1. 2 Sentences Answer ions, 2 mark: h 1. Define International law. Ans. Oppenheim’s Revised Definition: International Law is the body of rules which are legally binding on States in their intercourse with each other. These rules are primarily those which govern the relations of States, but States are not the only subjects of International Law. Intemational Organisations and to some extent, individuals may be the subjects of rights conferred and duties imposed upon International Law. 2. Rebus sic stantibus Ans. The maxim rebus sic stantibus asserts that a treaty may be terminated if there occurs a fundamental change in the circumstances under which it was concluded. Thus, those treaties which are contractual not merely in form but also possess essential judicial character, the doctrine of frustration of contract may be applied without doubt 3. What is non-use of force? Ans. Under the ambit of international law, states are not permitted to threaten to use force nor can they use force against other states. This rule is mentioned under Article 2(4) of the United Nations Charter and is regarded as a peremptory norm. 4, What is opinio Juris? Ans. An essential element of custom, one of the four sources of international law as outlined in the Statute of the International Court of Justice. Opinio juris requires that custom should be regarded as state practice amounting to a legal obligation, which distinguishes it from mere usage. The Intemational Court of Justice reflects this standard in ICJ Statute, Article 38(1)(b) by reflecting that the custom to be applied must be "accepted as law" 5. Write two important functions of the National Commission for women. Ans. a, Investigation and Examination Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws. b. Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.c. Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards. 6. What is stare decisis? Ans, The doctrine of stare decisis states that “past decisions must stand”, The idea that similar cases must be decided in similar ways may be the fundamental belief underlying common law systems, 7. Two objectives of WHO Ans. a. The organisation directs and coordinates authority on international health work. b. Assists governments, upon request, in strengthening their health services. 8. What is magna cart: Ans, Magna Carta was the first document to put into writing the prineiple that the king and his government was not above the law and the liberties held by “free men,” providing the foundation for individual rights agreed to by King John of England. 9. Write two issues of the Lotus case Ans. The Lotus Case (France vs Turkey) Issues: a, Did Turkey violate international law when Turkish courts exercised jurisdiction over a crime committed by a French national, outside Turkey? b. If the reply is yes, what economic and financial compensation should be made to Mr. Demons (Captain of Lotus), in relation to international law. if Turkey is found to infringe these principles? 10. Two rights of prisoners at the time of arrest Ans, a. All prisoners shall be treated with respect due to their inherent dignity and value as human beings. b. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 11. Define Treaty. Ans, The term treaty means a written agreement by which two or more States or international organizations create or intend to create a relation between themselves operating within the sphereof Intemational Law. A treaty may be called a treaty, but at the same time, a variety of other names may be attributed to the term such as convention, agreement, protocol, declaration, arrangements, accord, additional articles, aide memoire, code, communique, compact, contract, instrument and optional clause. 12. What Monistic Theory? ‘Ans. It was put forward by two German scholars Moser and Martens. According to this doctrine there exists only one set of legal systems, ice., the domestic legal order. It has been denied by the exponents of this theory that Intemational Law is a distinct and autonomous body of law. It followed that there was obviously no need for international rules to be incorporated into municipal legislation; since they have been made by the States themselves, 13. What do you understand by the terms non-use of force? ‘Ans. It is an Intemational law principle embodied in customary international law as well as the United Nations Charter which generally forbids the use of force by one nation against another’s tertitorial or political integrity. 14. What is Innocent Passage? Ans. Innocence of passage has been defined by the Convention on the Law of the Sea of 1982 under Article 19 by stating that: ‘Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of Intemational Law’. 15. What is EEZ? Ans. United Nations Convention on the Law of the Sea (UNCLOS) Art 55 defined the EEZ, (Exclusive Economie Zone) as a zone in the sea over which a sovereign nation has certain special rights with respect to the exploration and usage of marine resources, which includes the generation of energy from wind and water, and also oil and natural gas extraction. It can extend toa maximum of 200 nautical miles from the baseline. 16. Write two important functions of the National Human Rights Commission. Ans. a, visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment,reformation or protection to study the living condition of the inmates and make recommendations thereon. b. spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means. 17. What is Jus Cogens? Ans, Jus cogens or peremptory norm means a body of fundamental principles of intemational law which binds all states and does not allow any exceptions. It is basically a compilation of norms that lays down the intemational obligations which are essential for the protection of the fundamental interest of the international community and any violation of these norms is thereby recognized as a crime against the community as a whole. 18. Give two directive principles safeguarding the rights of women as laid down in the Constitution. Ans. a, The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood (Article 39(a)); b. and equal pay for equal work for both men and women (Article 39(d)). 19. What Ans. The United Nations Convention on the Law of the Sea (UNCLOS) was adopted in 1982. It UNCLOS? lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources. 167 countries and the European Union are parties to it 20. What are the two important features of UNESCO? Ans. a. Through its programmes, it strives to achieve the Sustainable Development Goals (SDGs). b. It works in preserving the cultural heritage of the world’s many cultures and also promotes the equal dignity of all cultures 21. Give two directive principles safeguarding the rights of workers. Ans. a, The State shall make provision for securing just and humane conditions of work and for matemity relief. (Art 42)b. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry. (Art 43) 22, What is continental shelf ? Ans. Continental shelf may be defined as “the zone around the continent extending from the low water line to the depth at which there is usually a marked increase of declivity to greater depth.” under Para I of Article 76 of UNCLOS. 23. What is recognition of states? Ans. Recognition of state under the International Legal System can be defined as “the formal acknowledgement or acceptance of a new state as an international personality by the existing States of the International community”.It the acknowledgement by the existing state that a political entity has the characteristics of statehood 24. What do you understand by the term VETO POWER of the permanent Members of the security council? Ans, If a permanent member wishes that no decision should be taken by the Council on any particular issue, it has the power to do so by giving a dissenting vote. Thus, by giving a dissenting vote a permanent member has a power to block the issue in the Council. In other words, if the concurring vote is withheld by any permanent member the proposal shall be deemed vetoed, ie. it could not be validly adopted. This power of the permanent members is known as the veto power, 25. Write any two functions of the National Commission for protection of child rights. Ans, a, Inquire cases of child rights violations and initiate proceedings b, Present reports on the workings of the laws in this domain to the central government as and when necessary. 