide to
c. Monitors global health data to detect and respond to ensure universal access to healthcare.
potential outbreaks quickly. c. Combat communicable diseases, including
d. Supports health research to advance medicine and malaria, tuberculosis, and HIV/AIDS.
disease prevention. d. Improve maternal and child health, reducing
e. Ensures accessibility to essential medicines and mortality rates.
health services in low-income countries. e. Enhance responses to health emergencies, such
f. Provides training to healthcare workers to improve as pandemics and natural disasters.
the quality of medical care globally. f. Foster international cooperation to tackle
g. Encourages countries to adopt healthy policies and shared health challenges.
implement disease-prevention measures. g. Promote equity in health by addressing social
h. Fosters partnerships between governments, private and economic inequalities.
sectors, and civil society to promote health h. Encourage sustainable development goals
initiatives. related to health and well-being.
Global Health Law Consortium
a. The Global Health Law Consortium is a network of experts working on laws and policies for better global
health governance.
b. It assists WHO and other organizations in creating effective legal frameworks for disease control, health
systems, and emergency response.
c. Promotes international cooperation to create standardized health policies and regulations across countries.
d. Works with WHO on implementing the International Health Regulations, which help countries prevent and
respond to global health risks.
e. Aims to build legal capacities in low- and middle-income countries to strengthen health governance.
f. Encourages transparency, accountability, and ethical standards in global health practices.
Communicable Diseases
a. Communicable diseases are infections that spread from person to person or from animals to humans, such
as the flu, COVID-19, and Ebola.
b. They can be caused by bacteria, viruses, fungi, or parasites, and often spread through direct contact, air,
water, or vectors like mosquitoes.
c. Examples include malaria (spread by mosquitoes), tuberculosis (airborne transmission), and HIV/AIDS
(through bodily fluids).
d. WHO monitors and provides data on outbreaks, helping countries to identify and respond to disease threats.
e. Many communicable diseases are preventable with vaccines, proper sanitation, and health education.
f. Reducing the spread of these diseases can have a significant impact on global health and economic
development.
Prevention and Control of Communicable Diseases
a. Vaccination programs help control diseases like measles, polio, and COVID-19.
b. Promoting good hygiene practices, such as handwashing, reduces the spread of illnesses.
c. WHO encourages countries to develop early warning systems for detecting disease outbreaks.
d. Use of protective equipment, like masks and gloves, helps in preventing disease transmission in healthcare
settings.
e. Public health education campaigns increase awareness and promote preventive measures.
f. Ensuring access to clean water and sanitation facilities decreases the spread of waterborne diseases.
g. Surveillance and reporting of cases help countries to act quickly, minimizing outbreaks.
h. Collaboration with organizations and countries ensures a coordinated response to pandemics and other
health crises.
2) How does the World Health Organization (WHO) work with the International Health Regulations
(IHR) to keep the world safe from health emergencies?
• The WHO and the IHR work together to prevent and control global health threats.
• WHO is the organization that guides and supports countries, while the IHR is a set of rules that all
countries agree to follow to protect public health.
• WHO uses the IHR as a framework to help countries work together and respond quickly to health risks
that can spread between countries, like pandemics, disease outbreaks, and environmental hazards.
• WHO can declare a “Public Health Emergency of International Concern” (PHEIC) under the IHR, which
mobilizes international cooperation and resources.
• The IHR requires countries to report certain health threats to WHO, which then shares this information
with other countries.
• Fast sharing of information helps countries prepare for health risks, even before these risks cross borders.
• WHO supports countries by providing training and resources to help them follow the IHR, improving
health surveillance, laboratory capacity, and emergency response plans.
Examples:
• During the COVID-19 pandemic, WHO declared a PHEIC, which allowed countries to work together
quickly to control the spread.
• The IHR requires countries to share data on threats like COVID-19, enabling WHO to inform other
nations and help them prepare.
• WHO offers guidance and resources to countries to improve testing and emergency response, like setting
up detection and control systems during Ebola outbreaks.
WHO IHR
Guides global health responses and provides support to Sets international rules that countries follow for
countries. health security.
Declares Public Health Emergencies (e.g., COVID-19) Gives a legal basis for how countries should respond
to mobilize resources. in emergencies.
Acts as a central hub for sharing health information Requires countries to report certain health threats to
worldwide. WHO.
Helps countries strengthen health systems through Defines essential health capabilities that countries
training and resources. should develop.
Example: Provides COVID-19 guidelines and vaccine Example: Requires countries to share data on
information to countries. COVID-19 cases with WHO.
3) Discuss the purpose, scope, and core functions of the International Health Regulations (IHR). What
are the Rights and obligations of states?
The International Health Regulations (IHR) were first established in 1969 by the World Health Organization
(WHO) to provide a legal framework for preventing and controlling the spread of diseases across international
borders. Over time, the IHR have been revised and updated, with a major revision in 2005, following the SARS
outbreak. The IHR now serve as a key tool for global health security, ensuring that countries work together to
identify and respond to public health risks that could spread internationally.
Purpose of IHR Scope of IHR
• The main purpose of the IHR is to protect • The IHR apply to all countries that are members of
global health by preventing and controlling WHO and cover a wide range of health risks,
the spread of diseases across borders. including infectious diseases, chemical hazards, and
• They aim to ensure countries cooperate and radiation emergencies.
share information about potential health risks • They provide a global framework for health security,
in a timely manner. ensuring that countries are prepared to detect and
• The IHR help avoid unnecessary restrictions respond to health threats.
on international travel and trade while still • The IHR also address issues like surveillance of
addressing global health threats. diseases, response coordination, and sharing of health
• They set rules for how countries should data between countries.
respond to public health emergencies of • They are not limited to just preventing the spread of
international concern, minimizing their diseases but also focus on building national health
impact on global health and economies. systems and capacities for emergency preparedness.
Functions of IHR Rights and Obligations of States
• The IHR require countries to detect and notify • States have the right to seek support and resources
WHO about certain health events that might from WHO in case of health emergencies, including
pose a risk to public health, such as disease technical assistance and emergency response aid.
outbreaks. • They are obligated to report certain health risks to
• Countries must establish national systems to WHO within 24 hours of assessment, particularly
monitor health risks and ensure they can when the risk could spread internationally. For
quickly respond to emergencies. example, during the 2014 Ebola outbreak, affected
• They outline procedures for WHO to declare countries had to notify WHO immediately.
a “Public Health Emergency of International
Concern” (PHEIC), which helps coordinate
global responses during emergencies, like the • States must develop core health capacities, such as
COVID-19 pandemic. surveillance, laboratory testing, and emergency
• The IHR encourage countries to collaborate preparedness, to detect and manage health threats.
