The document outlines key concepts and principles of Public International Law, including definitions, recognition of states and entities, treaties, and the rights and responsibilities of states. It also discusses various theories, sources of law, and methods of dispute resolution, along with case studies to illustrate these principles in practice. The content is structured into sections with varying mark allocations, indicating the depth of understanding required for each topic.
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Pool of Questions 2024
The document outlines key concepts and principles of Public International Law, including definitions, recognition of states and entities, treaties, and the rights and responsibilities of states. It also discusses various theories, sources of law, and methods of dispute resolution, along with case studies to illustrate these principles in practice. The content is structured into sections with varying mark allocations, indicating the depth of understanding required for each topic.
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2 marks
1. Definition of Public International law
2. What are non-state entities? 3. De facto & De jure recognition 4. What are insurgents and belligerents? 5. Meaning of state succession 6. Meaning of Bilateral/multilateral/plurilateral treaties 7. Principle of Jus Cogens 8. Meaning of Pacta sunt Servanda 9. Land-locked state 10. Meaning of Extradition, asylum 11. Define continental shelf/ EEZ/ High seas 12. Contiguous zone & Territorial waters 13. Define Statelessness 14. Define Recognition 15. Nationality vs Citizenship 5 Marks 1. Elements of a valid custom 2. Monist and dualist theory 3. What are the ‘General principles of law recognised by civilised nations’ ? 4. Realist v/s Fictional theories of International law 5. Meaning and conditions of recognition of states 6. Theories of recognition 7. Recognition of insurgents and belligerents 8. Methods of succession of States 9. Treaties and their types 10. Importance of Pacta sunt servanda and rebus sic stantibus in treaties 11. Rights of state on continental shelf (under Geneva convention 1958) 12. Concept of individuals under international law (recognition, rights and duties) 13. Customs and treaties as material sources of International law 14. Formation of a multilateral treaty. 15. Extradition & Asylum 10 marks 1. Sources of international law/Juridical basis of international law/Art 38 of statute of ICJ. 2. Critically analyse whether International law is a true law/ strengths and weaknesses of International legal system 3. Elaborate on the debate: Individuals v/s states as subjects of international law. 4. Qualifications for Statehood and recognition of a State 5. State responsibility /Rights, duties and liabilities of state as and international personality 6. Meaning of treaty, Steps of formation of a treaty 7. Termination of treaty 8. Various modes of settlement of disputes : Pacific/peaceful 9. Various modes of settlement of disputes : Forceful 10. Significance of UNCLOS 11. Explain in detail – Meaning, acquisition and loss of nationality. 12. Methods by which a state may gain title to a piece of territory: (i) Occupation (ii) Prescription 13. Role of the ICJ in judicial settlement of international disputes / Jurisdiction of ICJ – compulsory / provisional measures 14. Inefficiency of UN security council – discuss 15. Reservations and Modification to treaties Case Studies 1. Recently, a Chinese ship lost oil in the area known as the Great Barrier Reef. The Great Barrier Reef, a marine park, is situated in the territorial sea of Australia. Australia wants to prohibit ships carrying potentially polluting substances such as oil from passing through its marine park. a. Is Australia allowed to take these measures according to the UNCLOS? b. Discuss the Corfu Channel case highlighting the right of Innocent passage 2. Alice, a citizen of Dragonstone, marries Bob, a citizen of Winterfell. They reside in Kingslanding, where their child, Charlie, is born. Alice wants to understand her nationality status and how it affects Charlie. a. Explain the concept of nationality and how it is determined in this scenario considering Alice's marriage to Bob and their residence in Kingslanding b. Discuss the possible modes through which Alice or Charlie could acquire or lose nationality based on the laws of Dragonstone, Winterfell, and Kingslanding. 3. Recently, a Chinese ship lost oil in the area known as the Great Barrier Reef. The Great Barrier Reef, a marine park, is situated in the territorial sea of Australia. Australia wants to prohibit ships carrying potentially polluting substances such as oil from passing through its marine park. a. Is Australia allowed to take these measures according to the UNCLOS? b. Discuss the The South China dispute case highlighting the right of Innocent passage – (China v/s Philippine) 4. The prohibition of genocide is considered to be a jus cogens norm. a. Explain what jus cogens means. b. Explain at least two legal effects of the fact that the prohibition of genocide is a jus cogens norm. 5. The two neighbouring countries of Hogwarts and Durmstrang have long disputed fishing rights in their overlapping maritime region. Hogwarts claims historical fishing grounds, while Durmstrang asserts its rights based on modern international agreements. a. Describe the facts and merits of the original case. b. Apply the legal principle established that case to analyze how international law could resolve the fishing rights dispute between Hogwarts and Durmstrang. (North Atlantic Fisheries case)