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UPSC Mains Answer PYQ 2019: Law Paper 1 (Section- B) | Law Optional Notes for UPSC PDF Download

Q1: "International Law is the vanishing point of Jurisprudence." Explain.
Ans:
Introduction: 
International law occupies a unique and often enigmatic position within the field of jurisprudence. It is often referred to as the "vanishing point" of jurisprudence due to its distinct characteristics and its evolving relationship with domestic legal systems. This concept suggests that international law exists at the outer limits of traditional legal theory and practice, necessitating a detailed examination to understand its significance. In this discussion, we will delve into the notion of international law as the vanishing point of jurisprudence, supported by examples, case studies, and a comparative analysis.

I. Characteristics of International Law: A. Sources of International Law: - Treaties and conventions - Customary international law - General principles of law recognized by civilized nations B. Absence of Central Authority: - No single world government or global judiciary C. Sovereign Equality of States: - All states, regardless of size or power, have equal standing D. Compliance is Voluntary: - States choose to adhere to international law

II. Evolution of International Law: A. From Westphalian Sovereignty to Interdependence: - Historically, international law primarily governed relations between states - Modern international law addresses issues of global concern (e.g., climate change, human rights) B. Human Rights and International Criminal Law: - Establishment of international tribunals (e.g., ICC) to prosecute individuals for crimes against humanity - Case Study: The International Criminal Court's handling of war crimes in the Balkans

III. Role of International Law in Domestic Legal Systems: A. Dualism vs. Monism: - Dualist states require international law to be incorporated into domestic law through legislation - Monist states consider international law automatically incorporated into domestic law B. Impact on Constitutional Interpretation: - Supreme courts in various countries (e.g., Germany, South Africa) use international law to interpret domestic constitutions - Case Study: The South African Constitutional Court's use of international law in the Grootboom case

IV. Challenges and Limitations: A. Enforcement: - Lack of enforcement mechanisms in international law - Case Study: Russia's annexation of Crimea and limited international response B. State Sovereignty: - States sometimes prioritize sovereignty over international obligations C. Cultural Relativism: - Differing cultural norms and values can lead to clashes with international human rights standards

Conclusion: International law serves as the vanishing point of jurisprudence, occupying a unique and evolving role in the global legal landscape. Its characteristics, evolution, and influence on domestic legal systems demonstrate its significance. However, challenges related to enforcement, state sovereignty, and cultural relativism persist. Despite these challenges, international law continues to play a vital role in addressing global issues and promoting justice on a global scale. It is an essential aspect of modern jurisprudence, extending beyond the boundaries of individual states to address the collective concerns of humanity.

Q2: What do you mean by State-Recognition ? What are the legal effects of recognition ? Differentiate between de-facto and de-jure recognition.
Ans:
Introduction:
State recognition is a fundamental concept in international law that pertains to the acknowledgment of the existence and sovereignty of a particular state by other states or the international community. It plays a pivotal role in shaping diplomatic relations, international legal rights, and the status of a state in the global arena. This discussion aims to elucidate the concept of state recognition, its legal effects, and the distinction between de facto and de jure recognition, supplemented with examples and case studies.
I. State Recognition: A. Definition: State recognition is the formal acceptance of a new state as a subject of international law. B. Process: It involves a declaration or act by one or more states, signaling their acknowledgment of a new state's sovereignty.

II. Legal Effects of State Recognition: A. Establishes Sovereignty: - Recognition affirms that the recognized state possesses the attributes of statehood, including territorial integrity and effective government. B. Diplomatic Relations: - Recognition leads to the establishment of diplomatic relations, including embassies and consulates. C. Treaty-Making: - Recognized states can enter into treaties and international agreements. D. Participation in International Organizations: - Recognized states gain access to international organizations like the United Nations. E. Legal Standing: - Enables the recognized state to assert its rights and seek remedies in international courts.

Conclusion: State recognition is a pivotal concept in international law, bestowing legal status and rights upon recognized states. De facto recognition acknowledges the practical control of a territory, while de jure recognition confers full legal status. The legal effects of recognition impact a state's diplomatic relations, treaty-making capabilities, and participation in international organizations. Distinguishing between de facto and de jure recognition is essential in understanding the complexities of statehood and international relations. Numerous real-world examples and case studies demonstrate the significance and nuances of state recognition in the modern international system.

Q3: What are the rules of International Law governing the lawful use of force by the States in the exercise of their inherent right of self-defence ?  
Ans:
Introduction:
International law regulates the use of force by states to maintain peace and security. One of the primary contexts for the use of force is self-defense, a fundamental right enshrined in the United Nations Charter. This right, however, is subject to specific rules and limitations. In this discussion, we will explore the rules governing the lawful use of force in self-defense by states, along with relevant examples and case studies.
I. United Nations Charter: A. Article 2(4): Prohibition of the Use of Force - States are prohibited from using force against the territorial integrity or political independence of any state. B. Article 51: Inherent Right of Self-Defense - States have the inherent right to self-defense if an armed attack occurs against them until the Security Council takes necessary measures.

