Q. A brief outline of the League of Nations .

**The League of Nations: A Brief Outline**

The League of Nations emerged in the aftermath of the devastating First World War,
conceived as a bold experiment in international cooperation and peacekeeping. Established
on January 10, 1920, as part of the Treaty of Versailles, the League was envisioned as a
forum where nations could come together to prevent future conflicts and promote global
harmony.
**Formation and Objectives:**
The League's formation was a response to the horrors of the Great War, with the hope that
such catastrophic conflicts could be avoided in the future. Its primary objectives were
twofold: to ensure collective security among member states and to foster international
cooperation in various domains such as economics, health, and labour.
**Structure:**
The League comprised several key bodies:
1. *The Assembly*: Representing all member states, the Assembly served as the League's
principal deliberative body. Here, decisions were made through voting, with each member
state having one vote.
2. *The Council*: Comprising permanent members such as Britain, France, Italy, Japan, and
others elected by the Assembly, the Council was responsible for addressing immediate crises
and overseeing the League's activities.
3. *The Secretariat*: The administrative arm of the League, tasked with coordinating its
day-to-day operations and facilitating communication between member states.
4. *The Permanent Court of International Justice*: Housed within the League, this court was
established to settle legal disputes between nations, contributing to the rule of law in
international affairs.

**Successes:**
The League achieved notable successes in its early years, including:
1. *Resolving Minor Disputes*: It successfully mediated numerous minor disputes between
member states, preventing them from escalating into armed conflicts.
2. *Establishing Agencies*: The League established various agencies and commissions to
address pressing global issues, such as the International Labor Organization (ILO) to promote
workers' rights and the League of Nations Health Organization to combat diseases and
improve public health.
3. *Mandates System*: The League administered territories taken from defeated powers as
mandates, aiming to prepare them for self-governance in the future.

**Decline and Legacy:**

The League's decline became apparent with the outbreak of World War II in 1939, as it
proved incapable of preventing another global conflict. In 1945, the League was dissolved,
making way for the establishment of the United Nations, which sought to learn from its
predecessor's mistakes while building upon its principles and structures.
Despite its ultimate failure, the League of Nations remains a pivotal chapter in the history of
international relations, serving as a lesson on the complexities and challenges of fostering
global peace and cooperation. Its legacy continues to inform contemporary efforts to address
conflicts and promote diplomacy on the world stage.

Q. Reasons for failure of league of nations

The League of Nations, envisioned as a beacon of international cooperation and peace after
the devastation of World War I, ultimately faced significant challenges and failures, leading
to its demise. Several key reasons contributed to its failure:

1. **Lack of Enforcement Mechanisms**: The League lacked effective means to enforce its
decisions, particularly in matters of collective security. Member states were often unwilling
or unable to commit military forces to intervene in conflicts, undermining the League's ability
to deter aggression effectively.

2. **Absence of Major Powers**: The absence of major powers, notably the United States,
weakened the League's global influence and legitimacy. Without the participation of
influential nations, the League struggled to assert its authority on the world stage and address
major geopolitical issues effectively.

3. **Limited Membership**: While the League boasted a significant number of member

states, its membership was not universal, leading to gaps in representation and cooperation.
Some key nations, such as Germany and the Soviet Union initially, were excluded, further
hampering the League's effectiveness in addressing global challenges.

4. **Disregard for Collective Security**: Member states often prioritized their own national
interests over collective security, undermining the League's principles. Instances such as
Japan's invasion of Manchuria and Italy's aggression in Abyssinia highlighted the League's
inability to prevent or effectively respond to acts of aggression by member states.

5. **Structural Weaknesses**: The League's decision-making structure, which required

unanimous agreement among major powers in the Council, often led to paralysis and
indecision. Disagreements among member states, particularly on contentious issues, hindered
the League's ability to take swift and decisive action.

6. **Economic Instability**: The economic turmoil of the interwar period, exacerbated by

the Great Depression, strained international relations and fueled nationalist sentiments,
undermining the League's efforts to promote cooperation and peace.