on health information sharing, research, and • States are required to implement public health
best practices to strengthen global health measures, like quarantine and isolation, but these
security. measures must be based on scientific evidence and
• They also require countries to avoid not unjustly interfere with international trade or
unnecessary restrictions on trade and travel travel.
during health emergencies unless • States have the responsibility to share health data and
scientifically justified. collaborate on joint actions to prevent and control
public health emergencies.
4) Write a note on "International Trade Laws". What are the General principles? How do non-
discrimination and national treatment promote fair trade?
International trade laws are rules that govern trade between countries, ensuring that trade happens smoothly and
fairly. The World Trade Organization (WTO), created in 1995, oversees these laws, helping to manage trade
agreements and solve disputes. Before the WTO, the General Agreement on Tariffs and Trade (GATT) was used
to promote global trade and reduce barriers after World War II.
The history of international trade law is about countries working together to create a more connected global
economy. These laws developed to address problems like unfair trade practices and trade restrictions. Over time,
countries recognized the need for global rules to make trade fair, leading to the formation of the WTO, which
continues to shape and manage trade rules today.
General Principles of International Trade Laws
• Trade should be free, fair, and predictable to ensure smooth exchanges between countries.
• Countries must treat all trading partners equally, without giving special treatment to any nation (Non-
discrimination/MFN principle).
• Once goods or services enter a country, they should be treated the same as domestic ones (National
Treatment).
• Domestic laws should not unfairly discriminate against foreign products or services.
• Countries should make their trade policies clear and accessible so businesses can understand the rules
(Transparency).
• Trade policies should be stable, allowing businesses to plan for the future without sudden changes
(Predictability).
• Trade restrictions should only be imposed for legitimate reasons, like health, safety, or protecting the
environment.
• Countries should cooperate to reduce trade barriers and strengthen economic ties.
Non-discrimination and national treatment promote fair trade by ensuring that all countries are treated
equally.
• Non-discrimination (MFN principle) means that if a country offers a trade benefit to one nation, it must
offer the same benefit to all other countries. This prevents favouritism and ensures fairness in trade.
• National treatment means that once a foreign product or service enters a country, it should be treated
the same as a domestic product. For example, foreign goods should not face higher taxes or unfair
restrictions compared to local goods.
5) Write a note on UNCITRAL
• UNCITRAL is a part of the United Nations that creates rules to help countries trade easily and fairly with
each other.
• Its goal is to reduce problems in global trade and create clear and predictable laws for businesses across
different countries.
• UNCITRAL creates Model Laws to help countries make their own trade laws. For example:
a. The Model Law on International Commercial Arbitration helps businesses solve problems without
going to court.
b. The Model Law on Electronic Commerce helps businesses deal with online sales and contracts safely.
• UNCITRAL also works to make sure that laws related to contracts, transportation, and sales are the same in
different countries, making trade easier.
• UNCITRAL helps businesses trade fairly and smoothly across borders, supporting a stronger global economy.
6) Write a note on “International arbitration laws”
International arbitration laws are rules that help settle disputes between companies or people from different
countries, without going to court. Instead of going to a national court, the parties agree to use an independent
person, called an arbitrator, or a group of arbitrators, to make a decision that both sides must follow. This method
is often used in international business to solve problems quickly and fairly.
A key law in international arbitration is the New York Convention (1958), which makes sure that any arbitration
decision made in one country can be recognized and enforced in other countries. This gives businesses confidence
that they will be treated fairly, even if the dispute is in a foreign country. Another important law is the
UNCITRAL Model Law, which helps countries set up their own rules for arbitration. By following this model,
countries make their arbitration systems more similar, reducing confusion when solving disputes across borders.
For example, if a company in the US has a disagreement with a company in China, they may decide to solve the
issue through arbitration in a neutral country, like Switzerland, instead of going to court. This process is often
faster and easier for both sides.
7) What is the TRIPS Agreement, and how does it help protect intellectual property across countries?
The TRIPS Agreement is a set of rules created by the World Trade Organization (WTO) that sets basic standards
for protecting intellectual property (IP) in countries around the world. Intellectual property includes things like
copyrights, patents, trademarks, and geographical indications. The main purpose of TRIPS is to ensure that
creators, inventors, and businesses can protect their ideas and inventions in different countries.
For example, if a company invents a new drug, the TRIPS agreement makes sure they can protect their patent
(the right to make and sell that drug) in many countries. This prevents other companies from copying the drug
for a certain period, allowing the inventor to make money from their invention.
TRIPS also tries to find a balance between protecting IP and meeting the needs of society. For example, it allows
countries to make exceptions for public health. This means, if there is an urgent need, like during a health crisis,
countries can allow the production of cheaper versions of medicines, even if a patent exists. This happened in
2001 when the Doha Declaration was made, allowing countries to produce affordable medicines during health
emergencies, such as for HIV/AIDS.
8) How do international laws govern air and space rights to ensure safety and cooperation?
International laws on air and space rights govern the activities in the airspace and outer space. These laws are
critical for ensuring safety, order, and cooperation among countries as they navigate through the complexities of
air travel and space exploration. These laws have evolved over time, starting from the early 20th century as
aviation began to develop, and later, expanding into the realm of space exploration.
History and Evolution: The modern framework of international air and space law began to take shape after the
development of aviation in the early 1900s. With the rapid growth of aircraft and international air traffic, the need
for clear and coordinated regulations became apparent. Similarly, space exploration, which began in earnest in
the mid-20th century, required international cooperation and regulation to prevent conflicts and ensure peaceful
use of space. The laws governing air and space activities were formalized through various conventions and
agreements, often under the auspices of the United Nations (UN) or other specialized agencies like the
International Civil Aviation Organization (ICAO).
Rights in Air and Space
a. Each country has sovereignty over the airspace above its territory. This means that countries have the
right to control and regulate aircraft flying within their airspace.
b. International law allows aircraft to fly through airspaces of different countries, but this freedom is subject
to conditions and international agreements. Countries must agree on flight routes and ensure that aviation
safety standards are met.
c. Outer space is not owned by any one country, and it is considered the "common heritage of mankind."
This means that space activities should be conducted for the benefit of all countries, without any one
country claiming territorial ownership.
d. Both air and space laws emphasize the safety of operations and include provisions for liability in case of
accidents or damages caused by aircraft or space objects.
Role of International Laws in Air and Space Rights:

The role of international laws is to maintain peace, cooperation, and safety in air and space activities. These laws
provide a framework for resolving disputes, establishing norms, and ensuring that air and space activities are
conducted responsibly. They ensure that nations work together to prevent conflicts, protect the environment, and
promote peaceful exploration and use of these domains.
9) "Discuss the conventions that regulate air and space rights."
Several international conventions and agreements govern the use of air and space, each serving a specific
purpose in maintaining order, safety, and cooperation.
1. Chicago Convention (1944): 2. Geneva Convention (1948)
The Chicago Convention laid the foundation for The Geneva Convention protects the rights
international aviation law. It created the International Civil of people involved in international aviation,
Aviation Organization (ICAO), which sets global standards such as passengers. It ensures that if someone
for air travel. For example, ICAO has set safety rules for is harmed while flying, they can seek
airplane construction, navigation, and air traffic control. One protection under international law. This
of the key principles of the convention is the sovereignty of a convention aims to stop unlawful acts like
country’s airspace. This means each country controls the hijacking or air piracy.
airspace above its territory. However, it also ensures the
freedom of flight over international waters, allowing aircraft Example: The hijacking of Pan Am Flight 73
to travel between countries. in 1986 by terrorists was a horrific incident.
The Geneva Convention provides a
Example: After a plane crash, the ICAO helps investigate the framework for the legal response to such acts,
incident and create better safety standards. The tragic crash of including the protection of hostages and
Air France Flight 447 in 2009, which was caused by a ensuring the accountability of perpetrators.
combination of weather and technical issues, led to new safety
measures for monitoring aircraft systems in real time.
3. Tokyo Convention (1963) 4. Outer Space Treaty (1967)
The Tokyo Convention deals with crimes that happen on The Outer Space Treaty is one of the most
board an aircraft, such as hijacking or disruptive behavior. It important space laws. It states that outer
allows countries to take action if a crime occurs while an space is not owned by any country and is for
airplane is flying through international airspace, even if the peaceful exploration and use by all nations.
plane is not in their territory. This convention ensures that This treaty prohibits countries from placing
hijackers can be arrested, and that their actions are punished, nuclear weapons in space and encourages
regardless of where the plane lands. international cooperation in space
exploration.
Example: The infamous hijacking of TWA Flight 847 in
1985, which was taken over by terrorists, led to international Example: The space race during the Cold
cooperation under the Tokyo Convention to handle such War led to significant space exploration, but
incidents swiftly and legally the Outer Space Treaty helped ensure that
nations like the U.S. and Soviet Union
cooperated in peaceful missions, such as the
Apollo-Soyuz Test Project in 1972.
5. Rescue Agreement (1968) 6. Hague Convention (1970)
The Rescue Agreement is linked to the Outer Space Treaty. The Hague Convention focuses on making
It ensures that if astronauts are in danger, other countries must aircraft hijacking an international crime. This
assist them, no matter where they are in space or on Earth. treaty forces countries to cooperate in
This treaty makes the rescue of astronauts a shared prosecuting hijackers. It aims to prevent
responsibility. terrorism and protect air travel.
Example: The rescue of Soviet cosmonauts during the 1975 Example: In 1985, the hijacking of Achille
Apollo-Soyuz mission highlighted the importance of Lauro, a cruise ship, and the subsequent
international cooperation and the rescue agreement in space hijacking of an airplane by the same group of
missions. terrorists, showed the need for international
legal responses, which was addressed by the
Hague Convention.
7. Liability Convention (1972) 8. Montreal Convention (1999)
The Liability Convention holds countries responsible for The Montreal Convention sets out the rules
damages caused by their space objects, whether those for airline liability in the case of accidents,
damages happen in space or on Earth. If a country’s satellite including passenger deaths or injuries, and
crashes and damages another country’s property, the lost or damaged luggage. It simplifies the
responsible country must compensate for the damage. process for passengers to receive
compensation after accidents. It also limits
Example: In 2009, an Iridium satellite and a defunct Russian the airline's liability in some situations but
satellite collided in space, creating debris. Under the Liability ensures victims are fairly compensated.
Convention, the responsible parties would be required to
cover the costs of such incidents. Example: After the 2001 crash of American
Airlines Flight 587, the Montreal Convention
played a role in the compensation process for
the victims' families, offering them legal
clarity and compensation.
9. ICAO (International Civil Aviation Organization) 10. UNOOSA (United Nations Office for
Outer Space Affairs)
ICAO is the UN agency responsible for setting the standards
and rules for international air travel. It ensures that aviation UNOOSA is the body that helps countries
laws are followed, helps investigate air accidents, and works cooperate on space activities and promotes
to make air travel safe for everyone. It also oversees air traffic peaceful use of outer space. It works to
control systems and the licensing of pilots and airlines. ensure that space exploration is done
responsibly and that space law is followed.
Example: ICAO’s intervention after the 2014 disappearance
of Malaysia Airlines Flight 370 led to improvements in
tracking aircraft, ensuring that such an incident wouldn’t
