i.l_study_plan

Prepared by: Altaf Ahmed Sheikh – CSS2011

[email protected] http://altafsheikh.wordpress.com

INTERNATIONAL LAW STUDY PLAN ACCORDING TO ANALYSIS OF PAST PAPERS

STUDY AREA – I : NATURE, OBJECT, PURPOSE, BASIS AND SOURCES OF INTERNATIONAL LAW 2010 – Give such a definition of International Law which could cover all the modern trends in it? 2008 – John Austin says “International Law is not a real Law, but a positive International Morality.” Do you agree with him? Give arguments in support of your answer. 2007 – "In the absence of any form of international legislature of democratic states, international law was said to be based upon the consent of the states upon their individual acceptance of its principles and rules." Discuss. 2006 –“International Law is a Law regulating the rights and duties of states and creating no rights and imposing no duties on individuals”. Do you agree with this statement? Why or why not? Argue. 2005 – Define International Law. Do you agree with John Austin’s concept “International Law is not a true law, but a positive international morality”? Elaborate your answer with appropriate arguments. 2005 – What are the sources of International Law? Discuss any two of them in detail. 2001 – Explain in detail the object, purpose and basis of international law. AREA OF FOCUS

« Various definitions of International Law « International Law is positive International Morality. (John Austin). Discuss. « Object, purpose and basis of international law. « Sources of International law.

STUDY AREA – II: INDIVIDUAL AND STATE AS SUBJECTS OF INTERNATIONAL LAW (SECESSION, SOVEREIGNTY, RECOGNITION, TERRITORY, JURISDICTION, NATIONALITY, ETC) 2010 – Discuss various modes of Acquisition of Territorial Sovereignty by the states acknowledged in International Law. 2010 – What is meant by 'Subjects of International Law'? Justify Individuals as the subject of International Law by giving appropriate examples. 2010 – Define Recognition. Differentiate between Defacto and Dejure Recognition. 2009 – Define State jurisdiction and explain how domestic jurisdiction can be limited by and reduced by principles of International Law? 2009 – Territory is undoubtedly the basic character of a state as well as widely accepted elaborate with reference to exclusive rights of states on Land and Air territory. 2009 – Define International personality and discuss various entities as International Legal person. 2008 – Discuss Recognition. Differentiate between de-jure and de-facto recognition. What are the disabilities of an unrecognized state?

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2008 – Briefly and precisely define SUBJECTS International Law. Do you agree that INDIVIDUALS can be considered as subjects of International Law? Give appropriate examples in this regard. 2007 – Explain the various modes of acquiring and losing NATIONALITY. What is DOUBLE NATIONALITY and STATELESSNESS? 2007 – "What is meant by RECOGNITION of STATES as a member of FAMILY of NATIONS? State the different modes of such recognition. 2005 – What does Subjects of international law mean? Discuss individuals as subjects of International Law. Elaborate your answer with the appropriate examples. 2003 – Describe the legal nature of recognition of states, with particular reference to difference between defacto and Dejure recognition. 2003 – Discuss the term “State jurisdiction“ with reference to (a) Maritime belt (b) Port (c) Foreigners (d) Floating island 2002 – Explain the various modes of acquiring and losing nationality. What is double Nationality and Statelessness? 2000 – What do you understand by 'Recognition of States' and 'Recognition of Governments’? Explain fully the distinction between ‘Recognition Dejure’ and ‘Recognition Defacto’. AREA OF FOCUS

« Subjects of International Law « Recognition and its types. « Jurisdiction and limitations « Nationality, Double Nationality

STUDY AREA – III: RIGHTS AND DUTIES OF STATE, STATE NEUTRALITY, QUASI NEUTRALITY, DISPLOMATIC RELATIONS, ASYLUM, IMMUNITY, EXTRADITION 2010 – Discuss the concept of Neutralization. How is it done? Explain the Rights, Duties and Guarantees given to a neutralized state. 2009 – Describe Importance of diplomacy in interstate relations and discuss the concept of diplomacy and immunity? 2008 – Give precise definition of Extradition. Write a comprehensive essay on extradition by covering all its aspects. 2008 – Differentiate between Territorial and Extra-Territorial Asylum. Under which circumstances an Embassy or Consulate can offer asylum to a fugitive/offender of the territorial State?




