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Public International Law and Human Rights
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Dec 2014 Examination
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LLB 3 years Sem 5 Public International Law and Human Rights Dec 2014 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 Dec 2014 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Dec 2014 examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2014 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
Instructions printed on the paper
- N.B. (1) All questions are compulsory. (2) Figures to the right indicate full marks.
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 not more than two sentences
20 Marks
[a]Give two Theories of Recognition of States.[2]
Answer
The two theories are the constitutive theory and the declaratory theory.
1. The constitutive theory. Recognition creates the State. An entity becomes a subject of international law, and acquires rights and duties, only when the existing States recognise it. Until then, however complete its factual attributes, it has no international personality. Its exponents are Hegel, Anzilotti, Holland and, in his early editions, Oppenheim. The criticisms are decisive: an entity would be a State as against the States that recognise it and not as against those that do not; its population would be left without protection; and a State could lawfully attack an unrecognised entity. Nor is there any duty to recognise, so the theory makes legal existence depend on political discretion.
2. The declaratory or evidentiary theory. Statehood is a question of fact, and recognition merely declares an existing fact and provides evidence of it. Its exponents are Hall, Brierly, Fisher and Pitt Cobbett. It is supported by Article 3 of the Montevideo Convention on the Rights and Duties of States, 1933, which provides that the political existence of the State is independent of recognition by other States, and by the opinions of the Badinter Arbitration Commission on the former Yugoslavia in 1991 and 1992. This is the better view and the one generally followed.
The middle view, worth a clause. Lauterpacht and most modern writers take recognition to be declaratory of the fact of statehood but constitutive of the relations between the recognising and the recognised State. That explains why an unrecognised entity may be a State in law and still be unable to make treaties, exchange envoys, sue abroad or take a seat at the United Nations.
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