II. Principles and Limitations: A. Imminence: - The use of force in self-defense must be in response to an imminent threat, not a hypothetical or distant one. - Example: The U.S. invasion of Afghanistan in 2001 in response to the 9/11 terrorist attacks.

B. Necessity and Proportionality: - Force must be necessary to repel the attack and proportional to the threat. - Excessive or disproportionate force is unlawful. - Example: Israel's response to rocket attacks from Gaza, where the proportionality of the response has been a subject of debate.

III. Collective Self-Defense: A. Article 51 allows for individual and collective self-defense. B. Collective self-defense typically involves alliances or treaties where states agree to come to each other's aid in case of attack. C. Example: NATO's invocation of collective self-defense after the 9/11 attacks on the United States.

IV. Preemptive and Preventive Strikes: A. Preemptive Strikes: - These are strikes taken in anticipation of an imminent attack. - Must meet strict criteria, including credible evidence of an imminent threat. - Example: Israel's 1967 Six-Day War, justified as a preemptive strike against perceived threats.

B. Preventive Strikes: - These are strikes taken to prevent a potential future threat. - Generally, preventive strikes are considered unlawful under international law unless authorized by the UN Security Council. - Example: The U.S. invasion of Iraq in 2003, which was highly controversial and lacked UN authorization.

Conclusion: International law, as reflected in the United Nations Charter, provides a framework governing the lawful use of force in self-defense by states. These rules include the principles of imminence, necessity, and proportionality, as well as the option of collective self-defense. While states have the right to protect themselves, they must do so within the constraints of international law. Several historical examples illustrate the application and interpretation of these rules in real-world scenarios, demonstrating the complexity and importance of adhering to them in the realm of international relations.

Q4: Discuss in brief, the various modes of peaceful settlement of international disputes. Do you think that these modes of settlement are effective or is any other mode required in the present scenario?
Ans:
Introduction:
Peaceful settlement of international disputes is a cornerstone of international law and diplomacy, aimed at preventing conflicts from escalating into violence. Various modes exist for resolving disputes between states, each with its strengths and limitations. This discussion will briefly outline the main modes of peaceful dispute settlement, provide examples, and evaluate their effectiveness in the present scenario.
I. Negotiation:

  • Diplomatic discussions between parties to reach a mutually acceptable agreement.
  • Example: The Camp David Accords (1978) facilitated negotiations between Egypt and Israel, leading to a peace treaty.

II. Mediation:

  • A third party, often a neutral state or international organization, assists disputing parties in reaching an agreement.
  • Example: The United Nations and African Union mediating in the Darfur conflict.

III. Arbitration:

  • A binding process where a neutral third party (arbitrator or tribunal) makes a decision after hearing both sides.
  • Example: The Permanent Court of Arbitration's ruling in the Philippines vs. China case regarding the South China Sea disputes.

IV. Adjudication (International Courts and Tribunals):

  • Disputing states present their cases before international courts or tribunals, and their decisions are legally binding.
  • Example: The International Court of Justice (ICJ) has resolved numerous disputes, including the Nicaragua vs. United States case.

V. Conciliation:

  • A non-binding process where a neutral third party helps disputing states identify common interests and solutions.
  • Example: The Oslo Accords (1993) involved conciliation efforts between Israel and Palestine.

VI. Inquiry and Fact-Finding:

  • Independent investigations to clarify facts and make recommendations.
  • Example: The UN Fact-Finding Mission on the Gaza Conflict in 2009.

VII. Good Offices:

  • A facilitation process where a trusted third party assists in communication and negotiations.
  • Example: The UN Secretary-General's good offices in conflict resolution efforts, such as Cyprus.

Effectiveness and Need for Additional Modes:

  • The effectiveness of these modes varies depending on the nature and willingness of the parties involved. Negotiation, mediation, and arbitration are often preferred for their flexibility and non-adversarial nature.
  • Adjudication provides binding decisions but may face challenges in enforcement. For example, the ICJ's decision in the Kosovo case did not lead to a resolution of the issue.
  • Additional modes, such as Track II diplomacy (informal dialogues by non-governmental actors), can complement traditional methods. Track II efforts have played a role in the Korean Peninsula talks.

Conclusion: The modes of peaceful settlement of international disputes are valuable tools in preventing conflicts and maintaining international peace and security. While each mode has its merits, their effectiveness depends on the willingness of parties to engage in good faith and abide by agreements. In the present scenario, given the complex and evolving nature of conflicts, a combination of traditional and innovative methods, such as Track II diplomacy, can enhance the effectiveness of dispute settlement efforts. Ultimately, the choice of mode should align with the specific circumstances and the willingness of the parties to resolve their differences peacefully.

