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PUBLIC
INTERNATIONAL LAW-I

TP LAW SOLVED SERIES

For
LLB
[Bachelor of Legislative Law]
3 Years, First Semester Students of
‘University of Lucknow’

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Public International Law-I

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Syllabus
Paper Code: LL-103
Public International Law-I
Unit I: International Law; Nature & Definition (Lectures 10)
i) Public International Law: Nature & Historical Development, Relationship between
International Law and International Politics.
ii) Definitions of Public International Law.
iii) Sources of Public International Law.
iv) Relationship and difference between Public International Law and Municipal Law
v) Subjects of Public International Law: States, Individuals and international organization.
vi) Sanctions in International Law.
vii) Enforcement of International Law.
viii) Sovereignty in International Law: Historical development and Recent Challenges
(Sovereignty as Responsibility, Subsidiary and the impact of Globalization)

Unit II: Succession, Intervention, Jurisdiction (Lectures 10)

i) Recognition-Definition of State Recognition, Recognition of Government, Theories of
Recognition, Recognition De Jure and De Facto, The Duty to Recognize, Legal Effect
of Recognition, Withdrawal of Recognition, Retroactive effect of Recognition.
ii) States Succession: Definition and Kinds of Succession, Consequences of States
Succession, Succession in respect of International organization.
iii) Intervention: Definition, Grounds of Intervention, Intervention by Invitation, Prohibition
on Intervention, Humanitarian Intervention and Responsibility to Protect (R2P).
iv) Jurisdiction: Meaning, Nature, Difference between sovereignty and jurisdiction.
v) State Responsibility

Unit III: State Territory & Law of Sea (Lectures 10)

i) State Territory: Concepts, Modes of Acquisitions, The Principle of utipossidites
and Self Determination.
ii) Air Space: Various Theories, Aerial Navigation (Five Freedoms of Air), Outer
Space 1967 .
iii) Law of Sea : Historical Development , Grotius’ Mare Liberum and The Concept of
Open Sea and Closed Sea , Territorial Sea, Contiguous Zone , Continental Shelf ,
EEZ , High Seas , Land Locked States , Piracy, ITLOS .

Unit IV: Extradition& International Criminal Law (Lectures 10)

i) Extradition: Definition, Purpose of Extradition, Legal Duty to Extradite Duty,
Extradition of Political offender, Doctrine of Double Criminality , Rule of Specialty.
ii) Diplomatic Agent: Meaning and Functions, Immunities and Privileges, Waiver of
Immunity, Termination of Diplomatic Mission.
iii) Consuls: Meaning, function, privileges and immunities.
iv) Basic Principles of International Criminal Law.

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Contents
Unit I: International Law; Nature & Definition
Public International Law: Nature & Historical Development 5
Sources of Public International Law 9
Relationship Between Public International Law and Municipal 12
Law

Unit II: Succession, Intervention, Jurisdiction

Recognition 16
States Succession 19
Intervention 22
State Responsibility 26

Unit III: State Territory & Law of Sea

State Territory 28
Self-Determination 30
Air Space 31
Law of Sea 34

Unit IV: Extradition & International Criminal Law

Extradition 43
Diplomatic Agents 47
Consuls 49
Basic Principles of International Criminal law 51

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Public International Law-I (Unit-I) 5

International Law; Nature

UNIT-I & Definition

PUBLIC INTERNATIONAL LAW: NATURE

& HISTORICAL DEVELOPMENT
Ques 1) Write short note on origin of international law. (2017)
Ans: International law is not just a result of few treaties of 19th and 20th
centuries but its origin can be traced back to ancient times. Peace treaties
between the Mesopotamian city of Lagash and Umma are considered as
beginning of international law. The concept of governance and international
relations were developed by the Greeks, which laid down the foundation of the
international legal system. The concept 'Jus Gentium' (Law of Nation) was
evolved during the reign of the Roman empire, which defined and governed the
relation between foreigners and Roman citizens and the status of foreigners
living in Rome. Later, development of concept of Natural Law emphasized that
certain rights are inherent to all humans, which helped in widening the scope of
international law.

Just war theory and maritime law were developed throughout the middle ages.
However, the 1648 Peace of Westphalia, which established the idea of state
sovereignty, marked the beginning of the 17th century and the development of
contemporary international law. Hugo Grotius, who is frequently regarded as
the founder of international law, and other legal experts who stressed natural
law and state equality under the law, had a further effect on this century. With
the founding of international organizations like the League of Nations and
eventually the United Nations to promote collaboration and settle disputes, the
19th and 20th centuries saw tremendous developments. A wide range of
treaties, conventions, and customary practices make up international law today,
reflecting the complexity of international relations and the continuous pursuit of
justice and peace among states.

Ques 2) What do you mean by International law? Discuss its nature

and scope in the emerging of global challenges in the fields of
environmental pollution and terrorism. (2017)
Or
Write note on International law. (2018)
Or
Write short notes on the nature of International Law. (2019)
Or
What do you mean by International Law? Is International Law a true
law? Discuss. (2021)
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6 TP Solved Series (LLB 3 Year First Semester) LU
Or
Define „International Law‟. (2023)
Ans: International law is a distinctive part of the general structure of international
relations. In contemplating responses to a particular international situation, states
usually consider relevant international laws. International law is distinct from
international comity, which comprises legally nonbinding practices adopted by
states for reasons of courtesy. In addition, the study of international law, or public
international law, is distinguished from the field of conflict of laws, or private
international law, which is concerned with the rules of municipal law as
international lawyer’s term the domestic law of states of different countries where
foreign elements are involved.
Nature of International Law
1) Sovereignty: Countries are the primary subjects of international law.
They have a high degree of sovereignty. This means that countries are
free to act as they see fit, within the limits of international law.
2) Voluntary Compliance: International law is based on the principle of
voluntary compliance. This means that countries are not legally
obligated to obey international law. They are expected to do so as a
matter of international comity.
3) Lack of Enforcement Mechanism: There is no central enforcement
mechanism for international law. This means that countries are
ultimately responsible for enforcing international law themselves.
4) Dynamic and Evolving: International law is not static; it adapts to
changes in international relations, emerging global issues, and the
development of new norms and practices.
5) Sources of Law: International law derives from various sources,
primarily treaties, customary international law, general principles of
law, and judicial decisions. This diversity reflects the multifaceted
nature of international interactions.
Scope of International Law in Addressing Environmental Pollution and
Terrorism
1) Environmental Pollution: International law plays a key role in addressing
environmental pollution through:
i) Multilateral Environmental Agreements (MEAs): Treaties like
the Paris Agreement on climate change, the Basel Convention on
hazardous waste, and the Convention on Long-Range
Transboundary Air Pollution aim to regulate pollution and
encourage global cooperation in mitigating environmental harm.
ii) Challenges: Enforcement is often weak, and tensions exist between
state sovereignty and global governance. Emerging pollutants like
plastic waste also pose new challenges.
2) Terrorism: International law combats terrorism through global conventions,
UN resolutions, and regional agreements, focusing on criminalizing acts of
terrorism, preventing financing, and fostering international cooperation.
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Public International Law-I (Unit-I) 7
i) International Conventions: Examples include the Convention on the
Suppression of Terrorist Financing (1999) and the International
Convention for the Suppression of Acts of Nuclear Terrorism (2005).
ii) UN Frameworks: UN Security Council Resolution 1373 (2001)
imposes binding obligations on states to prevent terrorism, while
the UN Global Counter-Terrorism Strategy provides a
comprehensive framework for combating terrorism.
3) Intersection of Environmental Pollution and Terrorism:
i) Environmental Terrorism: Acts like the use of CBRN (Chemical,
Biological, Radiological, Nuclear) weapons can be seen as acts of
terrorism aimed at environmental destruction.
ii) Eco-terrorism: Some groups resort to targeting environmental
projects or industries in protest, raising legal and ethical concerns.
iii) Terrorist Attacks on Infrastructure: Attacks on environmental
infrastructure, like oil pipelines or chemical plants, can result in
significant environmental pollution.
Some Key Points to Consider International Law is a True Law
1) Nature of International Law: Unlike domestic law, which is enforced
by a centralized authority (like a government), international law relies
on the consent of states and often lacks a formal enforcement
mechanism. This raises questions about its binding nature.
2) Sources and Authority: International law derives from treaties,
customary practices, general principles of law, and judicial decisions.
While these sources are recognized by states, their application can vary,
leading to inconsistencies in enforcement.
3) Legal Pluralism: Some argue that international law operates within a
pluralistic framework where multiple legal systems coexist. This suggests
that while international law may not be "true law" in the same sense as
national law, it still plays a vital role in regulating relations between states.
4) Moral and Ethical Dimensions: Many view international law as a
mechanism for promoting justice, human rights, and peace. This ethical
dimension can lend it a sense of legitimacy, even if it lacks the same
enforcement power as domestic laws.
5) Enforcement Challenges: The effectiveness of international law often
hinges on state compliance and cooperation. The lack of a global
enforcement body can undermine its authority, making it less “true” in
a traditional legal sense.
Ques 3) Write short note on role of positive morality in making
international law. (2017)
Or
What is the view of Austin of International law? (2018)
Or
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8 TP Solved Series (LLB 3 Year First Semester) LU
“According to Austin, the International Law is not true law, but it is a
positive International morality.” Comment. (2019)
Ans: John Austin’s characterization of international law as “positive
international morality” reflects his belief that law, in its true sense, must
emanate from a sovereign authority capable of enforcing its commands. In his
view, international law did not meet this criterion due to the absence of a
central sovereign with coercive power to enforce norms. Without such
enforcement, international law, in Austin’s framework, was not truly law but
rather a set of moral guidelines, binding only to the extent that states consented
to them voluntarily. Compliance, therefore, depended largely on mechanisms
like “naming and shaming,” where states risked reputational harm rather than
facing direct legal sanctions.
However, the conception of international law has evolved significantly since
Austin's time. The notion of sovereignty, once defined by absolute non-
interference in domestic affairs, has been gradually replaced by a more
interconnected understanding of state relations in a globalized world. Modern
international law now requires states to harmonize their domestic legal
frameworks with international norms, making compliance not just a moral
choice but a legal obligation. The emergence of international institutions,
treaties, and mechanisms for enforcement has reinforced the binding nature of
international law. States that violate international obligations now face not only
reputational damage but also potential legal consequences, as international law
increasingly functions with enforceable authority. This shift is evident in the
growing role of international treaties and the incorporation of international
standards into national legal systems. Countries, including India, are no longer
merely contributors to international law but active participants in a reciprocal
legal framework, where they both shape and are bound by global norms. This
transition marks the move from a system of voluntary compliance to one where
international law plays a critical role in regulating state behavior, reflecting the
interdependence of states in a globalized context.
Ques 4) “International law is vanishing point of jurisprudence.”
Whose opinion was this and what is the reason thereof? (2018)
Or
“International Law is the vanishing point of jurisprudence.” (2023)
Ans: According to Holland, International law is the vanishing point of
jurisprudence. Holland used the words “vanishing point” in relation to
international law and jurisprudence, to clarify that international law and
jurisprudence are parallel to each other. Jurisprudence and international law are
completely different and separated from each other, but they may seem same at
the vanishing point. Now, one needs to know what a vanishing point is.
Vanishing point is the meeting point or the point of intersection of two parallel
lines. The parallel lines should be on the same plain. Law theorists say that
international law cannot be kept in the category of law mainly because it is not
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Public International Law-I (Unit-I) 9
enforced by a sovereign authority. No sanction exists for this kind of law. So
the rules of international law can be violated easily without any punishment or
legal actions. So, on the basis of these controversies, as an analytical jurist,
Holland remarks that international law is the vanishing point of jurisprudence.
He has clarified his Premark with suitable reasons.
Holland strongly believes that international law can indeed be described as law
only by courtesy. It cannot be described on legal terms as the rights can be easily
violated and the concerns of international law is not always taken into account
and also cannot be implemented worldwide. It is also said that Holland’s view
on international law may be was correct in the past but at present the same is
subjected to severe criticism as character of International law has changed a
great deal in recent times due to the obligation of nations to oblige many social,
environmental and humanitarian characteristics of international law. We can say
that international Law as the vanishing point of jurisprudence, since it lacks any
arbiter of disputed questions nor it saves any public opinion. It goes beyond the
disputant parties and in such proportion that it often becomes assimilated to true
law by the aggregation of States in a large society, it ceases to be itself, and is
transformed into the public law of a Federal government.
There are violations of principles of International Law often by stronger
nations of the world. The international legislative machinery is not so efficient
as a State legislative machinery. In the strict sense, International Law has no
legislature and no executive. Its judiciary as represented by the International
Court of compelling jurisdiction; its decisions are not conclusive so as to
finally settle legal disputes between States. International Law is not the
product of an international legislature, it being the collection of usages which
the civilized states have agreed to observe in their dealings with one another.
According to Paton, International Law is very weak on the institutional side
there is no legislature, and, while a Court exists, it can act only with the
consent of the parties and has no real power to enforce its decisions. It is true
that the international law of peace is seldom broken, but once grave issues
arise we see flagrant disregard of accepted rules. The public opinion of the
world may be a factor not lightly to be ignored, but it is harder to deal with a
nation that is a law-breaker than to expel a primitive man from his
community hence while primitive and International Law both lack
institutional machinery, the sanctions of the former are really more effective
since they are brought to bear on the individual and not on the nation”.