2006 – Discuss the liability of the following: a) The ambassador of the Republic of Brondasia in Islamabad murders a Pakistani out of sudden provocation. b) The wife of the Brondasian ambassador bought cosmetics worth Rs.1000,000 from a local departmental store, refused to pay and went away to her embassy. c) A Pakistani friend of the Brondasian ambassador has murdered a Brondasian employee of the embassy. 2006 – A Pakistani citizen working in the embassy of a foreign country in Islamabad, has committed an offence against another Pakistani citizen. The Pakistani police want to arrest such person. However, the ambassador is refusing to handover the accused to the police with the plea that the accused has a diplomatic immunity. Do you agree with the pleas of the ambassador? Why or why not? 2005 – Differentiate between Neutralized and Neutral States. Discuss the rights and duties of a neutral state. 2005 – Discuss the concept of extradition. Explain main principles of extradition. Discuss also the crimes exempted from extradition. 2004 – Fully explain the duties of a Sovereign State with special reference to: (a) Not to interfere in the domestic affairs of another state (b) To refrain from use of threat of use force against another state 2003 – State the various kinds and classes of diplomatic agents and mention their privileges and immunities. 2002 – “State immunity has become a mere fiction which the law can do with out. The principle is gradually withering away, a process already under way and constantly gaining momentum. Do you agree? Give reasons in support of your answer. 2001 – Define nationality. What are neutral and neutralized states? AREA OF FOCUS

« Rights and Duties of a sovereign state « Neutral and Neutralized states « Importance of diplomatic relations « Immunity of a diplomat « Extradition

STUDY AREA – IV: LAW OF SEA, MARITIME HIGHWAYS, CANALS 2008 – Define High Seas. Explain the concept of Freedom of High Seas along-with restrictions over it. 2006 – Discuss the extent to which a state can claim jurisdiction over the high seas in war and peace. Is an appropriation by a state of the underwater soil allowed in International Law? 2003 – Describe international rivers. State the principles of law, regulating the use of water and navigation in international rivers. 2001 - Write short notes on any three of the following in the light of convention on the law of sea 1982 and our maritime zone act of 1976. You must discuss the nature of jurisdiction, right and duties. (a) Internal Waters




(b) Continental Shelf (c) Territorial Waters (d) Land-locked State (e) EEZ 2001 – Write a comprehensive note on international rivers and international canal. AREA OF FOCUS

« High seas, International Waters – Claims and Jurisdiction « Landlocked zones « Law/regulations governing International Waters

STUDY AREA – V: INTERNATIONAL DISPUTES, HIJACKING, INTERVENTION 2010, 2008, 2005, 2004, 2002 – Discuss in detail amicable means for settlement of international disputes. 2006 – “Whatever the morality of intervention, states have no right under International Law to intervene on the territory of other states in order to prevent alleged crimes against humanity or to uphold human rights norms.” Discuss. 2004 – Define Blockade. What are the essentials of real and binding Blockade? What does it terminate? Refer to leading cases. 2004 – The frequent ‘Interventions’ have challenged the validity of some of fundamental principles of International Law. What are those principles? Discuss in the light of interventions in Afghanistan and Iraq by the super-powers. 2004 – Explain how the problem of Hijacking has been dealt with under the International Law? AREA OF FOCUS

« Ways of resolving International disputes. « Blockade « Intervention

STUDY AREA – VI: INTERNATIONAL ORGANIZATIONS (UNO, ICJ, ILO), TREATIES, CONVENTIONS, AGREEMENTS 2010 – Keeping in view the objectives of the charter seeking to establish a mechanism of peace and security how far has United Nations succeeded in confronting changes in Global society? 2009 – How far has the United Nation succeeded in developing a comprehensive system of Human Rights protection? Can emphasis on social justice and Human rights lead to a stable International Order? 2007 – What is "VETO?" How, when and by whom it is used?