Q5: What are the various theories prevalent for deciding the relationship between International Law and Domestic Law ? How do the National Courts in India apply the International Law ?
Ans:
Introduction: 
The relationship between international law and domestic law is a complex and evolving area of legal study and practice. Various theories have been proposed to determine how these two legal systems interact. In the context of India, the application of international law by national courts is guided by specific principles and practices. This discussion explores prevalent theories and how Indian national courts apply international law, with examples and insights.
I. Theories on the Relationship between International Law and Domestic Law:

A. Monism: - Monist theory posits that international law and domestic law are part of a single legal system. - International law is automatically incorporated into domestic law without the need for specific legislation. - Example: Germany, where international treaties automatically become part of domestic law.

B. Dualism: - Dualist theory asserts that international law and domestic law are separate legal systems. - International law requires domestic legislation for implementation. - Example: The United Kingdom, where international treaties are not self-executing and need parliamentary approval.

C. Transformation: - Transformation theory contends that international law can be applied domestically only through the process of transformation, where international law is explicitly converted into domestic law through legislative action. - Example: The United States, where international treaties must be ratified by the Senate before becoming domestic law.

II. Application of International Law by National Courts in India:

A. Indian Constitution: - The Indian Constitution recognizes international law as part of the country's legal framework. - Article 51(c) mandates that the state shall "endeavor to foster respect for international law and treaty obligations."

B. Incorporation of Treaties: - In India, international treaties are not automatically part of domestic law. - Treaties ratified by India become part of domestic law through legislation. - Example: The Protection of Women from Domestic Violence Act, 2005, was enacted to implement India's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

C. Judicial Application: - Indian national courts, including the Supreme Court, apply international law principles when interpreting domestic laws. - The principle of pacta sunt servanda (agreements must be kept) is commonly applied. - Example: The Vishaka Guidelines (1997) on sexual harassment at the workplace drew upon international conventions like CEDAW.

D. Principle of Non-Self-Execution: - Indian courts generally follow the dualist approach and require implementing legislation for self-executing international treaties. - However, principles of customary international law may be directly applicable. - Example: In the case of Vishaka vs. State of Rajasthan, the Supreme Court invoked CEDAW's principles, even though it had not been specifically enacted as domestic law.

Conclusion: The relationship between international law and domestic law in India is governed by a dualist approach, but Indian national courts actively engage with international law principles when interpreting and applying domestic laws. While India recognizes international law's significance and incorporates treaties through legislation, customary international law can also play a role in shaping domestic jurisprudence. This approach allows India to align with its international obligations while maintaining domestic legal sovereignty.

Q6: Briefly explain the following:  (i) Doctrine of Innocent Passage (ii) Exclusive Economic Zone and the rights of other States thereto
Ans:
(i) Doctrine of Innocent Passage:

Introduction: The Doctrine of Innocent Passage is a fundamental principle of international maritime law that governs the movement of foreign ships through the territorial waters of coastal states. It ensures the peaceful and non-threatening transit of ships through these waters while respecting the coastal state's sovereignty.

Key Points:

  1. Definition:

    • Innocent passage refers to the non-harmful and non-prejudicial transit of foreign ships through the territorial sea of a coastal state.
  2. Territorial Sea:

    • The territorial sea extends 12 nautical miles (22.2 kilometers) from the baseline of a coastal state.
    • Foreign ships enjoy the right of innocent passage through this area.
  3. Conditions for Innocent Passage:

    • Passage must be continuous and expeditious.
    • It must not be prejudicial to the peace, good order, or security of the coastal state.
    • Activities like fishing, military exercises, and espionage are not considered innocent.
  4. Duties of Coastal State:

    • The coastal state has a duty to respect and not interfere with innocent passage.
    • Exception: Coastal states can regulate the passage of nuclear-powered or armed foreign ships.
  5. Right to Take Measures:

    • Coastal states may take necessary measures to prevent any threat to their security.

Example: The U.S. Navy conducting innocent passage through the Taiwan Strait to assert freedom of navigation, which has been a point of contention with China.

(ii) Exclusive Economic Zone (EEZ) and the Rights of Other States Thereto:

Introduction: The Exclusive Economic Zone (EEZ) is an area of the sea that extends 200 nautical miles (370.4 kilometers) from a coastal state's baseline. It is defined by the United Nations Convention on the Law of the Sea (UNCLOS) and provides coastal states with sovereign rights over the exploration and exploitation of natural resources within this zone. However, it also includes rights for other states.

Key Points:

  1. Sovereign Rights of the Coastal State:

    • The coastal state has exclusive rights to explore and exploit natural resources within the EEZ, including fish, oil, and minerals.
  2. Rights of Other States:

    • Other states enjoy certain rights in the EEZ, including:
      • Freedom of navigation and overflight.
      • Laying submarine cables and pipelines.
      • Conducting scientific research.
  3. Duty to Protect the Marine Environment:

    • Coastal states must protect and preserve the marine environment within their EEZ.
    • Other states have a shared interest in environmental conservation.
  4. Delimitation of Overlapping EEZs:

    • When the EEZs of neighboring coastal states overlap, they must negotiate and agree on their boundaries.
    • UNCLOS provides guidelines for delimitation.