SOURCES OF PUBLIC INTERNATIONAL LAW

Ques 5) Discuss the sources of International Law under Article 38 of
the Statute of the International Court of Justice. (2019, 2023)
Or
Write short note on Treaty as a source of International Law. (2017)
Or
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10 TP Solved Series (LLB 3 Year First Semester) LU
Discuss custom as source of International Law. (2017, 2021)
Ans: The principles sources of international law are enumerated in Article
38 of the Statute of the International Court of Justice are:
1) Treaties: The term “treaty” encompasses various types of international
agreements, such as conventions, pacts, charters, and protocols. A
treaty is defined as a written international agreement between states
governed by international law. The Vienna Convention on the Law of
Treaties specifies that treaties can be contained in one or more
instruments. According to Article 38 of the ICJ Statute, treaties are
classified as either general (law-making) or particular (treaty-
contracts). General treaties are intended for universal application and
serve as a primary source of international law. In contrast, particular
treaties are limited to the parties involved and do not create new rules
of public international law unless widely accepted by states. Since the
mid-19th century, there has been significant growth in law-making
treaties, prompted by the limitations of customary law in addressing
evolving international needs. These treaties cover a wide range of
issues within the international community, with notable examples
including the UN Charter, the Geneva Conventions, and the
Convention on the Law of the Sea. Unlike customary law, treaties
provide a more modern and efficient means of establishing
international legal norms, and their importance in shaping international
law continues to increase. Today, law-making treaties are regarded as
the most crucial primary source of public international law.
2) Customs: The original and the oldest sources Law is known as
Custom. The rules of customary International Law involved a long
historical process which gained recognition by the entire community.
The presence of customary rules can be deduced from state practice and
behaviour because it is not a written source of law. A rule of customary
law is said to have two elements:
i) First, there must be widespread and consistent State practice.
ii) Secondly, there has to be “opinio Juris”, a Latin term which means
a legal obligation to believe in the existence of such law.
A custom is a continuing course of conduct which may by the
acquiescence or express approval of the community observing it, has come
to be regarded as fixing the norm of conduct for members of society. When
people find any act to be good and beneficial, apt and agreeable to their
nature and disposition, they use and practice it from time to time, and 3 it is
by frequent use and multiplication of this act that the custom is made.
Custom is a rule of conduct which is spontaneously observed by the
society as a tradition, habit and usage, but not in pursuance of law.
The chief characteristic of the custom is that, it is a generally observed
course of conduct. The best illustration of the formation of such habitual
course of action is the mode in which a path is formed across a common.
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Public International Law-I (Unit-I) 11
One man crosses the common, in the direction which is suggested either by
the purpose he has in view, or by mere accident. If other follow in the same
track, which they are likely to do after it has once been trodden, a path is
made. Custom may be considered as a fact and as a law. As a fact, it is
simply the frequent and free repetition of acts concerning the same thing;
as a law, it is the result and consequence of that fact.
3) General Principles of Law Recognised by Civilized Nations: It serve as
a source of international law, as acknowledged by the International Court
of Justice (ICJ). These principles are intended to reflect fundamental legal
concepts that are common across various domestic legal systems.
The interpretation of “general principles of law” can vary:
i) Common Ground Approach: One view suggests that the ICJ
should identify principles shared by legal systems worldwide and
apply them in its rulings. This involves finding common legal
ground among different jurisdictions.
ii) Selective Use of Domestic Law: Another perspective argues that
the ICJ should selectively employ domestic legal principles and
methodologies when relevant, aiming to develop a cohesive
international judicial approach.
4) Judicial Decisions and the Teachings of Highly Qualified
Publicists: These serve as subsidiary means for determining rules of
international law, especially when primary sources (treaties, customs,
and general principles) are insufficient.
i) Judicial Decisions: ICJ rulings are binding only on the parties
involved but often reference previous decisions for consistency and
to develop legal principles.
ii) Influence of Other Courts: Decisions from other international
bodies and regional courts provide context and interpretation of
international law.
iii) Domestic Courts: National judicial decisions can help shape
customary international law by interpreting international norms.
iv) Role of Juristic Works: Scholars and publicists contribute to
international law through their writings, historically influencing its
development.
Ques 6) Write note on kind of Treaties. (2019)
Ans: The different kinds of treaties are:
1) Law Making Treaties: Law-making treaties in international law are
agreements between states that establish binding legal norms and
principles. These treaties aim to create rules that govern specific areas
of international relations and conduct. Prominent examples include the
United Nations Charter, the Vienna Convention on the Law of Treaties,
and various human rights treaties like the International Covenant on
Civil and Political Rights (ICCPR).
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12 TP Solved Series (LLB 3 Year First Semester) LU
2) Contractual Treaties: These are treaties where parties are mutually
dependent on each other for specific treatment to gain benefits, and have
rights and obligations towards each other. Common examples include
treaties related to trade agreements, defense pacts, treaties of friendship, or
agreements concerning specific projects (like infrastructure development).
3) Bilateral Treaties: When only two states are involved in a treaty
agreement with the legal instrument of written law, are called bilateral
treaties. For example, India signed Bilateral Investment treaties (BIT)
with the United Kingdom in 1994 to promote financially viable
activities between the states.
4) Multilateral Treaties: When three or more three states are involved in
a treaty agreement through legal instruments, it is called multilateral
treaties such as UNCLOS (united nation convention on the law of sea,
1982), related to the sea territories, and Kyoto Protocol 2005,
associated with the reduction of Green-House gases.

Ques 7) What is the role of customs in making international law? (2018)

Ans: The role of customs in making international law includes:
1) Uniform and General: State practice to give rise to binding rules of
customary International Law that practice must be uniform, consistent
and general and must be coupled with a belief that the practice is
obligatory rather than habitual. In the Asylum Case, the court declared
that a customary rule must be used constantly and uniformly
throughout history which can be traced through state practice.
2) Duration: Continuous and regular use of particular conduct is
considered as a rule of customary law. In the North Sea Continental
Shelf cases, the ICJ stated that there is no precise length of time during
which the practice must exist. It is simply that it must be followed long
enough to show that other requirements of custom are satisfactory.
3) An opinion of Law: To assume the status of customary international
law the rule in question must be regarded by the state as binding in Law
i.e. the states must regard themselves as being under a legal obligation
to follow the practice. In the Lotus case, opinio Juris was seen as an
essential element of customary international law and this was affirmed
in North Sea Continental Shelf Cases as well.

RELATIONSHIP BETWEEN PUBLIC

INTERNATIONAL LAW AND MUNICIPAL LAW
Ques 8) Explain the relationship between International Law and
Municipal Law. (2019)
Or
Elaborate the relationship between Public International Law and
Municipal Law. (2021)
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Public International Law-I (Unit-I) 13
Or
Discuss various theories regarding relation between International Law
and Municipal Law. (2023)
Ans: Theories/Relationship Between International Law & Municipal Law
1) Dualism: Dualism is a theory that considers local or municipal law and
international law as two different branches of law. According to this
theory, as per their sources, principles, and subjects, these two laws
must act independently. It stresses the rules that international and
municipal law exists in two different scenarios, and therefore they do
not overrule each other. According to the dualism theory, any
international law cannot affect an individual from the state until it has
been transformed into a state or domestic law. The transformation of
such laws is the crucial doctrine of dualist theory.
2) Monism: As the name suggests, the monist approach considers laws as
a single entity, and they are against the idea of separating these two
branches as international and municipal laws. The monist theory is
based on the Kantian philosophy of law which follows the unitary
conception for laws. It says that the laws are derived from one single
source, and any local or domestic law contradictory to international law
is invalid. It does not believe in the claim of dualism that there is a need
to transform international law into municipal law. The example for this
claim is that if a state has ratified the international law of human rights,
and any municipal law violates an individual’s freedom, that person can
claim that the municipal law violates the international law. So, in this
case, the municipal law will be considered invalid, and international
law prevails. This theory always considers international law superior to
municipal laws, and if any conflict arises between these two laws,
international law will prevail.
3) Specific Adoption Theory: This theory is related to the dualist theory.
It claims that international laws can only be applied in domestic laws
when adopted explicitly by domestic laws. There is a requirement for
the transformation of international law into municipal law.
4) Delegation Theory: This theory explains that there are constitutional
provisions in international laws, which claims that it is on the state to
decide which international law must be applied to the internal matters
of the state or individual and in which condition. So, here the power is
in the state to decide which international law is applicable in its
municipal law. There is no superiority concept in this theory.
5) Harmonisation Theory: It is a separate approach from the dualist and
monist approach. It was formulated by Rousseau and Fitzmaurice, who
tried to explain that each law is supreme in its sphere. The dualist and
monist theory does not successfully define the relationship between
international and municipal laws as to which law is superior to others.
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14 TP Solved Series (LLB 3 Year First Semester) LU
Harmonisation theory explains that if there is any conflict between
municipal and international laws, domestic laws will be applicable in
the domestic sphere and separate the state’s obligations to the
international laws. It suggests that the courts must try to minimise the
differences between these two laws through the harmonisation process,
ultimately leading to equivalent positions for both these laws.
Ques 9) What is difference between Monism and Dualism? Discuss it.
(2018)
Ans: Difference Between Monism and Dualism
Aspect Monism Dualism
Concept International and domestic law International law and domestic
are part of a single unified law are separate and operate
system. independently.
Incorporation International law automatically International law requires domestic
becomes part of domestic law. legislation to be incorporated into
the legal system.
Supremacy International law has Domestic law is supreme;
supremacy over domestic law. international law needs to be
implemented domestically.
Adoption of Treaties are automatically Treaties require national
Treaties effective without further legislation or approval to become
legislative action. effective domestically.

Ques 10) Write note on Legal Monism. (2022)

Ans: Legal “monism” asserts that there is one unified legal system, where
all legal norms from different communities exist within a single framework,
independent of local jurisdictions or cultures. It treats international and
domestic law as part of the same system. In contrast, “legal pluralism”
recognizes the coexistence of multiple, distinct legal systems shaped by
different cultures and communities. It acknowledges that various legal
norms can overlap or conflict, especially in areas like conflict of laws,
where different jurisdictions may claim authority over a matter. Thus, while
monism supports a singular legal order, pluralism embraces the reality of
diverse and sometimes conflicting legal systems.
Ques 11) What is sovereignty of states? How has it been decaying as the
influence of international law expands day by day? Evaluate it. (2018)
Ans: Sovereignty refers to the supreme authority of a state to govern itself,
control its territory, make laws, and manage its internal and external affairs
without external interference. It is a fundamental principle of international
law and is traditionally viewed as the core of a state's independence and
autonomy. Sovereignty means that states have the right to:
1) Control their borders and regulate who enters or exits.
2) Make and enforce laws without interference from other states.
3) Decide their own political, economic, and social systems.
4) Engage in foreign relations and make treaties with other states.
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Public International Law-I (Unit-I) 15
Sovereignty has traditionally been viewed as absolute in the sense that
states are not subject to higher authority, except in cases where they
voluntarily agree to limit their own sovereignty through international
agreements. The influence of international law has gradually eroded state
sovereignty in several ways:
1) Binding International Treaties: States are increasingly bound by
international agreements (e.g., human rights, trade, and environmental
treaties), which limit their ability to act unilaterally.
2) International Organizations: Institutions like the United Nations, the
International Criminal Court (ICC), and the World Trade Organization
(WTO) impose regulations and oversee compliance, sometimes curbing
state discretion.
3) Human Rights Law: International human rights norms require states
to uphold certain standards, limiting their ability to govern without
external scrutiny or intervention, particularly in areas like individual
freedoms and protections.
4) Globalization: Economic, environmental, and technological
interconnectedness often necessitates states to align their policies with
international norms, further reducing their freedom of action.

Ques 12) Write note on Westphalian Sovereignty. (2022)

Ans: In international law, the concept of Westphalian sovereignty,
sometimes known as state sovereignty, refers to the premise that each state
possesses exclusive sovereignty over the territory that it controls. The
principle is enshrined in the United Nations Charter, which states that
“nothing… shall authorise the United Nations to intervene in matters which
are essentially within the domestic jurisdiction of any state.”
This principle is the foundation of the modern international system of
sovereign states and is also enshrined in the United Nations Charter. The
concept maintains that every state, regardless of its size, possesses an equal
claim to the freedom to exercise sovereignty. According to political
scientists, the idea dates back to the Peace of Westphalia (1648), which put
an end to both the Thirty Years’ War (1618–1648) and the Eighty Years’
War (1568–1648).

The idea that one should stay out of other people’s business was refined
during the 18th century. The Westphalian system reached its zenith in the
19th and 20th centuries, but in more recent times,it has come up against
opposition from proponents of humanitarian intervention.

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16 TP Solved Series (LLB 3 Year First Semester) LU

Succession, Intervention,
UNIT-II Jurisdiction

RECOGNITION
Ques 1) Define „recognition‟ of states. What are its theories and what is
its legal effect on the states? Or (2018)
Explain the statement that “Recognition is the combination of
constitutive and declaratory theories only. (2023)
Or
Write short note on Legal effect of recognition. (2019)
Or
Define recognition of states. Discuss the de facto and de Jures
recognition with the help of decident cases. (2019)
Or
What is Recognition? Explain. Discuss the kinds and legal effects of
Recognition. (2021)
Ans: Recognition of a State has been defined as „the free act by which one more
States acknowledge the existence on a definite territory of a human society,
politically organised, independent of any other existing State, and capable of
observing the obligations of international law, and by which they manifest
therefore their intention to consider it a member of the international community,.
According to Prof. L. Oppenheim, “In recognising a State as member of
international community, the existing States declare that in their opinion the
new State fulfils the conditions of statehood as required by international law”.
The Institute of International Law has defined the term 'recognition in the
following words: it is “….. free act by which one or more States acknowledge
the existence of a definite territory of human society politically organized
independent of any other existing States and capable of observing obligations
of international law by which they manifest through their intention to consider
it a member of international community.”
Theories of Recognition
1) Consecutive Theory: According to this theory, recognition clothes the
recognised State with rights and duties under International law.
Recognition is a process through which a political community acquires
international personality by becoming a member of family of nations.
In other words, the political act of recognition is precondition of the
existence of legal rights. This means that the very personality of a State
depends on the political decision of other States. Hegel, Anzilloti,
Oppenheim, etc. are the chief exponents of constitutive theory. In the
words of Professor Oppenheim, “A State is, and becomes, an
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international person, though, recognition only and exclusively.” *
Public International Law-I (Unit-II) 17
“According to the Constitutive theory, statehood and participation in the
international legal order are attained by political group only in so far as they
are recognised by established State.” Holland also supports the Constitutive
theory. In his view, recognition confers maturity upon State and until and
unless a State is recognised, it cannot acquire rights under international law.
In the view of Judge Lauterpacht, Constitutive theory is in accordance with
the practices of the State and is based on sound legal principles.
2) Declaratory Theory: According to this theory, statehood or the
authority of the new government exists as such prior to and
independently of recognition. Recognition is merely a formal
acknowledgment through which established facts are accepted. The act
of recognition is merely declaratory of an existing fact that a particular
State or government possesses the essential attributes as required under
international law. The chief exponents of this theory are Hall, Wagner,
Brierly, Pitt Corbett and Fisher.
According to Prof. Hall, a State enters into the family of nations as of
right when it has acquired the essential attributes of statehood. Pitt Corbett
has expressed the view that existence of a State is a matter of fact. In his
words, “So long as a political community possesses in fact the requisites of
statehood, formal recognition would not appear to be a condition precedent
to acquisition of the ordinary rights and obligations incident thereto.”
Brierly has also remarked, “the granting of recognition to a new State is
not a 'Constitutive but a Declaratory act. A State may exist without being
recognized and if it exists in fact, then whether or not, it has been formally
recognised by other States it has a right to be treated by them as a State.
The Soviet view and practice are also in favour of the declaratory theory of
recognition. According to the Soviet view, birth of a State is the act of
internal law rather than that of international law. In modern times
international personality does not depend upon recognition.
Legal Effects of Recognition
1) Recognised State becomes entitled to sue in the courts of the
recognising State.
2) Recognised State is entitled to sovereign immunity for itself as well as
its property in the courts of recognising State.
3) Recognised State is entitled succession and possession of property
situated in the territory of the recognising State.
4) Recognised State may enter into diplomatic and treaty relationships
with the recognising State (de jure recognition).
5) Recognising State gives effect to past legislative and executive acts of
recognised State (retroactivity of recognition).
Kinds of Recognition
1) De Facto Recognition: Special cases arise where a legitimate
government loses all or part of its power over the State and even flees
abroad, becoming a government in exile, and this control is being
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18 TP Solved Series (LLB 3 Year First Semester) LU
exercised on the ground by a new, different government. It is called the
De facto government. If a state maintains normal diplomatic relations
with a new government, this is merely a declaration that the new
government is effective but not that it is legitimate. One doctrine holds
that a government that has come to power by coup d‟état or revolution
should not be recognised or regarded as legitimate until it has received
democratic confirmation.
2) De Jure Recognition: When a regime changes by revolt, the legitimate
government loses all its power. Even though in practice, the former
government sometimes continues to be recognised as the legitimate
government (the de jure government), even if it has lost effective control of
the State – at least temporarily. Change of regime can happen in 2 ways:
i) Normal course ( constitutional way)
ii) Coup d‟ eat‟ (revolt or revolution)
Cases of de facto and de jure recognition
1) One of the case of de facto and de jure recognition is the recognition of
the Soviet Union was established in 1917. It was de facto recognised by
the government of UK in 1921 but it was not given de jure recognition
until 1924.
2) Bangladesh was established in March 1971. India and Bhutan
recognised it just after 9 months of establishment but the United States
gave it legal recognition after nearly 1 year in April 1972.
The statement that “recognition is the combination of constitutive and
declaratory theories only” simplifies a complex area of international law
and political theory.

