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C PIL Problems 03

This document provides a compilation of past examination questions from the International Law course at KSLU between June 2011 and March 2022. It is organized by topic, sub-topic, and year. The questions cover various issues in international law including territorial disputes over islands, withdrawal of state recognition, territorial jurisdiction, and state responsibility. Users are advised to refer to original exam question papers from KSLU for accurate information and to prepare as per the university's prescribed syllabus.

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0% found this document useful (0 votes)
250 views13 pages

C PIL Problems 03

This document provides a compilation of past examination questions from the International Law course at KSLU between June 2011 and March 2022. It is organized by topic, sub-topic, and year. The questions cover various issues in international law including territorial disputes over islands, withdrawal of state recognition, territorial jurisdiction, and state responsibility. Users are advised to refer to original exam question papers from KSLU for accurate information and to prepare as per the university's prescribed syllabus.

Uploaded by

Maybe 007
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 13

About the document Compilation of Questions

Subject International Law-Course 1 IV


Semester

Category Problem Type Question

University KSLU

Period Covered June-2011 to March-2020

Updated status No-01 June-2022

No-02 June-2022

No-03 August-2022

Note-Pl check units.

Very Important

This compilation has been prepared with the objective of giving an idea to students about past
examination questions.

Due care has been taken to avoid errors or omissions in the work, but in spite of best efforts and
cautions, errors or omissions may have crept inadvertently. The Management would be obliged if any
such error or omission is brought to its knowledge for possible corrections in a future edition.

The compilation is being made available on the specific condition and understanding that neither the
Management nor any member of faculty or anyone concerned with SJRCL would be liable nor
responsible in any manner whatsoever to anyone for any error or omission in the compilation.

For accurate information, users are advised to refer to the previous exam question papers of KSLU.
Further students are advised to prepare for examinations as per the syllabus prescribed by KSLU from
time to time.

Page 1 of 13
Detailed Index

Unit-II

Claim on Island

Withdrawal of recognition

Revocation of defacto recognition

Suit by State not yet recognized

Arrest in the territory of other


State

USA troops in Iran

Unit-III

Unit-IV

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Unit-V

Page 3 of 13
Sub Topic Main Question Year

Unit-II

Claim on In a dispute between State ‘A’ and State ‘B’ over an Island June-2011
island ‘C’, State ‘A’ claims the title to it on the basis that State ‘X’
had discovered that Island first and it sold the same to
State ‘A’. But State ‘B’ argues that the Island is in its
continuous peaceful possession for more than 70 years
and hence it had right over it. Decide

‘A’ state claims Sovereignty over an Island on the ground Dec-2012


that it has discovered the same, but ‘A’ state has no
effective Sovereignty on the Island. ‘B’ state also claims
Sovereignty on the same Island on the ground that it has
had effective control and Sovereignty over the Island for
last three hundred years.

Which state has Sovereignty over the Island

The state of Indonesia claims a fishing island in the Indian Dec-2016


Ocean as part of its territory because it is close to

Page 4 of 13
Indonesia. The island has been in Indian occupation for
over a century though there is no permanent population
on the island. Which state can claim legally the territory of
the fishing island? Decide.

State H claims the island on the ground of continuous June-2018


exercise of sovereignty with willful intention. But State N
claims the Island on the basis of the treaty with A to
which the island was the colony. Decide

Withdrawal of State ‘A’ was accorded recognition on the condition that, it June-2013
recognition shall not impose any religious disabilities on its subjects.
June-2016
State ‘A’ community* breach of this condition. Can the
Nov-2021
recognition is given to it be withdrawn?

*Spelling mistake in June-2013 QP. It must be “commits”

(in 2016 and 2021 it was correctly mentioned as commits)

Revocation of State MR confers defacto recognition upon State. June-


defacto Subsequently, State MR revokes the defacto recognition 2019[100m]
recognition on the ground that AB is engaged in the violation of
International Law.Is the act of MR State justifiable?