26. What is Mediation? ‘Ans. When the third party participates in the discussion along with the disputant States, and also gives its own suggestions in resolving the dispute, the process is known as mediation. The mediator is required to be neutral and impartial, He must necessarily meet with them and enter into discussions. He should encourage compromise than advice adherence to legal principles.21.Gi ve two Theories of Recognition of States. Ans. a. Constitutive Theory:- According to this theory the personality of a State is created not by fact but through recognition by other States. In other words, an entity does not become a State by possessing essential attributes of statehood. It becomes so, when it is recognized by other States. It implies that other States constitute the personality of a State by granting recognition. b. Declaratory Theory: According to this theory a State comes into existence in International Law as soon as it acquires all the attributes of statehood. By having all the attributes, an entity exists in fact, Recognition by other States supplies the evidence of this fact. The act of recognition is therefore a declaration of an existing fact that an entity possesses the essential attributes of statehood. 28. What is ‘Pacta sunt Servanda’? Ans, It is a Latin term that means agreements must be kept. In international law, it means that every treaty is binding upon the partics and they must be executed in good faith. Without this principle, which is explicitly mentioned in many agreements, treaties would be neither binding nor enforceable. 29. What was the main object of the Stockholm Conference, 1972? Ans, As set out in Article 1, the objective of the Stockholm Convention is to protect human health and the environment from persistent organic pollutants, 30, What are ‘Landlocked’ States? Ans. A State whose boundaries are entirely surrounded by land is called State. Convention on the Law of the Sea of 1982 under Article 124(1)(a) defines the land-locked State as 'a State which has no sea-coast. Land-locked States have free access to and from the sea so that they may enjoy the freedom of the seas on equal terms with coastal States. 31. Give names of Nobel Peace Prize Winners for the year 2014. Ans. Kailash Satyarthi and Malala Yousafzai 32. Give any two international regional treaties concerning protection of Human Rights. Ans. European Convention on Human Rights (ECHR), The American Convention on Human Rights (Pact of San Jose de Costa Rica).33. What ‘State Territory’? Ans, The territory over which a State has an exclusive control and jurisdiction is referred to State territory. Oppenheim defines State territory as that defined portion of the globe which is subjected to the sovereignty of a State. State territory comprises land territory, national waters, territorial sea (formerly called the territorial waters), air space over the territory and the subsoil under earth, 34, What ‘Right to Development’? Ans, The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. The human right to development also implies the full realization of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources 35. Give any four personal freedoms guaranteed under Article 19 of the Constitution of India. Ans, Freedom of speech and expression, Freedom to assemble, Freedom of residence, Freedom of profession. 36. What the main objective of the International Court of Justice? Ans, The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United ‘Nations organs and specialized agencies. 37. Wha Ans. UNESCO is the United Nations Educational, Scientific and Cultural Organization. It UNESCO? contributes to peace and security by promoting international cooperation in education, sciences, culture, communication and information, UNESCO promotes knowledge sharing and the free flow of ideas to accelerate mutual understanding and a more perfect knowledge of each other's lives. UNESCO's programmes contribute to the achievement of the Sustainable Development Goals defined in the 2030 Agenda, adopted by the UN General Assembly in 2015.38. What do you understand by the term Arbitration? Ans, Arbitration has been defined by the Intemational Law Commission as 'a procedure for the settlement of disputes between States by a binding award on the basis of law and as a result of an undertaking voluntarily accepted. Thus, when a dispute is submitted by the parties to a body of persons or to a tribunal for their legal decision, the process for the settlement of dispute is called arbitration, 39. What is the Holy see? Ans. The term ‘Holy See’ is used to refer to the supreme organ of the Catholic Church, ie., Bishop of Rome, commonly called the Pope, together with those offices of the Roman Curia through which he governs the universal Church. The term Vatican restricted to the Vatican City State, which is also ruled by the Pope is though essentially distinct from the Holy See is also sometimes used for Holy See. The Holy Sce is a small sovereign State having land territory of about half square kilometer, and population of about 1000 composed of persons residing therein by virtue of their office. The Head of the Catholic Christian Pope is the monarch of the Holy See. 40. What is amnesty international? ‘Ans. Amnesty Intemational (also referred to as Amnesty or Al) is an international non-governmental organization focused on human rights, The stated mission of the organization is to campaign for "a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments.” 41. Write two important provisions of the Indian constitution on Rights of Children. Ans. a, Right to free and compulsory elementary edueation for all children in the 6-14 year age group (Article 21). b. Right to be protected from any hazardous employment till the age of 14 years (Article 24). 42. Give any two legislations relating to protection of environment in India. Ans, a. Environment (Protection) Act 1986 (EP Act) - This umbrella law enables the central government to take measures it deems necessary to protect and improve the environment, and to prevent, control and abate environmental pollution.b. Water (Prevention and Control of Pollution) Act 1974 (Water Act), which also initially identified the powers, functions and hierarchy of the environmental agencies, the CPCB and the SPCBs. 2. Write short notes (2 questions, 6 marks each’ 1. KYOTO Protocol. Ans. What is the Kyoto Protocol? The Kyoto Protocol is an international agreement that brings into operation the United Nations Framework Convention on Climate Change (UNFCCC). It is the first set of international rules designed to implement the UNFCCC, which is a multilateral environmental treaty that came into force on 21 March 1994 at the Earth Summit, New York City in the year 1992, to combat climate change. Its role is to fight global warming by reducing greenhouse gas concentrations in the atmosphere to a level that would prevent dangerous anthropogenic interference with the climate system, Principles of the Kyoto Protocol The Kyoto Protocol is based on the principle of ‘Common But Differentiated Responsibilities (CBDR) It puts the obligation to reduce current emissions on developed countries because they are historically responsible for the current levels of greenhouse gases in the atmosphere. According to the CBDR, the Kyoto Protocol divides the responsibilities of different countries into two ways: a. Historical Polluters (Developed countries) - These must contribute more towards the implementation of ways to reduce GHGs. b. Recent Polluters (Developing countries) - Such countries should do everything possible to cut down their GHG emissions Responsibilities and Targets of the Kyoto Protocol The Kyoto Protocol is designed to assist countries in adapting to the adverse effets of climate change. One of the major features of the Kyoto Protocol is that it sets obligatory targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions, The targeted gases under the Kyoto protocol are as follows: © Carbon Dioxide (CO,)© Methane (CH,) © Nitrous Oxide (N,O) Sulphur Hexafluoride (SF) ¢ Hydrofluorocarbons (HFCs) © Perfluorocarbons (PFCs) 2. Rights of children under convention on Rights of Child ‘Ans. The United Nations Convention on the Rights of the Child is an important agreement by countries who have promised to protect children’s rights. The Convention explains who children are, all their rights, and the responsibilities of governments. AIll the rights are connected, they are all equally important and they cannot be taken away from children. Following are the rights - © Right of Life survival and development - Every child has the right to be alive. © Right of Identity - Children have the right to their own identity — an official record of who they are which includes their name, nationality and family relations. © Sharing thoughts freely - Children have the right to share freely with others what they leam, think and feel, by talking, drawing, writing or in any other way unless it harms other people. © Freedom of thought and religion - Children can choose their own thoughts, opinions and religion, but this should not stop other people from enjoying their rights. * Protection of privacy - Every child has the right to privacy. The law must protect children’s privacy, family, home, communications and reputation (or good name) from any attack: © Access to information - Children have the right to get information from the Intemet, radio, television, newspapers, books and other sources. 3. National Human Rights Commission Ans. What is NHRC? ‘The National Human Rights Commission or NHRC is a standalone entity of the Government of India with the mission of promoting and protecting human rights. It is a statutory body mentioned in the Constitution of India that was established in 1993 under the ‘Protection of Human Rights Act NHRC Composition — Members of NHRCChairman of NHRC - Retired Chief Justice or a judge of SC 2. Member 1 - One who is/has been a Judge of SC 3. Member 2 - One who is/has been a Chief Justice ofa HC 4. Three Members (at least one shall be a woman) - Candidates with the knowledge or practical experience in the matters of Human Rights 5. Deemed Members (Ex-oflicio Members) - Deemed members are chairpersons of the following national commissions: the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights, the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes, the National Commission for Women and the Chief Commissioner for Persons with Disabilities. 6. Secretary-General Functions & Powers of NHRC ‘© It can visit any prison/institute under the control of the state governments to observe the living conditions of inmates. It can further make recommendations based on its observations to the authorities. © Research in the field of Human Rights is also promoted by the NHRC. © Human Rights awareness and literacy through different media are promoted by NHRC in various sectors of society. 4. Corfu channel ease Ans. Corfu Channel Case (United Kingdom y. Albania) Facts - Two British cruisers and two destroyers, coming from the south, entered the North Corfu Strait. The channel they were following, which was in Albanian waters, was regarded as safe: it had been swept in 1944 and check-swept in 1945. One of the destroyers, the Saumarez, when off Saranda, struck a mine and was gravely damaged. The other destroyer, the Volage, was sent to her assistance and, while towing her, struck another mine and was also seriously damaged, Forty-five British officers and sailors lost their lives, and forty-two others were wounded. It was on this basis that the United Kingdom claimed that Albania was internationally responsible for damages, Issues - 1. Should the North Corfu Channel as it is considered part of international highways?2. Is Albania responsible under intemational law for the explosions which occurred on the 22nd October 1946 in Albanian waters and for the damage and loss of human life which resulted from them and is there any duty to pay compensation? Judgement - 1, The court analyzed the geographical situation of the channel connecting two parts of the high seas and was in fact frequently being used for international navigation. Taking into account these various considerations, the Court concluded that the North Corfu Channel should be considered as belonging to the class of intemational highways through which an innocent passage does not need special approval and cannot be prohibited by a coastal State in time of peace. 2. The Court found that Albania was responsible under international law for the explosions that had taken place in Albanian waters and for the damage and loss of life which had ensued. Although it did not accept the view that Albania had itself laid the mines or granted permission to another entity, it held that the mines could not have been laid without the knowledge of the Albanian Government aecording to the principle of state responsibility. 5. American convention on Human Rights Ans. The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Wester Hemisphere in San José, Costa Rica, on 22 November 1969. According to its preamble, the purpose of the Convention is "to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man." Structure of the Convention Part 1 contains 5 chapters, enumerating various state obligations, responsibilities, Civil and political rights and economic, social, and cultural rights of individuals. It also provides for their suspension, interpretation and application. Part 2 contains 3 chapters and provides for the means of protection of the above rights, by establishing The Inter-American Commission on Human Rights and The Inter-American Court of Human Rights. Their composition, functions, jurisdiction and procedure are given in this part. Part 3 contains general and transitory provisions like SIGNATURE, RATIFICATION, RESERVATIONS, AMENDMENTS, PROTOCOLS, AND DENUNCIATION.‘Two additional protocols - The first, the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (more commonly known as the "Protocol of San Salvador"), The second, the Protocol to the American Convention on Human Rights to Abolish the Death Penal 6. International labour organization Ans. The Intemational Labour Organization (ILO) is a United Nations agency dealing with labour issues, particularly international labour standards, social protection, and work opportunities for all. It was established by the Treaty of Versailles in 1919. Its HQ is in Geneva, Switzerland. Objective of ILO © To develop and effectuate standards, fundamental principles, and fundamental rights at work. © To ensure that men and women have equal access to decent work while enhancing ‘opportunities for the same. © To magnify the coverage and effectiveness of social protection for everyone. © To strengthen Tripartism and social dialogue Functions of ILO Itaids the member states in resolving their social and labour problems, It is responsible for the research and publication of information regarding social and labour issues, The ILO is also responsible for setting International Labour Standards. 