In summary, the League of Nations failed due to a combination of structural weaknesses, lack
of enforcement mechanisms, limited membership, and the geopolitical complexities of the
interwar period. Despite its noble aspirations, the League ultimately proved unable to prevent
the outbreak of another catastrophic global conflict, leading to its dissolution and the
subsequent establishment of the United Nations.
Q. About UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS) is a comprehensive
international treaty that governs all aspects of ocean affairs and maritime navigation. Adopted
in 1982 and coming into force in 1994, UNCLOS is often referred to as the "constitution for
the oceans" due to its wide-ranging scope and significance in international law. Here's an
overview of UNCLOS:

**Background:**
UNCLOS was developed over several years of negotiations among nations seeking to
establish a legal framework to regulate activities in the world's oceans and seas. It replaced
previous conventions and agreements governing maritime affairs, providing a more
comprehensive and coherent set of rules and principles.

**Key Provisions:**
1. **Territorial Sea and Exclusive Economic Zones (EEZs)**: UNCLOS establishes the
territorial sea as a belt of water adjacent to a coastal state's baseline, with a breadth of up to
12 nautical miles. It also defines EEZs, extending up to 200 nautical miles from the baseline,
within which coastal states have exclusive rights over natural resources and jurisdictional
authority.

2. **Continental Shelf**: UNCLOS provides a framework for determining the outer limits of
the continental shelf beyond the EEZ, allowing coastal states to exploit resources in the
seabed and subsoil of their continental margins.

3. **Freedom of Navigation and Overflight**: The convention ensures the freedom of

navigation and overflight for vessels and aircraft in the high seas, subject to certain
limitations and regulations aimed at preserving marine environment and safety.

4. **Marine Environment Protection**: UNCLOS contains provisions for the protection and
preservation of the marine environment, including regulations on pollution prevention,
conservation of marine biodiversity, and measures to mitigate the adverse impacts of
activities such as fishing and shipping.

5. **Settlement of Disputes**: The convention establishes mechanisms for the peaceful

settlement of disputes related to the interpretation and application of its provisions, including
the International Tribunal for the Law of the Sea (ITLOS) and the International Court of
Justice (ICJ).

**Significance:**
UNCLOS is widely regarded as a cornerstone of international maritime law, providing a
comprehensive legal framework for the governance of ocean affairs. It promotes stability,
predictability, and cooperation among nations in the use and management of marine
resources, while also addressing environmental concerns and safeguarding the rights of
coastal states.
**Challenges and Implementation:**
Despite its widespread acceptance and ratification by the majority of UN member states,
UNCLOS faces challenges in implementation and enforcement, particularly in areas of
disputed maritime boundaries and conflicting jurisdictional claims. Efforts to address these
challenges often require diplomatic negotiations, legal proceedings, and cooperation among
states and international organisations.
In conclusion, UNCLOS stands as a landmark treaty in international law, shaping the
governance of oceans and seas and providing a framework for cooperation and conflict
resolution among nations with maritime interests. Its principles and provisions continue to
guide the sustainable management and use of marine resources in the 21st century.

Q. The floating rate regime of IMF

The floating rate regime, as managed by the International Monetary Fund (IMF), is a system
where exchange rates are determined by market forces of supply and demand without
significant intervention from governments or central banks. This system contrasts with fixed
exchange rate regimes, where governments peg their currencies to a specific value against
another currency or a basket of currencies.
**Background:**
The floating rate regime emerged as a response to the limitations and vulnerabilities of fixed
exchange rate systems, particularly after the collapse of the Bretton Woods system in the
early 1970s. Under Bretton Woods, major currencies were pegged to the US dollar, which
was in turn pegged to gold. However, the system became unsustainable due to imbalances in
international trade and speculation against the dollar.

**Key Features:**
1. **Market Determination:** In a floating rate regime, exchange rates are primarily
determined by market forces, including factors such as interest rates, inflation, trade balances,
and investor sentiment. This allows currencies to fluctuate freely in response to changing
economic conditions.

2. **Limited Intervention:** While governments and central banks may occasionally

intervene in foreign exchange markets to stabilise their currencies or address extreme
volatility, such interventions are typically limited compared to fixed exchange rate systems.
IMF guidelines encourage member countries to adopt policies that promote exchange rate
stability and avoid excessive interventions.

3. **Exchange Rate Flexibility:** Floating exchange rates provide greater flexibility for
countries to adjust to external shocks and economic imbalances. When a currency
depreciates, it can boost exports by making goods cheaper for foreign buyers, while a
currency appreciation can reduce import prices and control inflation.
4. **Market Efficiency:** Proponents of floating exchange rates argue that they promote
market efficiency and resource allocation by allowing prices to reflect underlying economic
fundamentals. Investors can freely buy and sell currencies based on their expectations of
future developments, leading to more accurate pricing and risk management.

