CBSE Textbook Solutions: International Law | Legal Studies for Class 12 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions:

Q1. Distinguish between Public International Law and Private International Law.
Ans: Public International Law governs the relationships and interactions between states and international entities. It establishes rules and norms that regulate issues such as peace, security, human rights, and international trade. This body of law is essential for maintaining organized international relations and is primarily concerned with the conduct of states towards one another.

• Scope: Regulates relations between nations.
• Focus: State obligations and rights.
• Examples: Treaties, international agreements, and customary law.

In contrast, Private International Law, also known as Conflict of Laws, deals with disputes involving private individuals or entities across different jurisdictions. It provides rules for determining which legal system and laws apply in cross-border legal issues, such as marriage or contracts between parties from different countries.

• Scope: Governs private transactions involving foreign elements.
• Focus: Jurisdiction and applicable law in private disputes.
• Examples: Marriage laws, commercial contracts.

Q2. What is the role of UN High Commissioner for Human Rights? 
Ans: The UN High Commissioner for Human Rights (UNHCHR) plays a crucial role in promoting and protecting human rights globally. This position was established following the Vienna Declaration and Programme of Action in 1993, emphasizing the universality and interdependence of human rights. The High Commissioner is responsible for overseeing UN human rights activities, making recommendations to various UN bodies, and coordinating efforts among them.

• Advocates for the implementation of international human rights standards.
• Monitors human rights situations in different countries.
• Provides technical assistance and capacity-building to states.
• Engages with civil society and promotes awareness of human rights issues.
• Reports on human rights violations and makes recommendations for action.

Through these functions, the High Commissioner contributes to the enforcement of rights established under key international treaties, such as the Convention on the Prevention and Punishment of the Crime of Genocide and the International Convention on the Elimination of All Forms of Racial Discrimination. The role is vital in ensuring accountability and advancing human rights on a global scale.

Q3. Explain the various sources of International Law. 
Ans: International law derives from several key sources as outlined in Article 38 of the Statute of the International Court of Justice (ICJ). The primary sources include:

• International Conventions: Treaties and agreements between states that establish binding legal obligations.
• Customary International Law: Practices that have evolved over time and are accepted as legal norms by states.
• General Principles of Law: Fundamental principles recognized by civilized nations, often used to fill gaps in treaties or customary law.

Secondary sources, such as judicial decisions and scholarly writings, serve as guidance but are not binding. These sources are crucial for the development and enforcement of international law, as they provide a framework for resolving disputes and ensuring compliance among nations. However, not all countries enforce international law uniformly, often due to political, economic, or cultural factors. Some nations may choose to ignore certain laws if they conflict with national interests, leading to challenges in global governance and accountability.

Q4. What happens in case of conflict between a treaty provision and a domestic law?
Ans:  In the event of a conflict between a treaty provision and domestic law, the resolution often depends on the legal framework of the country involved. In India, for instance, international treaties cannot override domestic law unless they are enacted through legislative measures. The Supreme Court in the case of Magan Bhai Patel v Union of India emphasized that if a treaty restricts citizens' rights or modifies state laws, it requires legislative action to be enforceable domestically.

• International treaties need domestic legislation to have effect if they restrict rights.
• Domestic law cannot be used as a defense for breaching international obligations.
• Article 51 of the Indian Constitution promotes respect for international law.
• Article 253 grants Parliament the power to implement treaties, overriding state laws if necessary.

Ultimately, the supremacy of either international law or domestic law in cases of conflict is determined by the specific legal context and the forum in which the dispute arises.

Q5. Explain the existing dispute resolution mechanism in International Law. 
Ans: International law encompasses various mechanisms for resolving disputes that arise between states or between individuals and states. 
Key mechanisms include:

• Mediation: A neutral third party facilitates negotiations between the disputing parties to reach a mutually agreeable solution.
• Arbitration: Disputes are submitted to an impartial tribunal whose decision is binding on the parties involved.
• International Court of Justice (ICJ): The principal judicial body of the UN, which adjudicates disputes between states based on international law.
• Investment Dispute Forums: Established by treaties, these forums address disputes related to foreign investments, often in collaboration with entities like the World Bank.

These mechanisms are often outlined in treaties, which specify the procedures for dispute resolution. The effectiveness of these mechanisms depends on the willingness of states to comply with international norms and the specific provisions of the treaties they enter into.

Q6. In an international conference, aimed at formulating a resolution on an environment issue between the member countries, Indian representative headed for a consent, subject to approval by Indian Parliament. The Parliament, on considering the matter, refused to give assent and thus the terms of resolution were not implemented in India. 
(a) Identify the mode of entering into the treaty opted in the given condition. 
(b) Analyze the situation when it would be binding on the Indian representative to give assent to the resolution.
Ans: (a) Mode of Entering into the Treaty
The mode of entering into the treaty in this situation is through consent by signature. The Indian representative aimed to express consent on behalf of India, contingent upon the approval of the Indian Parliament. This indicates that the representative was authorized to negotiate but required legislative assent for the treaty to be binding.
(b) Binding Nature of Assent
The Indian representative would be bound to give assent to the resolution if the treaty did not impose restrictions on the rights of Indian citizens or require legislative measures for implementation. In cases where the treaty aligns with existing laws and does not necessitate changes in domestic legislation, the representative could consent without parliamentary approval. However, if the treaty involved significant changes to domestic law or citizen rights, parliamentary assent would be mandatory, as established in the case of Magan Bhai Patel v Union of India.