Ques 2) Write short note on conditional recognition. (2017)

Ans: Conditional Recognition

The recognition of state with which certain conditions are attached in
order to obtain its status as a sovereign state is conditional recognition.
The condition attached varies from state to state such as religious
freedom, the rule of law, democracy, human rights etc. The recognition
of any state is already associated with the essential conditions to be
fulfilled for the status of a sovereign state but when addition condition is
attached it is conditional recognition.

Criticism
Many jurists criticise conditional recognition. The conditional recognition
is criticised on the ground that recognition is a legal procedure, and no
additional conditions should be attached with it other than the conditions
recognised by law. Another reason for criticism is that the recognised state
if it does not fulfill the condition attached for its recognition, recognition is
not extinguished and it should still be valid.
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Public International Law-I (Unit-II) 19

STATES SUCCESSION
Ques 3) What do you mean by state succession and its kinds? Discuss
the consequences of the state succession in brief. (2017)
Or
Write short note on Kinds of state succession. (2018)
Or
What is state succession? Explain the kinds of succession and the
consequences of state succession. (2021)
Ans: State succession refers to the merging of two or more States. It is
different from government succession in the sense that in government
succession there‟s a change of government whereas in State succession the
State loses control over its partial or whole territory.
Article 2(1) (b) of the Vienna Convention on the succession of States in
respect of treaties in 1978 defines the term State succession as „the
replacement of one State by another in the responsibility for the
international relations of territory‟.
Kinds of State Succession
1) Universal Succession: Universal Succession, where personality of parent
state is completely vanishes and succeeded by the new state. It can happen
in the case of subjugation, annexation or voluntary merger. Annexation of
Austria by Germany in 1938 is example is this type of succession.
2) Partial Succession: Partial Succession, where a certain part of territory
is separated or severed from the parent state. This takes place
either by cession or succession. Creation for Czech Republic and
Slovak Republic from Czechoslovakia is the example of this secession
Consequences of State Succession
1) Effect of State Succession on Treaties: The effect of change of
sovereignty in relation to treaties has always been a matter of
controversy because of its different varieties and of different
circumstances under which they are concluded. No single answer could
possibly be given to all the categories of treaties. The effects of
succession of states on different kinds of treaties are as follows:
i) Personal Treaties or Political Treaties: Treaties which are
concluded due to the personal influence of the contracting parties
such as those relating to peace, alliance, mutual assistance and
friendship, guarantee and of pacific settlement are not binding on
the successor states. The successor state generally continues all
those treaties which conform to its interests and suits to it in the
changes circumstances. It is discretion of the new state to follow or
not to follow, they can follow or modify or adopt new law.
ii) Commercial Treaties: These are also not binding; it is the
discretion of the new state.
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iii) Administrative Treaties: Administrative treaties such as judicial
assistance, avoidance of double taxation and extradition treaties do
contain political elements, but they are different from political
treaties in strict sense. It also depends upon the discretion of the
new state. It is desirable in order to have effective international
judicial administrative system and in order to suppress crime that
such treaties are continued by successor state.
iv) Dispositive Treaties (Real/ Localised Treaties): Dispositive
treaties are treaties which create a vested interest. Such treaties
create rights which are of permanent nature and are independent of
the personality of the state exercising sovereignty. Difference
between personal and real treaty is that former is in nature of a
contract, the latter is in nature of conveyance.
2) Effect of State Succession on Tortious Liability: Under International law,
in case of tortious liability, the successor state is not liable for liquidated
damages for the torts of the predecessor states. If the amount of claim has
become liquidated by agreement of the parties or through a judgment or
decision of tribunal, then in the absence of any suggestion of injustice or
unreasonableness, the successor state may be bound to settle the amount.
3) Effect of State Succession on Contractual Liability: The principle is
that all acquired rights will pass to the successor state. West Rand
Central Gold Mining Company v. King: A company was engaged in
the operation of gold mining. Company entered into a contract with the
government of South Africa for mining. Before the date of performance
by either party South Africa was annexed by UK. Company filed a suit
against the UK king claiming performance by UK. The question came
up whether UK was bound to follow company established by South
Africa i.e. predecessor? Court held that since there was no acquired
right UK was not bound to follow the contractual obligation.
4) Effect of State Succession on Concessionary Contracts:
Concessionary contracts are contracts in the nature of license or grant.
The principle is that liabilities do not pass to the successor at any point.
5) Effect of State Succession on State Property: Sate property can be
classified into movable and immovable property. Everything which can be
served from earth is known as movable property. With respect to
immovable property there is no dispute. Wherever the property is situated
that country will have the possession. In case of movable property,
generally the states involved in state succession agree through agreement
and if there is no agreement then there would be equitable distribution.
6) Effect of State Succession on State Archives: State archives are those
documents which are in the possession of state. In case of state
succession all the state archives connected with respective territory will
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go to that territory. In case the state archive is relevant to both *
Public International Law-I (Unit-II) 21
predecessor and successor state then both states will get a copy of the
same. In case the state archive is not relevant to either successor or
predecessor then there is equitable distribution to both the states.
7) Effect of State Succession on Public Debts: There are no clear rules
on this point. Normally no state considers itself bound by the debts of
the predecessor state. But where the successor state accepts the benefits
of predecessor state, it should also accept the burden. The Vienna
Convention of 1983 deals with the state debts and Article 36 lay down
a general rule that a succession of state does not as such affect the right
and obligations of creditors. Where the successor state is newly
independent state, no state debt shall pass by agreement (article 38). In
case it is not traceable how the public debt has been utilised then it is
equitably distributed between successor and predecessor.
Ques 4) “State succession is a part of jurisdiction of international
Law.” Explain the statement and discuss the obligations of the
succeeding state. (2023)
Ans: The statement “State succession is a part of the jurisdiction of
international law” highlights the legal principles governing the transition of
rights and obligations when a state undergoes changes in its status, such as
through the formation of a new state, the disintegration of an existing state,
or the unification of states.
Succession is merger or absorption of one state by another state or states. The
state succession is distinguished from gout succession. When succession take
place than a state loses fully or a part of it‟s territory; while in government has
been changed. A succession of international person (generally states) occurs
when one or more international person take place of another international
person take place of another international person fully or partly and all the right
and liabilities also transfer during the succession.
Right and Duties Arising Out State Succession
1) Political Right and duties: No succession takes place in respect of
political duties and rights. Hence the succeeding state is not bound by
the political treaties of the former state. State is not bound by the
treaties of place or neutrality entered by the extinct state.
2) Local Right and Duties: When any succession take place local right
and duties. i.e. right relating to land, rivers, roads, railways etc. Also
succeed from extinct (predecessor) state to succeeding state. Permanent
court of International Justice held that private rights do not end by the
changes of sovereignty.
3) Fiscal Property Debts: when one or more international person (state)
take place of another person is called state succession; in state
succession fiscal property debts also transferred from extinct state to
successor state.
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22 TP Solved Series (LLB 3 Year First Semester) LU
4) Contracts: Predecessor state entered into contract, now whether the
successor state is bound by that or not. West Rand century Gold
Mining Co. Ltd v. King, it was held that succeeding state was entitled
to decide whether it will accept the financial obligation of former state
or not if it won‟t accept then it won‟t be liable.
5) Concessionary Contracts: If the existing state has granted certain
concession like the right to operate oil mines; laying of railways etc.
then such contract will be binding on succeeding state, because they are
local nature. But some of the writers/ Jurists say that the concessionary
contracts are not binding on succeeding state.
6) Lows: Succeeding state will have to decide whether the law have to
decide whether the will be continue or not.
7) Unliquidated Damages for Tort: Compensation (damages) for
unliquidated damages won‟t exist in state succession.
8) Nationality: National of new state is gained and nationality of the
predecessor state is lost.
9) Succession to Property in Foreign state: Successor state will not only
receive the property situated within the territory but also receive the property
exist in outside the territory which was belonging to predecessor state.
10) Succession of state Archives: If no agreement was concluded in the
case of cession the successor state; the successor state should receive
the part of the archives necessary for an efficient administration of the
acquired territory and all other document.
11) Treaty Relations: Art 15 of Vienna convention” treaties of the
predecessor state are to be territory

INTERVENTION
Ques 5) What is ‘intervention’? What are the grounds of intervention? Is
terrorist activity of Pakistan on Indian soil be a kind of intervention? (2018)
Or
Write notes on the grounds of intervention. (2019)
Or
Define meaning of the word “Intervention”. What are the kinds and
grounds of Intervention under Public International Law? (2021)
Ans: Intervention is dictatorial interference by a state in the affairs of
another state for the purpose of maintaining or altering the actual condition
of things. The intervention prohibited by international law is actually
defined as dictatorial interference by a state in the affairs of another state. A
Dictatorial interference is interference by the threat or use of force; it is
evident that general International Law does not prohibit intervention under
all circumstances: forcible interference in the sphere of interest of another
State is permitted as a reaction against a violation of International law.
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Public International Law-I (Unit-II) 23
Grounds of Intervention
1) Self-Preservation: The Supreme interest of the State overrides the law.
The right of self-preservation is more sacred than the duty of respecting the
independence of other State. A state has right to interfere in the affairs of
another State where the security and immediate interests of the former are
compromised. Interventions, therefore, in order to ward off imminent
danger to the intervening State are justified by the force of Circumstances.
The danger must be direct and immediate, not contingent and remote.
2) Enforcement of Treaty Rights: A State is justified in interfering in the
affairs of another State if the provisions of any treaty oblige the former
to preserve the independence or neutrality of the latter. Such
intervention does not violate any right of independence because the
State that suffers has conceded such liberty of interference by treaty.
3) Grounds of Humanity: Another justification is based on the ground of
humanity. Lawrence observes that in the opinion of many writers such
interventions are legal, but they cannot be brought within the ordinary
rules of International Law, which does not impose on States the
obligation of preventing barbarity on the part of their neighbours.
4) Balance of Power: The Doctrine of the necessity of a balance of
power, observes Fenwick, between the leading States as the basis of
mutual self-protection, dominated the international relations of the
nineteenth century. Most of the interventions in the Balkan Peninsula
should be regarded as interventions in consonance with the policy of
balance of power. Intervention on the ground of prevention of the
balance of prevention has been condemned by jurists of all ages.
5) Protection of Persons and Property: Protection of the persons,
Property and interest of its nationals may provide justification for
intervention. The necessity for protection may arise due to gross
injustice or due to injury caused by unfair discrimination.
6) Intervention in Civil Wars: With the establishment of the United
Nations, there is no justification for intervention by the Individual
States in the civil wars of other states. The Charter of United Nations
imposes an obligation upon States to refrain in the international
relations from the threat or use of force against the territorial integrity
or political independence of any State.
7) Collective Intervention: Collective intervention at the present time is
in pursuance of the provisions of the Charter of the United Nations, viz
the enforcement action under the authority of the United Nations
Security Council in accordance with Chapter VII of the Charter.
8) Other Grounds:
i) If the State subject of the intervention has been guilty of a gross
breach of International Law in regard to the intervening State, for
example -If it has itself unlawfully intervened.
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24 TP Solved Series (LLB 3 Year First Semester) LU
ii) Self Defence, if intervention is necessary to meet a danger of an
actual armed attack.
iii) In the affairs of a protectorate under its dominion;
iv) To protect the rights and interests and the personal safety of its
citizens abroad;
Kinds of Intervention
1) Internal: It is the interference by one state between the disputing
sections of the community in another State either for protection of
legitimate Government or the insurgent. In the year 1936 number of
States intervened in the civil war of Spain.
2) External: It is the intervention by one state in the relations ---
generally of the hostile relations--- of other States. It is, in other words,
an intervention in the Foreign Affairs of another State, such
intervention being directed against hostile relations of such State. This
kind of intervention is tantamount to the declaration of War. The entry
of Italy in the Second World War siding with Germany against Great
Britain provided an example of external intervention.
3) Punitive: It is a punitive measure falling short of War and is in the nature of
a reprisal for an injury suffered at the hands of another State. It is frequently
carried out by stronger Nations towards weaker nations. A Pacific blocked
to compel the observance of Treaty engagements or to redress some breach
of the law of affords an illustration of this type of intervention.
Is terrorist activity of Pakistan on Indian soil be a kind of intervention
Yes, the terrorist attacks on Indian soil that come from Pakistan may be
viewed as a kind of covert and indirect intervention. The term
"intervention" in international relations describes acts, frequently in a
disruptive or aggressive manner, by a state or non-state entity that impact
the sovereignty or territorial integrity of another state.
When Pakistan, or elements within its state apparatus, supports, trains, or
finances terrorist groups to carry out attacks in India, it constitutes a type of
“proxy warfare”. This external interference undermines India's sovereignty,
destabilizes the region, and threatens its peace and security.
Ques 6) Write short note on intervention by Invitation. (2019)
Ans: Intervention by invitation refers to military assistance provided by one
state to another at the request of the latter's government, typically in
response to internal armed conflict. It involves foreign troops aiding a
government in combating non-state actors like insurgents or militias. While
respecting state sovereignty, such interventions raise legal concerns,
particularly regarding compliance with international law, the UN Charter,
and the principles of sovereignty. These interventions can complicate
international relations, especially when the legitimacy of the government is
questioned. Though grounded in sovereignty, the practice presents legal and
ethical challenges, balancing state autonomy with global security needs.
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Public International Law-I (Unit-II) 25
Ques 7) Write a note on the concept of Responsibility to Protect. (2022)
Ans: The Responsibility to Protect (R2P) is a global principle designed to
prevent mass atrocity crimes such as genocide, war crimes, ethnic
cleansing, and crimes against humanity.
Developed in response to the international community's failure to act during
the tragedies of Rwanda and the former Yugoslavia in the 1990s, R2P
asserts that states have the primary responsibility to protect their
populations from such crimes. However, if a state is unable or unwilling to
fulfil this duty, the international community must intervene to prevent or
stop these atrocities.
Some basic concepts of R2P are:
1) Primary Responsibility of States: Each state is responsible for
protecting its population from atrocities, which includes preventing
such crimes and addressing incitement to violence.
2) International Assistance: States are encouraged to work with the
international community, including the United Nations, to strengthen
early warning systems and take preventive action.
3) International Intervention: If a state fails to protect its citizens, the
UN can intervene through diplomatic, humanitarian, or peaceful means.
If these efforts fail, the UN Security Council can authorize military
intervention under Chapter VII of the UN Charter, in cooperation
with regional organisations.
4) Building Capacity: R2P emphasizes the need to assist states in
strengthening their ability to prevent atrocities and support vulnerable
populations before crises arise.
5) Ongoing Discussion: The UN General Assembly is encouraged to
continuously discuss the implications of R2P, ensuring that it aligns
with the UN Charter and international law.
6) Goal: The ultimate goal of R2P is to ensure that mass atrocities are
never again ignored by the international community.
R2P Stipulates Three Pillars of Responsibility
1) Pillar One: Every state has the Responsibility to Protect its populations
from four mass atrocity crimes: genocide, war crimes, crimes against
humanity and ethnic cleansing.
2) Pillar Two: The wider international community has the responsibility
to encourage and assist individual states in meeting that responsibility.
3) Pillar Three: If a state is manifestly failing to protect its populations,
the international community must be prepared to take appropriate
collective action, in a timely and decisive manner and in accordance
with the UN Charter.
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26 TP Solved Series (LLB 3 Year First Semester) LU

