CSS International Law Past Paper 2019

PART-II (Subjective) 80 Marks

Attempt ONLY FOUR Questions from PART-II. (20×4)

PART-II

Q. No. 2. Why is it difficult to render accurately a historical account of the origin of international law? What should be the focus of any account as to how and why international law began?

Q. No. 3. Distinguish between monism and dualism. To what extent do both monism and dualism explain how states relate to international law? Critically discuss, ‘Incorporation and transformation are two modalities for adopting international law into the municipal legal system.’

Q. No. 4. A state may exercise its territorial jurisdiction once a crime is committed on its territory, regardless of where the crime starts or ends. Discuss.

Q. No. 5. What is the general principle governing the imputability of conduct of insurrectional groups to a state? To what extent can the unlawful acts of a rebel movement that is successful in controlling parts of a state be imputed to the state?

Q. No. 6. A state that first physically occupies a territory retains sovereignty over it forever. To what extent is this statement true regarding the acquisition of territory in international law?

Q. No. 7. What is international criminal law? Describe the composition, basis, and jurisdiction of the International Criminal Court (ICC), especially with reference to non-state parties. List all the conditions for the exercise of jurisdiction by the ICC.

Q. No. 8. Article 2(4) of the UN Charter is an absolute prohibition of the use or threat of force. Analyse the validity of this statement in light of writers’ and states’ approaches to interpreting the article.