PIL VIVA ANSWERS

Q1. Name some official sources of International Law.

A1. Treaties, Customs, General Principles and Judicial Decisions.

{Treaties: - It is an agreement between two or more sovereign states or in some cases, two or more
international organizations, which is binding at international law.
Customs: - Something which is being practiced in states from a considerable amount of time and that
practice is accepted as a law by the said state.
General Principles: - Basic rules whose content is very general and abstract. Ex: Good Faith,
impartiality of judges.
Judicial Decisions: - Decision given by a judge or panel of judges while giving a judgement.}

Q2. Define Persistent Objector.

A2. A state which is persistently and publicly objecting over the formation of a rule of
Customary Law from its outset.
{Customary Law: - A set of Customs, practices and beliefs that are accepted as obligatory rules of
conduct by indigenous people of local communities in a state.}

Q3. When was UN formed?

A3. 25th October 1945.

Q4. How many permanent members are there in the UN?

A4. 5.
{They are: U.S.A., U.K., RUSSIA, CHINA, FRANCE}

Q5. How many Non-Permanent members are there in the UN?

A5. 10.
{At present: Estonia, India, Ireland, Kenya, Mexico, Niger, Norway, Saint Vincent and the
Grenadines, Tunisia and Vietnam.}

Q6. Name the main organs of the UN.

A6. International Court of Justice, The Secretariat, Economic and Social Council, General
Assembly, The Trusteeship Council, Security Council.
{Only ICJ is situated in The Hague, rest 5 of them are in New York;
ICJ: Also known as World Court, settles disputes between states in accordance with International
Law and gives advisory and legal opinions;
The Secretariat: It’s the executive arm of the United Nations, it carries out the administrative and
substantive work of the UN, as directed by the General Assembly, and the other organs.
Economic and Social Council: It is a central forum for discussing international economic and social
issues and for formulating policy recommendations addresses to the member states and United
Nations system;
General Assembly: It discusses, debates and makes recommendations on subjects pertaining to peace
and security etc.;
Trusteeship Council: It was set up to supervise the administration of trust territories as they
transitioned from colonies to sovereign nations.
Security Council: It aims to resolve issues peacefully using measures like Arbitration, Negotiations,
etc.}

Q7. Is International Monetary Fund a vital part of the UN?

A7. No.
{IMF: An organization of 190 countries, working to foster global monetary competition, facilitate
free trade, etc.}

Q8. The Non-Permanent Members are elected for a period of how many
years?

A8. 2 years.
{As per rule 142 of the rule of procedure}

Q9. The Head Quarters of the International Court of Justice is situated

where?

A9. The Hague, Netherlands.

Q10. What is the requirement for a General Rule of Customary Law to be

formed?

A10. The element of widespread, consistent State Practices and Opinio Juris.
{State Practices: The actions performed by the states, both by the way of action and omission, that
deals with international relations.;
Opinio Juris: A belief that an action was carried out by a legal obligation; full phrase: Opinio juris
sive necessitates}

Q11. Define Article 38 of ICJ charter.

A11. In this article, the sources of International law are mentioned.

{1. The Court, whose function is to decide in accordance with international law such disputes as are submitted
to it, shall apply:
international conventions, whether general or particular, establishing rules expressly recognized by the
contesting states;
1. international custom, as evidence of a general practice accepted as law;
2. the general principles of law recognized by civilized nations;
3. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified
publicists of the various nations, as subsidiary means for the determination of rules of law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties
agree thereto.
Ex Aequo et bono: Power of the arbitrators to dispense with consideration of law but consider solely
what they consider to be fair and equitable}
Q12. How can Customary Laws be related to Treaty Provisions?

A12. Treaties may:

1. Codify Customary Law.
2. Crystallize Customary Law.
3. Lead to the emergence of Customary Law.
{Crystallize: Make perfectly clear}

Q13. Define Unilateral Law.

A13. The acts that create a unilateral obligation on to the acting state.
{Unilateral: Something affecting only person or one side.}

Q14. Define Jus Cogens.