STATE RESPONSIBILITY
Ques 8) Explain the main features of State Responsibility. (2022)
Ans: State Responsibility in International Law refers to the legal
principles governing when a state is held accountable for its actions or
omissions that violate international obligations. It is a cornerstone of
international law, ensuring that states are accountable for breaches of their
commitments under treaties, customary international law, or other legal
obligations. Here are the main features:
1) Attribution: A state‟s actions or omissions must be attributable to it.
This includes acts performed by state organs or entities exercising
governmental authority.
2) Internationally Wrongful Act: An act is considered internationally
wrongful if it breaches an international obligation, whether from
treaties, customary international law, or other sources.
3) Fault: While state responsibility can arise from wrongful acts, the
degree of fault (intent or negligence) is often considered, particularly in
determining reparations.
4) Reparations: States responsible for wrongful acts are obligated to
make reparations, which may include restitution, compensation, or
satisfaction to the injured party.
5) Countermeasures: In some cases, states may take lawful countermeasures
against a responsible state to compel compliance or redress a violation,
provided these measures are proportional and do not constitute force.
6) Exemptions: Certain defenses, such as consent, self-defense, or necessity,
may exempt a state from responsibility in specific circumstances.
7) Continuous Violations: A state may be held responsible for on-going
violations until the wrongful act is remedied or ceases.
8) Liability for Non-State Actors: States may also be held responsible
for the actions of non-state actors if they fail to control or prevent such
actions when they are able to do so.
9) International Claims: Other states or international organisations may
bring claims against a state for wrongful acts, leading to diplomatic
negotiations or adjudication in international courts.
Ques 9) Write short note on indirect state responsibility. (2019)
Ans: When an act is committed by an individual or by a group of
individuals that infringes on the rights of another state or is a breach of any
international obligation, the state to which they belong will be held
responsible. Article 5 of the Draft Articles prepared by the International
Law Commission states that if any person or entity empowered by the law
of that state commits any act that causes damage to the other state or
violates the international obligation, such acts shall be regarded as acts of
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Public International Law-I (Unit-II) 27
that state. Indirect responsibility/ vicarious responsibility is a condition
when an entity is made liable to make reparation, for the acts of another
entity. This occurs when the latter has been authorised by the former to
commit the act. Therefore, in such cases, the authorising State is held
indirectly liable for the acts of the authorised State. Even if the authorised
entities exceed or disobey their instructions, the State shall be held liable, if
they are acting under „apparent authority‟. The wrongful acts of individuals
that may give rise to state responsibility are as follows:
1) Mob Violence: When damages are caused because of the mob violence
and the state fails to prevent the violence by not exercising due
diligence or by omissions of its duty to prevent such acts, the state will
be made indirectly responsible for the damages that occurred.
2) Violence in Insurrections and Civil Wars: Injury caused to an alien
in the state as a consequence of civil strife makes the state indirectly
responsible because it‟s its duty to prevent violent acts of revolution on
its own territory.
Ques 10) Write short note on protectorate states. (2017)
Ans: A “protectorate” is a state or territory that maintains its sovereignty but is
under the protection and partial control of a more powerful state. In a
protectorate arrangement, the protecting state typically assumes responsibility
for the defense, foreign policy, and sometimes internal affairs of the
protectorate, while the protectorate retains some degree of autonomy in its
domestic governance. This relationship often arises from a treaty or agreement,
with the protectorate state agreeing to protect the smaller state in exchange for
certain privileges or influence over its political and economic decisions.
Protectorates were commonly established during the colonial era, where
European powers would offer protection to weaker states or regions in
return for strategic, economic, or political control. Today, the concept of
protectorates is less common, but similar arrangements still exist, such as in
cases of international trusteeship or military protectorates. Examples from
history include the British protectorates over regions like “Egypt” or
“Bhutan” under British India.

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State Territory & Law

UNIT-III of Sea

STATE TERRITORY
Ques 1) Write note on state territory. Discuss various modes of
acquisition of state territory. (2017, 2019, 2021)
Or
Discuss the modes of acquiring and losing state territory. (2023)
Ans: State Territory
It is one of the basic and essential conditions for an area to have some
defined territory of it in order to be called as a state. There cannot be a state
without a defined territory of it. The area or surface on which a state leads
to or tends to exercise its own sovereign or supreme authority/power is
termed as state territory. According to Kelsen, “when international law
allows the states to act in a particularly defined space than that is to be
considered as the territory of state”. In that space the state can perform its
acts legally without any interference.
Modes of Acquisition of State Territory
The acquisition of territory by a state can be more correctly referred to as
acquisition of territorial sovereignty, by an existing state and member of the
international community over another state.
1) Cession: Cession of the state territory is the transfer of sovereignty over
state territory by the owner state to another state. Its basis lies in the
intention of the concerned parties to transfer sovereignty over the territory
in question, and it rests on the principle that the right of transferring its
territory is a fundamental attribute of the sovereignty of a State. The only
form in which a cession can occur is an agreement normally in the form of
a treaty between the ceding and the acquiring state; or between several
states including the ceding and cessionary states.
In the Island of Palmas case, the United States claimed the island based on
the Treaty of Paris 1898, which ceded Philippine territory to the U.S.
However, the Netherlands argued it had exercised sovereignty over the
island for over 200 years, and Spain's claim was unproven. The arbitrator,
Max Huber, ruled that cession by Spain was invalid since Spain did not
possess sovereignty over the island, and the Netherland‟s long-standing
administration of the island took precedence.
In In Re: The Berubari Union and Exchange of Enclaves (1960), the
Supreme Court of India held that ceding Indian territory to a foreign
state, even for settling boundary disputes, requires a constitutional
amendment under Article 368. The Court clarified that such cessions
cannot be made under Artic.
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Public International Law-I (Unit-III) 29
Union of India v. Sukumar Sengupta Case: This case pertains to the
transfer of the Teen Bigha area to Bangladesh through a perpetual lease
deed. According to the 1974 agreement, India agreed to grant Bangladesh a
perpetual lease for the Teen Bigha area, connecting Dahagram and Panbari
Monja of Bangladesh. Additionally, the 1982 agreement clarified that due
to the “lease in perpetuity,” Bangladesh would enjoy uninterrupted
possession and utilization of the leased area. However, it was explicitly
stated that sovereignty over the designated area would remain with India,
and Bangladesh was granted only restricted rights. The court held the
agreement valid and said that “India would still retain its sovereignty,
ownership and control of Teen Bigha”.
2) Occupation: Occupation is a state‟s intentional claim of sovereignty
over territory treated by the international community as terra nullius, or
territory that does not belong to any other state. Jennings writes it is
“the appropriation by a state of a territory, which is not at the time
subject to the sovereignty of any other state.” Article 42 of The Hague
Regulations of 1907 defines occupation as follows: “Territory is
considered occupied when it is actually placed under the authority of
the hostile army. The occupation extends only to the territory where
such authority has been established and can be exercised.”
3) Accretion: Accretion refers to the physical expansion of an existing
territory through the geographical process. It is the name for the
increase of land due to some new formations. Such formation may be a
modification of the existing state territory, for example, when an island
rises within a river (not increasing the territory, only the land) or when
an island emerges in the maritime belt. It is a customary rule of
international law that enlargement of territories by new formations,
takes place ipso facto by accretion, without the state concerned taking
any special step for the purpose of extending its sovereignty. Hence,
accretion too is a direct mode of acquisition of territory.
4) Subjugation: Subjugation is the acquisition of territory by conquest
followed by annexation. This direct mode of acquisition is often called
title by conquest. In those days war was not illegal and so making of
war was recognised as a sovereign right. There is a very fine distinction
between cession and subjugation. Like compulsory cession, conquest
followed by annexation would transfer territory by compulsion, but
unlike cession, it involved no agreement between the concerned parties.
In most cases, the victors in a war enforced a treaty of cession.
5) Prescription: A prescription can be defined as “the acquisition of
sovereignty over a territory through a continuous and undisturbed exercise
of sovereignty over it during such a period as is necessary to create under
the influence of historical development the general conviction that the
present condition of things is in conformity with the international order.”
There was no rule laid down as regards the length of time or other
circumstances necessary to create such a title by prescription.
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30 TP Solved Series (LLB 3 Year First Semester) LU
Modes of Losing State Territory
1) Cession: The acquisition of territory by one state is loss to the other.
The act of cession may be in the nature of gift, sale, exchange or lease.
2) Revolt: Revolt, on the other hand, has been accepted as a mode of
losing territory to which there is no corresponding mode of acquisition.
There is no hard and fast rule regarding the time when a state which has
broken off from another can be established permanently as another
state. A revolt, however, seems to be more of a political issue than a
legal mode of loss of territorial sovereignty.
3) Dereliction: Dereliction as a mode of losing territory corresponds to
occupation. Dereliction frees a territory from the sovereignty of the present
state possessor. When the owner state completely abandons a territory with
the intention of withdrawing from it permanently and relinquishing
sovereignty over it dereliction is affected. Actual abandonment alone cannot
amount to dereliction as it is assumed that the owner will and can retake
possession. Hence, just like occupation there has to be an abandonment of
territory (corpus) and an intention (animus) to withdraw too.
4) Operation of Nature: State may lose territory by operation of nature for e.
g. by earthquake, a coast of the sea an island may altogether disappear.
5) Subjugation: As a state may acquire territory through annexation, the
other state may lose it through subjugation.
6) Renunciation: Renunciation is a mode of losing territory by
renunciation. It is the very opposite of the occupation which requires
both possession and intention
7) Independence to a Colony: Granting of independence to a colony is
also a mode of losing imperialist state grants independence to the areas
under its control.

SELF-DETERMINATION
Ques 2) Explain the concept of Self-determination and compare it with
secession. (2022)
Ans: The concept of self-determination is virtually as old as the concept of
statehood itself. Self-determination denotes the legal right of people to
decide their own destiny in the international order. Self-determination is a
core principle of international law, arising from customary international
law, but also recognized as a general principle of law, and enshrined in a
number of international treaties.
The scope and purpose of the principle of self-determination has evolved
significantly in the 20th century. In the early 1900‟s, international support
grew for the right of all people to self-determination. This led to successful
secessionist movements during and after WWI, WWII and laid the
groundwork for decolonization in the 1960s.
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Public International Law-I (Unit-III) 31
Contemporary notions of self-determination usually distinguish between
“internal” and “external” self-determination, suggesting that “self-
determination” exists on a spectrum. Internal self-determination may
refer to various political and social rights; by contrast, external self-
determination refers to full legal independence/secession for the given
„people‟ from the larger politico-legal state.
Comparison between Self-determination and Secession
While international law embraces the principle of self-determination, it does
not contain a right of secession. It may be argued that international law merely
tolerates secession in instances of external self-determination, where a people is
colonized or oppressed (like in the case of Kosovo). In addition, secession is
prohibited under international law if the secessionist entity is attempting to
separate by violating another fundamental norm of international law, such as
the prohibition on the use of force (like in the case of Northern Cyprus).
1) Self-determination centres on the free will of a people who are legally
as well as politically entitled to decide their destiny. Secession is
generally interpreted as splitting from an existing state.
2) This free will could express itself in constituting an independent state
(political independence); joining another state (union); or autonomy
within a state (cultural independence). It involves separation of a part
of that state from the rest of its territory, leading to political withdrawal
of a region from the original state.
3) While self-determination is seen in positive terms. Secession is
frequently perceived negatively.
AIR SPACE
Ques 3) Explain ‘Air space’. What are its various theories? Discuss five
Freedoms of Air. (2018)
Or
Write notes on various theories regarding air space. (2019)
Ans: Air Space
Air space, in international law, is the space above a particular national territory,
treated as belonging to the government controlling the territory. It does not
include outer space, which, under the Outer Space Treaty of 1967, is declared
to be free and not subject to national appropriation. The treaty, however, did not
define the altitude at which outer space begins and air space ends.
Theories Regarding Air Space
1) Theory of The Unlimited Freedom: This theory is supported by those
who, having seen the advantages that the absolute freedoms of the seas
have brought to the International community, thought that the same
criteria could be applied to the air navigation. The theory is criticised
on the ground that it is contrary to many international treaties. Each
state exercises control over its airspace and the aircraft of another state
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can enter its airspace only after seeking its prior permission. *
32 TP Solved Series (LLB 3 Year First Semester) LU
2) Theory of Absolute Sovereignty: This theory is completely opposed to
the previous one; it refused the principle of freedom, and conversely
claimed State sovereignty over the atmosphere. It also inherited the idea
that the Roman law had applied to the land property in order to define its
unconditional character and to reject any claim from the other States. The
theory is criticized the ground that in view of the rapid scientific and
technological developments, aircraft can go to a very high altitude. It is not
possible for each State to exercise control over unlimited height.
3) Intermediate Theories: It tried to combine the States' claims with the
creation of an efficient International air navigation system. One of the
most famous theories were formulated in 1901 by the French jurist Paul
Fauchille, who claimed that the air is free, and its freedom may only be
limited by strictly defined rights belonging to the State underneath.
Accordingly, the sovereignty of the landowner over the air space was
limited to the maximum height of the buildings it could build; beyond
this limit, the atmosphere was free and freely exploitable. The
greatest difficulty in accepting this theory is that no State is prepared to
accept it affirmatively.
4) Theory of the Limited Sovereignty: It stemmed from the principle that the
atmosphere is subject to the State power, but it introduced some limitations
in favour of the air traffic of adequate means whose airworthiness could be
proved by specific international certifications. This theory anticipated the
following regime which was based upon a functional and not just the spatial
idea of air navigation. Again this theory was not acceptable to many States
as the concept of limited sovereignty was considered as a significant
compromise on the idea of absolute sovereignty.

Five Freedoms of Air

1) First Freedom of the Air - the right or privilege, in respect of
scheduled international air services, granted by one State to another
State or States to fly across its territory without landing (also known as
a First Freedom Right).
2) Second Freedom of the Air - the right or privilege, in respect of
scheduled international air services, granted by one State to another
State or States to land in its territory for non-traffic purposes (also
known as a Second Freedom Right).
3) Third Freedom of The Air - the right or privilege, in respect of
scheduled international air services, granted by one State to another
State to put down, in the territory of the first State, traffic coming from
the home State of the carrier (also known as a Third Freedom Right).
4) Fourth Freedom of The Air - the right or privilege, in respect of
scheduled international air services, granted by one State to another
State to take on, in the territory of the first State, traffic destined for the
*
home State of the carrier (also known as a Fourth Freedom Right). *
Public International Law-I (Unit-III) 33
5) Fifth Freedom of The Air - the right or privilege, in respect of scheduled
international air services, granted by one State to another State to put down
and to take on, in the territory of the first State, traffic coming from or
destined to a third State (also known as a Fifth Freedom Right).
Ques 4) Write short notes on the Paris Convention, 1919 (2017)
Ans: Paris Convention, 1919
The “Paris Convention of 1919”, officially titled the “Convention Relating to
the Regulation of Aerial Navigation”, was the first significant international
treaty aimed at regulating aviation. Signed on “October 13, 1919”, in “Paris”,
it established key principles for the governance of airspace and aerial
navigation. The convention affirmed that states have “sovereignty over their
airspace”, meaning no aircraft could fly over a nation's territory without
permission. It also granted foreign aircraft the right of “overflight” under
certain conditions, set rules for “commercial aviation”, and standardized the
“registration of aircraft”. The treaty introduced provisions for “liability” in
case of damage caused by aircraft, and led to the creation of the “International
Commission for Air Navigation (ICAN)” to oversee and develop aviation
standards. Although the Paris Convention laid the groundwork for
international aviation law, its provisions were eventually superseded by later
agreements, particularly with the formation of the “International Civil
Aviation Organization (ICAO)” in 1944.
Ques 5) Write notes on Outer space Treaty, 1967. (2019)
Ans: Outer space Treaty, 1967
The Outer Space Treaty was adopted by the UN General Assembly (UNGA)
in resolution 2222 (XXI) after being considered by the Legal Subcommittee in
1966. The Treaty added new provisions to the foundation provided by the
„Declaration of Legal Principles Governing the Activities of States in the
Exploration and Use of Outer Space’, which had been adopted by the
General Assembly in 1963 in resolution 1962 (XVIII).
The 1967 Outer Space Treaty is a multilateral agreement initiated by the
United States, the United Kingdom and the Soviet Union. Its primary
objective was the implementation of international law governing space
exploration, weapons testing and territorial claims. It was drafted and
signed in 1967 by more than 100 countries and has since been ratified by 95
countries. The original provisions of the treaty are still in effect today. The
Outer Space Treaty provides the basic framework on international space
law, including the following principles:
1) The exploration and use of outer space shall be carried out for the benefit
and in the interests of all countries and shall be the province of all mankind;
2) Outer space shall be free for exploration and use by all States;
3) Outer space is not subject to national appropriation by claim of
sovereignty, by means of use or occupation, or by any other means;
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34 TP Solved Series (LLB 3 Year First Semester) LU
4) States shall not place nuclear weapons or other weapons of mass
destruction in orbit or on celestial bodies or station them in outer space
in any other manner;
5) The Moon and other celestial bodies shall be used exclusively for
peaceful purposes;
6) Astronauts shall be regarded as the envoys of mankind;
7) States shall be responsible for national space activities whether carried
out by governmental or non-governmental entities;
8) States shall be liable for damage caused by their space objects; and
9) States shall avoid harmful contamination of space and celestial bodies.