**Challenges and Considerations:**

1. **Volatility and Uncertainty:** Floating exchange rates can lead to increased volatility and
uncertainty in currency markets, which may pose challenges for businesses, investors, and
policymakers. Sudden currency fluctuations can disrupt trade, investment, and economic
stability.

2. **Policy Coordination:** In a world of floating exchange rates, coordination among

countries becomes essential to prevent competitive devaluations and currency wars. The IMF
plays a role in facilitating policy dialogue and cooperation to address global imbalances and
promote exchange rate stability.

In conclusion, the floating rate regime managed by the IMF represents a flexible and
market-driven approach to exchange rate determination. While it offers benefits such as
increased flexibility and market efficiency, it also poses challenges related to volatility and
the need for international policy coordination.

Q. Two sources of international law

International law is a complex system of rules and principles that govern the relations
between sovereign states and other international actors. It encompasses various sources,
which are the origins of legal norms and standards recognized by the international
community. Two primary sources of international law are treaties and customary international
law.

1. **Treaties:**
Treaties, also known as conventions, agreements, or pacts, are formal written agreements
concluded between states or other international entities. Treaties can address a wide range of
issues, including peace treaties, trade agreements, human rights conventions, environmental
protocols, and more. They are negotiated and signed by representatives of the participating
states and are binding under international law once they enter into force.

*Example: The United Nations Charter*

The United Nations Charter is one of the most significant treaties in international law.
Adopted in 1945, it serves as the foundational document of the United Nations, outlining the
purposes and principles of the organization and establishing the structure of its organs, such
as the General Assembly and the Security Council. The UN Charter is a binding legal
instrument that governs the conduct of member states in their international relations and
provides a framework for maintaining international peace and security.
2. **Customary International Law:**
Customary international law refers to the general practices and customs that have evolved
over time and are recognized as legally binding by states. These customary rules emerge from
the consistent and uniform behavior of states out of a sense of legal obligation or customary
practice. Customary international law is considered binding on all states, regardless of
whether they have explicitly consented to it through treaties.

*Example: Principle of State Immunity*

The principle of state immunity is an example of customary international law. It establishes
that states are generally immune from the jurisdiction of foreign courts and cannot be sued
without their consent. This principle has evolved over centuries through state practice and is
considered a fundamental aspect of international law. While there are exceptions to state
immunity, such as commercial activities or violations of jus cogens norms, the general
principle remains widely accepted and applied in international relations.

In summary, treaties and customary international law are two primary sources of international
law that provide the legal framework for regulating state behaviour and promoting
cooperation among nations. While treaties are formal agreements negotiated and ratified by
states, customary international law derives from established practices and customs recognized
as binding by the international community. Together, these sources contribute to the
development and enforcement of international legal norms and standards.

Q. Compare public and private international law

PUBLIC INTERNATIONAL LAW PVT INTERNATIONAL LAW

● Public international law governs ● Private international law, also

the relationships between
sovereign states and international
organisations. It addresses issues
of global concern such as human
rights, armed conflict,
environmental protection, and
diplomatic relations.
known as conflict of laws,
governs legal disputes involving
private individuals, entities, or
transactions that cross
international borders.

