Test: International Laws & IPR - 2 - CLAT MCQ

Passage​​ 

(Excerpted from the judgment​​ of​​ RIGHT OF PASSAGE OVER​​ INDIAN TERRITORY CASE (Portugal v. India))

Portugal claims a right of passage between Daman and the enclaves, and between the enclaves, across intervening Indian territory, to the extent necessary for the exercise of its sovereignty over the enclaves, subject to India's right of regulation and control of the passage claimed, and without any immunity in Portugal's favour. It claims further that India is under obligation so to exercise its power of regulation and control as not to prevent the passage necessary for the exercise of Portugal's sovereignty over the enclaves. India argues that the vague and contradictory character of the right claimed by Portugal is proved by Portugal's admission that on the one hand the exercise of the right is subject to India's regulation and control as the territorial sovereign, and that on the other hand the right is not accompanied by any immunity, even in the case of the passage of armed forces. There is no doubt that the day-to-day exercise of the right of passage as formulated by Portugal, with correlative obligation upon India, may give rise to delicate questions of application, but that is not, in the view of the Court, sufficient ground for holding that the right is not susceptible of judicial determination with reference to Article 38 (1) of the Statute. In support of its claim, Portugal relies on the Treaty of Poona of 1779 and on sanads (decrees), issued by the Maratha ruler in 1783 and 1785, as having conferred sovereignty on Portugal over the enclaves with the right of passage to them. India objects on various grounds that what is alleged to be the Treaty of 1779 was not validly entered into and never became in law a treaty binding upon the Marathas. It is sufficient to state that the validity of a treaty concluded as long ago as the last quarter of the eighteenth century, in the conditions then prevailing in the Indian Peninsula, should not be judged upon the basis of practices and procedures which have since developed only gradually. The Marathas themselves regarded the Treaty of 1779 as valid and binding upon them, and gave effect to its provisions. The Treaty is frequently referred to as such in subsequent forma1 Maratha documents, including the two sanads of 1783 and 1785, which purport to have been issued in pursuance of the Treaty.​​ The Marathas did not at any time cast any doubt upon the validity or binding character of the Treaty. India contends further that the Treaty and the two sanads of 1783 and 1785 taken together did not operate to transfer sovereignty over the assigned villages to Portugal, but only conferred upon it, with respect to the villages, a revenue grant of the value of 12,000 rupees per annum called a jagir or saranjam.​​

Q. Which kind of recognition once given cannot be withdrawn by the recognising state:

Passage​​ 

(Excerpted from the judgment​​ of​​ RIGHT OF PASSAGE OVER​​ INDIAN TERRITORY CASE (Portugal v. India))

Portugal claims a right of passage between Daman and the enclaves, and between the enclaves, across intervening Indian territory, to the extent necessary for the exercise of its sovereignty over the enclaves, subject to India's right of regulation and control of the passage claimed, and without any immunity in Portugal's favour. It claims further that India is under obligation so to exercise its power of regulation and control as not to prevent the passage necessary for the exercise of Portugal's sovereignty over the enclaves. India argues that the vague and contradictory character of the right claimed by Portugal is proved by Portugal's admission that on the one hand the exercise of the right is subject to India's regulation and control as the territorial sovereign, and that on the other hand the right is not accompanied by any immunity, even in the case of the passage of armed forces. There is no doubt that the day-to-day exercise of the right of passage as formulated by Portugal, with correlative obligation upon India, may give rise to delicate questions of application, but that is not, in the view of the Court, sufficient ground for holding that the right is not susceptible of judicial determination with reference to Article 38 (1) of the Statute. In support of its claim, Portugal relies on the Treaty of Poona of 1779 and on sanads (decrees), issued by the Maratha ruler in 1783 and 1785, as having conferred sovereignty on Portugal over the enclaves with the right of passage to them. India objects on various grounds that what is alleged to be the Treaty of 1779 was not validly entered into and never became in law a treaty binding upon the Marathas. It is sufficient to state that the validity of a treaty concluded as long ago as the last quarter of the eighteenth century, in the conditions then prevailing in the Indian Peninsula, should not be judged upon the basis of practices and procedures which have since developed only gradually. The Marathas themselves regarded the Treaty of 1779 as valid and binding upon them, and gave effect to its provisions. The Treaty is frequently referred to as such in subsequent forma1 Maratha documents, including the two sanads of 1783 and 1785, which purport to have been issued in pursuance of the Treaty.​​ The Marathas did not at any time cast any doubt upon the validity or binding character of the Treaty. India contends further that the Treaty and the two sanads of 1783 and 1785 taken together did not operate to transfer sovereignty over the assigned villages to Portugal, but only conferred upon it, with respect to the villages, a revenue grant of the value of 12,000 rupees per annum called a jagir or saranjam.​​