LAW OF SEA
Ques 6) Write short note on Hugo Grotius. Why is Hugo Grotius called
the Father of Public International Law? (2017, 2022)
Ans: Hugo Grotius
Hugo Grotius, born on 10 April, 1583, was a Dutch scholar, an exceptional
legal figure, brilliant statesman and skilled diplomat of his time who not
only became the father of modern international law for his remarkable
contributions to the study of just war and peace but was also named as the
father of philosophical jurisprudence for reinventing the concept of natural
law and justice in relation to human nature and positive morality.
His major work, „De Jure Belli ac Pacis‟ (The Rights of War and Peace), is
particularly notable in this respect. In 1609, he wrote „Mare liberum’, about
the idea of freedom of the seas. Later, this book was pivotal to the widely
accepted principle that ships of all nations could use the open oceans for
trade and travel. Hugo Grotius is called the “Father of Public International
Law” for several reasons:
1) Foundational Texts: His seminal work, “De Jure Belli ac Pacis” (On
the Law of War and Peace), published in 1625, systematically
articulated principles of international law and set the groundwork for
legal frameworks governing war, peace, and diplomacy.
2) Natural Law Theory: Grotius emphasized the concept of natural law,
asserting that certain rights and principles are inherent to human beings and
can be understood through reason, regardless of local laws or customs.
3) Legal Framework for States: He advocated for the idea that states are
bound by laws that govern their interactions, promoting the idea of
sovereignty and mutual respect among nations.
4) Influence on Later Thinkers: His ideas greatly influenced later
philosophers and legal theorists, shaping the development of
international law in subsequent centuries.
5) Promotion of Peace and Justice: Grotius aimed to create a legal basis
for resolving disputes peacefully; emphasizing that law should guide
*
the conduct of states, particularly in matters of war and conflict. *
Public International Law-I (Unit-III) 35
Ques 7) Write short notes on the Rights of coastal states. (2017)
Ans: Rights of Coastal States
The United Nations Convention on the Law of the Sea (UNCLOS) divides
the world's oceans into five maritime zones, each with different rights and
responsibilities for coastal states. These zones are:
1) Baseline: The baseline is the low-water line along a coast, which is the
reference point for measuring the extent of maritime zones.
2) Internal Waters: These are waters landward of the baseline (e.g.,
bays, rivers, and ports) where the coastal state has full sovereignty.
There is no right of innocent passage through internal waters, although
states may permit or suspend passage.
3) Territorial Sea: Extending up to 12 nautical miles from the baseline,
the territorial sea is subject to full sovereignty by the coastal state,
including its airspace, seabed, and subsoil. However, foreign vessels
have the right of innocent passage, meaning they can pass through,
provided they do not disturb peace or security.
4) Contiguous Zone: This extends up to 24 nautical miles from the
baseline, where coastal states can prevent and punish infringements of
their laws concerning customs, immigration, and sanitary regulations.
However, the state's jurisdiction in this zone is limited to the surface
and seabed, not the airspace.
5) Exclusive Economic Zone (EEZ): Extending up to 200 nautical miles
from the baseline, the EEZ grants coastal states sovereign rights to
explore and exploit natural resources in the seabed, subsoil, and water
column. The coastal state cannot interfere with the freedom of
navigation or overflight, although it retains the right to manage
resources and protect the environment.
6) High Seas: Beyond the EEZ, the high seas are considered the common
heritage of all mankind, where no state has sovereignty. However, all
states have the freedom to engage in activities such as navigation,
fishing, and marine research, subject to international regulations.
Ques 8) Write short note on Panama Canal. (2017)
Ans: Panama Canal
Panama Canal, lock-type canal, owned and administered by the Republic of
Panama, that connects the Atlantic and Pacific oceans through the narrow
Isthmus of Panama. The length of the Panama Canal from shoreline to
shoreline is about 40 miles (65 km) and from deep water in the Atlantic
(more specifically, the Caribbean Sea) to deep water in the Pacific about 50
miles (82 km). The canal, which was completed in August 1914, is one of the
two most strategic artificial waterways in the world, the other being the Suez
Canal. Ships sailing between the east and west coasts of the United States,
which otherwise would be obliged to round Cape Horn in South America,
shorten their voyage by about 8,000 nautical miles (15,000 km) by using the
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36 TP Solved Series (LLB 3 Year First Semester) LU
canal. Savings of up to 3,500 nautical miles (6,500 km) are also made on
voyages between one coast of North America and ports on the other side of
South America. Ships sailing between Europe and East Asia or Australia can
save as much as 2,000 nautical miles (3,700 km) by using the canal.

Ques 9) Write notes on the following: (2017, 2018)

a) Maritime Belt
Ans: Maritime Belt
A “maritime belt” refers to the waters under a state‟s control, encompassing
both inland waters and the surrounding sea. This area is crucial for a nation‟s
sovereignty, as it defines the extent of a state‟s authority over its maritime
space. The maritime belt includes “territorial waters”, which traditionally
extend up to “three nautical miles” from the coastline. However, under modern
international law, as codified in the “United Nations Convention on the Law of
the Sea (UNCLOS)”, this jurisdictional limit has been expanded in many cases
to “12 nautical miles” from the baseline of the coast. Territorial waters are
considered part of the state‟s sovereign territory, meaning the coastal nation has
full legal rights over activities within these waters. This sovereignty covers not
just the water column but also the “airspace” above it and the “seabed” beneath
it. Within this zone, the state can regulate shipping, fishing, resource extraction,
and environmental protection.
b) Contiguous Zone
Ans: Contiguous Zone
The “contiguous zone” is a maritime area that extends “up to 24 nautical miles”
from a state‟s coastline, measured from the baseline used for territorial waters.
It lies beyond the “territorial sea” (which extends up to 12 nautical miles) and
provides the coastal state with certain additional rights, although it is not a full
sovereign zone like territorial waters. In the contiguous zone, a state has the
right to “prevent and punish” violations of its customs, fiscal, immigration, or
sanitary laws committed within its territory or territorial waters. This zone is
primarily intended to help a state enforce its laws and regulations that apply
within its territory, even if the violation occurs just outside its territorial sea.
While the coastal state can exercise enforcement jurisdiction in this area, the
zone does not grant full sovereignty like the territorial sea.
“International law”, under the “United Nations Convention on the Law of
the Sea (UNCLOS)”, recognizes the contiguous zone as a buffer zone
where states can exercise specific law enforcement powers, but foreign
ships still enjoy the freedom of navigation. The contiguous zone is,
therefore, a transitional space where a state‟s authority is extended for
enforcement purposes but not for full control or sovereignty.
Ques 10) Write notes on the following: (2018)
a) The High Seas (2019)
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Public International Law-I (Unit-III) 37
Ans: High Seas
The high seas mean, all parts of the mass of saltwater surrounding the globe that
are not part of the territorial sea or internal waters of a state. For several centuries
beginning in the European Middle Ages, a number of maritime states asserted
sovereignty over large portions of the high seas. Well-known examples were the
claims of Genoa in the Mediterranean and of Great Britain in the North Sea and
elsewhere. The doctrine that the high seas in time of peace are open to all nations
and may not be subjected to national sovereignty (freedom of the seas) was
proposed by the Dutch jurist Hugo Grotius as early as 1609. It did not become
an accepted principle of international law, however, until the 19th century.
Freedom of the seas was ideologically connected with other 19th-century
freedoms, particularly laissez-faire economic theory, and was vigorously pressed
by the great maritime and commercial powers, especially Great Britain.
Freedom of the high seas is now recognised to include freedom of navigation,
fishing, the laying of submarine cables and pipelines, and overflight of aircraft.
b) Piracy
Ans: Piracy
Piracy, any robbery or other violent action, for private ends and without
authorization by public authority, committed on the seas or in the air outside the
normal jurisdiction of any state. Because piracy has been regarded as an offense
against the law of nations, the public vessels of any state have been permitted to
seize a pirate ship, to bring it into port, to try the crew (regardless of their
nationality or domicile), and, if they are found guilty, to punish them and to
confiscate the ship. According to international law, piracy takes place outside the
normal jurisdiction of a state, without state authority, and is private, not political,
though acts of unlawful warfare, acts of insurgents and revolutionaries, mutiny,
and slave trading have been defined as piracy by national laws of various
countries or by special treaties. The definition of the crime of piracy is contained
in Article 101 of UNCLOS, which reads as follows:
“Piracy consists of any of the following acts:
a) Any illegal acts of violence or detention, or any act of depredation,
committed for private ends by the crew or the passengers of a private
ship or a private aircraft, and directed:
i) On the high seas, against another ship or aircraft, or against persons
or property on board such ship or aircraft;
ii) Against a ship, aircraft, persons or property in a place outside the
jurisdiction of any State;
b) Any act of voluntary participation in the operation of a ship or of an
aircraft with knowledge of facts making it a pirate ship or aircraft;
c) Any act of inciting or of intentionally facilitating an act described in
subparagraph (a) or (b).”
On January 4, 1931, on the high seas, a number of armed Chinese nationals
were cruising in two Chinese junks. They pursued and attacked a cargo junk
which was also a Chinese vessel. The master of the cargo junk attempted to
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38 TP Solved Series (LLB 3 Year First Semester) LU
escape, and a chase ensued during which the pursuers came within 200 yards
of the cargo junk. The chase continued for over half an hour, during which
shots were fired by the attacking party, and while it was still proceeding, the
steamship HangSang approached and subsequently also the steamship Shui
Chow. The officers in command of these merchant vessels intervened and
through their agency, the pursuers were eventually taken in charge by the
Commander of H.M.S. Somme, which had arrived in consequence of a report
made by wireless. They were brought as prisoners to Hong Kong and indicted
for the crime of piracy. The jury found them guilty subject to the following
question of law: „Whether an accused person may be convicted of piracy in
circumstances where no robbery has occurred‟. The Full Court of Hong Kong
on further consideration came to the conclusion that robbery was necessary to
support a conviction of piracy and in the result the accused were acquitted.
Viscount Sankey, L.C. held that “Actual robbery is not an essential element
in the crime of piracy jure gentium. A frustrated attempt to commit a piratical
robbery is equally piracy jure gentium”.
Ques 11) Write a note on ITLOS (International Tribunal for Law of
Sea). (2022)
Ans: ITLOS (International Tribunal for Law of Sea)
The International Tribunal for the Law of the Sea (ITLOS) is a self-
governing judicial body established by the 1982 United Nations Convention on
the Law of the Sea (UNCLOS). It has authority over any issue involving the
interpretation or application of the Convention, as well as those subjects
expressly provided for in any other agreement conferring jurisdiction on the
Tribunal. Disputes arising under the Convention may concern the delimitation
of maritime zones, navigation, conservation and management of sea life,
protection and preservation of the marine environment, and marine scientific
research. The United Nations Convention on the Law of the Sea (UNCLOS)
created the International Tribunal for the Law of the Sea as an independent
judicial body. Its goal is to resolve disagreements about the interpretation and
execution of the Convention. The Tribunal is made up of 21 independent
members chosen from among those with the best reputation for fairness and
honesty, as well as acknowledged expertise in the subject of maritime law.
The 1982 United Nations Convention on the Law of the Maritime established a
comprehensive procedure for resolving sea disputes in order to arbitrate these
claims. ITLOS, a specialized group of institutions dealing with maritime
conflicts, is one of the various dispute settlement mechanisms established by
the pact. The Tribunal is available to all states that have ratified the Convention.
In any circumstance specifically allowed for in Part XI of the Convention,
entities other than States Parties, such as state businesses and private
companies, may also have access to the Tribunal. Following are the functions
of “International Tribunal for the Law of the Sea”:
1) The basic function of international law is the spatial distribution of state
*
jurisdiction, and the same is true for maritime law. *
Public International Law-I (Unit-III) 39
2) It aims to conserve and preserve the ocean‟s resources as well as the
various creatures that live there.
3) It also aids in the promotion and utilisation of scientific research for the
advancement of marine technology.
4) It contains regulations pertaining to several marine zones, including territorial
occupancies of seas, continental shelf, and exclusive economic zones.
Ques 12) Explain the law relating to Territorial sea, contiguous zone
continental shelf and economic zone. (2023)
Ans: Law Relating to Territorial Sea
It is that part of the sea which is directly next to the coastline and bounded
by the high seas. Article 2 of the Geneva Convention on the Territorial
Sea and UNCLOS Article 3 both express that states exercise sovereignty
over this zone subject to the provisions of the respective conventions and
other rules of international law. This was intended to highlight that the
limitations upon sovereignty in this area set out in the Convention are non-
exhaustive. The territorial sea forms an undeniable part of the land territory
to which it is bound so that a cession of land will automatically include any
band of territorial waters.
According to UNCLOS, it is believed that every coastal state has Territorial
sea. The sovereignty of the coastal state extends to the seabed and subsoil
of the territorial sea and the airspace above it. The coastal States exercise a
wide variety of exclusive power over the territorial sea which depends
largely on the municipal law rather the international system. Coastal states
can control the entry of foreign vessels from trading or fishing activities to
preserve it for their own citizens.
Law Relating to Contiguous Zone
It is that part of the sea which is located beyond and adjacent to the territorial
waters of the coastal states. The development of this zone arose due to the
need of the state to strengthen its regulation over the territorial sea. It extends
up to 12 nautical miles from the territorial sea, the object of this zone is only
for certain purposes as provided in the Article 24 of the convention like to
prevent infringement of customs, immigration or sanitary laws of the coastal
state, or to conserve fishing stocks in a particular area, or to enable the coastal
state to have exclusive or principal rights to the resources of the proclaimed
zone. The formation of this zone is only for special purposes as prescribed in
the convention, it does not provide any air and space rights to the states.
According to Article 24 of convention:
1) In a zone of the high seas contiguous to its territorial sea, the coastal
State may exercise the control necessary to:
a) Prevent infringement of its customs, fiscal, immigration or sanitary
regulations within its territory or territorial sea;
b) Punish infringement of the above regulations committed within its
territory or territorial sea.
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40 TP Solved Series (LLB 3 Year First Semester) LU
2) The contiguous zone may not extend beyond twelve miles from the
baseline from which the breadth of the territorial sea is measured.
3) Where the coasts of two States are opposite or adjacent to each other,
neither of the two States is entitled, failing agreement between them to the
contrary, to extend its contiguous zone beyond the median line every point
of which is equidistant from the nearest points on the baselines from which
the breadth of the territorial seas of the two States is measured.
Law Relating to Continental Shelf
This zone arose due to the concept of Geography wherein as per 1982
convention; it includes a natural seaward extension of a land boundary. This
seaward extension is geologically formed as the seabed slopes away from
the coast, typically consisting of a gradual slope (the continental shelf
proper), followed by a steep slope (the continental slope), and then a more
gradual slope leading to the deep seabed floor. The limit up to which its
length extends up to 200 nautical miles. These three areas, collectively
known as the continental margin, are rich in natural resources, including oil,
natural gas and certain minerals.
The coastal states exercise extensive sovereign-rights over this zone for the
purpose of exploiting its resources. The coastal state may, under Article 80
of the 1982 Convention, construct and maintain installations and other
devices necessary for exploration on the continental shelf and is entitled to
establish safety zones around such installations to a limit of 500 metres,
which must be respected by ships of all nationalities.
EEZ and Continental shelf is almost similar in nature however the major
point of difference between the two is that under the 1982 convention a
continental shelf can exist without an EEZ but there cannot be an EEZ
without the demarcation of the Continental shelf.
Law Relating to Economic Zone
The object for this zone arose due to controversy regarding fishing zones. Due
to a lack of regulation of limit regarding fishing zone, states began to claim the
wide depth of region under this zone. In the case of Thnisia vs Libya, the court
regarded that the concept of Exclusive Economic Zone can be associated as a
part of Customary International Law. Article 55 of the UNCLOS creates the
legal regime and distinguishes it from the territorial sea: “The exclusive
economic zone is an area beyond and adjacent to the territorial sea, subject to
the specific legal regime established in this Part, under which the rights and
jurisdiction of the coastal State and the rights and freedoms of other States are
governed by the relevant provisions of this Convention.”
Article 56 contains provisions regarding the rights, jurisdiction and duties
of the coastal State in the EEZ. Article 56 (1) states that, in the EEZ, the
coastal State has:
a) Sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or non-
*
living, of the waters superjacent to the seabed and of the seabed and its *
Public International Law-I (Unit-III) 41
subsoil, and with regard to other activities for the economic
exploitation and exploration of the zone, such as the production of
energy from the water, currents and winds;
b) Jurisdiction as provided for in the relevant provisions of this
Convention with regard to:
i) The establishment and use of artificial islands, installations and
structures;
ii) Marine scientific research;
iii) The protection and preservation of the marine environment.