happen again.
Situational Questions: (PYQ)
1. A Mail Steamer collided on High Seas with another Ship. There were allegations that the collusion was
caused due to negligence of the Officer who was commanding the Steamer. As the Ship sank and some
persons on Board Died.
a) Write the name of the famous cause relating to similar circumstances. Which Court gave the Judgment.
Name of the Case: The M/V Saiga (No. 2) Case (Saint Vincent and the Grenadines v. Guinea) Court that
Gave the Judgment : International Tribunal for the Law of the Sea (ITLOS)
b) Explain the Judgment in short in the above case.
The M/V Saiga, an oil tanker registered in Saint Vincent and the Grenadines, was detained by Guinea in
1997 for allegedly smuggling gas oil in Guinea’s exclusive economic zone (EEZ). Saint Vincent and the
Grenadines filed a complaint, claiming Guinea’s actions violated international law. The International
Tribunal for the Law of the Sea (ITLOS) ruled that Guinea had no jurisdiction to enforce its customs laws
in the EEZ and ordered the immediate release of the vessel and crew. Guinea was also required to pay
compensation for damages. The judgment emphasized the principle of freedom of navigation and
reinforced the jurisdictional limits of coastal states under international maritime law.
2. A mall in Nairobi, the capital of Senya, was attacked by terrorists in which 200 people, including 100
nationals of V.K., were taken hostage. The Senyan military failed to rescue the hostages, and V.K.
special forces carried out a covert operation to kill the terrorists and rescue the hostages. Senya
protested, claiming that V.K.'s intervention violated its territorial integrity.
a) What is State Territory?
State territory refers to the geographical area under a state's jurisdiction, including its land territory, internal
waters (like rivers and lakes), territorial sea (coastal waters up to 12 nautical miles), airspace above the land
and sea, and subsoil beneath them. The state has sovereignty over all these areas, meaning it has the authority
to govern and enforce laws within its boundaries.
b) What is the International Principle of Non-Intervention? What are its exceptions?
The principle of non-intervention prohibits states from interfering in the internal or external affairs of
other states. However, there are exceptions. A state may intervene in self-defense if it is attacked, or in
humanitarian cases to stop human rights violations, with UN approval. Intervention can also happen if the
state being intervened in consents, or if the UN Security Council authorizes the action. Additionally, some
states may intervene to protect their nationals abroad, but this must be limited and proportional.
c) Did the State of V.K. violate the principle of non-intervention? Why?
The State of V.K. may have violated the principle of non-intervention by conducting a military operation
in Senya’s territory without its consent. However, V.K. could justify the intervention by arguing it was
protecting its nationals held hostage. Whether the intervention was lawful depends on whether it was
necessary, proportional, and accepted by the international community.
3. Bondana and Pacika are two neighbouring States having boundary disputes. To resolve their disputes
both the countries decide to approach the International Court of Justice.
a) State the procedure followed by the Countries to approach the International Court of Justice.
To approach the ICJ, both countries must consent to its jurisdiction, either through a special agreement,
treaties, or declarations. The country filing the case submits an application with details about the dispute and
the legal grounds. The ICJ notifies the other party, who submits a counter-memorial. Both parties present
written and oral arguments. After deliberation, the ICJ issues a binding judgment, though enforcement
depends on the parties' compliance. If necessary, the matter can be referred to the UN Security Council.
b) Write the two famous cases decided by the International Court of Justice.
• Temple of Preah Vihear (Cambodia v. Thailand, 1962): ICJ ruled in favor of Cambodia, confirming
the temple was in Cambodian territory, resolving a border dispute.
• Gabcikovo-Nagymaros Project (Hungary v. Slovakia, 1997): ICJ found both countries violated
obligations over a dam project and called for a negotiated solution, emphasizing environmental concerns
and cooperation.
4. Recent times there have been ceasefire violation along the India - Pakistan Border on many occasions
resettling into loss of life of Army men and Civilians.
(i) What are the results of such ceasefire violations under International Law?
Ceasefire violations break international agreements, which can lead to countries facing criticism and possible
punishment. These violations can threaten peace, and the United Nations may get involved, imposing
sanctions or sending peacekeepers. Civilian deaths and injuries may also happen, which could lead to human
rights violations. The countries involved could ask the International Court of Justice to settle the dispute, but
both countries must agree. These violations can also harm relations between countries, making peace talks
harder.
(ii) What are the rights of affected States in such situations?
Countries have the right to defend themselves if they are attacked, including responding to ceasefire
violations. They can try to solve the problem through peaceful talks, ask for help from international
organizations like the UN, or even go to the International Court of Justice for a legal solution. If there are
humanitarian issues, they can ask for help from organizations like the Red Cross. Countries can also ask for
compensation for any damages and have the right to investigate the violations and collect evidence to hold
the responsible parties accountable.
5. The 1972 Stockholm Conference had the effect of initiating worldwide participation and partnership
in creating the awareness to preserve the environment from further damage.