7. UDHR Ans. The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly (UNGA), It establishes the rights and freedoms of all members of the human race, The UDHR has played a significant role in the history of human rights. The General Assembly adopted it on December 10, 1948. Structure of UDHR, The Declaration consisted of 30 Articles besides a Preamble. The preamble gives details about the social and historical reasons that led to the formation of the UDHR. It incorporated a form of natural law language by inserting ‘whereas recognition of the inherent dignity and of the equaland inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the World’, Following is the division of articles as per their contents - Art 1-2: The basic concepts of dignity, liberty and equality are established. Art 2-21: Deals with those eivil and political rights which have been generally recognised throughout the world like right to privacy, nationality, property etc. Art 22-27: Deals with economic and social rights like right to rest and leisure, right to participate in cultural life ete The Declaration laid down under Article 29 certain limitations to these rights and freedoms, by providing that everyone has duties to the community in which alone the final and full development of his personality is possible. Legal Effect of the Declaration ‘The human rights in the form of norms mentioned in the Declaration are fundamental in a moral sense and are universal, indivisible, interdependent and interrelated. The Declaration was not intended to be legally binding and therefore it did not impose any legal obligations on the States to give effect to its provisions. The main object of the Declaration was to present the ideals of human rights and freedoms in order to inspire everybody to work for their progressive realisation, ‘The Declaration is deficient in three aspects- a. Itis not binding on States as law but rather a U.N. recommendation to States, b. Some of its provisions are as general as that of Article 55 of the U.N. Charter c. The Declaration offered no means of implementation other than State goodwill, 8. Custom as a source of International Law. Ans, Oppenheim defines custom as a clear and continuous habit of doing certain actions which has grown up under the aegis of the conviction that these actions are, according to International Law, obligatory or right. They evolve through the practices of and usages of nations and their recognition by the community of nations. Custom is referred to those habits which are regarded as binding upon the States. Thus, when a habit or usage becomes obligatory on a State to practice, it is known as custom. Formation of a Customary RuleIn order to establish the existence of an international custom, primarily three elements are required to be present which are duration, continuity and generality. a. Duration - When a particular usage is practised by the States for a long duration, it has a tendency to become custom. How much time usage takes to transform into custom is a question which is difficult to answer. b. Uniformity or Consistency - A practice is required to be followed consistently by the States. the practice should be ‘constant and uniform.’ While complete uniformity is not required, uniformity should be ‘substantial’ Generality - It is essential that a usage should be practised by most of the States in order to transform into a custom. The above implies that there is no rule which prescribes that the consent of all States is a necessary condition to the formation of a customary rule. It follows that if a usage is practised only by a limited number of States it will not transform into custom, When a usage is attributed to the above elements, it acquires the status of custom. Opinio Juris In addition to the abov some writers have regarded the presence of another element, i.c., opinio juris et necessitatis which means that recognition of a certain practice as ‘obligatory’ by the State i.e, States must recognise the custom as binding upon them as law. Kinds of Customary Rules a, General - General customary rules are those which are binding generally on all the States such as the basic rules of the law of treaties, of diplomatic intercourse or of the law of the sea. b. Particular - Particular customary rules or local customary rules are those where a practice has developed between the two States. Thus, such rules are binding only on two States. Sueh customary rule is also sometimes called 'bilateral custom 9. UNICEF Ans. United Nations Children’s Fund (UNICEF) is a special program of the United Nations (UN) devoted to aiding national efforts to improve the health, nutrition, education, and general welfare of children. It was created in 1946 as Intemational Children’s Emergency Fund (ICEF)by the UN relief Rehabilitation Administration to help children affeeted by World War II. It is guided by the Convention on the Rights of the Child, 1989. Headquarters: New York City. Functions of UNICEF © UNICEF engages in fighting for the rights of children all over the world. * Italso works to provide safe shelter, healthcare, nutrition, education, equality and protection from disaster and conflicts. © Other areas the UNICEF works are providing vaccines, safe water and sanitation, HIV prevention in mothers and babies, protecting children from violence and abuse, early childhood development, adolescent health, ete. © It also works in regions embroiled in humanitarian crises, to give relief and rehabilitation. © UNICEF also comes up with research reports on various aspects related to children all around the globe. e UNICEI works with all its partners towards the attainment of the sustainable human development goals adopted by the world community. Strengths of UNICEF © UNICEF can impact major changes in strategy as well as practice, even though the pace may be slow. © It has become an authority on the education of girls, especially through its Child Protection programmes and the UNAIDS. © UNICEF plays a signifi degree in emergency planning and preparedness int role in emergency response and it has improved by a huge © Ithas gender sensitive programming although it has miles to go in this regard. © Security standards have been introduced and security capacity and communications networks strengthened. Weaknesses of UNICEF © Self-Image & criticising governments: UNICEF has the image of an ageney that keeps its distance, never directly pointing fingers at rogue governments, for fear of its operations being shunted out of that country.© Partnership: There has been a rapid increase in collaboration and diversification of partnerships with civil society. Despite this, UNICEF priorities and strategies for partnerships are limiting the scope for partnership. © Bureaucracy and complexity: UNICEF is a largely bureaucratic organisation and suffers from the problems associated with this such as wasteful spending, red tape, etc. 10. Role of NGOs in the protection of Human rights Ans, NGO's have a vital role to play in the promotion and protection of human right specially in the developing country. a. The Social Welfare Role - where relief and charity are key actions. NGOs in this role can be seen as initiating intemal programs and projects b. The Mediatory Role: where communication as a skill is important for development and social action. NGOs in this role can be seen as participating or taking up external programs cts, and proj c. The Consultative Role: where support documentation and dissemination of information and expertise is critical. NGOs in this role can be seen as working in collaborative programs. Local experts/professionals/resource persons play major secondary roles. d. Development and Operation of Infrastructure: Community based organizations and cooperatives can acquire, subdivide and develop land, construct housing, provide infrastructure and operate and maintain infrastructure such as wells or public toilets and solid waste collection services. e. Supporting Innovation, Demonstration and Pilot Projects: NGO have the advantage of selecting particular places for innovative projects and specify in advance the length of time which they will be supporting the project - overcoming some of the shortcomings that governments face in this respect. f. Facilitating Communication: The significance of this role to the government is that NGOs can communicate to the policy-making levels of government, information about the lives, capabilities, attitudes and cultural characteristics of people at the local level. NGOs can facilitate communication upward from people to the government and downward from the government to the people. g. Technical Assistance and Training: Training institutions and NGOs can develop a technical assistance and training capacity and use this to assist both CBOs and governments.h. Research, Monitoring and Evaluation: Innovative activities need to be carefully documented and shared - effective participatory monitoring would permit the sharing of results with the people themselves as well as with the project staf. 11. National Commission for Minorities. Ans. The National Commission for Minorities is a statutory body that was originally titled Minorities Commission. With the enactment of National Commission for Minorities Act 1992, the Minorities Commission (a non-statutory body) was renamed as National Commission for Minorities. The commission works for the development of the recognized minorities in India. Composition of NCM Ithas seven members: a. A chairperson b. A vice-chairperson c. Smembers Each member of the commission holds the office for three years from the date of assumption of the office. The members of the National Commission for Minorities are nominated from amongst the persons of eminence, integrity and ability. Functions of NCM ‘The National Minorities Commission performs the following functions: 1. It evaluates the progress of the development of minorities under both central and state governments, 2. It monitors the working of the constitutional laws enacted for the welfare of minorities, both by central and state governments. 