Again, article 58 of the 1982 Convention deals with the rights and duties
of other States in the EEZ which states that, in the exclusive economic
zone, all States, whether coastal or land-locked, enjoy, subject to the
relevant provisions of this Convention, the freedoms referred to in article
87 of navigation and over flight and of the laying of submarine cables and
pipelines, and other internationally lawful uses of the sea related to these
freedoms, e.g., those associated with the operation of ships, aircraft and
submarine cables and pipelines, and compatible with the other provisions of
this Convention ( Article 58 (1), 1982 ).

In case of other states, it provides rights and duties of that which can be
compared to the high seas such as freedom of navigation, laying of
pipelines and submarine cables, they have to keep in mind the rights and
duties of Coastal states during the exercise of their own power.

Ques 13) What is the importance of Reparations Case? (2022)

Ans: Reparations refer to the different ways to restore victims after the
violations they have suffered. Individual culprits may be ordered to provide
reparations because they inflicted the harm, but also State institutions for
their acts breaking international law or for failing to prevent crimes.
Importance of Reparations Case
The importance of reparations cases lies in several key areas:
1) Acknowledgment of Historical Injustices: Reparations serve to
recognize and address the wrongs of the past, particularly those related
to slavery, colonialism, and systemic racism. They can validate the
experiences of marginalized communities and affirm their suffering.
2) Restorative Justice: Reparations aim to provide a form of restorative
justice, offering compensation or restitution to those affected by
historical injustices. This can help heal communities and foster
reconciliation.
3) Economic Equity: Financial reparations can address economic
disparities that persist due to historical injustices. They may help uplift
communities that have been systematically disadvantaged, promoting
greater economic equity.
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42 TP Solved Series (LLB 3 Year First Semester) LU
4) Legal and Political Precedents: Reparations cases can establish legal
and political frameworks for addressing injustices, influencing future
policies and discussions about equity and justice.
5) Cultural Recognition: Engaging in reparations can promote a broader
understanding of history, encouraging dialogue about race, privilege,
and the need for social justice.
6) Social Healing: By addressing grievances and fostering
understanding, reparations can contribute to social healing, creating
a more inclusive society.

Case Law
As a consequence of the assassination in September 1948, in Jerusalem, of
Count Folke Bernadotte, the United Nations Mediator in Palestine, and
other members of the United Nations Mission to Palestine, the General
Assembly asked the Court whether the United Nations had the capacity to
bring an international claim against the State responsible with a view to
obtaining reparation for damage caused to the Organization and to the
victim. If this question were answered in the affirmative, it was further
asked in what manner the action taken by the United Nations could be
reconciled with such rights as might be possessed by the State of which the
victim was a national.

The International Court of Justice on April 11, 1949, gave its unanimous
opinion that, in the event of an agent of the United Nations in the
performance of his duties suffering injury in circumstances involving the
responsibility of a Member (or a non-member) State, the United Nations as
an organization has the capacity to bring an international claim against the
responsible de jure or de facto government with a view to obtaining the
reparation due in respect of the damage caused the United Nations. By a
majority of eleven, with four judges dissenting, the Court also gave its
opinion that the United Nations has the capacity to claim reparation due in
respect of the damage caused to the victim or to persons entitled through
him. The Court by ten votes to five gave its further opinion that when the
United Nations as an organization is bringing a claim for reparation of
damage caused to its agent, it can only do so by basing its claim upon a
breach of obligations due to itself; and that respect for this rule will usually
prevent a conflict between the action of the United Nations and such rights
as the agent‟s national state may possess, and thus bring about a
reconciliation between their claims.

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Public International Law-I (Unit-IV) 43

Extradition & International

UNIT-IV Criminal Law

EXTRADITION
Ques 1) Define Extradition and explain its purpose. When can an
offender be extradited? (2018)
Or
What do you mean by Extradition? (2019)
Or
What is meaning, definition and purpose of Extradition? What are essential
conditions of granting extradition or restriction on surrender? (2021)
Or
Discuss the various conditions of ‘Extradition’ and explain why
political offenders are not extradited? (2023)
Ans: Extradition
The term ‗extradition‘ is derived from two Latin words ‗ex‘ and ‗traditum‘,
means ‗delivery of criminals‘, ‗surrender of fugitives‘ or ‗handover of
fugitives‘. Under international law it is a bilateral treaty and there is no
obligation or general duty of states to extradite criminals. Extradition is the
official process whereby one nation or state surrenders a suspected or convicted
criminal to another nation or state. Between nation states, extradition is
regulated by Treaties. Where extradition is compelled by laws, such as among
sub-national jurisdictions, the concept may be known more generally as
rendition. Extradition can be described as the process by which a country upon
the request of other surrenders to the latter a person found within its jurisdiction
for trial and punishment or, if he has already been convicted, only for
punishment, on account of a crime punishable by the laws of the requesting
country and committed outside the territory of the requested country.
Purpose of Extradition
1) To Prevent Escape from Punishment: Most fugitive convicts or accused
persons run from the competent jurisdiction to other countries hoping to
escape from the impending punishment for the offence they are convicted
or accused of. Such unjustifiably motivated accused persons or convicts
should be extradited so that their offences may not go unpunished.
2) Extradition as a Deterrence: Every successful extradition acts as a red flag
to the criminals intending or planning to flee from the territory of the
juridically competent state. So, extradition has a deterrent effect on criminals.
3) To Maintain Peace in the Territorial State: If the convicts or accused
persons are not extradited by the territorial state, it will send a wrong
message to the criminals intending or planning to escape from the
*
territorial clutches of the juridically competent state. If the territorial state
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44 TP Solved Series (LLB 3 Year First Semester) LU
refuses to extradite the convicts or accused persons residing within its
territory, it will further motivate more such persons to flee into it. Thus,
such a country may end up becoming a haven for international criminals,
ultimately threatening the safety and peace within its territory.
4) To Reciprocate Diplomatic Kindness: Extradition is also one of the
best ways to reciprocate the diplomatic support of the requesting state.
It welds diplomatic ties between the territorial and requesting states.
5) To Enhance International Cooperation: The extradition through
bilateral or multilateral treaties on extradition acts as examples of
international cooperation in international dispute resolution.
Essential Conditions of Granting Extradition
1) Formal Treaty Requirement:
i) A key condition for extradition is the existence of a formal treaty
between the requesting and the sending states. This treaty outlines
the terms and procedures for extradition and is essential for legal
compliance.
ii) India, for example, has signed extradition treaties with over 31
countries, including Belgium (1958), the UK (1992), the USA
(1999), and several others. These treaties ensure that both parties
agree on the legal framework for extradition.
iii) In some instances, such as the proposed treaty with Pakistan in
2004, negotiations may fail, highlighting the necessity of mutual
agreement for extradition to occur.
2) Exclusion of Political Crimes:
i) Individuals accused of political crimes are typically not extradited.
Political crimes are offenses committed to achieve political objectives,
and this exemption is widely recognized in international law.
ii) According to legal scholars like Oppenheim, a crime may be
deemed political if it is motivated by political intent or aims to
further a political cause. Common examples include high treason
and acts against the state.
iii) This principle, originating from practices following the French
Revolution, has evolved into a customary rule of international law. It
is now widely accepted that states should not extradite individuals for
offenses deemed political in nature, ensuring protection for those who
may be persecuted for their political beliefs.
Restriction on Surrender
As per Section 31 of the Act, the fugitive criminal shall not be surrendered:
1) If the offence committed or alleged to have been committed by him is
of political nature;
2) If the offence committed or alleged to have been committed by him is
time-barred as per the requesting state‘s laws;
3) If no provision exists in the extradition treaty or arrangement stating that he
*
shall not be tried for any offence other than for which he is extradited; *
Public International Law-I (Unit-IV) 45
4) If he has been accused of any offence in India not being the one for
which is extradition is sought; and
5) Until after fifteen days from the date of his being committed to prison
by the magistrate.

Basis for the Non-Extradition of Political Offenders

The great 18th century revolutions were based, in part, upon the notion that
individuals have the right to engage in revolutionary political activity in pursuit
of liberty. Those were times when today's democracies were ruled by kings and
emperors, when universal suffrage did not exist, and when the mere open, verbal
criticism of a ruler was frequently regarded as sedition or treason. In the wake of
those revolutions, the emerging democracies of Western Europe did not want to
surrender to foreign sovereigns' revolutionaries who had committed offenses in
the course of exercising their political rights. The Jacobean Constitution of 1793,
reflecting this revolutionary spirit, declared that the French people ―grant asylum
to foreigners banished from their countries for the cause of freedom.‖ The same
sentiment gave rise to the seminal provision in the Belgian extradition law of
1833, which provided that a fugitive ―shall not be prosecuted or punished for
any political offense ..., nor for any act connected to such crime.
From its inception, the political offense exception has been applied without
significant controversy to ―pure‖ political offenses, which are those directly
related to the security of the state: sedition, treason and the like. Governments
and courts have had little trouble excepting these offenses from extradition.
By contrast, application of the exception to ―relative‖ political offenses has
always been problematic. Relative political offenses are common, often
violent crimes - such as murder and arson - whose perpetrators nevertheless
claim immunity from extradition because their criminal acts were allegedly
committed in the course of a rebellion or for a political purpose.
Historically, claims of immunity from extradition based on ―relative‖ political
offenses have posed difficulties for civilized nations. For example, in 1855, a
Belgian court invoked the political offense exception to deny a French request
for extradition of a fugitive who had placed a bomb under the railway line over
which Emperor Napoleon III was traveling. This decision led the Belgian
legislature - the country in which the exception was first codified - to amend the
1833 extradition law to refuse to recognize as political offenses certain
common crimes used by terrorists for political ends. The statute provided:
―An attempt (attentat) against the person of the head of a foreign government or
against the members of his family, when this attempt constititutes that act of
murder, assassination or poisoning, shall not be considered as a political offense
or an act in connection with a political offense.‖
In Re: Castioni, in this case, extradition of political crime is demanded by
the Swiss Government. Castioni was suspected of murdering a member of
the State Council. The Queen‘s Bench of England held that Castioni had
committed a political offence and, could not be extradited.
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46 TP Solved Series (LLB 3 Year First Semester) LU
Some of major reasons for the non-extradition of political offenders are as
follows:
1) Non-Threatening Nature: Political offenders are often viewed as less
dangerous to the territorial state compared to ordinary criminals. Their
motivations typically stem from political beliefs rather than malicious
intent, suggesting they pose a lower risk to societal order.
2) Humanitarian Considerations: The non-extradition principle is
rooted in fundamental humanitarian values. Extraditing political
offenders can lead to severe consequences for individuals seeking to
express dissent or challenge oppressive regimes.
3) Natural Justice: Extraditing someone who is not considered a criminal
contradicts principles of natural justice. States are reluctant to surrender
individuals who are fighting against perceived injustices or oppressive
systems, aligning with a broader commitment to justice and fairness.
4) Fair Treatment Concerns: There is a significant fear that political
offenders may not receive fair treatment in the requesting state.
Concerns about potential persecution, unfair trials, or inhumane
treatment contribute to the reluctance to extradite.
5) Risk of Extra-Legal Actions: States worry that, once extradited,
political offenders may face extra-legal measures or actions that violate
their rights. This includes potential torture, imprisonment without trial,
or other forms of reprisal that undermine the rule of law.
Case Law
1) Rex v. Godfrey Case: Godfrey, residing in London was the controlling
member of a partnership which through the agencies of two other partners,
on the authority of Godfrey, obtained goods by false pretences in
Switzerland. The goods were received and sold by Godfrey in London. The
other two partners were arrested in Switzerland and application was made by
the Swiss to the English government for Godfrey‘s extradition. A summons
for habeas corpus was refused, the court holding that it is ―not necessary to
the idea of fugitiveness that the person seeking to avoid punishment should
have been corporeally in the country in which the crime was committed.
2) Case of Prosecution Ex-Kaiser: David Lloyd George declared his intent
to try the Kaiser for starting World War I, but it is not known that British
lawyers embarked on detailed behind-the-scenes plans for prosecuting him
— plans now brought to light in newly uncovered archival documents. At
the end of the First World War, Lloyd George declared: ‗The Kaiser must
be prosecuted. The war was a crime.‘ This was a radical departure from the
traditional approach to war, advancing the then-novel ideas that starting an
aggressive war was a crime, and that national leader could be held
criminally responsible. After the signing of the Versailles Treaty in June
1919, the British Attorney General, Sir Gordon Hewart, quietly began
laying the groundwork for Wilhelm II‘s prosecution, in case the latter fell
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Public International Law-I (Unit-IV) 47
into entente hands. These plans – unheralded then and overlooked since –
were set in motion in August 1919, when Hewart convened a meeting
between himself, the Solicitor General, the Procurator General, and two
senior barristers, Frederick Pollock and George Branson.
As it turned out, the ex-Kaiser never faced trial. Six days after the Versailles
Treaty came into force, the entente powers requested that the Netherlands,
where Wilhelm II had sought asylum, deliver him for trial. The Dutch
refused, and Hewart pulled the plug on the British prosecution project.
Ques 2) Write short note on doctrine of double criminality (2018, 2019)
Ans: The principle of double criminality provides that the act for which the
accused person or convict is requested to be extradited by the requesting state,
must be a crime in the territorial state as well. Meaning, the fugitive‘s activity
must constitute a crime in both the territorial state and the requesting state. For
example, if an individual is convicted of ‗perjury‘ under English Law, but his
acts do not constitute ‗perjury‘ under American Law, then America can reject
the request by England to extradite him. The double criminality requirement is
found in criminal proceedings with an international element and is one of the
most common prerequisites for international co-operation in criminal matters. It
is usually a condition to extraterritorial criminal jurisdiction and to various
forms of international co-operation in criminal matters, such as extradition,
judicial assistance, transfer of criminal proceedings, recognition and
enforcement of foreign judgements, etc.