A14. These are the peremptory norms of the international law, from which no derogations are
allowed and which can never be altered even with the consent of the state.
{EX: Prohibition against crimes against Humanity, genocide, etc.}

Q15. Is there any hierarchy or priority among states under International

Law?

A15. No, there is no Hierarchy. All states are considered as equal sovereign states. This is
mentioned in the principle of sovereign equality, enshrined in the article 2, para 1, UN
Charter.

Q16. What is the major difference between naturalism and positivism?

A16. Naturalism is based on the set of rules which are universal and objective in their scope.
While, Positivism is based on structured and coherent legal systems that is created by states
in light of their interests and desires.

Q17. Define Lotus Principle.

A17. This principle states that the restrictions upon the independence of states cannot be
presumed. This principle, in simple terms has been construed as whatever is not prohibited is
permitted in international law.
{Ex: Sovereign may act in ways they deem fit, as long as they are not interfering with an explicit
prohibition}

Q18. Define the Principle of Pacta Sunt Servanda.

A18. This principle states that the parties to a treaty must adhere to its terms in good faith.

Q19. What is meant by the term ‘Reservation’ under a treaty?

A19. Leaving a part of the treaty to be ratified, i.e., it is deemed unfit for the state.
Q20. How treaties are to be interpreted?

A20. Treaties are to be interpreted in good faith in accordance with the ordinary meaning to
be given to the terms of the treaty in their context and in the light of its object and purpose.

Q21. Do treaties create an obligation on the non-state parties?

A21, No, treaties do not bind these non-state parties or the Third states without their consent.
{Non-State Parties: NGOs, Academic institutions, philanthropic foundations, international business
associations}

Q22. When is a reservation considered to be invalid under the law of

treaties?

A22. A reservation is considered to be invalid when it is incompatible with the object and
purpose of treaty.

Q23. Define Dualism.

A23. Under Dualism, International and Domestic laws comprise distinct legal systems.

Q24. Can Domestic Laws be used as an excuse to violate the obligations

under international law?

A24. Domestic laws always prevail over international law.

{Domestic Law: any laws, ordinances, or other regulations or requirements in each Authority’s
Jurisdiction}

Q25. What is the fundamental premise of the Monist theory?

A25. The fundamental premise of Monist theory is that both the international and domestic
laws are a part of the same legal order.
{EX: by way of treaties, determine whether actions are legal or illegal, Japan, Mexico, Germany}

Q26. What is the fundamental pre-requisite for the incorporation of

custom under English Law?

A26. Customs are incorporated only if they are not in conflict with the existing legislation.

Q27. Name some theories of relationship between International Law and

Municipal Law.

A27. Monist Theory, Dualist Theory, Specific Adoption Theory or Transformation Theory.
{Monist theory: Accepts that internal and international legal systems form a unity.
Dualist Theory: International law has to be a national law in order to exist in a nation.
Specific Adoption Theory: Follows dualism; an international law has to be converted into a national
in order for its implementation by the courts}
Q28. Is Relative theory a theory of relationship between International Law
and Municipal Law?

A28. No, it is not.

{Municipal law governs the domestic aspect of government and deals with issues between individuals
and between individuals and the administrative apparatus; International Law focuses primarily upon
the relations between states.}

Q29. Who is the Chief Exponent of the Dualism Theory?

A29. Dionisio {Daayoneesio} Anzilloti and Starke. {J.G. Starke}

Q30. The American Practice of relationship between International Law

and Municipal Law is Similar to Britain when it comes to Customary
International Law. Is this statement true?

A30. Yes, it is true.

Q31. What did the Court hold in the case of North Sea Continental Shelf?

A31. The court held the following:

1. The Court held that Germany had not unilaterally assumed obligations under the
Convention. {Geneva Convention}
2. The Court held that the Principle of Equidistance, as contained in the Article 6 did
not form a part of existing or emerging customary international law.
3. The court also took notice of the fact that even if Germany ratified the treaty, the
country had the option of entering into a reservation on Article 6, following which
that particular article would no longer be applicable to Germany.

Q32. What makes a State Sovereign?

