Comprehension
To every State whose land territory is at any place washed by the sea, international law attaches a corresponding portion of maritime territory... International law does not say to a State: “You are entitled to claim territorial waters if you want them”. No maritime State can refuse them. International law imposes upon a maritime State, certain obligations and confers upon it certain rights arising out of the sovereignty which it exercises over its maritime territory. The possession of this territory is not optional, not dependent upon the will of the State, but compulsory. In the ninth edition of Oppenheim’s International Law, the nationality of ships in the high seas has been referred to in paragraph 287, wherein it has been observed that the legal order on the high seas is based primarily on the rule of International Law which requires every vessel sailing the high seas to possess the nationality of, and to fly the flag of, one State, whereby a vessel and persons on board the vessel are subjected to the law of the State of the flag and in general subject to its exclusive jurisdiction. In paragraph 291 of the aforesaid discourse, the learned author has defined the scope of flag jurisdiction to mean that jurisdiction in the high seas is dependent upon the Maritime Flag under which vessels sail, because no State can extend its territorial jurisdiction to the high seas. Of course, the aforesaid principle is subject to the right of ‘hot pursuit’, which is an exception to the exclusiveness of the flag jurisdiction over ships on the high seas in certain special cases.
Question: 1
A Coastal State, subject to the obligations imposed by International Law, has sovereignty over its:
A Coastal State, subject to the obligations imposed by International Law, has sovereignty over its:
Updated On: Jul 11, 2024
- Territorial waters, the seabed and subsoil underlying such waters, and the air space above them.
- Territorial waters, the seabed and subsoil underlying such waters.
- Territorial waters only.
- Territorial waters and the air space above them.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): Territorial waters, the seabed and subsoil underlying such waters, and the air space above them.
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Question: 2
Which provision of the United Nations Convention on the Law of the Sea 1982 (UNCLOS) makes an express declaration that: “No State may validly purport to subject any part of the high seas to its sovereignty.” ?
Which provision of the United Nations Convention on the Law of the Sea 1982 (UNCLOS) makes an express declaration that: “No State may validly purport to subject any part of the high seas to its sovereignty.” ?
Updated On: Jul 11, 2024
- Article 86
- Article 87
- Article 88
- Article 89
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (D): Article 89
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Question: 3
According to Article 94(7) of the United Nations Convention on the Law of the Sea 1982 (UNCLOS), in the event of a marine casualty or incident of navigation on the high seas involving a ship flying a State’s flag and causing loss of life or serious injury to nationals of another State, which of the following shall be the duty of the Flag State?
According to Article 94(7) of the United Nations Convention on the Law of the Sea 1982 (UNCLOS), in the event of a marine casualty or incident of navigation on the high seas involving a ship flying a State’s flag and causing loss of life or serious injury to nationals of another State, which of the following shall be the duty of the Flag State?
Updated On: Jul 11, 2024
- To conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to mitigate the damage so caused.
- To cause an inquiry to be held by or before suitably qualified person(s) into such casualty or incident.
- To investigate the matter and, if appropriate, take any action necessary to remedy the situation.
- To assume jurisdiction under its internal law over such casualty or incident in respect of its administrative, technical and social implications.
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): To cause an inquiry to be held by or before suitably qualified person(s) into such casualty or incident.
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Question: 4
Territorial waters are not only ‘territory’ but also a compulsory _____ to the coastal state.
Territorial waters are not only ‘territory’ but also a compulsory _____ to the coastal state.
Updated On: Jul 11, 2024
- Liability
- Equitable interest
- Appurtenance
- Trust
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The Correct Option is C
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The Correct Answe is option (C): Appurtenance
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Question: 5
The right of ‘hot pursuit’, which has been codified in Article 111 United Nations Convention on the Law of the Sea 1982 (UNCLOS) recognises that:
The right of ‘hot pursuit’, which has been codified in Article 111 United Nations Convention on the Law of the Sea 1982 (UNCLOS) recognises that:
Updated On: Jul 11, 2024
- A vessel, if it has committed a violation of the laws of a foreign State while in that State’s sovereign or territorial waters, may be pursued onto the high seas.
- A vessel, if it has committed a violation of the provisions of the UNCLOS while in that State’s sovereign or territorial waters, may be pursued onto the high seas.
- A vessel, if it has committed a violation of the laws of a foreign State while in that State’s sovereign or territorial waters, may be pursued onto the foreign State’s sovereign or territorial waters.
- A vessel, if it has committed a violation of the laws of a foreign State while in that State’s sovereign or territorial waters, may be pursued onto a third State’s sovereign or territorial waters.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): A vessel, if it has committed a violation of the laws of a foreign State while in that State’s sovereign or territorial waters, may be pursued onto the high seas.
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Question: 6
In which of the following judgments, the Supreme Court of India has opined that “sovereignty is not ‘given’, but it is only asserted”?
In which of the following judgments, the Supreme Court of India has opined that “sovereignty is not ‘given’, but it is only asserted”?
Updated On: Jul 11, 2024
- State of Tamil Nadu v. Mariya Anton Vijay, (2015) 9 SCC 294.
- Great Eastern Shipping Co. Ltd. v. State of Karnataka, (2020) 3 SCC 354.
- Republic of Italy through Ambassador v. Union of India, (2013) 4 SCC 721.
- Sabeeha Faikage v. Union of India, (2013) 1 SCC 262.
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): Republic of Italy through Ambassador v. Union of India, (2013) 4 SCC 721.
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- 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.
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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.
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