● It primarily concerns states and ● It primarily concerns private parties

international organisations as its such as individuals, corporations,
main subjects. States are considered and other non-state actors engaged
equal under international law, with in commercial, civil, or family law
their rights and obligations matters across different jurisdictions.
determined by treaties, customary
practices, and general principles of
law.
 ● Public international law
derives from various sources
including treaties, customary
international law, general
principles of law recognized
by civilised nations, and
judicial decisions of
international courts and
tribunals.
● Enforcement in public
international law relies heavily on
state consent, diplomatic
negotiations, and international
organisations. Mechanisms such
as the International Court of
Justice (ICJ), arbitration, and
sanctions may be utilised to
resolve disputes and enforce legal
obligations.
● Public international law does not
have a centralised judicial system
with compulsory jurisdiction.
Instead, states must consent to the
jurisdiction of international courts
and tribunals on a case-by-case
basis.
● State sovereignty is a
fundamental principle of public
international law. States have the
exclusive right to govern their
territories and conduct their
affairs without interference from
other states, subject to their
international obligations.
● One of the primary objectives of
public international law is to
maintain international peace and
security. It provides mechanisms for
conflict resolution, disarmament,
● Private international law draws from
domestic laws, international
conventions, model laws, judicial
decisions, and legal principles
developed to resolve conflicts
between different legal systems.
● Enforcement in private international
law primarily occurs through
national courts, which apply conflict
of laws principles and procedural
rules to determine jurisdiction,
applicable law, and the recognition
and enforcement of foreign
judgments.
● National courts have jurisdiction
over private international law
matters within their territorial
boundaries. The determination of
jurisdiction often involves complex
analyses of connecting factors such
as domicile, residence, and the
location of assets or transactions.
● Private international law governs
contractual relationships between
parties from different jurisdictions,
addressing issues such as choice of
law, jurisdiction clauses, and the
recognition and enforcement of
foreign contracts.
● It provides mechanisms for the
recognition and enforcement of
foreign judgments, ensuring that
legal rights and obligations
established in one jurisdiction can be
 and the prohibition of the use of enforced in another.
force except in self-defence or with
authorization from the UN Security
Council.

● Public international law plays a ● Private international law aims to

crucial role in global governance by
establishing norms, standards, and
institutions for cooperation among
states in addressing transnational
challenges such as terrorism, climate
change, and global health crisis.
promote harmonisation and
cooperation among legal systems by
developing uniform rules and
procedures for resolving conflicts of
laws and facilitating cross-border
transactions and litigation.

Q. The Nuremberg trials

The Nuremberg Trials were a series of military tribunals held after World War II to
prosecute prominent leaders of Nazi Germany for war crimes, crimes against
humanity, and other atrocities committed during the Holocaust and the war. Here's an
overview of the Nuremberg Trials:

**Background:**
The trials took place in Nuremberg, Germany, from November 20, 1945, to October 1,
1946, following the end of World War II. The Allied powers, including the United
States, Great Britain, the Soviet Union, and France, jointly organised the trials to hold
Nazi leaders accountable for their actions and to establish principles of international
law regarding war crimes.

**Key Defendants:**
Twenty-four high-ranking Nazi officials were indicted, including prominent figures
such as Hermann Göring, Rudolf Hess, Joachim von Ribbentrop, and Albert Speer.
The defendants were charged with crimes including genocide, crimes against
humanity, war crimes, and conspiracy to wage aggressive war.

**Legal Basis:**
The legal basis for the trials was established through the London Charter of the
International Military Tribunal (IMT), which defined the crimes within the tribunal's
jurisdiction and outlined the procedures for the trials. The Nuremberg Trials marked
the first time in history that individuals were held accountable for committing crimes
against humanity and waging aggressive war.

**Principles Established:**
The trials established several important legal principles, including:
1. The concept of individual criminal responsibility for actions committed during
wartime, regardless of official position or orders.
2. The recognition of crimes against humanity as distinct offenses under international
law, encompassing atrocities such as genocide, extermination, and persecution on
political, racial, or religious grounds.
3. The prohibition of waging aggressive war as a crime under international law,
holding leaders accountable for planning, initiating, and executing aggressive military
campaigns.

**Legacy:**
The Nuremberg Trials set a precedent for subsequent international criminal
prosecutions, including the establishment of the International Criminal Tribunal for
the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda
(ICTR). They also laid the groundwork for the development of modern international
criminal law and the establishment of the International Criminal Court (ICC).

In conclusion, the Nuremberg Trials represented a landmark moment in the history of

international justice, serving as a critical step towards holding perpetrators of genocide
and war crimes accountable and establishing legal standards for prosecuting such
crimes in the future.

Q. India and the agreement of agriculture

India's involvement in the Agreement on Agriculture (AoA) is significant due to its status as
a major agricultural producer and exporter. The AoA is a key component of the World Trade
Organization (WTO) agreements, aiming to liberalise and regulate global agricultural trade.
Here's an overview of India's position and role in the AoA:

**Background:**
The AoA was negotiated during the Uruguay Round of trade talks and came into effect in
1995 as part of the establishment of the WTO. It seeks to promote fair and open agricultural
trade by reducing trade barriers, subsidies, and market distortions.