Example: The Philippines vs. China case in the South China Sea involved a dispute over the EEZ and continental shelf rights. The Permanent Court of Arbitration ruled that certain features claimed by China did not generate an EEZ, upholding the rights of the Philippines in the disputed areas.

Conclusion: The Doctrine of Innocent Passage regulates the peaceful transit of foreign ships through territorial waters, while the concept of the EEZ grants coastal states exclusive rights over natural resources within 200 nautical miles of their coastlines, but also respects the rights of other states to navigation and scientific research. These principles are essential components of modern maritime law and play a crucial role in maintaining peaceful and cooperative relations among coastal and non-coastal states.

Q7: “The effectiveness of the International Criminal Court depends on the degree of co-operation provided by the States. This co-operation concerns not only the State-party to the International Criminal Court but also the non-party State.” Discuss.
Ans:
Introduction:
The International Criminal Court (ICC) is a crucial institution for ensuring accountability for the gravest international crimes, such as genocide, war crimes, and crimes against humanity. The ICC's effectiveness is inherently tied to the degree of cooperation it receives from both state parties and non-state parties. This discussion explores the significance of state cooperation for the ICC's effectiveness and its impact on state parties and non-parties, with examples and insights.
I. Cooperation from State Parties to the ICC:

A. Legal Obligation: - State parties to the Rome Statute, which established the ICC, are legally bound to cooperate fully with the Court. - This includes the arrest and surrender of individuals indicted by the ICC.

B. Consequences of Non-Cooperation: - Failure to cooperate can impede the ICC's ability to conduct investigations and trials effectively. - State parties that do not cooperate risk damaging their international reputation.

C. Example: The arrest and surrender of Bosco Ntaganda, a Congolese warlord, by the Democratic Republic of Congo, a state party to the ICC, demonstrated the impact of state cooperation on the Court's operations.

II. Cooperation from Non-Parties to the ICC:

A. Non-Party States: - States that are not parties to the Rome Statute are not legally bound by the ICC's provisions. - However, the ICC may still request their cooperation.

B. Voluntary Cooperation: - Non-party states can choose to cooperate with the ICC voluntarily. - This may involve providing evidence, facilitating witness interviews, or supporting investigations.

C. Impact on ICC Effectiveness: - Cooperation from non-party states can significantly enhance the ICC's ability to gather evidence and build cases. - Non-cooperation can impede justice and hinder the ICC's pursuit of accountability.

D. Example: In the case of the ICC's investigation into the situation in Libya, non-party states like Tunisia and Egypt have cooperated by providing access to witnesses and documents, thereby supporting the ICC's work.

III. Challenges and Diplomacy:

A. Political Considerations: - State cooperation is often influenced by political considerations, including diplomatic relations and national interests. - Some states may choose not to cooperate due to political alliances or concerns.

B. Diplomatic Efforts: - Diplomatic negotiations and engagement play a vital role in encouraging state cooperation. - Mediation and pressure from other states and international organizations can influence cooperation decisions.

Conclusion: The effectiveness of the International Criminal Court hinges on the degree of cooperation it receives, not only from state parties but also from non-party states. State cooperation is essential for the ICC to fulfill its mandate of ensuring accountability for international crimes. While legal obligations bind state parties, non-party states can voluntarily contribute to the ICC's success. The degree of cooperation is often influenced by complex political considerations and diplomatic efforts, making international cooperation a crucial aspect of the ICC's effectiveness in addressing impunity for grave international crimes.

Q8: What do you understand by territorial jurisdiction of States ? Do you agree with the view that Right to Seek Asylum is firmly established under International Human Rights Law ? If so, substantiate your answer with reasons.
Ans:
Part 1: Territorial Jurisdiction of States
Introduction: Territorial jurisdiction refers to a state's authority to apply its laws and exercise control within its geographical boundaries. It is a fundamental principle of international law that underpins a state's sovereignty and governance within its territory.

Key Points:

  1. Sovereignty and Territorial Jurisdiction:

    • Territorial jurisdiction is closely linked to the concept of state sovereignty, which recognizes that states have exclusive authority over their territories.
    • It implies that a state has the right to enact and enforce laws, regulate activities, and exercise control within its borders.
  2. Limitations on Territorial Jurisdiction:

    • While states have primary authority within their territories, international law imposes limitations to ensure the rights and interests of other states and individuals are respected.
    • Some limitations include the prohibition of certain activities, such as slavery or genocide, regardless of where they occur.
  3. Extraterritorial Jurisdiction:

    • In certain circumstances, states may exercise jurisdiction beyond their borders, known as extraterritorial jurisdiction.
    • This can occur when crimes or activities have an impact on the state's national security, citizens, or interests abroad.
  4. Jurisdiction over Persons:

    • States generally have jurisdiction over individuals present within their territory, irrespective of their nationality.
    • This includes the power to arrest, prosecute, and apply domestic laws to foreigners present within their borders.

