Mumbai University Solved Question Papers
Public International Law and Human Rights
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
May 2012 Examination
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LLB 3 years Sem 5 Public International Law and Human Rights May 2012 Question Paper with Solutions
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First published on munotes.in on 28 September 2026.
This edition revised 29 September 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the May 2012 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2012 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2012 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
1.
Q.1: Answer in 2-3 sentences each
20 Marks
(a)What are the sources of International Law?[2]
Answer
The accepted list is in Article 38(1) of the Statute of the International Court of Justice. It directs the Court to apply the following, and it is treated as the authoritative statement of the sources.
- International conventions, whether general or particular, that establish rules expressly recognised by the contesting States. These are treaties.
- International custom, as evidence of a general practice accepted as law.
- The general principles of law recognised by civilised nations. Examples are good faith, estoppel, res judicata and the rule that nobody may be a judge in his own cause.
- Judicial decisions and the teachings of the most highly qualified publicists of the various nations. These are named as subsidiary means for the determination of rules of law, and they apply subject to Article 59, which says that a decision of the Court binds only the parties to that case.
Article 38(2) adds that the Court may decide a case ex aequo et bono, that is, on what is fair and good, but only if the parties agree to that.
Two sources that Article 38 does not name are now accepted in practice. These are the binding decisions of international organisations, such as resolutions of the Security Council under Chapter VII, and unilateral declarations of States, which the Court treated as binding in the Nuclear Tests cases, 1974 I.C.J. Rep. 253.
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