3. It makes recommendations for the implementation of protective safeguards for the minorities. 4. It is the authorized body to look into complaints regarding deprivation of the rights and safeguards of the minority communities. 5. It initial ives studies concerning minorities” issues arising from discrimination, 6. It conducts studies, research and analysis concerning issues related to the socio-economic and educational development of minorities. 7. It presents periodic or special reports concerning minorities and their issues to the central government.8. It governs matters which the central government refers to. Which minority communities are governed by NCM? The six religious communities notified as minority communities in India: 1. Muslims 2. Christians 3. Sikhs 4. Buddhists Zoroastrians/Parsis 6. Jains 12. Rights of Prisoners in India. Ans. Who is a Prisoner? Section 1 of the Prison Security Act1992, defines the term prisoner. The word prisoner means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody. Rights under Constitution of India a. Art 14 - The State shall not deny to any person equality before law or the equal protection of laws within the territory of India b. Art 19 - Certain freedoms i. e freedom of speech and expression under Article 19 (1)(a) freedom to become a member of an association under Article 19 (1)(g) cannot be enjoyed by the prisoners because of the very nature of these freedoms. ¢. Art 21 - No person shall be deprived of his/her life or personal liberty except according to procedure established by law. following rights are implicit under Art 21 a. Right to Free Legal Aid - Government is under obligation to offer legitimate types of assistance to the charged people. b. Right To Speedy Speedy Trial. Right Against Cruel & Unusual Punishment - Use of third degree method by police is It is the constitutional duty of the State to set up procedure to ensure Violative of Article 21 of the Constitution of India.d. Right To Fair Trial - Denial of Fair Trial is crucifixion of Human Rights. It is ingrained in the concept of due process of law. Once prejudice is caused to the accused during trial, it ‘occasionally results in Failure of Justice. c. Right To Live With Human Dignity - Right to life or live does not confine itself to mere physical existence but also includes the right to live with human dignity. f Right To Meet Friends & Consult Lawyer - Visit from friends and family members gives them mental stability. g. Right To Reasonable Wages In Prison - The wage rate should not be trivial or below minimum wages. Prisoners Rights under the Prisons Act, 1894 © Accommodation & Sanitary Conditions For Prisoners © Provision For The Shelter & Safe Custody Of The Excess Number Of Prisoners Who Cannot Be Safely kept in Any Prison © Provisions Relating To The Examination Of Prisoners By Qualified Medical Officer * Provisions Relating To Separation Of Prisoners, Containing Female & Male Prisoners, Civil and Criminal Prisoners and Convicted and Under-trial Prisoners Provisions Relating To Treatment Of Under-trials. Civil Prisoners. Parole and Temporary Release Of Prisoners 13. International Court of Justice. Ans. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands) Structure of ICS ‘The ICI is composed of 15 judges © The judges have a tenure of nine years each. © They are elected independently by the UNGA and the UNSC. The candidate should get an absolute majority in both the UNGA and the UNSC to be elected. © No two judges can have the same nationality in the ICI © Elections are held every three years for one-third of the seats, and retiring judges may be re-elected.© The members of the ICJ do not represent their governments but are independent magistrates. © The judges must possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognized competence in international law. © The judges are distributed as per the regions: a. 3 from Africa b. 2 from Latin America and the Caribbean c. 3 from Asia 4.5 from Western Europe and other states €. 2 fiom Eastern Europe © Among the 15 judges, there is a President, a Vice President and a Registrar. ‘© Every State government party to the Charter designates a group that proposes candidates for the office of ICJ judges. ICJ Jurisdiction The ICJ has two types of jurisdictions: © Contentious cases a. ICJ, in accordance with intemational law, settles disputes of legal nature that are submitted to it by states. b. Countries should apply and only then appear before the ICJ. International organisations, other authorities, and private individuals are not entitled to institute proceedings before the ICI. ¢. The Court can only deal with a ute when the States concemed have recognized its jurisdiction. 4. The judgment is final, binding on the parties to the case and without an appeal. ¢ Advisory opinions a, The advisory procedure is available to five UN Organs, fifteen Specialized Agencies, and one Related Organisation. b. Despite having no binding force, the Court’s advisory opinions nevertheless carry great legal weight and moral authority and thus help in the development and clarification of international laws,14. Principle of Non-Intervention. Ans. What is the Principle of Non-Intervention ‘The non-intervention rule is a principle of international law that restricts the ability of outside nations to interfere with the intemal affairs of another nation. At its core, the principle is a corollary to the right of territorial sovereignty possessed by each nation. Famed Swiss legal philosopher Emmerich de Vattel was arguably the first jurist to articulate the non-intervention principle in his treatise The Law of Nations, published in 1758. Provisions containing this Principle in the International Law © The non-intervention principle received official United Nations recognition when the General Assembly adopted the Declaration on the Inadmissibility of Intervention and Interference in the Domestic Affairs of States in 1965. © Article 2(7) of the UN Charter expressly provides that other than Security Council actions authorized under Chapter VII of the Charter, “nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state...” © The International Court of Justice also weighed in on the interpretation of the non-intervention principle in the Niearagua case brought by Nicaragua against the United States as “The principle of non-intervention involves the right of every sovereign State to conduct its affairs without outside interference ‘Types of Intervention © Direct - The direct threat or use of military force against a nation is obviously coercive. © Indirect - Indirect interference through other means, such as economic and political pressure, propaganda campaigns or control of media messages. 