Q. In which case the ICJ held that warships have right to innocent passage through international straights in times of undeclared war as well as in peace time:

Passage​​ 

(Excerpted from the judgment​​ of​​ RIGHT OF PASSAGE OVER​​ INDIAN TERRITORY CASE (Portugal v. India))

Portugal claims a right of passage between Daman and the enclaves, and between the enclaves, across intervening Indian territory, to the extent necessary for the exercise of its sovereignty over the enclaves, subject to India's right of regulation and control of the passage claimed, and without any immunity in Portugal's favour. It claims further that India is under obligation so to exercise its power of regulation and control as not to prevent the passage necessary for the exercise of Portugal's sovereignty over the enclaves. India argues that the vague and contradictory character of the right claimed by Portugal is proved by Portugal's admission that on the one hand the exercise of the right is subject to India's regulation and control as the territorial sovereign, and that on the other hand the right is not accompanied by any immunity, even in the case of the passage of armed forces. There is no doubt that the day-to-day exercise of the right of passage as formulated by Portugal, with correlative obligation upon India, may give rise to delicate questions of application, but that is not, in the view of the Court, sufficient ground for holding that the right is not susceptible of judicial determination with reference to Article 38 (1) of the Statute. In support of its claim, Portugal relies on the Treaty of Poona of 1779 and on sanads (decrees), issued by the Maratha ruler in 1783 and 1785, as having conferred sovereignty on Portugal over the enclaves with the right of passage to them. India objects on various grounds that what is alleged to be the Treaty of 1779 was not validly entered into and never became in law a treaty binding upon the Marathas. It is sufficient to state that the validity of a treaty concluded as long ago as the last quarter of the eighteenth century, in the conditions then prevailing in the Indian Peninsula, should not be judged upon the basis of practices and procedures which have since developed only gradually. The Marathas themselves regarded the Treaty of 1779 as valid and binding upon them, and gave effect to its provisions. The Treaty is frequently referred to as such in subsequent forma1 Maratha documents, including the two sanads of 1783 and 1785, which purport to have been issued in pursuance of the Treaty.​​ The Marathas did not at any time cast any doubt upon the validity or binding character of the Treaty. India contends further that the Treaty and the two sanads of 1783 and 1785 taken together did not operate to transfer sovereignty over the assigned villages to Portugal, but only conferred upon it, with respect to the villages, a revenue grant of the value of 12,000 rupees per annum called a jagir or saranjam.​​

Q. In which one of the following cases did the ICJ refrain from giving its final judgement

Passage​​ 

(Excerpted from the judgment​​ of​​ RIGHT OF PASSAGE OVER​​ INDIAN TERRITORY CASE (Portugal v. India))