2007 – Coercion against a state renders a Treaty invalid. Discuss main features of the principles. Also elaborate TWO other methods of rendering invalid the consent of a State to be bound by a treaty. 2007 – State and discuss in brief the various steps mentioned by STARKE in the creation of legal obligation by a treaty. 2006 – Describe the functions of a Prize Court. What law does it administer? 2004 – How are ‘Prisoners of war’ to be treated under International Law? Explain with reference to various conventions. 2003 – What is veto? How, when and by whom is used? 2003 – State and discuss in brief the various steps mentioned by Starke in the creation of legal obligation by a treaty. 2002 – Coercion against a state renders a treaty invalid. Discuss main features of the principle. Also elaborate two other methods of rendering invalid the consent of a state to be bound by a treaty. 2002 – What do you understand by international institutions? Discuss their status and functions as subject of international law. 2001 – The jurisdiction of international court of justice depends on the consent of the parties concerned. Discuss. 2001 – Discuss Kashmir dispute in the light of

• Right of self determination • UN Security Council resolution • Non interference in internal affairs • legal status of election in Kashmir • Simla agreement

2000 – Critically examine the powers and the voting procedure of the U.N. Security Council. 2000 - Write a detailed note on the International-court of Justice with particular reference to its powers to exercise jurisdiction over disputant states. 2000 – Define a ‘Treaty’. State how are they concluded and terminated?- Explain it in the light of Vienna Convention on the Law of Treaties 1969. AREA OF FOCUS

« International Institutions – History, Role « United Nations (UNSC, VETO) « Treaty – Its legal binding, validity « ‘Prisoners of War’- Their status and treatment « Kashmir dispute – Legal status, history, conventions, solutions.

STUDY AREA – VII: MOST IMPORTANT CASES 2004 – Enumerate the principles of International Law involved in the decision of Corfu Channel Case. Assess the impact that decision on the growth and development of International Law.




2001 – Enumerates with short explanation the main principles discussed in any two of the following cases.

1. Lotus case 2. Clarence Thomas and Anita hill case 3. American diplomat case

AREA OF FOCUS

« Lotus Case « Clarence Thomas and Anita Hill Case « American Diplomat Case « Corfu Channel Case « Scotia Case

MISCELLANEOUS 2010 – Give an account of the efforts of international community to protect the civilian population from the effects of war. 2009 – How far do you think that International Law is based on common consent of States? Evaluate importance of customary law and treaty law as binding in this regard 2006 – What is the duty of other states in case of internal revolt in an independent state? Can they help the rebels? Under what circumstances recognition may be accorded to the rebels? 2000 – Explain the rules which’ govern the application of International Law by Municipal Courts. Give your answer in the light of the court practice with special reference to the British and American Courts. SHORT NOTES 2010 – 2009 – 2008 – 2007 – Write short notes on: (a) universal declaration of human rights (b) international court of justice (c) international boundaries (d) extradition (e) neutrality 2006 – 2005 – Write short notes on any two of the followings: a) Continental Shelf b) Rights of Prisoners of War c) Scotia Case 2004 –




2003 – Write short notes (a) Double nationality (b) De facto recognition (c) International boundaries (d) Extradition (e) Neutrality 2002 – Write short note on any four. (a) Territorial waters (b) Monroe’s doctrine (c) Equality of states (d) Doctrine of Postliminium (e) Prize courts (f) Continuous voyage 2002 – Write short notes on any four of the following. (a) Kellogg Briand Pact 1928 (b) The Geneva Convention 1929 (c) Pacta Sunt Servanda (d) Protectorate (e) State servitude 2001 – 2000 – Write short notes on any FOUR of the following: (a) High Seas (b) Nationality (c) High jacking (d) Intervention (e) Chorzow Factory case, Germany V. Poland (1928) , P.C.I.J. Rep. Ser. A, No.17 2000 - Write short notes on any FOUR of the following: (a) Human Rights (b) Exclusive Economic Zone (c) Calvo Clause (d) Blockade (e) Corfu Channel Case, U.K.V. Albania(1948), I.C.J. Rep. 1949.

Wish You Good Luck!


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