15. Judicial Activism in environmental law. Ans, International Law and State Courts The environmental decisions of the national / state courts and international environmental law have influenced each other, The decisions of the state courts which are ‘subsidiary sources’ under Article 38(1) of the statute of the ICI, may lead directly to the growth of ‘customary’ rules of international law. Similarly, the state courts have often developed national environmental jurisprudence by taking inspiration and help from the international environmental laws,General Principles and Rules of International Environmental Law General principles of international environmental law reflect in treaties, binding acts of international organizations, state practice, and soft law norms. These are: a. The obligation reflected in Principle 21 of the Stockholm Declaration and Principle 2 of the Rio Declaration, namely that states have sovereignty over their natural resources and the responsibility not to cause environmental damage; The principle of preventive action; The prineiple of good neighborliness and international cooperation; ee The principle of sustainable development; The precautionary principle; The polluter-pays prineiple; and g. The principle of common but differentiated responsibil International Law and Indian Courts - Role and Status of the Indian Judiciary In many cases where the legislative and executive authorities have failed to carry out their constitutional obligations, the Judiciary has stepped up to offer “judicial activism”. The environmental jurisprudence in India underwent some major changes in the 1980s. The period not only involved executive and legislative activism but also effective judicial activism. An effective measure of judicial activism was the relaxation of locus standi and allowing citizens to approach the courts under Article 32 and Article 226 of the Constitution. © Relaxation of Locus Standi - The Supreme Court has been very sensitive towards the predicaments of the poor and oppressed by allowing “representative standing” ie., by allowing the poor and the oppressed to be represented by the NGOs concemed and other professional groups. © Tort based Litigation - Tortious liabilities for environmental harm are available in the form of trespass to land, nuisance, public nuisance and negligence. The Indian courts have done a notable job in developing the concept of tortious liability in environmental law cases. ¢ The Precautionary Principle - According to this principle, the government and the health authorities are required to take appropriate actions to control and regulate environmental pollution. Environmental activists believe that the lack of full certainty is not a justification to prevent something that might result in serious or irreversible damage.© The Polluter Pays Principle - Polluter Pays Principle is another environmental policy principle, which says that “the cost of the pollution should be bome by the ones who cause it”. ‘© The Sustainable Development Principle - Sustainable development means the type of development which can be sustained by nature/ecology with or without mitigation. 16, Plurilateral Treaties. ‘Ans. Defini n Those treaties where the participation is open to a restricted number of States are deserihed as plurilateral treaties. The regional arrangements as envisaged under Article 52 of the Charter of the United Nations are included under this category. No. of Parties - The minimum number of parties in such treaties should be more than two Although the maximum number may differ from one to another, it should not be open to all or most of the members of the international community as in the case of multilateral treaties. Examples - The European Coal and Steel Community, Organization of the Petroleum Exporting Countries (OPEC), North Atlantic Treaty Organization (NATO), League of Arab States are some of the examples of plurilateral treaties. 17. International Bill Of Rights Ans. What is International Bill Of Rights The International Bill of Human Rights is an informal name given to the series of documents established by the United Nations. It consists of the Universal Declaration of Human Rights (adopted in 1948), the Intemational Covenant on Civil and Political Rights (ICCPR, 1966) with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights (ICESC, 1966) with its optional protocolUDRR - It establishes the rights and freedoms of all members of the human race. It is a primary proclamation of the international community's commitment to human rights as a common standard of achievement for all peoples and for all nations. Its provisions have also influenced various national constitutions, national legislations, regulations and policies that protect fundamental human rights. These domestic manifestations include direct reference to the Universal ICCPR - It is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. Optional Protocols of ICCPR - The First Optional Protocol establishes an individual complaints mechanism, allowing individuals to complain to the Human Rights Committee about violations of the Covenant. The Second Optional Protocol abolishes the death penalty; however, countries were permitted to make a reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during wartime ICESCR - It is a multilateral treaty that commits nations to respect the economic, social, and cultural rights (ESCR) to the Non-SelfGoverning and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right to an adequate standard of living Optional Protocol of ICESCR - It allows its parties to recognise the competence of the Committee on Economie Social and Cultural Rights to consider complaints from individuals. 18, European Convention on Human Rights Ans, What is the Convention? An international treaty known as the European Convention on Human Rights (ECHR; officially the Convention for the Protection of Human Rights and Fundamental Freedoms) was created to safeguard political freedoms and human rights in Europe. The convention was created in 1950 by the then-newly established Council of Europe and went into effect on September 3, 1953. Itis a treaty meant to uphold the rule of law and advance democracy throughout Europe Structure of the Convention Ithas 59 articles in total and is divided into 3 sections. Section 1 - It is composed of Articles 2-18, contains the majority of the rights and liberties.Section 2 - It is composed of Articles 19-51, where a Court is established, along with its procedures. Section 3 - It is composed of Articles 52-59, containing various concluding clauses. Many of the Articles in Section I are divided into two paragraphs: the first outlines a fundamental freedom or right, while the second lists various exclusions, exceptions, or restrictions on the fundamental freedom, Additionally, the Convention includes sixteen protocols that modify the original articles. These concern many different topics, including the right to own property, education, and free elections. ‘The European Court of Human Rights (ECtHR) It is a regional human rights judicial body established under the auspices of the Council of Europe in Strasbourg, France. It supplements the work of the European Committee of Social Rights, which monitors European states’ adherence to social and economic rights. 19. Rights of Workers Ans. International Labor Standards Intemational labor standards are embodied within a range of international organizations and institutions. The International Labor Organization (ILO) is generally acknowledged for its central role in creating and promoting international labor standards. In 1998, the Intemational Labor Organization (ILO) adopted a “Declaration on Fundamental Principles and Rights at Work” in response to growing concerns about the effects of global competition on workers. The Declaration affirms that all ILO member nations have an obligation to respect, promote, and realize the most fundamental workers’ rights: Freedom of Association and the Right to Collective Bargaining © Elimination of all Forms of Forced or Compulsory Labor © Effective Abolition of Child Labor ¢ Elimination of Discrimination in respect of Employment and Occupation © Asaf and healthy working environment Provisions for workers under Indian Constitution © Art 16 - Prohibits the State from discriminating on the basis of religion, race, caste, sex, descent, place of birth, residence, or any combination of these factors, and guarantees equal opportunity in public employment.© Art 19 - Protects ‘the right to free speech and expression, the right to peaceful assembly without the use of arms, the right to assemble in unions or associations, the right to practise any profession, and the right to engage in any occupation, trade, or business.’ © Art 23 - Human trafficking and forced labour are prohibited © Art 24 - Prohibits the employment of children under the age of 14 in any factory, mine, or other hazardous occupation. © Art 39 - There is equal pay for equal work for both men and women; there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; © Art 41 - The State shall make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. © Art 42 - The State shall make provision for securing just and humane conditions of work and for maternity relief. ‘© Art 43 - The State shall endeavour to secure to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of Icisure and social and cultural opportunities © Art 43A - Secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry. Rights of Workers under Indian Labour Laws ‘© Right to work of one’s choice © Right against discrimination © Prohibition of child labour ‘© Just and humane conditions of work © Social security Protection of wages © Redress of grievances ‘© Right to organize and form trade unions, collective bargaining and participation in management20. Mediation. Ans. What is Mediation When the parties are not inclined to settle their dispute by negotiation, or when they fail to settle their dispute by negotiation, they may take the assistance of a third party in resolving their differences. The third party may be appointed by the parties themselves or by the Security Council. When the third party participates in the discussion along with the disputant States, and also gives its own suggestions in resolving the dispute, the process is known as mediation. ‘The Role of a Mediator Mediators are also known as the “Third Party”. The role of the mediator consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance. The mediator is required to be neutral and impartial. He must necessarily meet with them and enter into discussions. He should encourage compromise than advice adherence to legal principles. The mediator may even sign the treaty embodying the settlement reached. The mediator may thus become, to a greater or less degree, perhaps merely by implication, a guarantor of the settlement. ‘The Aim of Mediation The aim is fourfold: to settle disputes, to do so in a peaceful manner and to do so in a manner preserving peace and security as well as justice. The aim of processes like mediation is to find an apt solution that works for the parties and solves their dispute. Mediation by Countries © Tashkent Declaration: The Tashkent declaration of 1966 was mediated by the USSR. It was conflict between India and Pakistan over the Kashmir issue, The declaration led to the restoration of friendly relations between India and Pakistan. © Arab-Israeli Conflict: A recent mediation case has been in the year 2020 where the United States acted as a mediator in solving the Arab-Israeli conflict. 21. Convention on Law of the Sea Ans. What is UNCLOS?The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an intemational agreement that establishes a legal framework for all marine and maritime activities. It was adopted in 1982. It embodies in one instrument traditional rules for the uses of the oceans and at the same time introduces new legal concepts and regimes and addresses new concerns. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. UNCLOS Features Some of the important features of the United Nations Convention on the Law of the Sea are listed below: © Nations are provided with full money rights by UNCLOS for a 200-mile zone along the shoreline. © The sea and oceanic bed extending to this area are regarded to be the Exclusive Economic Zone (EEZ) of a country and that country can use these waters for their economic utilization © Another important organization that plays a vital role in UNCLOS operations is the Intemational Maritime Organization (IMO), © Other important parties involved in Nautical Law and its functioning are the International Seabed Authority and the International Whaling Commission. UNCLOS 1 It resulted in four treaties concluded in 1958: © Convention on the Territorial Sea and Contiguous Zone © Convention on the Continental Shelf © Convention on the High Seas © Convention on Fishing and Conservation of Living Resources of the High Seas Although UNCLOS I was considered a success, it left open the important issue of breadth of territorial waters. UNCLOS 2 In 1960, the United Nations held the second Conference on the Law of the Sea ("UNCLOS II"); however, the six-week Geneva conference did not result in any new agreements.UNCLOS 3 The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagie status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes. The convention set the limit of various areas, measured from a carefully defined baseline. 3. Situational Problem (2 questions, 6 marks each) 1, The closure of many tea gardens in the state of Assam is resulting in loss of jobs for the daily Wage workers who worked in these tea gardens. Many laborers and their family members are Facing acute starvation many a times resulting in deaths. a, Which rights of laborers are violated in the above case. Ans. Right to Livelihood under Art 21, protection of wages, right to social security, right to just and human conditions of work b. What are your suggestions to improve the condition of laborers? ‘Ans. Workers are pushed to acute starvation and even death due to food shortage, extremely low wages, compounded by the absence of proper drinking water, unjustified work conditions and inadequate housing and healthcare facilities. As a relief measure, immediate implementation of the national food security scheme should be done which provides cheap grains as well as safe drinking water to the poor, healthcare and immediate assistance to workers of closed plantations. 2. In recent times there have been ceasefire violations along the India Pakistan border on many Occasions resulting in loss of life of array mace and civilians. a. What are the results of such ceasefire violations under International lv Ans. The State which violated the agreement will be held responsible under the principle of State responsibility. A state must make full reparation for any injury caused by an illegal act for which it is internationally responsible. Reparation consists of restitution of the original situation if possible, compensation where this is not possible, or satisfaction (ie acknowledgment of an apology for the breach) if neither is possible. b. What are the rights of affected states in such situations?ED Ans, The affected state has a right to self-defence and take all the necessary steps to protect its sovereignty and territorial integrity, and ensure peace and security of its citizens at all times. ‘The 1972 Stockholm conference had the effect of initiating worldwide participation and Partnership in creating awareness to preserve the environment from further damage. tate two major suggestions of the Stockholm conference for improvement of the Environment. Ans. (1) Management of Renewable Resources - In the war of saving our resourees, the human community needs to come up as one unit to maintain the capacity of the earth to produce vital renewable resources, (2) Pollution Control - Every person should put their possible efforts and should protect the environment from pollution. Everyone has to struggle a bit to control the pollution on the earth so that everyone enjoys nature without pollution. b. Write any two provisions which were inserted in the Indian constitution as an impact of the Stockholm conference. Ans, Article 48-A - an obligation on the state to “protect and develop the environment, as well as safeguard the country’s forests and wildlife”. Article S1-A (g) - Citizens have a basic responsibility to “protect and develop the natural environment, including forests, lakes, rivers, and animals, and to show compassion for living creatures,” Sarita a middle class girl from village Got married te Mahesh who was a class one Officer in Maharashtra Public Service Commission. After her marriage she went to Stay with her husband in Mumbai. Mahesh did not take her to any of the social Gatherings and told her that he feels ashamed of her and gradually he started abusing her Verbally & physically. a. Which rights of Sarita are violated in the above case? Explain. Ans. Right to live with dignity and Respect - Not only the laws for married women’s rights in