Examples:

  • The United States exercises extraterritorial jurisdiction through the Foreign Corrupt Practices Act, which applies to American companies operating abroad.
  • The extradition of fugitives, such as Julian Assange, who sought asylum in the Ecuadorian Embassy in London, involves questions of territorial and extraterritorial jurisdiction.

Part 2: Right to Seek Asylum under International Human Rights Law

Introduction: The right to seek asylum is a well-established principle under international human rights law. It recognizes that individuals facing persecution or threats to their life and freedom have the right to seek refuge in another country. The right to seek asylum is enshrined in various international treaties and conventions.

Reasons for Agreement:

  1. Universal Declaration of Human Rights (UDHR):

    • Article 14 of the UDHR explicitly states that "everyone has the right to seek and to enjoy in other countries asylum from persecution."
    • The UDHR serves as a foundational document for international human rights law and is widely accepted by the international community.
  2. 1951 Refugee Convention:

    • The 1951 Refugee Convention and its 1967 Protocol establish the rights and obligations of states regarding refugees.
    • They provide a definition of refugees and specify the principle of non-refoulement, which prohibits the return of refugees to countries where they may face persecution.
  3. Customary International Law:

    • The right to seek asylum has become customary international law, recognized as a binding norm on all states.
    • Customary international law is derived from state practice and is widely acknowledged through the actions of states and international organizations.
  4. Humanitarian Imperative:

    • The right to seek asylum is grounded in the humanitarian imperative to protect individuals fleeing persecution, violence, or grave threats to their lives.

Examples:

  • The case of A v. Secretary of State for the Home Department in the UK affirmed the principle that individuals have the right to seek asylum and be protected from refoulement.
  • The 1956 Hungarian Revolution and the subsequent granting of asylum to Hungarian refugees by multiple Western countries demonstrate the recognition and application of the right to seek asylum in a crisis situation.

Conclusion: The right to seek asylum is firmly established under international human rights law, with clear and comprehensive provisions in international treaties and customary international law. It reflects the global commitment to protect individuals facing persecution and grave threats to their lives and freedoms, making it a vital component of the international human rights framework.

Q9: Examine the extent and limits to which a treaty can confer rights and impose obligations on the third State which is not party to the treaty
Ans:
Introduction: Treaties are typically agreements between states, and the rights and obligations they create are primarily meant for the parties to the treaty. However, in certain circumstances, a treaty can extend its effects to third states, albeit with limitations. This discussion examines the extent and limits to which a treaty can confer rights and impose obligations on a third state that is not a party to the treaty.
Extent of Effects on Third States:

  1. Consent of the Third State:

    • A fundamental principle is that a treaty cannot create rights or obligations for a third state without its explicit consent.
    • The third state must voluntarily agree to be bound by the treaty's provisions.
  2. Multilateral Treaties:

    • Multilateral treaties are more likely to affect third states to some degree, as they are open for accession by states that were not initial parties.
    • These states voluntarily become parties to the treaty and assume its rights and obligations.
  3. Customary International Law:

    • Customary international law can evolve from the general and consistent practice of states, even if some states are not party to specific treaties.
    • In such cases, non-party states may still be bound by customary norms derived from treaty practice.

Limits to Effects on Third States:

  1. Privity of Parties:

    • The privity of parties principle asserts that a treaty only creates rights and obligations for the states that are parties to it.
    • Third states not bound by the treaty are generally not obligated to comply with its provisions.
  2. Jus Cogens Norms:

    • Some treaty provisions are considered peremptory norms of international law (jus cogens).
    • These norms, such as the prohibition of genocide or slavery, are binding on all states, regardless of their treaty status.

Examples:

  1. Geneva Conventions:

    • The Geneva Conventions are multilateral treaties governing the treatment of the wounded and sick in armed forces, prisoners of war, and civilians in times of armed conflict.
    • While primarily binding on parties to the treaties, customary international law has extended certain protections to all individuals, including those in non-party states.
  2. Chemical Weapons Convention:

    • The Chemical Weapons Convention is a multilateral treaty prohibiting the development, production, and use of chemical weapons.
    • Non-party states are not bound by its provisions, but the treaty's norm against chemical weapons has become part of customary international law, applying to all states.

Conclusion: A treaty can confer rights and impose obligations on a third state to the extent that the third state consents to be bound by the treaty's provisions. Multilateral treaties and customary international law are primary means through which third states may be affected by treaty obligations. However, the privity of parties principle remains a fundamental aspect of treaty law, and non-party states generally do not incur treaty obligations unless they voluntarily become parties to the treaty or customary international law extends certain norms to them.

