LL.B. (Three Years) Sem 5 Public International Law and Human Rights 2022-23 Question Paper - Mumbai University | munotes

Questions asked in this paper

• One 4-page scan holding TWO complete English papers of 100 marks each (3 hours each), filed as 2022-2023: form 62103 on pages 1 to 2 (questions 1 to 25, the January 2019 paper) and form 68964 on pages 3 to 4 (questions 26 to 50, the May 2019 paper). Each paper prints: All questions are compulsory. Figures to the right indicate full marks. Give case law or reasons wherever necessary.

Q.1 Form 62103: Attempt the following in not more than 2 sentences each 20 Marks

1. (1) What is the monist view of International law?
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2. (2) Define Recognition?
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3. (3) Why is sovereignty a considered an important element of State?
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4. (4) What are bilateral treaties?
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5. (5) Write any two functions of ILO?
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6. (6) Explain Disintegration of States with examples.
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7. (7) What is ex aequo et bono?
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8. (8) What does the European Convention on Human Rights concerned with?
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9. (9) Who constitutes the State Human Rights Commission?
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10. (10) What is PUCL?
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Q.2 Form 62103: Write Short Notes on the following (any four) 20 Marks

1. (1) De facto Recognition
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2. (2) UNESCO
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3. (3) International Court of Justice
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4. (4) Supreme Court and Human Rights
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5. (5) Legal Nature of Judicial Decisions
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6. (6) Continental Shelf
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Q.3 Form 62103: Solve the following problems (any two) 12 Marks

1. (1) On January 23, 1925, the United States of America and the Netherlands referred their dispute concerning sovereignty over particular Islands to arbitration by a sole arbitrator to determine whether the Island in its entirety formed a part of the territory belonging to the United States of America or of the territory of the Netherlands. (a) Which case is being referred to here and explain the facts of the case. (b) What was the principle adopted by the Arbitrator in resolving the case.
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2. (2) Mr. X was illegally detained in prison for over two years after his acquittal due to negligence of the jail authorities. Explain: (a) Is it a Human Rights violation? (b) Which writ is available to Mr. X in this case?
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3. (3) Thirty-seven states of the world are land-locked states. Nepal is also a land locked state and has no access to the sea for carrying ort commercial activities. (a) Which UN Convention grants rights to land locked States? (b) What are the rights of the land locked states?
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Q.4 Form 62103: Attempt the following questions (any four) 48 Marks

1. (a) Explain the role played by NGO's in the protection of Human Rights.
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2. (b) Explain the significance of Fundamental Rights and the Directive Principles provided in the Indian Constitution towards the protection of women and Children.
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3. (c) What is Territorial Sea? Explain the various freedoms of High Seas with appropriate examples.
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4. (d) Explain Territory. Modes of Acquisition and Loss of Territory.
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5. (e) Explain the UN Convention on Law of Seas and its significance in bringing Peace and harmony in the World.
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6. (f) Elaborate on the sources of International law.
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Q. 1 Form 68964: Answer the following in not more than 2 sentences 20 Marks

1. (a) What is article 38(1) of the statute of International Court of Justice?
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2. (b) Distinguish between law making treaties and treaty of contract
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3. (c) When can the recognition of government be withdrawn?
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4. (d) What is Pacta Sunt Servanda?
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5. (e) Define Ozone Depletion?
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6. (f) Discuss 2 important issues from Justice Puttaswamy v/s Union of India
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7. (g) What is Right to Development?
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8. (h) State the importance of Magna Carta
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9. (i) State the Principles of 'Equal Pay for Equal work' as enshrined in the constitution of India
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10. (j) What do you mean by Land Locked State?
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Q. 2 Form 68964: Write short notes (any 4) 20 Marks

1. (a) Peaceful Settlement of Disputes
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2. (b) CEDAW
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3. (c) International Labour Organisation
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4. (d) National Commission for Minorities
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5. (e) Rights of children in the Indian Constitution
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6. (f) Island Of Palmas Case
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Q. 3 Form 68964: Situational Problems (any two) 12 Marks

1. (a) A Russian tourist was gang raped by the employees of the local hotel where she was staying while visiting a city. She left the country after the incident and a case was registered on her behalf for compensation. (1) Is there any breach of fundamental rights? Explain your answer with reasons. (2) Explain with case laws if any fundamental rights are available to foreign citizens.
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2. (b) Bondana and Pacika are two neighboring State having boundary dispute. To resolve their disputes both the countries decide to approach International Court of Justice. (1) State the Procedure followed by the countries to approach the International Court of Justice. (2) Write the two famous Cases decided by the International Court of Justice.
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3. (c) The 1972 Stockholm conference had the effect of initiating worldwide participation and partnership in creating the awareness to preserve the Environment from further damage. (1) State two major suggestions of the Stockholm conference for improvement of Environment. (2) Write any two provisions which were inserted in the Indian Constitution as an impact of Stockholm conference.
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Q. 4 Form 68964: Answer the following (any four) 48 Marks

1. (a) Define International Law. Explain in detail the various sources of International Law.
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2. (b) Explain the principle of freedom of high seas? Describe its usefulness
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3. (c) Explain the status of the rights of Prisoners
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4. (d) Explain Human Rights? Trace its origin and development.
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5. (e) Discuss the following: (1) European Human Rights Arrangements (2) UDHR.
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6. (f) Explain the Powers and Functions of NHRC
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