Suit by State A is a new state which is not yet recognized by state B. A June-2014
not yet state wants to file a suit against a company in the courts
recognized of state B. Can it do so?

State ‘A’ has not recognized the new State ‘B’. State ‘B’ April-2021
wants to file a suit against a company in a court of State
‘A’. Can it do so? Advice.

Arrest in the Authorities of state X enter the territory of neighbouring Dec-2017


territory of state Y to arrest a fugitive offender, without the knowledge
other State of State Y. Whether their action lawful? Decide

USA troops in A team of USA military troop was on the ground in Iraq June-2015
Iran against the Jihadists. Is USA violated any rule of
International Law? Give reason.

Page 5 of 13
Unit-III

Territorial ‘A’ an American citizen was arrested in Mexico for having June-2013
Jurisdiction published in Texas an article alleged to constitute a libel
June-2016
over Criminals on a Mexicon citizen. Can Mexico prosecute him?

[Hint- Cutting Case]

Three Indian fisherman involved in a case of alleged drug June-2015


trafficking in Sri Lanka. They were arrested by the Sri
Lankan Navy. The Colombo High Court awarded death
penalty to three Indian fisherman. Now can Indian
Diplomatic envoys release these three Indian fishermen?
Give reason.

Note-The Columba HC had sentenced 5 Indians to death


in Nov 2014, And in June 2015 th question was asked.
This indicates that latest developments may be asked in
exam

S, a British subject, fires across the channel and kills a Dec-2016


fisherman on the shore of France. In this case, Britain
claimed jurisdiction over S, because S is a Britain subject
and the crime was committed within the territory of
Britain. France can also claim jurisdiction because though
the crime was initiated in Britain, it was completed or
consummated in the French territory. Decide.

X’ an Indian politician to avoid arrest by Lokayuktha Dec-2012


Authorities takes refuge in a merchant ship of state ‘Y’
Dec-2014
which is stationed in the territorial sea of India. Can
Indian Lokayuktha Authorities arrest him?

State Three American citizens were attacked by a mob in June-2014


responsibility Mexico. The Mayor of Mexico ordered the troops to protect
them. Troops instead of protecting them opened fire on
American and killed them. Is Mexico liable?

Mexico sent troops to protect three Americans from a mob Dec-2017

Page 6 of 13
in its territory. Instead of protecting them, the troops
opened fire on the Americans and killed them. Is Mexico
Dec-2020
liable for the wrongs of the troops? Decide

A factory situated in state X releases poisonous gas. The Dec-2017


poisonous gas is carried away by wind to the territory of
Dec-2018
the neighbouring state Y and caused heavy loss there. Can
Nov-2021
state X be held responsible for the loss to Y ?

The factory run by private individual in H R state causes June-2019


BC State’s loss of inhabitants. State BC sues State HR for
compensation. Decide the liability of HR State.

A,B,C D four nationals belonging to State Z cause June-2018


grievous hurt to foreign citizens M. State Z claims an
exemption on the ground that the act has not been caused
by its officials. Determine the liability of State Z

A National of State A while traveling in State B was Mar-


attacked in a mob rioting. Can the State B be held 2022[80M]
responsible for the injuries caused to him? Decide

A Portuguese subject residing in India is mobbed and his Dec-2015


property is plundered by the mob. India is refusing to pay
damages to Portugal, Portugal blockades the Indian coast
and ordered the capture of Indian vessels. Advice
Portuguese to claim damages.

A British National X was seriously injured by a French Nov-


National Y in the presence of several persons in France. X 2021(100M)
lodged a complaint. The French Government did not arrest
and took* action against Y even after eight Years. Now
British Government wants to claim compensation on
behalf of X. Advice.

*Grammar error. It should be “take”

Fishermen of State X were fishing in the exclusive Dec-2018


Economic Zone of neighbouring State Y. State Y
prevented them from fishing. State X Contends that its

Page 7 of 13
fishermen can fish beyond the territorial sea of State Y. Is
the contention of State Y valid? Decide.