Q10: “United Nations is designated as the foremost forum to address the issues that transcend the national boundaries, which cannot be resolved by a country alone.” In the light of this statement, discuss the functions of the General Assembly.
Ans:

Introduction: The United Nations (UN) serves as the primary global forum for addressing issues that transcend national boundaries and require international cooperation. The General Assembly, as one of the principal organs of the UN, plays a central role in fulfilling this mandate. This discussion will examine the functions of the UN General Assembly in the context of addressing global challenges that cannot be resolved by individual countries alone.
Functions of the UN General Assembly:

  1. Deliberative Forum:

    • The General Assembly serves as a platform for member states to engage in open and inclusive discussions on a wide range of global issues.
    • Member states can express their views, present proposals, and engage in diplomatic dialogue to address complex problems.
    • Example: Annual General Assembly debates on topics like climate change, peace and security, and sustainable development facilitate international discussions and consensus-building.
  2. Policy Formulation:

    • Member states in the General Assembly develop and adopt resolutions and decisions on various global issues.
    • These resolutions set out international norms, principles, and guidelines for addressing challenges.
    • Example: The adoption of the 2030 Agenda for Sustainable Development, a blueprint for addressing global development challenges, including poverty, inequality, and environmental sustainability.
  3. Budgetary Oversight:

    • The General Assembly approves the UN's budget, ensuring that resources are allocated to support activities and initiatives aimed at addressing international challenges.
    • It monitors the utilization of funds and assesses program effectiveness.
    • Example: Annual budgetary discussions and approvals that fund peacekeeping operations, humanitarian assistance, and development programs worldwide.
  4. Promotion of International Law:

    • The General Assembly helps promote the development and codification of international law.
    • It adopts legal instruments and conventions addressing various issues, such as human rights, the environment, and disarmament.
    • Example: The adoption of the Universal Declaration of Human Rights in 1948, which sets out fundamental human rights principles.
  5. Election of Officials:

    • The General Assembly elects key officials and members of other UN bodies, including the Secretary-General, judges of the International Court of Justice, and members of the Security Council.
    • These elections ensure the appointment of qualified individuals to advance the UN's mission.
    • Example: The election of António Guterres as the ninth Secretary-General of the UN in 2017.
  6. Peace and Security:

    • While the General Assembly does not have the authority to take binding measures for international peace and security (unlike the Security Council), it plays a role in conflict prevention, mediation, and peacebuilding.
    • It can convene special sessions to address urgent peace and security concerns.
    • Example: The General Assembly's role in the establishment of the Peacebuilding Commission in 2005 to support post-conflict recovery.

Conclusion: The United Nations General Assembly, as the world's foremost deliberative body, serves as a critical forum for addressing global challenges that transcend national boundaries. Through its functions, it enables member states to collectively develop policies, norms, and strategies to tackle complex issues, from climate change to peace and security. The General Assembly embodies the idea that cooperation among nations is essential to resolving the pressing global problems of our time.

Q11: Write critical notes on the following:  (i) International efforts towards protection and improvement of human environment (ii) State-sponsored terrorism 
Ans:
(i) International Efforts towards Protection and Improvement of Human Environment
Introduction: International efforts for the protection and improvement of the human environment have evolved in response to growing global environmental challenges. These efforts involve cooperation among nations to address issues such as pollution, climate change, and biodiversity loss.

Critical Notes:

  1. Creation of Environmental Treaties and Conventions:

    • International agreements, such as the Paris Agreement on climate change and the Convention on Biological Diversity, have been established to set global standards and goals for environmental protection.
    • While these treaties represent significant progress, the effectiveness of their implementation varies among countries.
  2. Role of United Nations Environment Programme (UNEP):

    • UNEP plays a central role in coordinating international environmental efforts.
    • However, it lacks the authority to enforce compliance with environmental agreements, which limits its impact.
  3. Sustainable Development Goals (SDGs):

    • The United Nations has integrated environmental protection into its broader development agenda through the SDGs.
    • While this approach promotes a holistic perspective, challenges remain in balancing economic growth and environmental sustainability.
  4. Inadequate Enforcement and Accountability:

    • Many countries lack effective mechanisms for enforcing environmental regulations and holding polluters accountable.
    • Weak enforcement hampers progress in protecting the environment.
  5. Resource Allocation:

    • Adequate funding and resources are essential for effective environmental protection.
    • Some nations prioritize economic interests over environmental concerns, leading to insufficient funding for conservation efforts.
  6. Global Inequality:

    • Global environmental challenges disproportionately affect developing countries that lack resources and technology for mitigation and adaptation.
    • The burden of environmental protection is often inequitably distributed.
  7. Limited Progress in Biodiversity Conservation:

    • Despite international agreements, biodiversity loss continues at an alarming rate.
    • Comprehensive action to protect ecosystems and species remains challenging.

