Comprehension
The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem-solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly “moral” in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging “international community,” questioned the prevailing contractual models of international law and emphasised the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states’ freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed-and what we are likely to see-is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules.
[The extract is part of the article “The Decay of Consent: International Law in an Age of Global Public Goods” by Krisch N, in the American Journal of International Law].
[The extract is part of the article “The Decay of Consent: International Law in an Age of Global Public Goods” by Krisch N, in the American Journal of International Law].
Question: 1
Abstract refers to the principle of ‘non-intervention’. Which of the following statements is not true with respect to the principle of ‘non-intervention’ enshrined in Article 2(7) of the UN Charter:
Abstract refers to the principle of ‘non-intervention’. Which of the following statements is not true with respect to the principle of ‘non-intervention’ enshrined in Article 2(7) of the UN Charter:
Updated On: Nov 7, 2024
- The United Nations should not intervene in matters which are essentially within the domestic jurisdiction of any state
- The United Nations shall not require the Members to submit such matters which are essentially within the domestic jurisdiction to settlement under the present Charter
- The principle of non-intervention shall not prejudice the application of enforcement measures under Chapter-VII of UN Charter.
- As per the wordings of Article 2(7) of the UN Charter, the obligation with respect to ‘non-intervention’ under this provision applies to both the United Nations and its members.
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The non-intervention principle primarily restricts the United Nations’ actions in
domestic matters of member states, but it does not apply to individual members themselves.
This restriction can be bypassed in cases involving international peace and security.
The correct option is (D): As per the wordings of Article 2(7) of the UN Charter, the obligation with respect to ‘non-intervention’ under this provision applies to both the United Nations and its members.
Was this answer helpful?
0
0
Question: 2
Extract refers to several institutions with law-making power. Security Council may be one such institution. Which of the following statements is not true with respect to the Security Council?
Extract refers to several institutions with law-making power. Security Council may be one such institution. Which of the following statements is not true with respect to the Security Council?
Updated On: Nov 7, 2024
- Each member of the Security Council shall have one vote.
- Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
- Decisions of the Security Council on procedural shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members
- Decisions of the Security Council on procedural shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct voting procedure for procedural matters in the Security Council re-
quires only nine affirmative votes without the concurring votes of the permanent members,
which is different from substantive matters.
The correct option is (C): Decisions of the Security Council on procedural shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members
Was this answer helpful?
0
0
Question: 3
Extract refers to ‘norms and processes reflecting community values’. In this context, Jus cogens norms serve to protect the fundamental values of the international community. Which of the following is not true with respect to jus cogens?
Extract refers to ‘norms and processes reflecting community values’. In this context, Jus cogens norms serve to protect the fundamental values of the international community. Which of the following is not true with respect to jus cogens?
Updated On: Nov 7, 2024
- It is a norm accepted and recognised by the international community of States as a whole as a norm from which no derogation is permitted.
- It can be modified only by a subsequent norm of general international law having the same character
- A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law (Jus Cogens).
- States are bound by Peremptory norms of general international law (Jus Cogens) only when they have given express consent to it in writing.
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
Jus cogens norms are binding on all states universally, without the need for indi-
vidual state consent, as they represent fundamental principles of international law.
The correct option is (D): States are bound by Peremptory norms of general international law (Jus Cogens) only when they have given express consent to it in writing.
Was this answer helpful?
0
0
Question: 4
Article 25 of the UN Charter states, ‘The Members of the United Nations agree to accept and carry out the decisions of the _______ in accordance with the present Charter.’ Which of the following organ(s) of the United Nations is/are being referred to in Article 25:
Article 25 of the UN Charter states, ‘The Members of the United Nations agree to accept and carry out the decisions of the _______ in accordance with the present Charter.’ Which of the following organ(s) of the United Nations is/are being referred to in Article 25:
Updated On: Nov 7, 2024
- Security Council
- International Court of Justice
- Security Council and General Assembly
- Security Council and International Court of Justice
Hide Solution
Verified By Collegedunia
The Correct Option is A
Solution and Explanation
Article 25 of the UN Charter requires all member states to comply with the decisions of the Security Council, giving it binding authority in maintaining international peace
and security.
The correct option is (A): Security Council
Was this answer helpful?
0
0
Question: 5
Which of the following statements is not true with respect to ‘customary international law’?
Which of the following statements is not true with respect to ‘customary international law’?