DIPLOMATIC AGENTS
Ques 3) What are Diplomatic Agents? What are their kinds and
functions? How do you evaluate diplomatic relations between India
and Pakistan? (2017)
Or
Write short note on kinds of diplomatic agents (2018)

Write note on functions of Diplomatic Agents. (2019, 2023)

Or
Who are Diplomatic Agents? (2019)
Or
What are Diplomatic Agents? What are their kinds and functions? (2021)
Ans: Diplomatic Agents
Diplomatic agents are the persons who reside in foreign countries as the
representative of the country by whom they are despatched. They act as a link
between the country who despatch them and by whom they are accredited.
Therefore, they perform the act of diplomacy, which in International Law
means by which the States maintain or establish mutual relations and carry
out their legal or political transactions based on their foreign policies.
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48 TP Solved Series (LLB 3 Year First Semester) LU
Kinds of Diplomatic Agents
The Congress of Vienna (1815) classifies diplomatic agents into three types:
1) Ambassadors: Personal representatives of their heads of state, entitled
to the title ―Excellency,‖ and referred to as High Commissioners in
Commonwealth countries.
2) Ministers and Envoys: Do not hold the title of "Excellency" and are
not seen as personal representatives of their heads of state; their roles
are similar to ambassadors.
3) Chargés d'Affaires: Appointed by the foreign office, lacking the
honors of higher-ranking agents, and may serve permanently or
temporarily, often in newly recognized governments post-conflict.
Functions of Diplomatic Agents
1) Representation: Diplomatic agents represent the policies and interests of
their home state in the host country. This role is primarily held by the
head of the mission, acting as the spokesperson for their government.
2) Protection: They protect the rights and interests of their home state and
its nationals, within the limits set by the host country's laws.
3) Negotiation: Negotiation is a crucial function, where diplomatic
agents, especially the head of the mission, engage in discussions with
the host state to foster friendly relations and address various issues.
4) Observation: Diplomatic agents monitor events in the host state that
may impact their home state's interests and report their findings back to
their government.
5) Promotion of Friendly Relations: They work to enhance friendly
relations between the two states, focusing on social, cultural, and
economic connections.
6) Consular Functions: Diplomatic agents may also carry out consular
functions, including the registration of vital events (like births and
marriages) and the issuance of passports for their nationals.
Diplomatic Relations between India and Pakistan
The diplomatic relations between ―India‖ and ―Pakistan‖ are complex, marked
by a long history of conflict, competition, and occasional cooperation. The
most significant issue is the ―Kashmir dispute‖, which has led to multiple wars,
ongoing military tensions, and cross-border terrorism. Despite shared historical
ties, the two countries' relations have been deeply shaped by ideological
differences and security concerns, particularly since the 1947 partition. On the
one hand, ―confidence-building measures‖ like the ―Kartarpur Corridor‖
and people-to-people exchanges offer glimpses of cooperation. On the other
hand, repeated ―diplomatic crises‖, such as the 2001 Indian Parliament
attack, 2008 Mumbai attacks, and 2019 Pulwama bombing, have triggered
military confrontations, reinforcing the ―trust deficit‖.
Nuclear weapons in both countries add a dangerous dimension to the rivalry,
deterring full-scale conflict but creating a constant risk of escalation. Economic
and trade ties are limited, though both nations could benefit from improved
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Public International Law-I (Unit-IV) 49
regional cooperation. International mediators, particularly the U.S., China, and
UN, have played roles in trying to reduce tensions, but meaningful progress on
resolving key disputes, especially Kashmir, has been elusive.
Overall, the relationship remains ―fragile‖, with periods of tension often
outweighing periods of diplomatic engagement. For any sustainable peace,
both countries must address their core issues, particularly Kashmir, and
build greater trust through consistent dialogue and mutual concessions.
Ques 4) Discuss the immunities and privileges available to the
diplomatic agents. (2019, 2023)
Or
Explain immunities available to Diplomatic Agents. (2021)
Or
Write notes on Diplomatic Privileges and Immunities. (2022)
Ans: Diplomatic Immunities and Privileges
According to Vienna Convention on Diplomatic Relations (1961), here are
some essential immunities and privileges for diplomatic agents:
1) Inviolability of Diplomatic Agents: Diplomatic agents are inviolable,
meaning they cannot be arrested or detained. The receiving state must
respect their personal freedom and dignity and take measures to prevent
any attacks against them.
2) Obligations of the Receiving State: The receiving state is obligated to
avoid conduct harmful to diplomatic agents and must intervene to
prevent such conduct from others. However, this immunity is not
absolute; in exceptional cases (e.g., if a diplomat poses a threat), the
state may detain them.
3) Inviolability of Mission Staff: Members of the diplomatic mission‘s
administrative and technical staff also receive immunity, provided they
are not nationals or permanent residents of the host state. This includes
personal inviolability, inviolability of residence, immunity from
criminal jurisdiction, and exemptions from certain taxes and duties.
4) Tax Exemptions: Diplomatic agents are generally exempt from most
taxes, duties, and contributions in the host country, facilitating their
work and presence.
5) Freedom of Communication: They have the right to communicate
freely with their home government and other diplomatic missions,
essential for diplomatic relations.
6) Exemption from Legal Process: Diplomatic agents enjoy immunity
from civil and administrative jurisdiction in the host country, allowing
them to perform their functions without fear of legal repercussions.

CONSULS
Ques 5) Who are consuls? Critically comment on the recent action of
India with respect to Canadian consulate under the provisions of
International conventions.
*
(2023) *
50 TP Solved Series (LLB 3 Year First Semester) LU
Ans: Consuls are the agents of States residing abroad for a variety of
purposes. However, they are sent mainly to protect the interests of the
commerce and navigation of the appointing State.

In fact, the consular institution developed primarily as a means of

protecting trade. But, at present, they are sent for other purposes as well.
Consuls are not diplomatic agents, and as such, they do not enjoy all those
immunities and privileges which are granted to the diplomatic agents.
Consuls differ from diplomatic agents in many ways, particularly, in
respect of their mode of appointment and functions.

Recent Actions of India and Canada under the Provisions of

International Conventions
In recent months, tensions between India and Canada have escalated,
particularly following allegations involving the killing of a Canadian citizen
with links to a separatist movement in India. In response to these
developments, India has taken measures affecting the operations of
Canadian diplomatic missions in India.
Critical Commentary
1) Sovereignty and Diplomatic Relations: India‘s actions raise questions
about the balance between national sovereignty and international
diplomatic norms. While countries have the right to protect their
interests, actions that undermine the functionality of diplomatic
missions can lead to strained relations and violate principles established
by the Vienna Convention.
2) Impact on Diplomacy: Such measures can hinder diplomatic dialogue and
lead to further escalation of tensions. This could set a precedent for other
nations to take similar actions based on unilateral perceptions of threats,
which can undermine the spirit of cooperation in international relations.
3) Legal and Ethical Considerations: The actions taken must be
assessed in light of international law. If diplomatic agents are unduly
restricted in their functions or if their rights are violated, it could be
seen as a breach of international conventions.
4) Long-term Implications: The ongoing diplomatic spat could have long-
term implications for both countries‘ international standing and their
bilateral relations. This situation exemplifies the delicate nature of
diplomacy, where actions perceived as hostile can have cascading effects.

In conclusion, while diplomatic agents enjoy significant protections under

international law, the recent actions between India and Canada highlight the
complexities and challenges of maintaining effective diplomatic relations in
the face of national security concerns. It's essential for both parties to
engage in constructive dialogue to resolve their differences while respecting
diplomatic norms.
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Public International Law-I (Unit-IV) 51

BASIC PRINCIPLES OF INTERNATIONAL

CRIMINAL LAW
Ques 6) Write note on International Criminal Law. Explain the basic
principles of International Criminal Law in detail. (2021)
Or
Write a note on the basic principles of International Criminal Law
under various Geneva Conventions with special reference to Israel and
Hamas Episode. (2023)
Ans: International criminal law is a part of public international law. It is the
body of laws, agreements, and norms that govern international crimes and their
suppression, as well as regulations that tackle conflict and cooperation between
national criminal-law systems. Criminal law makes antisocial behaviour illegal
and punishable. Because each country's laws reflect its values, there are
occasionally considerable differences between the national laws of different
countries, both in terms of the nature of the crimes and the acceptable sanctions.

Basic Principles of International Criminal Law

1) The principle of state sovereignty is a fundamental principle of
international law, which holds that states have exclusive authority and
control over their territories, populations, and resources.
2) However, international criminal law challenges the principle of state
sovereignty by establishing the jurisdiction of international criminal
tribunals and the principle of universal jurisdiction.
3) The jurisdiction of international criminal tribunals is based on treaties,
such as the Rome Statute of the International Criminal Court, and can
be accepted by states through ratification or accession. This allows for
the prosecution of serious crimes committed by individuals who cannot
be prosecuted in their own countries.
4) Universal jurisdiction, as discussed earlier, allows states to exercise
jurisdiction over certain serious crimes regardless of where they were
committed or the nationality of the perpetrator or victim. This challenge
the principle of state sovereignty, as it allows states to prosecute
individuals for crimes committed outside their territory.
5) The tension between the principle of state sovereignty and international
criminal law has been a source of debate and criticism, with some
arguing that international criminal law undermines the sovereignty of
states, while others argue that it is necessary to ensure accountability
for serious crimes and prevent impunity.
6) Ultimately, the balance between state sovereignty and international
criminal law will continue to be a topic of debate and negotiation, as the
international community seeks to ensure accountability for serious crimes
while respecting the principles of international law and state sovereignty.
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52 TP Solved Series (LLB 3 Year First Semester) LU
7) The principle of state sovereignty is not absolute, and is subject to
limitations and obligations under international law, including the duty
to respect human rights and prevent serious crimes.
8) International criminal law does not aim to replace domestic criminal
law, but rather complements it by providing a framework for the
prosecution of serious crimes that transcend national borders.
9) International criminal law recognizes the importance of cooperation
between states in the investigation and prosecution of serious crimes, and
provides for mechanisms of mutual legal assistance and extradition.
10) The tension between state sovereignty and international criminal law
highlights the need for dialogue and cooperation between states and the
international community, in order to ensure that the principles of
international law and human rights are respected promoting
accountability for serious crimes.
Context of the Israel-Hamas Conflict
The ongoing conflict has raised significant allegations of war crimes on
both sides:
1) Hamas: The deliberate targeting of Israeli civilians and the taking of
hostages are clear violations of IHL and constitute war crimes. The
indiscriminate rocket attacks on Israeli communities also fall under this
category.
2) Israel: The extensive bombardment of Gaza, resulting in significant
civilian casualties, raises serious concerns about compliance with IHL.
Reports of using white phosphorus in populated areas, engaging in
collective punishment by cutting off essential supplies, and displacing
civilians could amount to war crimes.
The conflict between Israel and Hamas presents complex challenges
regarding these principles:
1) Distinction and Civilian Protection: Both parties have faced
accusations of failing to distinguish between military targets and
civilians. Israel‘s military operations in Gaza, aimed at Hamas, have
resulted in significant civilian casualties, raising questions about
adherence to the principles of distinction and proportionality.
Conversely, Hamas has been criticized for launching attacks from
civilian areas, effectively using civilians as shields.
2) Proportionality and Military Necessity: The scale of Israeli airstrikes
in response to rocket attacks by Hamas often leads to debates over
proportionality. Critics argue that the response can be disproportionate,
resulting in excessive civilian casualties. Conversely, Israel justifies its
actions as necessary for its self-defense against ongoing attacks.
3) Humanitarian Access: The conflict has severely impacted
humanitarian access in Gaza, raising concerns about compliance with
obligations to allow aid to reach civilians in need, which is fundamental
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under international law. *
Public International Law-I (Unit-IV) 53
4) Accountability for War Crimes: Allegations of war crimes have been
levied against both sides. Calls for investigations into potential violations
by both Israel and Hamas reflect the international community's emphasis
on accountability. The International Criminal Court (ICC) and other bodies
may play a role in addressing these violations.
Legal Implications
Both parties are bound by IHL, which applies irrespective of the actions of
the opposing side. This means that violations by one party do not justify
violations by the other. Moreover, Israel's continued occupation of
Palestinian territories imposes additional responsibilities under IHL to
ensure the well-being of the civilian population.
Accountability Mechanisms
The International Criminal Court (ICC) has jurisdiction over war crimes
committed in the Occupied Palestinian Territories. Ongoing investigations
could lead to accountability for those responsible for serious violations,
emphasizing the necessity of enforcing international legal standards to
prevent further atrocities.
Conclusion
The principles of International Criminal Law, as outlined in the Geneva
Conventions, serve as critical guidelines for conduct during armed conflict.
The ongoing Israel-Hamas conflict highlights the challenges of enforcing
these principles in practice, where violations by both sides can lead to
significant humanitarian crises. Upholding these legal standards is essential
for ensuring accountability and protecting civilians in future conflicts.
Ques 7) Assess the role of Nuremberg Trial in the development of
International Criminal Law. (2022)
Ans: Role in Nuremberg Trial in the Development of International
Criminal Law:
The Nuremberg trials were a series of military trials in the city of
Nuremberg, Germany. In these trials, senior Nazi officials were tried for the
crimes that were committed during World War II. The first trial was of the
major war criminals that were held between 20 November 1945 and 1
October 1946. Twenty-Four defendants and seven organisations were
prosecuted. This trial played a crucial role in establishing the seven
Nuremberg Principles, which are recognized by the Charter of the
International Military Tribunal and its judgments. The principles include:
1) Individual responsibility
2) Liability of heads of state or government under international law
3) Superior orders do not constitute a valid defense
4) A list of crimes punishable under international law
The trials included twelve additional ones, such as the ―Judge's Trial‖ and
the ―Doctor‘s Trials.‖ These aimed to prosecute judges, lawyers, and
doctors who supported the Nazi program for ―racial purity‖ by misusing
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54 TP Solved Series (LLB 3 Year First Semester) LU
their power. The tribunal also recognized ten principles that became
foundational to modern medical ethics. The Nuremberg trials made three
important contributions to international law.
1) First, they established a precedent that all persons, regardless of their
status, can be held individually accountable for their behaviour during
times of war. Defendants cannot shield themselves from personal
responsibility by blaming the country or government, under whose
orders they committed the particular war crime.
2) Second, the Nuremberg trials established that individuals cannot guard
themselves from liability for war crimes by asserting that they were
simply following orders issued by a superior in the official hierarchy.
Orders to initiate aggressive warfare, to violate recognized rules and
customs of warfare, or to persecute civilians and prisoners are
considered illegal under the Nuremberg principles.
3) Third, the trials outlined the war crimes that are punishable under
international law: crimes against peace, crimes against humanity, and
crimes in violation of transnational obligations embodied in treaties and
other agreements. Before the Nuremberg trials, these crimes were not
well defined, and persons who committed such crimes had never been
punished by an international tribunal.
The UN General Assembly affirmed in Resolution 95(I) of December
11, 1946, the ―Principles of International Law Recognised by the
Charter of the Nuremberg Tribunal.‖ The illegality of aggression was
further discussed in a 1974 UN General Assembly resolution defining
aggression with regard to state responsibility, and in the Draft Code of
Crimes against the Peace and Security of Mankind, which was adopted
by the International Law Commission.
Ques 8) Explain the Enrica lexie Incident. (2022)
Ans: Enrica Lexie Incident
In the Arabian Sea on 15 February, 2012, two Indian fishermen on board a
fishing vessel (the ―St Antony‖) were killed by shots allegedly fired by two
Italian marines on board the Italian oil tanker, the Enrika Lexie. The St
Antony was approximately 20.5 nautical miles off the coast of Kerala, India
when the incident occurred. The Italian ship continued sailing for almost
three hours after the incident. The Indian Coast Guard intercepted the
Italian ship approximately 59 nautical miles and ordered it to navigate to
the nearby Indian port of Kochi. There, the Italian marines were arrested
and charged with murder under Sec.302 of the Indian Penal Code. The
jurisdiction over the event is contested by Italy and India with Italy seeking
provisional orders from the International Tribunal for the Law of the Sea
compelling India to cease prosecutions and release the Italian marines held
in custody until such time as the UNCLOS Arbitral Tribunal can determine
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Public International Law-I (Unit-IV) 55
which nation can exercise jurisdiction. Charges of Murder (Section 300 of
the Indian Penal Code), Mischief (Section 425 of the Indian Penal Code)
etc. were levied against the captured Italian Mariners.
Case before the International Tribunal for the Law of the Sea (ITLOS)
Italy on June 2015 instituted proceedings against India in the international
arbitration tribunal and informed India with a written notice for the same.
Italy requested an arbitral tribunal to be constituted under Annex VII to the
United Nations Convention on the Law of the Sea 1982 (UNCLOS) to
adjudge and declare that:
1) India has acted and is acting in breach of international law by asserting
and exercising jurisdiction over the Enrica Lexie and the Italian
Marines in connection with the incident;
2) The assertion and exercise of criminal jurisdiction by India is in
violation of India‘s obligation to respect the immunity of the Italian
Marines as State officials exercising official functions;
3) Italy, as the flag State and State of nationality, has exclusive
jurisdiction over the Enrica Lexie and over the Italian Marines in
connection with the incident;
4) India must cease to exercise any form of jurisdiction over the Enrica
Lexie incident and the Italian Marines, including any measure of
restraint with respect to Sergeant Latorre and Sergeant Girone;
5) India has violated its obligation under the Convention to co-operate in
the repression of piracy.