a. State two major suggestions of the Stockholm Conference for the improvement of the environment.
The Stockholm Conference recommended that countries have the right to use their resources but must not
harm other countries' environments. It also stressed the importance of protecting natural resources like
air, water, and wildlife, ensuring they are managed for the benefit of future generations.
b. Write any two provisions which were inserted in the Indian Constitution as an impact of the
Stockholm Conference.
After the Stockholm Conference, India made two key changes to its Constitution. Article 48A was added,
requiring the government to protect and improve the environment and safeguard forests and wildlife.
Article 51A(g) was also added, making it the duty of every citizen to protect the environment, including
forests, rivers, and wildlife.
6. The Owners of two separate fishing vessels sailing under the Spanish Flags went to the Court claiming
that their ships containing fresh catch of fish had been captured by the United States. They claimed
that they were not aware of the existence of war and that their vessel was fishing on the coast close to
Cuba. No incriminating material like arms was found on the fishermen and they did not make any
attempt to run the blockade after learning of its existence nor did they resist their arrest.
a. Name the above mentioned case which deals with customary laws.
The case in question is the Paquete Habana Case.
b. What was the decision made by the United States Court in this case?
Decision by the United States Supreme Court:
• The U.S. Supreme Court held that under customary international law, coastal fishing vessels, along
with their equipment, cargo, and crew, are exempt from capture as prizes of war unless they are aiding
the enemy.
• The Court cited historical precedents and international practices that recognized this exemption,
affirming that customary international law is part of U.S. law and must be followed unless overridden
by a treaty or an act of Congress.
7. On January 23, 1925, the United States of America and the Netherlands referred their dispute
concerning sovereignty over particular Islands to Arbitration by a Sole Arbitrator to determine
whether the island in its entirety formed a part of the territory belonging to the United States of
America or of the territory of the Netherlands.
a. Which case is being referred to here and explain the facts of the case.
The United States of America and the Netherlands referred their case of dispute concerning dispute
concerning sovereignty over the island of Palmas to Arbitration by a sole Arbitrator. For Arbitrator held that
the Island of Palmas (or Miangas) formed in its entirety a part of Netherlands territory.
b. What was the principle adopted by the Arbitrator in resolving the case.
The principle adopted by the Arbitrator in resolving the case was sovereignty on the principle of contiguity
and non-revocability.
8. Thirty-seven states of the World are land-locked States. Nepal is also a land locked State and has no
access to the sea for carrying out Commercial Activities.
a. Which UN Convention grants rights to land locked States ?
The Geneva Convention on the High Seas of 1958, Convention on Transit Trade of Land Locked States or
1965and The Convention of the Law of Seas of 1982.
b. What are the rights of the land locked States?
If there is a Transit Treaty with State then they can enjoy free excess to the Sea. Nepal has Treaty of Trade
and Commerce so Nepal can enjoy free access to the Sea.
9. A Russian tourist was gang raped by the employees of the local where she was staying while visiting a
city. She left the country after the incident and a case was registered on her behalf for compensation.
a. Is there any breach of fundamental rights ? Explain answer with reasons
Yes there is a breach of fundamental rights, right to live with dignity, equality before law and equal
protection of law.
b. Explain with case laws if any fundamental rights are available to foreign citizens.
A State has as much jurisdiction over foreigners as over its citizen. Foreign citizens are also having
fundamental rights, right to live with dignity, equality before law and equal protection of law. [Mighell
v. Sultan of Johore, decided in 1893]
10. Gold belonging to Company was wrongfully seized by the Republic. Soon afterwards war broke and
the Republic was conquered and its territory was annexed by the Crown. The Company filed petition
against the Crown for recovering the gold that had devolved on the Crown.
a. Will the Company succeed in the case? Give reason.
The Company may not succeed in recovering the gold because once the Republic was conquered and annexed
by the Crown, its assets, including the gold, would likely pass to the new sovereign under the principle of
territorial sovereignty. The annexation of territory generally transfers ownership of assets to the new state.
b. Enumerate the modes of acquisition and loss of territory by State.
Territory can be acquired or lost by a state through various methods such as conquest, where land is gained
by military force; cession, where territory is transferred by agreement; occupation, where unclaimed or
disputed land is taken control of; accretion, where land is formed naturally; prescription, where continuous
and peaceful possession leads to ownership; annexation, where land is forcefully added following conquest
or occupation; and loss through war, where territory is lost due to military defeat. Additionally, territory can
be lost through treaties or cessions made between states.
11. The dispute arose between Denmark and Norway regarding Denmark's claim of Sovereignty over the
whole of Greenland. The foreign minister of these two Governments had discussed the matter.
However, the foreign minister for Norway had assured that the plans of the Danish Government
respecting Danish Sovereignty over the whole of Greenland would meet with no difficulties on the part
of Norway. This assurance was regarding Norway's attitude at the Paris Peace Conference of 1919.
Decide
a) Which court has jurisdiction?