A merchant ship while leaving the territorial sea of State April-2021


‘X’ violates rules of State ‘X’. Coast guards of State X
signal the merchant ship to stop. Despite this the ship
speeds out beyond the territorial sea of State ‘X’. What
immediate action can be taken by State ‘X’? Advice

A merchant ship violated the Municipal regulations of a Nov-


state X. A patrolling vessel of a State gave audio visual 2021the
signal to stop. Ignoring the same the ship entered the high [100M]
seas. Can the ship be captured on the high sea by the
State. Decide.

Unit-IV

The king of State ‘A’ during his stay in State ‘B’ promised June-2011
to marry Ms. Mary. Subsequently, the promise was not
fulfilled. Ms. Mary files a case in State ‘B’ for breach of
promise. Decide

Hint-Mighell V. Sultan of Johore Case

The King of state ‘A’ during his stay in state ‘B’ promised Dec-2012
to marry Miss Bobby. Subsequently, King refused to
Dec-2020
marry her. Miss Bobby wants to file a suit against the
April-2021*
King in state B. Can she do so

The diplomat of State ‘A’ was supplying weapons to a June-2011


banned outfit in violation of local laws, in State ‘B’. When
he was caught, he claims diplomatic immunity. Can he
succeed

‘A’ a citizen of the state ‘X’, while serving as a soldier ran June-2013
away to neighboring State ‘Y’, as he was fed up with army
discipline. On a request by state ‘X’ for the extradition of

Page 8 of 13
‘A’ state ‘Y’ police arrested ‘A’. ‘A’ filed a writ petition in the
courts of state ‘Y’. Contending that he was not
extraditable. State ‘Y’ follows general ‘International
Practice’ Decide

Mary a Russian ambassador’s wife in New Delhi has June-2014


opened a beauty parlor in New Delhi. Rekha an Indian
woman who went to the pparlor suffered facial injury by
the treatment given by Marry. Rekha filed suit against
Marry to recover damages. Marry pleads diplomatic
immunity. Decide

The diplomat of State "A" was supplying weapons to a Dec-2014


banned out fit in violation of Local Laws, in State "B".
When he was caught* he claims diplomatic immunity. Can
he succeed?

*Spelling mistake- should be caught

Mr. ‘Pinto’ was a clerk at Indian Embassy in England. He June-2015


was dismissed from service on the charge of stealing
documents. On the same day, the Indian Ambassador
waived his immunities in this respect. Mr. Pinto was
arrested and tried. He claimed that being a servant of
diplomatic envoy he was immuned from the court
proceedings. Whether he succeed in this case? Give
reason

David, son of Swedish Ambassador to India, makes an June-2016


accident in Delhi while driving his car and it resulted in
severe injury to “X” an Indian Citizen. In a Suit for
damages by “X” against David in Delhi Courts, David
claims diplomatic immunity. Decide

The divorced daughter of Hungarian diplomatic agent in Dec-2016


India comes to India as a tourist. She causes a car
accident and thereby a person is killed. A case was filed
against her in India. She claims immunity in her defense.
Decide.

Page 9 of 13
State ‘T’ got ‘S’ extradited from State ‘R’ on the ground June-2017
that he had fled to ‘R’ after murdering a fellow servant in a
ship belonging to ‘T’. In ‘T’ , S is now being tried not for
murder but for causing grievous hurt to a fellow servant.

Is it justifiable on the part of ‘T’ to do so ? Decide

Case Law A and B, the two cricket players of England are included June-2017
in English cricket team scheduled to visit India between
Civil Right
November 2016 and February 2016* to play six cricket
Vigilence v
matches in different places in India. The two players have
UOI9Kar HC0
played some cricket matches in “Bantuland” which is still
1982
practising the policy of apartheid. The Government of
Players
India is a party to the “Gleneagles Accord” entered into by
involved Geoff
the member countries of the Commonwealth wherein they
Boycott and
affirmed their full support for the international campaign
Geof Cook
against apartheid.
[AIR 1983 Kant Civil Rights Vigilance Committee, a N.G.O. questions the

85, 1982 (2) decision of the Government of India to allow the English
Kar LJ 208] cricket team including these two players to play cricket
matches in India. Decide.