**India's Position:**
1. **Special and Differential Treatment:**
- India, like many developing countries, advocates for special and differential treatment
(S&D) provisions within the AoA. These provisions recognize the developmental needs and
constraints of developing countries, allowing them more flexibility in implementing their
commitments.

2. **Food Security Concerns:**

- India has raised concerns about the potential impact of AoA provisions on its domestic
food security programs, such as the Public Distribution System (PDS) and Minimum Support
Price (MSP) for farmers. These programs aim to ensure food availability and affordability for
millions of vulnerable populations in India.

3. **Subsidies and Market Access:**

- India has argued for the right to provide domestic agricultural subsidies to support its
farmers, particularly in the face of volatile global market prices. It has also sought to protect
its farmers from unfair competition, advocating for measures to safeguard domestic markets
against cheap imports.

4. **Special Products and Special Safeguard Mechanism:**

- India has pushed for the designation of certain agricultural products as "Special Products"
deserving special treatment under the AoA. It has also advocated for the establishment of a
Special Safeguard Mechanism (SSM) to protect vulnerable sectors from import surges or
price declines.

**Challenges and Negotiations:**

- India has faced challenges in reconciling its domestic agricultural policies with its
international trade commitments under the AoA. Negotiations within the WTO have often
been contentious, with developed and developing countries holding divergent views on
agricultural trade liberalisation.

**Conclusion:**
India's engagement in the AoA reflects its efforts to balance its domestic agricultural
priorities with its commitments to international trade liberalisation. As a major player in
global agricultural markets, India's stance on issues such as subsidies, market access, and
food security has significant implications for the future of agricultural trade negotiations
within the WTO.

Q. South china sea dispute

The South China Sea dispute is a complex and longstanding territorial and maritime conflict
involving several countries in the Asia-Pacific region. At the heart of the dispute are
competing territorial claims over various islands, reefs, shoals, and waters in the South China
Sea, which is a strategically important and resource-rich area. Here's an overview of the
dispute:

**Territorial Claims:**
- China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all assert overlapping
territorial claims in the South China Sea, primarily based on historical claims, geographic
proximity, and geological features.
- China claims sovereignty over most of the South China Sea through its "nine-dash line"
map, which encompasses about 80% of the area, including the Spratly Islands, Paracel
Islands, and Scarborough Shoal.

**Key Issues:**
1. **Maritime Delimitation**: The main issue revolves around the delimitation of maritime
boundaries and exclusive economic zones (EEZs) among the claimant states, particularly
regarding overlapping claims to various features and waters.
2. **Resource Exploitation**: The South China Sea is rich in natural resources, including
fisheries, oil, and natural gas. Access to these resources has become a major point of
contention among claimant states.
3. **Freedom of Navigation**: The dispute has raised concerns about freedom of navigation
and overflight in the South China Sea, as it is a vital maritime artery for international trade,
with an estimated one-third of global shipping passing through its waters.
4. **Military Presence**: The militarization of disputed features by some claimant states,
particularly China, has heightened tensions in the region and raised fears of potential military
conflict.

**Regional Dynamics:**
- The South China Sea dispute has strained relations among claimant states and affected
regional stability. There have been incidents of maritime clashes, diplomatic protests, and
legal disputes over the years.
- Efforts to address the dispute through multilateral mechanisms, such as the Association of
Southeast Asian Nations (ASEAN) and the Code of Conduct negotiations, have been
hindered by divergent interests and geopolitical rivalries.

**International Law and Arbitration:**

- The dispute is governed by international law, including the United Nations Convention on
the Law of the Sea (UNCLOS), which provides the legal framework for determining
maritime entitlements and resolving disputes.
- In 2016, an arbitral tribunal established under UNCLOS ruled in favor of the Philippines in
its case against China, invalidating many of China's claims in the South China Sea. However,
China rejected the ruling, asserting that it would not recognize or abide by it.

**Conclusion:**
The South China Sea dispute remains a complex and volatile issue with significant
implications for regional security and stability. Efforts to manage and resolve the dispute
through diplomacy, legal mechanisms, and confidence-building measures are essential to
prevent escalation and maintain peace in the region.