Updated On: Nov 7, 2024
- In the Asylum case 1950, ICJ declared that a customary rule must be ‘in accordance with a constant and uniform usage practiced by the States in question’
- In the North Sea Continental Shelf cases, 1969, ICJ remarked that state practice had to be ‘both extensive and virtually uniform in the sense of the provision invoked’
- In the Nicaragua v. United States case, 1986, ICJ said that it was not necessary that the practice in question had to be ‘in absolutely rigorous conformity’ with the purported customary rule
- In the Right of Passage over Indian Territory case, 1960, ICJ denied the existence of local custom between the two states.
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
In the Right of Passage case, the ICJ recognized the existence of local custom
between India and Portugal, contrary to the statement provided.
The correct option is (D): In the Right of Passage over Indian Territory case, 1960, ICJ denied the existence of local custom between the two states.
Was this answer helpful?
0
0
Top Questions on Public International Law
- Match the followingSelect the correct option:
I. Uti Possidetis 1. Principle in customary international law providing that where there has been a fundamental change of circumstances since an agreement was concluded, a party to that agreement may withdraw from or terminate it. II. Pacta Sunt Servanda 2. Two or more states equally exercise sovereignty with respect to a territory and its inhabitants. III. Condominium 3. Doctrine that territory remains with the possessor state at the end of war or occupation unless otherwise determined by a treaty or an agreement. IV. Rebus Sic Stantibus 4. Proposition that treaties are binding upon the parties to them and must be performed in good faith. - AILET LLM - 2025
- Legal Studies
- Public International Law
- A key pillar of International Refugee law is that “No Contracting State shall expel or return [...] a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” This is also referred to as:
- AILET LLM - 2025
- Legal Studies
- Public International Law
- Consider the following statements with respect to Geographical Indication protection
(i) The WTO TRIPs Agreement identifies Geographical Indications as Intellectual Property
(ii) Lucknow Chikankari and Bikaneri Bhujia are recognised Gs in India
(iii) The G registration can be obtained in respect of goods and services
(iv) The G registration is valid for a period of 15 years only and is non-renewableWhich of the statements given above is/are incorrect?- AILET LLM - 2025
- Legal Studies
- Public International Law
- A fundamentality principle of international humanitarian law is the principle of proportionality. Which of the following statement most appropriately describes the principle?
- AILET LLM - 2025
- Legal Studies
- Public International Law
- Which of the following is not a core international human rights treaty?
- AILET LLM - 2025
- Legal Studies
- Public International Law
View More Questions
Questions Asked in CLAT PG exam
- The Hon’ble Supreme Court in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’ 2008(3) Apex Court Judgements 232 (SC), while granting the custody to the maternal grandparents observed: In our judgement, the law relating to custody of a child is fairly well settled and it is this. In deciding a difficult and complex question as to custody of minor, a Court of law should keep in mind relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a humane problem in live in relationship and is required to be solved with human touch. A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is exercising parens patriae jurisdiction and is expected, may bound, to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development and favorable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable consideration. If the minor is old enough to form an intelligent preference or judgement, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.
The Hon’ble Supreme Court in the case of ‘Gaurav Nagpal v. Semedha Nagpal’-(2009)1 SCC 42, while giving paramount importance to the welfare of the child, which should include moral and ethical values, besides ethical well-being, observed as under:
When the court is confronted with conflicting demands made by the parents, each time it has to justify the demands. The Court has not only to look at the issue on legalistic basis, in such matters human angles are relevant for deciding those issues. The Court then does not give emphasis on what the parties say, it has to exercise a jurisdiction which is aimed at the welfare of the minor. As observed recently in Mausami Moitra Ganguli case, the Court has to give due weightage to the child’s ordinary contentment, health, education, intellectual development and favorable surroundings, but over and above physical comforts, the moral and ethical values have also to be noted. They are equal if not more important than the others.
(Extracts from Jaswinder Singh and Another vs Surjit Singh, AIR 2010 (NOC) 425 (P. & H.))- CLAT PG - 2025
- Family Laws
- The Companies Act, 2013 does not deal with insolvency and bankruptcy when the companies are unable to pay their debts or the aspects relating to the revival and rehabilitation of the companies and their winding up if revival and rehabilitation is not possible. In principle, it cannot be doubted that the cases of revival or winding up of the company on the ground of insolvency and inability to pay debts are different from cases where companies are wound up under Section 271 of the Companies Act, 2013. The two situations are not identical. Under Section 271 of the Companies Act, 2013, even a running and financially sound company can also be wound up for the reasons in clauses (a) to (e). The reasons and grounds for winding up under Section 271 of the Companies Act, 2013 are vastly different from the reasons and grounds for the revival and rehabilitation scheme as envisaged under the IBC. The two enactments deal with two distinct situations and in our opinion, they cannot be equated when we examine whether there is discrimination or violation of Article 14 of the Constitution of India. For the revival and rehabilitation of the companies, certain sacrifices are required from all quarters, including the workmen. In case of insolvent companies, for the sake of survival and regeneration, everyone, including the secured creditors and the Central and State Government, are required to make sacrifices. The workmen also have a stake and benefit from the revival of the company, and therefore unless it is found that the sacrifices envisaged for the workmen, which certainly form a separate class, are onerous and burdensome so as to be manifestly unjust and arbitrary, we will not set aside the legislation,solely on the ground that some or marginal sacrifice is to be made by the workers. We would also reject the argument that to find out whether there was a violation of Article 14 of the Constitution of India or whether the right to life under Article 21 Constitution of India was infringed, we must word by word examine the waterfall mechanism envisaged under the Companies Act, 2013, where the company is wound up in terms of grounds (a) to (e) of Section 271 of the Companies Act, 2013; and the rights of the workmen when the insolvent company is sought to be revived, rehabilitated or wound up under the Code. The grounds and situations in the context of the objective and purpose of the two enactments are entirely different.