India, but also the fundamental right guaranteed under Article 21 of the Constitution of India ensures a person’s right to live with dignity.Right against Violence - The Protection of Women Under Domestic Violence Aet (D.V. Act), 2005 criminalises physical, emotional, sexual, economical and other forms of ill-treatment. ‘The right to participate in recreational activities, sports and all aspects of cultural life under CEDAW. b. Write any two legislations which aim at upliftment of rights of women passed. Ans. The Protection of Women From Domestic Violence Act,2005, The Maternity Benefit Act 1961 c ldren below the age of 14 years should be given free and compulsory education as per the amendment in the Constitution. The Supreme Court Has been instrumental in bringing the welcome change by way of its enthusiastic judgments. a. Which convention deals with the issues related to children? Ans. Convention on the Rights of the Child (CRC). b. Write a note on the rights of Children with the help of case laws. Ans. United Nations educational guides for children classify the rights outlined in the Convention on the Rights of the Child as the “3 Ps‘: Provi mn, Protection, and Participation. They may be elaborated as follows: © Provision: Children have the right to an adequate standard of living, health care, education and services, and to play and recreation. These include a balanced diet, a warm bed to sleep in, and access to schooling, © Protection: Children have the right to protection from abuse, neglect, exploitation and discrimination. This includes the right to safe places for children to play; constructive child rearing behavior, and acknowledgment of the evolving capacities of children. © Participation: Children have the right to participate in communities and have programs and services for themselves. This includes children’s involvement in libraries and community programs, youth voice activities, and involving children as decision-makers. In Gaurav Jain v Union of India, the Supreme Court held that the children of the prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of the mainstream of social life without any pre-stigma attached on them,6. Ina Supreme Court Judgement the court reinforced the argument that all the Three organs of Government; legislature, executive and judiciary must act According to the constitutional mandate of equality between men and women. a. Give any two landmark judgments of the Supreme Court reinforcing Right to equality for women. Ans. Shayara Bano v. Union of India - The SC on the practice of Triple talag held that the practice was demeaning to women's integrity and equality, as it breached our Constitution's Articles 14, 12, 21, and 25. Vishakha & Ors. v. State of Rajasthan - The SC held that Gender equality includes protection from sexual harassment and right to work with dignity, which is a universally recognised basic human right. b. Explain how the legislature has actively incorporated the above Observation of the Supreme Court. Ans. c. Give the names of a few Acts on The rights of women. Ans. The Provisions of The Protection of Women From Domestic Violence Act,2005. Dowry Prohibition Act, 1961, The Maternity Benefit Act 1961, Muslim Women (Protection of rights on divorce) Act 1986 7. A mail steamer collided on the high seas with another ship. There were Allegations that the collision was caused due to negligence of the officer Who was commanding the steamer. As a result of the collision the ship sank And some persons on board died. a. Write the name of the famous case relating to similar circumstances. Ans. The Lotus Case (France vs Turkey) bw ich court gave the judgement. Ans. Permanent Court of International Justice c. Explain the judgement in short in the above case. Ans. The French and the Turkish government were strongly blaming each other and Monsieur Demons was being charged by the Turkish government for knowingly causing theaccident. The French government further contended that only they have a right to trial the individual because the incident involved a French ship and a French National The PCI held that Turkey had violated no norms of International Law by instituting a case against Monsieur Demons and also had no rights to prosecute him, ‘The Court held that a ship in the high seas is assimilated to the territory of the flag State. This State may exercise its jurisdiction over the ship, in the same way as it exercises its jurisdiction over its land, to the exclusion of all other States. In this case, the Court equated the Turkish vessel to Turkish territory. 8. Ina remote District in the State of Battisgarh, a group of twenty five women Were forced by local District administration to undergo sterilisation. Due to Medical negligence, fifteen women lost their lives. A local NGO wants to file a PIL. a, According to you, what fundamental rights have been violated in this Case? b. Under which Constitutional provisions can the NGO file PIL? ¢. Can the Court award compensation to the families of deceased Women in PIL? 9. The State of Iraq annexes the neighbouring State of Suwait. The UN Security Council passed a resolution directing the State of Iraq to withdraw its forces From the State of Suwait. When. the State of Iraq refused to comply with The resolution, the UN Security Council passed further resolution calling upon All the member states to provide support to military action against the State Of Iraq. a, Are the UN security Council Resolutions passed, under the UN Charter binding on the States? b, Does the UN Security Council have power to take military action Against the States which do not comply with its resolutions? ¢. Write a historical precedent governing the situation, 10. In the District of O-P. in India, many cases of communal violence have taken place In the last four months in which instances of atrocities against members of minority Community have been reported. Mr. X is one such vietim from the minority Community. He has demanded inquiry into these cases. a, Which Commission can take cognisance of Mz. X’s complaint? of commission? b, What are the powers concerning ingui ¢. Write constitutional provisions for protection of minorities,11. Air India Authority made regulations and prescribed for different retirement Age and rules of service for male and female attendants. The petitioner Air Hostess was terminated from her job on the ground of her first pregnancy. The Petitioner challenged this rule. a. Are human rights violated in the above case? Give reasons with the help Of case laws. b. Explain the provisions of ‘Art 14 and Art 15 as laid down in the Constitution Of India. 12. Aranjho was a national of the State of Synthia. The Civil war in Synthia forced People to move to some other country. Aranjho along with his family moved to A neighbouring country, Burgus. Burgus allowed the people from Synthia to Stay, but declined to give them citizenship. ‘a. Define Nationality. b. Who are aliens? What are the rights of aliens? 13. Aman was detained in the local police station by the police. Later on, his body Was found lying on the railway tracks. The police claim that he committed Suicide, but post-mortem report revealed that he died of intemal injuries that May have caused due to exces: e beatings, a, Which Convention aims at safeguarding the rights of prisoners? Give Two case laws b. What are the guidelines given by the Supreme Court in cases of custodial Violence and custodial deaths? Write the views of the Supreme Court about Compensation in the above situations. 4. Write in detail (2 questions, 12 marks each) 1. What is a treaty? What is reservation in a treaty? Write stages of a treaty. Ans, Treaty Definition The term treaty means a written agreement by which two or more States or international organizations create or intend to create a relation between themselves operating within the sphere of Intemational Law. A treaty may be called a treaty, but at the same time, a variety of other names may be attributed to the term such as convention, agreement, protocol, declaration, arrangements, accord, additional articles, aide memoire, code, communique, compact, contract, instrument and optional clause. Reservation in a Treaty