Q.The structural adjustment programmes of IMF

Structural Adjustment Programs (SAPs) were economic policies prescribed by the
International Monetary Fund (IMF) and the World Bank to developing countries in need of
financial assistance. These programs aimed to address economic imbalances, promote
growth, and facilitate debt repayment. Here's an overview of the structural adjustment
programs of the IMF:

**Objectives:**
1. **Macroeconomic Stability:** SAPs aimed to stabilize a country's macroeconomic
environment by reducing inflation, fiscal deficits, and balance of payments deficits. This
often involved implementing tight monetary and fiscal policies to control inflation and reduce
government spending.

2. **Market-oriented Reforms:** SAPs advocated for market-oriented reforms such as

privatization, deregulation, and trade liberalization to promote economic efficiency, attract
foreign investment, and stimulate growth. This included reducing trade barriers, removing
price controls, and privatizing state-owned enterprises.

3. **Debt Management:** SAPs aimed to address unsustainable levels of external debt by

restructuring debt obligations and implementing policies to improve debt servicing capacity.
This often involved fiscal consolidation measures and debt rescheduling agreements with
creditors.

**Key Components:**
1. **Fiscal Reforms:** SAPs typically involved measures to reduce government spending,
increase tax revenues, and improve fiscal discipline. This often included cutting public
expenditures, rationalizing subsidies, and implementing tax reforms to broaden the tax base.

2. **Monetary Policy:** SAPs focused on stabilizing the country's monetary environment

through measures such as tight monetary policy, exchange rate adjustments, and interest rate
liberalization. This aimed to control inflation, restore confidence in the currency, and
maintain external competitiveness.

3. **Structural Reforms:** SAPs emphasized structural reforms to enhance the efficiency

and competitiveness of the economy. This included measures to improve the business
environment, strengthen property rights, streamline regulations, and promote private sector
development.

**Criticism:**
1. **Social Impact:** SAPs often resulted in social hardships, including unemployment,
poverty, and inequality, as a result of austerity measures and market-oriented reforms.
2. **Policy Conditionality:** Critics argued that SAPs imposed overly rigid and
one-size-fits-all policy conditions on countries, undermining national sovereignty and
autonomy in policymaking.
3. **Long-term Sustainability:** Some analysts questioned the long-term sustainability and
effectiveness of SAPs in promoting sustainable economic development, arguing that they
focused too narrowly on short-term stabilization objectives and neglected broader
development goals.

In conclusion, while structural adjustment programs aimed to address economic imbalances

and promote growth in developing countries, they were often criticized for their social
impact, policy conditionality, and long-term sustainability. Efforts to reform and improve the
design of SAPs have since been made to address these concerns and ensure that IMF
programs better support inclusive and sustainable development.

Q. Brief outline of UN
The United Nations (UN) is an international organization established in 1945 after World War
II, aimed at promoting peace, security, cooperation, and development among nations. It
serves as a forum for member states to address global challenges and work together to
achieve common goals. Here's a brief outline of the United Nations:

**1. Formation and Purpose:**

- The United Nations was founded on October 24, 1945, following the devastation of World
War II, with the signing of the UN Charter in San Francisco.
- The primary purposes of the UN, as outlined in its Charter, include maintaining
international peace and security, promoting human rights, fostering social progress, and
providing a platform for international cooperation.

**2. Structure:**
- General Assembly: Comprising all 193 member states, the General Assembly serves as the
main deliberative and policymaking body of the UN. Each member state has one vote, and
decisions are made through majority voting.
- Security Council: The Security Council is responsible for maintaining international peace
and security. It consists of 15 members, including five permanent members (China, France,
Russia, the United Kingdom, and the United States) with veto power and ten non-permanent
members elected by the General Assembly.
- Secretariat: Headed by the Secretary-General, the Secretariat carries out the day-to-day
work of the UN. It provides administrative support, implements decisions, and coordinates
activities across the UN system.
- Economic and Social Council (ECOSOC): ECOSOC is responsible for promoting
international economic and social cooperation and development. It coordinates the work of
specialised agencies, funds, and programs within the UN system.
- International Court of Justice (ICJ): The ICJ is the principal judicial organ of the UN,
responsible for settling legal disputes between states in accordance with international law.
- Specialised Agencies: The UN system includes specialised agencies such as the World
Health Organization (WHO), the United Nations Educational, Scientific and Cultural
Organization (UNESCO), and the United Nations Children's Fund (UNICEF), each focusing
on specific areas of expertise and global challenges.