(ii) State-Sponsored Terrorism

Introduction: State-sponsored terrorism refers to acts of terrorism carried out or supported by a state or its intelligence agencies as a means of advancing political or strategic objectives. It raises significant ethical, legal, and security concerns.

Critical Notes:

  1. Violation of International Law:

    • State-sponsored terrorism is a clear violation of international law, including the principles of state sovereignty and the prohibition of the use of force.
    • Such acts are condemned by the international community.
  2. Destabilization of Regions:

    • State-sponsored terrorism can destabilize entire regions, leading to conflict, displacement of populations, and economic disruption.
    • For example, state sponsorship of terrorist groups in the Middle East has contributed to ongoing conflicts.
  3. Implications for Diplomacy:

    • State-sponsored terrorism strains diplomatic relations between nations.
    • Diplomatic efforts to address issues become more challenging when states engage in or support acts of terrorism.
  4. Human Rights Abuses:

    • State-sponsored terrorism often involves human rights abuses, including torture, extrajudicial killings, and the suppression of dissent.
    • These abuses erode the rule of law and democratic values.
  5. Global Security Concerns:

    • State-sponsored terrorism poses a threat to global security, as it can lead to the spread of extremist ideologies and terrorist tactics.
    • The international community is compelled to counter such threats collectively.
  6. Difficulties in Attribution:

    • Attributing acts of terrorism to a state can be challenging, as states often operate through proxies and deny involvement.
    • Establishing clear evidence of state sponsorship can be complex.
  7. Counterterrorism Measures:

    • The international community has established counterterrorism measures and sanctions to deter state-sponsored terrorism.
    • These measures aim to isolate and hold accountable states engaged in such activities.

Conclusion: International efforts to address state-sponsored terrorism involve condemning such actions, imposing sanctions, and promoting diplomatic solutions. Protecting the human environment requires strengthening international cooperation, enforcing environmental agreements, and addressing the unequal distribution of environmental impacts. Both issues underscore the importance of collective global action to address complex challenges.

Q12: Discuss the main provisions of the Comprehensive Nuclear Test Ban Treaty (CTBT). Also explain the reasons why India has not signed this  treaty. 
Ans:
Introduction: The Comprehensive Nuclear Test Ban Treaty (CTBT) is an international treaty aimed at prohibiting all nuclear explosions for both civilian and military purposes. It was adopted by the United Nations General Assembly in 1996 and has been signed by numerous countries. However, India is among the states that have not signed the CTBT. This discussion will outline the main provisions of the CTBT and explain the reasons why India has not signed this treaty.
Main Provisions of the CTBT:

  1. Comprehensive Ban on Nuclear Explosions:

    • The CTBT prohibits all nuclear explosions, whether for civilian or military purposes.
    • It encompasses underground, underwater, atmospheric, and outer space nuclear tests.
  2. Verification Mechanisms:

    • The treaty establishes a comprehensive international monitoring system (IMS) to detect and verify compliance with the ban.
    • The IMS includes seismic, hydroacoustic, infrasound, and radionuclide monitoring stations.
  3. Entry into Force Condition:

    • The CTBT will enter into force upon ratification by 44 specific countries listed in Annex 2 of the treaty, which includes nuclear-capable states.
    • As of the present, not all Annex 2 states have ratified the treaty, preventing its entry into force.
  4. National Implementation:

    • States that are party to the CTBT commit to enacting national legislation to ensure compliance with the treaty's provisions.
    • This includes establishing national authorities to oversee treaty obligations.
  5. Prohibition on Assisting Violations:

    • States are prohibited from assisting or encouraging any act prohibited by the CTBT, including nuclear explosions.

Reasons Why India Has Not Signed the CTBT:

  1. National Security Concerns:

    • India has expressed concerns that a comprehensive ban on nuclear testing limits its ability to maintain a credible minimum deterrent.
    • The country's security calculus relies on a nuclear deterrent as a means of deterrence against potential threats.
  2. Unequal Treaty Obligations:

    • India perceives the CTBT as placing unequal obligations on nuclear-armed and non-nuclear-armed states.
    • It argues that the treaty's entry into force condition, which requires ratification by nuclear-armed states, perpetuates a nuclear hierarchy.
  3. Disarmament Progress:

    • India has called for progress on nuclear disarmament by established nuclear-armed states before committing to a CTBT ratification.
    • It sees the CTBT as only one component of a larger disarmament agenda.
  4. National Sovereignty:

    • India values its national sovereignty and has historically been reluctant to sign international treaties that it believes infringe upon its sovereignty.
    • It asserts the right to make sovereign decisions regarding its nuclear policy.

Conclusion: The CTBT is a significant international treaty aimed at curbing nuclear testing and advancing nuclear disarmament. While India has not signed the treaty, it has consistently called for the global elimination of nuclear weapons and disarmament. India's decision not to sign the CTBT is rooted in its national security considerations and its desire for equitable and comprehensive disarmament measures involving all nuclear-armed states. Achieving global consensus on the CTBT and addressing the concerns of states like India remain important challenges in the pursuit of a world without nuclear weapons.

