B.A. LL.B. (Five Years) Sem 10 Conflict of Laws Oct 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Please check whether you have got the right question paper. (i) All questions are compulsory. (ii) Figures to the right indicate marks.

Q.1 Q.1: Answer any 6 in two sentences (12 Marks)

1. (a) What is Lex Contractus?
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2. (b) What is domicile?
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3. (c) What is private International Law?
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4. (d) What is Action in Personam? Give Examples?
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5. (e) What is Lex causae?
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6. (f) What are matrimonial causes?
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7. (g) Name the four critera of statehood?
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8. (h) What is Rebus Sic Stantibus?
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9. (i) What is UNDP AND UNEP?
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10. (j) International Custom.
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Q.2 Q.2: Write short notes on (Any Two) (12 Marks)

1. (a) Principle of Jus Cogens
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2. (b) Plurilateral Treaties
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3. (c) European Convention on Human Rights
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4. (d) Action in Personam & actions in rem.
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Q.3 Q.3: Situational Problem (Any Two) (12 Marks)

1. (A) On October 22, 1946, two British Warships, passing through the strait of Corfu, were struck with mines in Albania territorial waters with the result that H.M.S Sarmarez sank while H.M.S. Volage was seriously damaged. The channel was swept by the British navy on November 12th & 13th, without obtaining consent of the Albanian authorities. A newly laid field of anchored mines was discovered. Great Britain alleged that Albania was responsible for the presence of the mines in the channel. (i) What is the name of the case? And which court decided the case. (ii) What was the decision?
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2. (B) States A, B, C, D entered into a treaty T. The treaty conferred the benefit of the, most favored nation in the economics relations with state X. the treaty prohibited state Y from conducting any Nuclear Test ban. A had made certain reservations. The treaty was registered. (i) What do you understand by registration of the treaty? (ii) Explain the consequences of Non-registration.
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3. (C) Indian Government sued UCC, an American company, after the Bhopal gas tragedy In the American Federal Court. (i) Was the suit entertained? Explain the principle of forum non conveniens. (ii) What is natural forum?
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4. (D) A ship owned by the Indians was chartered by the Italians shippers to carry some electronic goods from Italy to India. Payment of freight was to be made in Italy. However, Indian owners were sued for short delivery and damages of the goods. (a) Will the contract be governed by the Indian or Italian Law? (b) Can the parties to contract choose a particular law in case of breach contract?
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Q.4 Q.4: Answer the following (Any Four) (24 Marks)

1. (i) Critically evaluate Renvoi?
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2. (ii) Explain the concept of Domicile & state its various kinds?
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3. (iii) Define International Law? Write the sources of International Law.
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4. (iv) What is Recognition of states? Explain various theories of Recognition.
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