Permanent Court of International Justice
b) Give the name of the case.

Eastern Greenland Case: P.C.I.J. (1933) A/B No. 53 (3WCR 151)
c) Whether the declaration made by the Foreign Minister for Norway was binding by force?
No, Declaration is not binding on the State regardless of whether it was made orally or in writing.
d) Give the reasons for decisions?
• Occupation to be effective, it is necessary to have the intention to establish sovereignty over the
territory concerned, and
• There should be some actual exercise of such authority.
12. The Paquette Habana, Fishing boat and another fishing boat Lola, flying the Spanish flag, and
belonging to Spanish subjects, were captured by United States warships in the Blockade of the North
Coast of Cuba. They were brought before the court for condemnation. Decide.
a) Whether, under customary International Law, fishing boats were exempted from capture? Give
Reasons.
Yes, Fishing Boats were free from capture.
b) Which court has jurisdiction?

The Supreme Court of America.
c) What is the name of the case?
Paquete Habana and the Lola case [175 US (1900) P. 677 at P. 700].
13. Delegates from the German Colony of Southwest Africa went to visit members of the post of Naulilaa
in Angola, South West Africa was German and Naulilaa was Portuguese. They wanted to discuss food
that would be imported, however they used translators to do the conference unable to speak the
language clearly the Portuguese speakers felt threatened, so they filed upon the German Speakers.
Killing two of them so German retaliated by sending troops to attack Naulilaa and other outposts. The
Portuguese people of that region left for safety. The issue went to three Swiss arbiters, and Portugal
relied on a territory it had from 1915. Decide.
a) Were the actions by both sides reasonable?