However, ITLOS, promoting the peace-keeping ideology submitted that

both the countries should suspend any penal proceedings on immediate
basis and shall stop any future conviction and aggravate the situation.
Though the arbitration tribunal rejected Italy‘s request to release the
mariners as the case had already been adjudicated.

The Outcome of This Enrica Lexie Case

This issue leads to a political crisis between the country and a diplomatic
dispute between them. Finally, on July 2, 2020, the Permanent Court of
Arbitration gave its final verdict, in this case, it stated that India had not
violated any ground in articles 87,92,97 and 100 as the opposition had
contended to do so.

―India is precluded from exercising its jurisdiction over the Marines

―and must cease doing so as a form of sufficient remedy. It also said that
the Italian republic had breach articles 87 and 90 of UNCLOS. The
tribunal said India is entitled to claim damages for physical harm,
mental harm, and also moral harm suffered by the captain and crew
member after this the Italian republic gave monetary compensation to
the victim family of 1 crore rupees.
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56 TP Solved Series (LLB 3 Year First Semester) LU

UNIVERSITY OF LUCKNOW
LLB - FIRST SEMESTER EXAMINATION - 2017
PUBLIC INTERNATIONAL LAW-I
Time: 3 Hours Max. Marks: 100
Note: Answer Five questions in all. Question No. 1 of short answer type is
compulsory. Besides this, One question is to be attempted from each unit.
Ques 1) Write short notes on the following: (4×10=40)
Ques 1 a) Origin of international law.
Ans: Refer Unit-1, Ques. No. 1, Page No. 5

Ques 1 b) Role of positive morality in making international law.

Ans: Refer Unit-1, Ques. No. 3, Page No. 7

Ques 1 c) Hugo Grotius

Ans: Refer Unit-3, Ques. No., Page No.

Ques 1 d) Treaty as a source of International Law

Ans: Refer Unit-1, Ques. No. 5, Page No. 9

Ques 1 e) Protectorate States

Ans: Refer Unit-2, Ques. No., Page No.

Ques 1 f) Conditional Recognition

Ans: Refer Unit-2, Ques. No., Page No.

Ques 1 g) Panama Canal

Ans: Refer Unit-3, Ques. No., Page No.

Ques 1 h) Paris Convention, 1919

Ans: Refer Unit-3, Ques. No., Page No.

Ques 1 i)Rights of coastal states

Ans: Refer Unit-3, Ques. No., Page No.

Ques 1 j) Position of Jammu-Kashmir under international law.

Ans: Refer Unit-4, Ques. No., Page No.

UNIT-I
Ques 2) What do you mean by International law? Discuss its nature and
scope in the emerging of global challenges in the fields of environmental
pollution and terrorism. (15)
Ans: Refer Unit-1, Ques. No. 5, Page No. 5

Ques 3) Discuss custom as source of International Law. (15)

Ans: Refer Unit-1, Ques. No. 5, Page No. 9
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Solved Paper (2017) 57
UNIT-II
Ques 4) What do you mean by state succession and its kinds? Discuss the
consequences of the state succession in brief. (15)
Ans: Refer Unit-2, Ques. No. 3, Page No. 19

Ques 5) What is state territorial jurisdiction and its limitations? Explain

them. (15)
Out of Syllabus

UNIT-III
Ques 6) Write notes on the following: (71/2+71/2)
Ques 6 a) Maritime Belt
Ans: Refer Unit-3, Ques. No. 9 (a), Page No. 36

Ques 6 b) Contiguous Zone

Ans: Refer Unit-3, Ques. No. 9 (b), Page No. 36

Ques 7) Discuss various modes of acquisition of state territory. (15)

Ans: Refer Unit-3, Ques. No. 1, Page No. 28
UNIT-IV
Ques 8) What is legal position of Asylum in International Law? What are the
rights of the person who seeks asylum? Discuss the cases of asylum in India.
(15)
Ans: Out of Syllabus

Ques 9) What are Diplomatic Agents? What are their kinds and
functions? How do you evaluate diplomatic relations between India and
Pakistan? (15)
Ans: Refer Unit-4, Ques. No.3, Page No. 47

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58 TP Solved Series (LLB 3 Year First Semester) LU

UNIVERSITY OF LUCKNOW
LLB - FIRST SEMESTER EXAMINATION - 2018
PUBLIC INTERNATIONAL LAW-I
Time: 3 Hours Max. Marks: 100
Note: Answer Five questions in all. Question No. 1 of short answer type is
compulsory. Besides this, one question is to be attempted from each unit.
Ques 1) Write short notes on the following: (4×10=40)
Ques 1 a) Define International law.
Ans: Refer Unit-1, Ques. No. 2, Page No. 5
Ques 1 b) “International law is vanishing point of jurisprudence.” Whose
opinion was this and what is the reason thereof?
Ans: Refer Unit-1, Ques. No. 4, Page No. 8
Ques 1 c) What is the view of Austin of International law?
Ans: Refer Unit-1, Ques. No. 3, Page No. 7
Ques 1 d) What is the role of customs in making international law?
Ans: Refer Unit-1, Ques. No. 7, Page No.12
Ques 1 e) Kinds of state succession.
Ans: Refer Unit-2, Ques. No. 3, Page No. 19
Ques 1 f) Maritime Belt
Ans: Refer Unit-3, Ques. No. 9 (a), Page No. 36
Ques 1 g) Contiguous Zone
Ans: Refer Unit-3, Ques. No. 9 (b), Page No. 36
Ques 1 h) The rights of the person who seeks asylum.
Out of Syllabus
Ques 1 i) Kinds of diplomatic agents
Ans: Refer Unit-4, Ques. No. 3, Page No. 47
Ques 1 j) Doctrine of double criminality
Ans: Refer Unit-4, Ques. No. 2, Page No. 47

UNIT-I
Ques 2) What is difference between Monism and Dualism? Discuss it. (15)
Ans: Refer Unit-1, Ques. No. 9, Page No. 14

Ques 3) What is sovereignty of states? How has it been decaying as the

influence of international law expands day by day? Evaluate it. (15)
Ans: Refer Unit-1, Ques. No. 11, Page. No. 14
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Solved Paper (2018) 59
UNIT-II
Ques 4) Define „recognition‟ of states. What are its theories and what is its
legal effect on the states? (15)
Ans: Refer Unit-2, Ques. No. 1, Page No. 16

Ques 5) What is „intervention‟? What are the grounds of intervention? Is

terrorist activity of Pakistan on Indian soil be a kind of intervention? (15)
Ans: Refer Unit-2, Ques. No. 5, Page No. 22

UNIT-III
Ques 6) Explain „Air space‟. What are its various theories? Discuss five
Freedoms of Air. (15)
Ans: Refer Unit-3, Ques. No., Pg. No.

Ques 7) Write notes on the following: (15)

Ques 7 a) The High Seas
Ans: Refer Unit-3, Ques. No. 10(a), Pg. No. 36

Ques 7 b) Piracy
Ans: Refer Unit-3, Ques. No. 10 (b), Pg. No. 36

UNIT-IV
Ques 8) Define Extradition and explain its purpose. When can an offender
be extradited? (15)
Ans: Refer Unit-4, Ques. No. 1, Page No. 43

Ques 9) Explain the followings: (15)

Ques 9 a) Pacta Sunt Servanda
Out of Syllabus

Ques 9 b) Jus Cogens

Out of Syllabus

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62 TP Solved Series (LLB 3 Year First Semester) LU

UNIVERSITY OF LUCKNOW
LLB - FIRST SEMESTER EXAMINATION - 2021
PUBLIC INTERNATIONAL LAW-I
Time: 3 Hours Max. Marks: 70
Note: Answer Five questions in all.
Ques 1) What do you mean by International Law? Is International Law a
true law? Discuss.
Ans: Refer Unit-1, Ques No. 2, Page No. 5
Ques 2) Discuss custom as a source of International Law.
Ans: Refer Unit-1, Ques No. 5, Page No. 9
Ques 3) Elaborate the relationship between Public International Law and
Municipal Law.
Ans: Refer Unit-1, Ques No. 8, Page No. 12
Ques 4) What is Recognition? Explain. Discuss the kinds and legal effects
of Recognition.
Ans: Refer Unit-2, Ques No. 1, Page No. 16
Ques 5) What is state succession? Explain the kinds of succession and the
consequences of state succession.
Ans: Refer Unit-2, Ques No. 3, Page No. 19
Ques 6) Define meaning of the word “Intervention”. What are the kinds
and grounds of Intervention under Public International Law?
Ans: Refer Unit-2, Ques No. 5, Page No. 22
Ques 7) Discuss various modes of acquisition of State Territory.
Ans: Refer Unit-3, Ques No. 1, Page No. 28
Ques 8) Explain the basic principles of International Criminal Law in
detail.
Ans: Refer Unit-4, Ques No. 6, Page No. 51
Ques 9) What are Diplomatic Agents? What are their kinds and functions?
Explain immunities available to Diplomatic Agents.
Ans: Refer Unit-4, Ques No. 3, Page No. 47

Immunities Available to Diplomatic Agents

Refer Unit-4, Ques No. 4, Page No. 49
Ques 10) What is meaning, definition and purpose of Extradition? What
are essential conditions of granting extradition or restriction on
surrender?
Ans: Refer Unit-4, Ques No. 1, Page No. 43

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Solved Paper (2022) 63
UNIVERSITY OF LUCKNOW
LLB - FIRST SEMESTER EXAMINATION - 2022
PUBLIC INTERNATIONAL LAW-I
Time: 3 Hours Max. Marks: 100
Note: Answer any Five questions. All questions carry equal marks.
Ques 1) Why is Hugo Grotius called the Father of Public International Law?
Ans: Refer Unit-3, Ques No. 6, Page No. 34
Ques 2) Write a note on Westphalian Sovereignty.
Ans: Refer Unit-1, Ques No. 12, Page No. 22
Ques 3) What is the importance of the Reparations Case?
Ans: Refer Unit-3, Ques No. 13, Page No. 41
Ques 4) Write a note on the concept of Responsibility to Protect.
Ans: Refer Unit-2, Ques No. 7, Page No. 25
Explain the main features of State Responsibility.
Ans: Refer Unit-2, Ques No. 8, Page No. 26
Ques 6) Explain the Enrica lexie Incident.
Ans: Refer Unit-4, Ques No. 8, Page No. 54
Ques 7) Explain the concept of self-determination and compare it with
secession.
Ans: Refer Unit-3, Ques No. 2, Page No. 30
Ques 8) Assess the role of Nuremberg Trial in the development of
International Criminal Law.
Ans: Refer Unit-4, Ques No. 7, Page No. 53
Ques 9) Write a note on ITLOS (International Tribunal for Law of Sea).
Ans: Refer Unit-3, Ques No. 11, Page No. 38
Ques 10) Write notes on any Two of the following:
Ques 10 i) Vienna Convention Law of Treaties, 1969 and Pacta Sunt
Servanda.
Ans: Vienna Convention Law of Treaties, 1969
Out of Syllabus
Pacta Sunt Servanda
Out of Syllabus
Ques 10 ii) Jus Cogens
Out of Syllabus
Ques 10 iii) Diplomatic Privileges and Immunities.
Refer Unit-4, Ques No. 4, Page No. 49
Ques 10 iv) Legal Monism.
Refer Unit-1, Ques No. 10, Page No. 14
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64 TP Solved Series (LLB 3 Year First Semester) LU

UNIVERSITY OF LUCKNOW
LLB - FIRST SEMESTER EXAMINATION - 2023
PUBLIC INTERNATIONAL LAW-I
Time: 3 Hours Max. Marks: 70
Note: Answer any Five questions. All questions carry equal marks.
Ques 1) Define „International Law‟. “International Law is the vanishing
point of jurisprudence.” Discuss in detail and explain whether
International Law is a true law?
Ans: International Law
Refer Unit-1, Ques. No. 2, Page No. 5
“International Law is the vanishing point of jurisprudence.” And Whether
International Law or True Law
Refer Unit-1, Ques. No. 4, Page No. 8
Ques 2) Discuss various sources of International Law.
Ans: Refer Unit-1, Ques. No. 5, Page No. 9
Ques 3) Discuss various theories regarding relation between International
Law and Municipal Law.
Ans: Refer Unit-1, Ques. No. 8, Page No. 12
Ques 4) Explain the statement that “Recognition is the combination of
constitutive and declaratory theories only.
Ans: Refer Unit-2, Ques. No. 1, PageNo. 16
Ques 5) “State succession is a part of jurisdiction of international Law.”
Explain the statement and discuss the obligations of the succeeding state.
Ans: Refer Unit-2, Ques. No. 4, Page No. 21
Ques 6) Explain the law relating to Territorial sea, contiguous zone
continental shelf and economic zone.
Ans: Refer Unit-3, Ques. No. 12, Page No. 39
Ques 7) Discuss the modes of acquiring and losing state territory.
Ans: Refer Unit-3, Ques. No. 1, Page No. 28
Ques 8) Discuss the various conditions of „Extradition‟ and explain why
political offenders are not extradited?
Ans: Refer Unit-4, Ques. No. 1, Page No. 43
Ques 9) Discuss the functions, immunities and privileges available to the
diplomatic agents. Critically comment on the recent action of India with
respect to Canadian consulate under the provisions of International
conventions.
Ans: Refer Unit-4, Ques. No. 5, Page No. 49
Ques 10) Write a note on the basic principles of International Criminal
Law under various Geneva Conventions with special reference to Israel
and Hamas Episode.
Ans: Refer Unit-4, Ques. No. 6, Page No. 51
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