Portugal claims a right of passage between Daman and the enclaves, and between the enclaves, across intervening Indian territory, to the extent necessary for the exercise of its sovereignty over the enclaves, subject to India's right of regulation and control of the passage claimed, and without any immunity in Portugal's favour. It claims further that India is under obligation so to exercise its power of regulation and control as not to prevent the passage necessary for the exercise of Portugal's sovereignty over the enclaves. India argues that the vague and contradictory character of the right claimed by Portugal is proved by Portugal's admission that on the one hand the exercise of the right is subject to India's regulation and control as the territorial sovereign, and that on the other hand the right is not accompanied by any immunity, even in the case of the passage of armed forces. There is no doubt that the day-to-day exercise of the right of passage as formulated by Portugal, with correlative obligation upon India, may give rise to delicate questions of application, but that is not, in the view of the Court, sufficient ground for holding that the right is not susceptible of judicial determination with reference to Article 38 (1) of the Statute. In support of its claim, Portugal relies on the Treaty of Poona of 1779 and on sanads (decrees), issued by the Maratha ruler in 1783 and 1785, as having conferred sovereignty on Portugal over the enclaves with the right of passage to them. India objects on various grounds that what is alleged to be the Treaty of 1779 was not validly entered into and never became in law a treaty binding upon the Marathas. It is sufficient to state that the validity of a treaty concluded as long ago as the last quarter of the eighteenth century, in the conditions then prevailing in the Indian Peninsula, should not be judged upon the basis of practices and procedures which have since developed only gradually. The Marathas themselves regarded the Treaty of 1779 as valid and binding upon them, and gave effect to its provisions. The Treaty is frequently referred to as such in subsequent forma1 Maratha documents, including the two sanads of 1783 and 1785, which purport to have been issued in pursuance of the Treaty.​​ The Marathas did not at any time cast any doubt upon the validity or binding character of the Treaty. India contends further that the Treaty and the two sanads of 1783 and 1785 taken together did not operate to transfer sovereignty over the assigned villages to Portugal, but only conferred upon it, with respect to the villages, a revenue grant of the value of 12,000 rupees per annum called a jagir or saranjam.​​

Q. The continental shelf case is considered as the:

Passage​​ 

(Excerpted from the judgment​​ of​​ RIGHT OF PASSAGE OVER​​ INDIAN TERRITORY CASE (Portugal v. India))

Portugal claims a right of passage between Daman and the enclaves, and between the enclaves, across intervening Indian territory, to the extent necessary for the exercise of its sovereignty over the enclaves, subject to India's right of regulation and control of the passage claimed, and without any immunity in Portugal's favour. It claims further that India is under obligation so to exercise its power of regulation and control as not to prevent the passage necessary for the exercise of Portugal's sovereignty over the enclaves. India argues that the vague and contradictory character of the right claimed by Portugal is proved by Portugal's admission that on the one hand the exercise of the right is subject to India's regulation and control as the territorial sovereign, and that on the other hand the right is not accompanied by any immunity, even in the case of the passage of armed forces. There is no doubt that the day-to-day exercise of the right of passage as formulated by Portugal, with correlative obligation upon India, may give rise to delicate questions of application, but that is not, in the view of the Court, sufficient ground for holding that the right is not susceptible of judicial determination with reference to Article 38 (1) of the Statute. In support of its claim, Portugal relies on the Treaty of Poona of 1779 and on sanads (decrees), issued by the Maratha ruler in 1783 and 1785, as having conferred sovereignty on Portugal over the enclaves with the right of passage to them. India objects on various grounds that what is alleged to be the Treaty of 1779 was not validly entered into and never became in law a treaty binding upon the Marathas. It is sufficient to state that the validity of a treaty concluded as long ago as the last quarter of the eighteenth century, in the conditions then prevailing in the Indian Peninsula, should not be judged upon the basis of practices and procedures which have since developed only gradually. The Marathas themselves regarded the Treaty of 1779 as valid and binding upon them, and gave effect to its provisions. The Treaty is frequently referred to as such in subsequent forma1 Maratha documents, including the two sanads of 1783 and 1785, which purport to have been issued in pursuance of the Treaty.​​ The Marathas did not at any time cast any doubt upon the validity or binding character of the Treaty. India contends further that the Treaty and the two sanads of 1783 and 1785 taken together did not operate to transfer sovereignty over the assigned villages to Portugal, but only conferred upon it, with respect to the villages, a revenue grant of the value of 12,000 rupees per annum called a jagir or saranjam.​​

Q. In which country a treaty entered into automatically attains the status of law of the land, without needing further action on the part of the legislature

Passage​​ 

(Excerpted from the judgment​​ of​​ RIGHT OF PASSAGE OVER​​ INDIAN TERRITORY CASE (Portugal v. India))