No, the actions by both the sides was not reasonable.
b) Whether this reprisal was legal?

Reprisal refers to the compulsory means of settling an international dispute. The Tribunal stated that the
right to reprisal is subject to certain restrictions:
i) Reprisals are considered illegal unless they are based on a previous act that contradicts international law.
ii) There must be a specific proportion between the offense and the reprisal for the latter to be considered
legitimate.
iii) Reprisals are only considered legitimate when they have been preceded by an unsuccessful demand for
redress, and the use of force is justified only when it is necessary.
c) What was the name of the case?

Naulilaa Incident Special Tribunal: Germany V. Portugal [(1928) RIAA 1012, 1019].
14. The State of Iraq annexes the neighbouring State of Kuwait. The U.N. Security Council passed a
Resolution directing the State of Iraq to withdraw its forces from the State of Kuwait. When the State
of Iraq refused to comply with the Resolution, the UN Security Council passed a further Resolution
calling upon all the member states to provide support to military action against the State of Iraq.
(i) Are the UN Security Council Resolutions passed under the UN Charter binding on States?
Yes, the UN Security Council Resolutions passed under the UN Charter are binding on the States.
(ii) Does the UN Security Council have power to take military action against the States which do not
comply with its Resolution?
Yes, the UN Security Council has the power to take military action against States that do not comply with
its Resolution.
(iii) Write a Historical Precedent governing the situation.

The situation was governed by the Historical Precedent, which was established with Resolution 687(1991)
of April 3, 1991, Gulf War II (2003). It stated that "if the principle of non-use of force is violated
unjustifiably by the States, the maintenance of international peace and security will be at risk, and the
existence of the United Nations will be called into question."
15. In the District of O.P. in India, many cases of Communal Violence have taken place in the last four
months in which instances of atrocities against members of the minority community have been
reported. Mr. X is one such victim from the minority community, and he has demanded an inquiry into
these cases.
(i) Which Commission can take cognizance of Mr. X's complaint?

The National Commission for Minorities.
(ii) What are the powers concerning Inquiry of the Commission?

The authorities related to the investigation by the commission encompass:
(1) Unfair treatment in employment and job opportunities.

(2) Unfair treatment regarding religious practices and political rights.
(3) Unfair treatment in the right to leave or return to any country.
(4) Unfair treatment of individuals born to unmarried parents.
(5) Fairness in the application of legal processes.
(6) Racial bias in the political, economic, social, and cultural domains.
(iii) Write Constitutional provisions for Protection of Minorities.

The Constitution of India includes provisions to protect the rights of minorities under:
• Article 14: Equality Before Law

