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National Institute of
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SECOND SEMESTER
EMBA/MBA
Subject:
International Law
Attend any 4 questions. Each
question carries 25 marks
(Each answer should be of minimum 2 pages / of 300 words)
1. Write an essay on
International Human Rights Law and Organizations.
Answer :
2. Describe the principles
of general International Law.
Answer : The ICJ’s statute refers
to “international custom, as evidence of a general practice accepted as law,”
as a second source of international law. Custom, whose importance reflects the
decentralized nature of the international system, involves two fundamental
elements: the actual practice of states and the acceptance by states of that
practice as law. The actual practice of states (termed the “material fact”)
covers various elements, including the duration, consistency, repetition, and
generality of a particular kind of behaviour by states. All such elements are
relevant in determining whether a practice may form the basis of a binding
international custom. The ICJ has required that practices amount to a “constant
and uniform usage” or be “extensive and virtually uniform” to be considered
binding. Although all states may contribute to the development of a new or
modified custom, they are not all equal in the process. The major states
generally possess a greater significance in the establishment of customs. For
example, during the 1960s the United States and the Soviet Union played a far
more
3. Explain the sources of International
Law.
Answer : Sources of international
law are the materials and processes out of which the rules and principles
regulating the international community are developed. They have been influenced
by a range of political and legal theories.
Historic considerations and development
During the 19th century, it was
recognised by legal positivists that a sovereign could limit its authority to
act by consenting to an agreement according to the principle pacta sunt
servanda. This consensual view of international law was
4. Write a descriptive
note on International court of Justice.
Answer :
5. Explain how treaty
obligations are ended.
Answer : A treaty is an express
agreement under international law entered into by actors in international law,
namely sovereign states and international organizations. A treaty may also be
known as an (international) agreement, protocol, covenant, contract,convention,
pact, or exchange of letters, among other terms. Regardless of terminology, all
of these forms of agreements are, under international law, equally considered
treaties and the rules are the same.[1]
Treaties can be loosely compared
to contracts: both are means of willing parties assuming obligations among
themselves, and a party to either that fails to live up to their obligations
can be held liable under international law.
6. Which rights are
Human Rights? Explain.
Answer : What are human rights?
Human rights are rights inherent
to all human beings, whatever our nationality, place of residence, sex,
national or ethnic origin, colour, religion, language, or any other status. We
are all equally entitled to our human rights without discrimination. These
rights are all interrelated, interdependent and indivisible.
Universal human rights are often
expressed and guaranteed by law, in the forms of treaties, customary
international law , general principles and other sources of international law.
International human rights law lays down obligations of
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