Portugal claims a right of passage between Daman and the enclaves, and between the enclaves, across intervening Indian territory, to the extent necessary for the exercise of its sovereignty over the enclaves, subject to India's right of regulation and control of the passage claimed, and without any immunity in Portugal's favour. It claims further that India is under obligation so to exercise its power of regulation and control as not to prevent the passage necessary for the exercise of Portugal's sovereignty over the enclaves. India argues that the vague and contradictory character of the right claimed by Portugal is proved by Portugal's admission that on the one hand the exercise of the right is subject to India's regulation and control as the territorial sovereign, and that on the other hand the right is not accompanied by any immunity, even in the case of the passage of armed forces. There is no doubt that the day-to-day exercise of the right of passage as formulated by Portugal, with correlative obligation upon India, may give rise to delicate questions of application, but that is not, in the view of the Court, sufficient ground for holding that the right is not susceptible of judicial determination with reference to Article 38 (1) of the Statute. In support of its claim, Portugal relies on the Treaty of Poona of 1779 and on sanads (decrees), issued by the Maratha ruler in 1783 and 1785, as having conferred sovereignty on Portugal over the enclaves with the right of passage to them. India objects on various grounds that what is alleged to be the Treaty of 1779 was not validly entered into and never became in law a treaty binding upon the Marathas. It is sufficient to state that the validity of a treaty concluded as long ago as the last quarter of the eighteenth century, in the conditions then prevailing in the Indian Peninsula, should not be judged upon the basis of practices and procedures which have since developed only gradually. The Marathas themselves regarded the Treaty of 1779 as valid and binding upon them, and gave effect to its provisions. The Treaty is frequently referred to as such in subsequent forma1 Maratha documents, including the two sanads of 1783 and 1785, which purport to have been issued in pursuance of the Treaty.​​ The Marathas did not at any time cast any doubt upon the validity or binding character of the Treaty. India contends further that the Treaty and the two sanads of 1783 and 1785 taken together did not operate to transfer sovereignty over the assigned villages to Portugal, but only conferred upon it, with respect to the villages, a revenue grant of the value of 12,000 rupees per annum called a jagir or saranjam.​​

Q. Some efforts have been made to transform the status of individual from the object to the subject of international law. The first effort towards this was made:

Passage​​ 

(Excerpted from the judgment​​ of​​ RIGHT OF PASSAGE OVER​​ INDIAN TERRITORY CASE (Portugal v. India))

Portugal claims a right of passage between Daman and the enclaves, and between the enclaves, across intervening Indian territory, to the extent necessary for the exercise of its sovereignty over the enclaves, subject to India's right of regulation and control of the passage claimed, and without any immunity in Portugal's favour. It claims further that India is under obligation so to exercise its power of regulation and control as not to prevent the passage necessary for the exercise of Portugal's sovereignty over the enclaves. India argues that the vague and contradictory character of the right claimed by Portugal is proved by Portugal's admission that on the one hand the exercise of the right is subject to India's regulation and control as the territorial sovereign, and that on the other hand the right is not accompanied by any immunity, even in the case of the passage of armed forces. There is no doubt that the day-to-day exercise of the right of passage as formulated by Portugal, with correlative obligation upon India, may give rise to delicate questions of application, but that is not, in the view of the Court, sufficient ground for holding that the right is not susceptible of judicial determination with reference to Article 38 (1) of the Statute. In support of its claim, Portugal relies on the Treaty of Poona of 1779 and on sanads (decrees), issued by the Maratha ruler in 1783 and 1785, as having conferred sovereignty on Portugal over the enclaves with the right of passage to them. India objects on various grounds that what is alleged to be the Treaty of 1779 was not validly entered into and never became in law a treaty binding upon the Marathas. It is sufficient to state that the validity of a treaty concluded as long ago as the last quarter of the eighteenth century, in the conditions then prevailing in the Indian Peninsula, should not be judged upon the basis of practices and procedures which have since developed only gradually. The Marathas themselves regarded the Treaty of 1779 as valid and binding upon them, and gave effect to its provisions. The Treaty is frequently referred to as such in subsequent forma1 Maratha documents, including the two sanads of 1783 and 1785, which purport to have been issued in pursuance of the Treaty.​​ The Marathas did not at any time cast any doubt upon the validity or binding character of the Treaty. India contends further that the Treaty and the two sanads of 1783 and 1785 taken together did not operate to transfer sovereignty over the assigned villages to Portugal, but only conferred upon it, with respect to the villages, a revenue grant of the value of 12,000 rupees per annum called a jagir or saranjam.​​

Q. Who called international law as vanishing point of jurisprudence