• Article 15: Prohibition of discrimination based on religion, race, caste, sex, or place of birth
• Article 29: Safeguarding the interests of minorities.
16. On October 22, 1946, two British worships passing through the strait of corfu were struck with mines
in Albanian territorial waters with the result that H. M. S. Sarmarez sank while H. M. S. volage was
seriously damaged. The Channel was swept by the British Navy on November 12th and 13th, without
obtaining consent of the Albanian authorities. A newly laid field of anchored mines was discovered.
Great Britain alleged that Albania was responsible for the presence of the mines in the channel.
a. What is the name of the case? And which court decided the case?
Name of the Case: The Corfu Channel Case
Court: The International Court of Justice (ICJ)
b. What was the decision?
The ICJ held Albania responsible for the mines in its waters that damaged British ships. The court also
ruled that Britain’s sweeping operation without Albanian consent violated sovereignty. Albania was
ordered to compensate Britain.
17. In the light of recent aggression by Russia on Ukraine. Answer the following
a. What kind of sanctions would the United Nations Security Council impose on Russia in response
to an invasion?
The UNSC can impose economic sanctions (trade restrictions, asset freezes, investment bans),
diplomatic sanctions (severing ties, travel bans), military sanctions (arms embargo, naval blockades),
sectoral sanctions (energy and technology), and humanitarian sanctions (ensuring aid reaches civilians).
b. If Russia occupies parts of Ukraine, what would happen to the rights of aliens in that place?
The rights of aliens in occupied territories would be governed by international humanitarian law,
particularly the Geneva Conventions.
18. "International Law is the name for the body of customary and treaty rules which are considered legally
binding by states in their intercourse with each other".
a. Discuss the Constitutional provisions on treaty-making and its implementation in India.
• In India, the authority to make treaties is with the executive branch, represented by the President, though
in practice it is exercised by the Government or the Council of Ministers.
• Article 73 of the Constitution gives the President executive power over matters Parliament can legislate
on, including entering into treaties and agreements.
• The government can sign treaties, but if a treaty impacts the rights of Indian citizens or changes existing
laws, Parliament must pass a law to implement it domestically.
• Article 253 allows Parliament to make laws needed to put treaties, agreements, or international decisions
into effect in India.
• Legislative powers in India are divided between the central government and the states, as outlined in the
Seventh Schedule of the Constitution.
• Entry 14 of the Union List gives the central government exclusive power to make laws related to treaties
and agreements with other countries and to implement them in India.
b. Discuss the role of the Indian judiciary in the effectuation of international legal obligations.
• The Indian judiciary plays an important role in applying international legal obligations within India’s
legal system.
• Courts interpret domestic laws in a way that aligns with international law, unless there is conflicting
legislation.
• In the Vishaka v. State of Rajasthan (1997) case, the Supreme Court used international conventions to
create guidelines for preventing workplace sexual harassment.
• Indian courts have incorporated treaty provisions into domestic law when there is no conflict, as seen in
the Gramophone Company case (1984).
• The judiciary also aligns Indian law with international human rights norms, like in the Chandrima Das
case (2000), where the Universal Declaration of Human Rights was used.
• The Indian courts recognize customary international law as binding, as long as it doesn’t conflict with
domestic laws.
19. China's expanding international presence has extended into conflict zones and fragile states of strategic
interest to the United States.
a. Discuss Balance of Power and amicable settlement of disputes.
The balance of power is the idea that countries should have equal military and economic strength so that no
single country or group of countries can control others. In international relations, this balance helps prevent
one country from becoming too powerful and causing instability, and it promotes peace by making sure no
one dominates the others.
b. Principle of 'No Use of Force'
The principle of "No Use of Force" means that countries are not allowed to attack or use military power
against each other. This rule, found in the United Nations Charter, says that all countries should respect each
other's borders and independence and should not threaten or harm each other with force. Instead, countries
should solve their problems through peaceful methods like talking, making agreements, or going to court.
This principle aims to keep peace and prevent wars.
20. As a result of disputes between East Pakistan and West Pakistan, a new state emerged by the name
Bangladesh. India was the first state to recognize Bangladesh.
a. If Bangladesh is not recognized by any country of the world, what will be the consequences for
the same? Explain.
If Bangladesh were not recognized by any country, it would face isolation, economic struggles, political
instability, security concerns, and difficulties in receiving international help during crises.
b. Define recognition.
Recognition is when other countries acknowledge an entity as a state, confirming its ability to have a
population, territory, government, and engage in relations with other states.

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PUBLIC INTERNATIONAL LAW ARUNA SOMALARAJU 1

PUBLIC INTERNATIONAL LAW

1) What is the nature, origin and historical development of international law?

Origin of International Law:

Historical Development of International Law:

2) Definitions of International law

3) Is International law a true law?

Aspect International Law Municipal Law

Theory/Doctrine Description Example

6) What is the difference between Nationality and citizenship?

7) Define Dual nationality.

Dual Nationality Single Nationality

8) What is the relationship between International law and Municipal law?

9) Explain the Recognition of states and Governments.

The recognition of states in international law is guided by two main theories:

Declaratory Theory Constitutive Theory

Recognition of governments can take several forms:

Type of Description Example

10) What are the forms of Recognition?

11) Discuss the various sources of International law.

Source Description Example

12) What do you understand by the term Convention?

13) Explain the principle of Jus cogens

• Genocide: Killing or harming groups of people on purpose is not allowed.

14) Explain the principle of Opinio Juris

• Opinio Juris means a belief that a practice is required by law.

15) Write a short note : Optional Clause

1. State Practice: Countries must repeatedly follow a certain practice.

Treaty Law and Customary International Law Relationship:

Nicaragua Case (1986):

20) What is the composition of the International court of justice.

• The International Court of Justice (ICJ) is composed of 15 judges.

1. Explain Territory. Explain modes of acquisition and loss of territory.

Mode Detail Explanation Examples

Mode Explanation Example

2. What are the attributes of a State?

3. Write a short note on : Island of Palmas Case

4. Write a short note on Corfu channel case.

5. Explain State Jurisdiction

7. What is Criminal Jurisdiction and Kinds of Criminal Jurisdiction?

8. What are the Struggles/Conflicts that Emerged in Jurisdiction?

9. What are the Immunities from Jurisdiction?

Type of Explanation Example

10. what is state responsibility? and explain kinds.

Type of Responsibility Explanation Example

11. What is national waters?

13. Write a note on " Dispute settlement under UNCLOS"

Freedoms on the High Seas:

18. What is innocent passage?

19. Write a short note : Passage through International Straits.

20. Explain Maritime zone with examples.

Examples of Maritime Zones:

21. Write a short note on: Contiguous Zone

22. What is continental shelf?

23. What is Exclusive Economic Zone?

24. Discuss about High Seas with relevant examples

25. Discuss provisions of United Nations Convention On Law of the Seas

26. Write about Anglo-Norwegian Fisheries Case

27. Define Ozone Depletion