(Extracted, with edits and revision, from the judgement in Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors, 2023 SCC Online SC 547)- CLAT PG - 2025
- Company Law
- Ahmadi, J. (as he then was) speaking for himself and Punchhi, J., endorsed the recommendations in the following words-The time is ripe for taking stock of the working of the various Tribunals set up in the country after the insertion of Articles 323-A and 323-B in the Constitution. After the incorporation of these two articles, Acts have been enacted where-under tribunals have been constituted for dispensation of justice. Sufficient time has passed, and experience gained in these last few years for taking stock of the situation with a view to finding out if they have served the purpose and objectives for which they were constituted. Complaints have been heard in regard to the functioning of other tribunals as well and it is time that a body like the Law Commission of India has a comprehensive look-in with a view to suggesting measures for their improved functioning. That body can also suggest changes in the different statutes and evolve a model on the basis whereof tribunals may be constituted or reconstituted with a view to ensuring greater independence. An intensive and extensive study needs to be undertaken by the Law Commission in regard to the Constitution of tribunals under various statutes with a view to ensuring their independence so that the public confidence in such tribunals may increase and the quality of their performance may improve.
Before parting with the case, it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)- CLAT PG - 2025
- Constitutional Laws
- The elements of tort of negligence consist in – (a) duty of care; (b) duty is owed to the plaintiff; (c) the duty has been carelessly breached. Negligence does not entail liability unless the exacts a duty in the given circumstances to observe care. Duty is an obligation recognised by law to avoid conduct fraught with unreasonable risk of damage to others. The question whether duty exists in a particular situation involves determination of law. Hence, three ingredients are necessary for the existence of a duty of care: (i) foreseeability of the damage, (ii) proximity of relationship between the parties; and (iii) whether it is “just, fair and reasonable” that the law should impose a duty of care. In Caparo Industries Plc. v. Dickman, 1990 2AC 605, the court held that breach of duty is concerned with the standard of care that ought to have been adopted in the circumstances and whether the defendant’s conduct fell below that standard i.e., whether he was careless.
The court while quoting Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum, 1997 stated that as a tort, negligence consists of legal duty to take care and breach of that duty. Duty determines whether the type of loss suffered by the plaintiff in the particular way in which to occurred can ever be actionable. The division of negligence into duty, breach and consequent damage is convenient for the purpose of exposition but it can be confusing because the issues will often overlap. The process of determining a breach of duty involves three steps: First, it is necessary to ascertain the qualities of the reasonable person, given the qualities attributed to him, would have taken in the circumstances. The factors that are permissible to take into account in this regard are prescribed by law, but the amount of care that the reasonable person would have taken is a question of fact. Thirdly, it must be determined whether the defendant took less care than the reasonable person would have taken.
(Extracts from Managing Director, Kerala Tourism Development Corporation Limited v. Deepti Singh and Ors., 2019 SC)- CLAT PG - 2025
- Law of Torts
- Article 14 of the Constitution stipulates that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Article 15(1) states that the State should not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(4) stipulates that nothing in Article 15 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16 deals with equality of opportunity in matters of public employment. Clause (1) of Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (2) stipulates that no citizen shall be discriminated in or be ineligible for any employment or office under the State on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) of the provision states that nothing in Article 16 shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State. The purpose of the equal opportunity principle in Article 16(1) and the reservation provision in Article 16(4) has emerged as a focal point of the jurisprudence on reservations in this Court. A discussion of the journey of the competing models of equality that the Court has espoused and their evolution over the course of the years is necessary to understand the constitutional vision on equality.
The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
(Extract from The State of Punjab & Ors. v. Davinder Singh & Ors. 2024 SC)- CLAT PG - 2025
- Constitutional Laws
View More Questions