A32. The ability to determine one’s own affairs, freely, without any external interference.

Q33. Who won the first Noble Peace Prize in the Year 1901?

A33. Henry Dunant.

Q34. What organization was formed by Henry Dunant, the recipient of the
first ever Noble Peace Prize?

A34. International Red Cross.

Q35. Who coined the word ‘Sovereign’?

A35. Jean Bodin.

Q36. Which treaty marked the end of 30-year war in Europe?

A36. Treaty of Westphalia.

Q37. Name the Countries that were the members of the League of Nations?

A37. Germany, U.K., France.

Q38. Was U.S.A. ever a member of the League of Nations?

A38. No, it never was.

Q39. Which treaty set up the league of Nations?

A39. The treaty of Versailles.

Q40. Which part of the World did Japan invade during the World War II?

A40. Manchuria.

Q41. The need for the International Law in the 20th century was implied
due to what conditions?

A41. The need was implied due to:

1. The Mark of Democracy and Nationalism.
2. Industrial revolution and Globalization.
3. The rise of Positivist theory during the 20th Century.

Q42. Article 38 of ICJ charter mentions about ‘Ex aequo et bono’, what
does this phrase means?

A42. This phrase means ‘From Equity and Good Conscience’.

Q43. What event is considered to be the failure of League of nations?

A43. The invasion of Manchuria by Japan in the 1930s.

Q44. U.S. was not a part of the League of Nations, but was dragged into
World War II because of which incident?

A44. The Incident of Pearl Harbor.

Q45. What did the court decide in the case of Asylum v. Peru?

A45. The Court gave the following ruling:

 1. The court held that Columbia (the state granting Asylum) is not competent to
qualify the offence by a unilateral and definitive decision, binding on Peru.
2. The court held that even if the Columbia could prove that such a regional custom
existed, it would not be binding upon Peru, because, Peru ‘far from having by its
attitude adhered to it, has on the contrary repudiated it by refraining from ratifying
the Montevideo Conventions of 1933.
3. The Court held that Columbia did not establish the existence of a regional custom
because it failed to prove consistent and uniform usage of the alleged custom by
relevant states.

Q46. The International Law Commission was established in which year?

A46. In 1945, by UNGA. {United Nations General Assembly}

Q47. What are the functions of the International Law Commission?

A47. The functions are as follows:

1. ILC can undertake codification Suo Moto. {on its own}
2. ILC may be asked by UNGA to codify particular aspects of International Law.
3. ILC may receive requests from the governments, inter-governmental
organizations or UN agencies to draft proposals for the international conventions
on various issues

Q48. What is the position of Customary Laws in India?

A48. India follows the practices of U.K.

Q49. Define Article 73 of the Indian Constitution?

A49. This article mentions that the executive power of Union extends to all matters in respect
of which parliament has the power to make laws. This can make a treaty an Executive Law.

Q50. Define Article 253 of the Indian Constitution?

A50. This article states that the Parliament has the power to make any law for the whole or
any part of Indian Territory for implementing any treaty, agreement or convention or any
decision made at any kind of International Conference.

Q51. What is the specific Adoption Theory?

A51. Under the relationship between International Law and Municipal Law, this specific
adoption theory suggests that:
1. International Laws cannot be applied in sovereign states unless and until the
sovereign states specifically adopts that law by the way of enactments.
2. Specific adoption requires legislation in order to give treaties municipal effect.
3. The Positivists support this theory.
Q52. In the U.K., the customary international law and treaties are applied
as what?

A52. They are applied as:

1. Customary Law as a part of their own land.
2. Subject to the condition that they are inconsistent with the British Statues.

Q53. What is the practice of U.S. as far as Customary Laws are concerned?

A53. They are:

1. Similar to British, when it comes to Customary International Laws.
2. The American courts finds themselves bound by the Customary International
Laws unless it comes into conflict with the clear and unambiguous statues.

Q54. In which case the U.S. Supreme court stated that – “A treaty is a law
of land under the supremacy clause (Article 6)?

A54. In the case of U.S. v Pink.