*Spelling mistake. It should be 2017

June-2018

check if State A enters into a neutrality treaty with State H. June-2018


requires to be Subsequently, State R which* replaces State R as the
placed in Unit successor. State R refuses to follow the condition of the
III, which also treaty. Decide the responsibility of State R.
contains the
topic “State
*The word “which” is not required. With the word “which”
Responsibility”
sentence becomes Grammatically incorrect

‘ML’ state enters into an alliance agreement with ‘CD’ Dec-2019


state. The succession state of ‘ML’ state refuses to follow

Page 10 of 13
the terms of alliance agreement. Decide the liability of
successor state.

B a member of the banned organization in a State X kills a Dec-2018


Minister of State X and flees to State Y. State X demands
Nov-2021
his extradition. B pleads he is a political offender. Decide.

N takes shelter in the XY state after committing offence in July-2019


RA State. A State demands extradition of Decide the
liability of State XY.

State ‘NA’ provides asylum to ‘X’ who is imputed under Dec-2019


political natured charges in its diplomatic office situated
in ‘MX’ state. ‘MX’ demands surrender of ‘X’ for the trial of
charges. Decide the liability of ‘NA’ state.

‘Z’, son of a diplomat causes the death of ‘H’ in an Dec-2019


accident. He pleads immunity to defend himself against
the liability. Decide

State ‘X’ get ‘A’ extradited from state ‘Y’ on the ground that Dec-2020
he had filed to ‘Y’ after murdering a fellow servant in a
ship belonging to ‘X’. In ‘X’, ‘A’ is tried not for murder but
for causing grievous hurt to a fellow servant. Is X’s act
justifiable? Decide

State “A” procured the consent of State “B” to a treaty Nov-


coercion of its representative directed against him. State 2021[100M]
“A” wants to enforce the treaty. Is the treaty Valid? Advice
“B.””

State “A” requests State “X” to surrender a fugitive Mar-


offender Mr “B” who is National of State “A” .State “X” 2022[80M]
initiates the process of surrender. Mr “B” Contends that
there is no extradition treaty between State “A” and “X”.

X" Company is registered in India. Its shareholders are Dec-2014


nationals of England. The property of "X" Company,
situated in Japan, was damaged due to the negligence of
policemen of Japan. England claims compensation on
behalf of the Company before International Court of

Page 11 of 13
Justice. Can it succeed?

Unit-V

To identify Units

A company registered in India was carrying on trade in Dec-2015


Sikkim before it become part of India. The Government of
Sikkim confiscated a few consignments sent to the
company’s office in Sikkim from India. The Company
claims two consignments or their value from the
Government of India. Is the Sikkim can claim it? Decide.

A company registered in India was carrying on trade in Dec-2015


Sikkim before it become part of India. The Government of
Sikkim confiscated a few consignments sent to the
company’s office in Sikkim from India. The Company
claims two consignments or their value from the
Government of India. Is the Sikkim can claim it? Decide

Under the dictatorial regime of ‘X’, his subordinate officer June-2017


‘Y’ committed atrocities upon Tamilians. The charge
against him was that he was responsible for the murders
of lakhs of Tamilians and for inhuman treatment towards
them. The spies of the newly formed “Eelam” state were
after him for a long time, but he was running from one
country to another for escaping arrest and trial. Ultimately
Eelam’s spies caught him in “Purvanchal”. But on account
of the fear that the government of “Purvanchal” might not
extradite him for prosecution for the commission of war
crimes, the Eelam spies, abducted him from ‘Purvanchal’
to Eelam in an irregular way. Now Eelam wants to
prosecute and punish for committing war crimes. The
state of Eelam was established only after the alleged

Page 12 of 13
commission of war crimes by ‘Y’. Decide

Page 13 of 13

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