**3. Functions and Activities:**

- Peacekeeping and Conflict Resolution: The UN conducts peacekeeping operations and
mediates diplomatic efforts to resolve conflicts and prevent violence in various regions
around the world.
- Humanitarian Assistance: The UN provides humanitarian aid and assistance to populations
affected by conflicts, natural disasters, and other emergencies, delivering food, shelter,
healthcare, and other essential services.
- Development Cooperation: Through its specialised agencies and programs, the UN works to
promote sustainable development, eradicate poverty, improve healthcare and education, and
address other development challenges globally.
- Promotion of Human Rights: The UN upholds and promotes human rights through
mechanisms such as the Universal Declaration of Human Rights, treaty bodies, and special
rapporteurs, advocating for the protection and realisation of human rights worldwide.

**4. Principles:**
- The UN is guided by principles such as sovereign equality, peaceful settlement of disputes,
non-interference in domestic affairs, and respect for human rights and fundamental freedoms.
These principles underpin its work and relations among member states.

In summary, the United Nations serves as a vital platform for international cooperation,
diplomacy, and collective action to address global challenges and pursue common objectives,
guided by its principles and structures outlined in the UN Charter.

Q. Understanding international law

International law is a system of rules and principles governing the relations between
sovereign states and other international actors, such as international organizations and
individuals. It encompasses a wide range of legal norms and standards that regulate various
aspects of international relations, including diplomacy, trade, human rights, armed conflict,
and the environment.

**Key Characteristics of International Law:**

1. **Voluntary Nature:** Unlike domestic law, which is imposed by a central authority

within a particular territory, international law is primarily based on the consent of states.
States voluntarily enter into treaties and agreements, and their obligations are binding only to
the extent that they have agreed to be bound.

2. **State Sovereignty:** Sovereign equality among states is a fundamental principle of

international law. Each state is considered equal under the law and enjoys certain rights, such
as the right to territorial integrity, political independence, and self-determination.

3. **Customary Practice and Treaties:** International law derives from two main sources:
customary international law and treaties. Customary international law is based on the general
practices and beliefs of states over time, while treaties are formal written agreements
negotiated and ratified by states.
4. **Jurisdiction and Enforcement:** International law lacks a centralized judicial system
with compulsory jurisdiction. Disputes between states are typically resolved through
diplomatic negotiations, arbitration, or adjudication before international courts and tribunals.
Enforcement mechanisms may include economic sanctions, diplomatic pressure, or, in some
cases, the use of force authorized by the United Nations Security Council.

5. **Evolution and Adaptation:** International law is dynamic and continuously evolving to

address new challenges and changing circumstances in the international community. It
reflects the evolving norms, values, and interests of states and other international actors.

**Role and Importance:**

1. **Promotion of Order and Stability:** International law plays a crucial role in promoting
order, stability, and predictability in international relations by providing a framework for
resolving disputes, regulating state behavior, and preventing conflicts.

2. **Protection of Rights and Interests:** International law protects the rights and interests of
states, individuals, and other international actors by establishing rules and mechanisms for
upholding human rights, ensuring respect for sovereignty, and facilitating cooperation in
areas such as trade, environmental protection, and humanitarian assistance.

3. **Facilitation of Cooperation:** International law fosters cooperation and collaboration

among states and other international actors by providing a common legal framework for
addressing shared challenges and pursuing common objectives, such as peace, security,
development, and environmental sustainability.

In summary, international law is a vital component of the international system, serving to

regulate state conduct, protect rights and interests, promote cooperation, and maintain peace
and stability in the global community.