Q13: Explain the historical evolution, objectives and main principles of the General Agreement on Tariffs and Trade (GATT). 
Ans:
Introduction: The General Agreement on Tariffs and Trade (GATT) was a multilateral trade agreement that played a significant role in shaping the international trading system after World War II. It aimed to promote trade liberalization, reduce trade barriers, and establish a framework for international trade. This discussion outlines the historical evolution, objectives, and main principles of the GATT.
Historical Evolution:

  1. Predecessors (1940s):

    • GATT emerged from negotiations conducted during the Bretton Woods Conference in 1944, which sought to establish a new international economic order after World War II.
    • The International Trade Organization (ITO) was initially proposed but was not ratified. Instead, negotiators focused on the GATT.
  2. Signing of the GATT (1947):

    • On October 30, 1947, 23 countries signed the GATT in Geneva, Switzerland.
    • The GATT came into effect on January 1, 1948, and provided a provisional framework for international trade.
  3. Rounds of Negotiations:

    • The GATT underwent multiple rounds of negotiations, with notable rounds including the Kennedy Round (1960s) and the Uruguay Round (1986-1994).
    • The Uruguay Round led to the creation of the World Trade Organization (WTO) and the replacement of the GATT as the primary framework for global trade.

Objectives of the GATT:

  1. Trade Liberalization:

    • The primary objective was to promote trade liberalization by reducing tariffs and other trade barriers.
    • GATT aimed to prevent protectionism and encourage free and fair trade.
  2. Non-Discrimination:

    • GATT introduced the principles of Most-Favored-Nation (MFN) and National Treatment.
    • MFN required countries to treat all trading partners equally, while National Treatment ensured that foreign and domestic goods were treated the same.
  3. Predictability and Stability:

    • GATT aimed to provide predictability and stability in international trade by discouraging sudden and arbitrary changes in trade policies.
  4. Dispute Settlement:

    • GATT established mechanisms for dispute settlement, enabling countries to resolve trade disputes through negotiation and arbitration.

Main Principles of the GATT:

  1. Reciprocity:

    • GATT members agreed to reduce tariffs and trade barriers in a reciprocal manner.
    • Countries granted trade concessions to others in exchange for receiving similar concessions.
  2. Transparency:

    • GATT encouraged transparency in trade policies by requiring members to notify changes in trade measures and provide information on their trade practices.
  3. Consultations:

    • The GATT promoted consultations and negotiations as the preferred means of resolving trade disputes, fostering a cooperative approach to dispute settlement.
  4. Special and Differential Treatment:

    • GATT recognized the need to accommodate the development needs of developing countries, allowing them flexibility in implementing trade rules.

Example: The Uruguay Round of GATT negotiations, which concluded in 1994, led to the establishment of the WTO. It expanded the scope of trade agreements to cover services, intellectual property, and agriculture, among other areas, and laid the foundation for modern international trade rules.

Conclusion: The General Agreement on Tariffs and Trade (GATT) played a pivotal role in shaping the global trading system by promoting trade liberalization, non-discrimination, and dispute settlement. While the GATT has been succeeded by the WTO, its principles and objectives continue to influence international trade agreements and negotiations today.

The document UPSC Mains Answer PYQ 2019: Law Paper 1 (Section- B) | Law Optional Notes for UPSC is a part of the UPSC Course Law Optional Notes for UPSC.
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1. What is the syllabus for Law Paper 1 in UPSC Mains?
Ans. The syllabus for Law Paper 1 in UPSC Mains includes topics such as Constitutional Law, Administrative Law, Law of Contracts, Law of Torts, Family Law, Law of Crimes, and Law of Property.
2. How many sections are there in Law Paper 1 of UPSC Mains?
Ans. Law Paper 1 of UPSC Mains is divided into two sections - Section A and Section B. Section B focuses on specific topics such as Constitutional Law, Administrative Law, Family Law, Law of Crimes, and Law of Property.
3. What is the weightage of Law Paper 1 in the UPSC Mains examination?
Ans. Law Paper 1 carries a weightage of 250 marks in the UPSC Mains examination. It is one of the optional subjects that candidates can choose from.
4. Can I choose Law Paper 1 as an optional subject if I have not studied law in college?
Ans. Yes, you can choose Law Paper 1 as an optional subject in the UPSC Mains examination even if you have not studied law in college. However, it is recommended to have a basic understanding of legal concepts and principles to effectively prepare for this paper.
5. How can I prepare for Law Paper 1 in UPSC Mains?
Ans. To prepare for Law Paper 1 in UPSC Mains, it is important to thoroughly study the syllabus and understand the key concepts and principles. Reading standard textbooks on law, referring to past years' question papers, and practicing answer writing can help in effective preparation. Additionally, joining coaching institutes or online courses specializing in UPSC law optional subjects can provide guidance and support in preparation.
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