Mumbai University Solved Question Papers
Public International Law and Human Rights
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Jun 2018 Examination
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LLB 3 years Sem 5 Public International Law and Human Rights Jun 2018 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 Jun 2018 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Jun 2018 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 Jun 2018 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 the following in not more than two sentences each
20 Marks
(a)What is a treaty contract?[2]
Answer
A treaty contract, in French traite-contrat, is a treaty which settles a particular matter between two or a few States, and which creates rights and obligations for those parties alone. A treaty of cession, a boundary treaty, a loan agreement, an extradition treaty and a commercial agreement are examples.
It is contrasted with the law-making treaty, traite-loi, which lays down general rules of conduct for a large number of States, is intended to operate indefinitely, and applies to an indefinite number of situations. The Vienna Conventions, the Geneva Conventions of 1949 and the Law of the Sea Convention are of that kind.
Why the distinction matters, which is the second mark. A law-making treaty is a source of international law under Article 38(1)(a) of the Statute of the International Court of Justice, and a norm-creating provision in it may pass into custom and so bind States that never ratified it. A treaty contract is a source of obligation and not a source of law: it binds the parties and nobody else, on the rule pacta tertiis nec nocent nec prosunt, codified in Article 34 of the Vienna Convention on the Law of Treaties, 1969.
The conditions on which a treaty provision passes into custom were stated in North Sea Continental Shelf (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands), 1969 I.C.J. Rep. 3: the provision must be of a norm-creating character, and the practice following it must be extensive and virtually uniform, including the States specially affected, and accompanied by opinio juris. A treaty contract can satisfy none of those conditions.
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