CSS International Law Past Paper 2023
PART-II (Subjective) 80 Marks
Attempt ONLY FOUR Questions from PART-II. (20×4)
PART-II
Q. No. 2. “States continue to be the principal subjects of international legal relations but non-state entities exert a great deal of influence on the legal system.” Examine the statement with reference to rights and duties of international organizations under the law.
Q. No. 3. Territory is undoubtedly the basic characteristic of a state as well as the most widely accepted and understood – elaborate with reference to the exclusive rights of states on land and air territory.
Q. No. 4. Does the customary international law grant the right to use force to a state in response to a terrorist attack on it? Substantiate your answer by arguing from Article 51 and Paragraph 4 of Article 2 of the UN Charter and other recent examples in this regard.
Q. No. 5. Define treaty according to Vienna Convention on the Law of Treaties 1969 and explain the following:
(i) Nature of relationship of a state with an individual
(ii) Territorial and extra-territorial asylum
(iii) The Nottebohm Case
Q. No. 6. According to Austin’s laws, “properly so-called” are the commands of a sovereign, and “International Law is no law; it is only positive morality.” In Fitzmaurice’s view, “a necessary characteristic of any system of law, ‘properly so-called’ is its enforceability, and international law possesses that characteristic, even if only in a rough and rudimentary form.”
In the light of the above statements, discuss the true nature of international law while taking into account the developments that have taken place after the Second World War.
Q. No. 7. What are the constituent elements of international responsibility? Also, discuss the forms of reparation for the breach of an obligation by a state with the help of relevant provisions of the Draft Code of International Law Commission on Responsibility of States for Internationally Wrongful Acts, 2001.
Q. No. 8. The International Court of Justice (ICJ) has no so-called compulsory jurisdiction.
(a) Explain under what circumstances the ICJ has jurisdiction to settle an inter-state dispute.
(b) Explain whether or not, in the view of the ICJ, its “provisional measures” are binding.