Q. The difference between positivist and naturalist law

Positivist Naturalist

● Legal Positivism: Positivist law

emphasises the importance of
written laws, statutes, and rules
enacted by recognized authorities as
the primary source of legal validity.
● Natural Law Theory: Naturalist
law posits that legal validity is
derived from inherent moral
principles or natural laws that exist
independently of human-made laws,
based on notions of justice, fairness,
and inherent human rights.
● Legal Formalism: Positivist law
focuses on the formal characteristics
of legal rules and institutions, such
as their origin, form, and authority,
rather than their moral or ethical
considerations.
● Separation of Law and Morality:
Positivist legal theory maintains a
strict separation between law and
morality, asserting that the validity
of legal norms is not contingent
upon their moral or ethical
correctness.
● Legal Validity: According to
positivist law, the validity of legal
rules and decisions is determined
solely by their compliance with
established legal procedures and
sources of authority, such as
constitutions, statutes, and judicial
precedents.
● Legal Certainty: Positivist law
emphasises the importance of legal
certainty and predictability, as legal
norms are clear, ascertainable, and
enforceable based on their explicit
textual content.
● Legal Positivism and Social Change:
Positivist legal theory tends to
prioritise stability and continuity in
legal systems, making gradual
changes through formal legislative
processes rather than radical reforms
based on moral or philosophical
considerations.
● Criticism: Positivist legal theory has
been criticised for its potential to
justify unjust or oppressive laws by
● Morality and Law: Naturalist legal
theory emphasises the connection
between law and morality, asserting
that laws must reflect moral
principles and promote justice to be
considered valid and legitimate.
● Objective Morality: Naturalist law
suggests the existence of an
objective moral order that serves as
the foundation for legal norms,
guiding principles such as human
dignity, equality, and the common
good.
● Critique of Positive Law:
Naturalist legal theory critiques
positivist law for its potential to
produce unjust or immoral outcomes
by divorcing legal validity from
moral considerations and focusing
solely on formal legal procedures.
● Universal Principles: Naturalist law
advocates for the recognition of
universal moral principles and
human rights that transcend national
or cultural boundaries, serving as the
basis for international law and
human rights norms.
● Role of Judges: In naturalist legal
systems, judges may interpret laws
in light of moral principles and
natural law, exercising discretion to
ensure that legal outcomes are
consistent with notions of justice and
fairness.
● Criticism: Naturalist legal theory
has been criticised for its potential to
introduce subjectivity and
 focusing solely on their formal uncertainty into legal
validity and authority, regardless of decision-making, as interpretations
their moral implications or social of natural law principles may vary
consequences. among judges and legal scholars.

● Example: The legal system of many

civil law countries, where laws are
codified in written statutes and
judicial decisions are primarily
based on statutory interpretation,
reflects positivist legal principles.
● Example: The concept of human
rights, based on inherent dignity and
equality, reflects naturalist legal
principles and has influenced the
development of international human
rights law.

Q. Sources of international law

International law derives from various sources that serve as the foundation for legal norms
and standards governing the conduct of states, international organisations, and other actors in
the international arena. These sources provide the basis for determining the rights and
obligations of states and guiding interactions among them. Here are the primary sources of
international law:

**1. Treaties:**
- Treaties, also known as conventions, agreements, or pacts, are formal written agreements
concluded between states or international organisations. Treaties can address a wide range of
issues, including peace treaties, trade agreements, human rights conventions, environmental
protocols, and more.
- Treaties are considered one of the most important sources of international law, as they
create binding legal obligations for the parties involved. Treaties may be bilateral (between
two parties) or multilateral (involving multiple parties) and can be either general or specific
in their scope.

**2. Customary International Law:**

- Customary international law refers to the general practices and customs that have evolved
over time and are recognized as legally binding by states. These customary rules emerge from
the consistent and uniform behaviour of states out of a sense of legal obligation or customary
practice.
- Customary international law is considered binding on all states, regardless of whether they
have explicitly consented to it through treaties. Examples of customary international law
include prohibitions against genocide, slavery, and piracy, as well as principles governing
diplomatic immunity and state sovereignty.

**3. General Principles of Law:**

- General principles of law are fundamental legal principles that are recognized and applied
by legal systems around the world. These principles, such as principles of equity, fairness,
and justice, provide a basis for interpreting and applying international legal norms.
- General principles of law serve as supplementary sources of international law, filling gaps
in treaty law and customary international law. They are often invoked by international courts
and tribunals to resolve disputes and determine the rights and obligations of parties.

**4. Judicial Decisions and Scholarly Writings:**

- Judicial decisions, including judgments rendered by international courts and tribunals,
contribute to the development and interpretation of international law. These decisions
establish precedents and clarify the application of legal principles in specific cases.
- Scholarly writings, including works by legal scholars, academics, and experts in
international law, provide valuable insights and interpretations of legal norms and principles.
While not binding in themselves, scholarly writings contribute to the ongoing dialogue and
evolution of international law.

**5. Resolutions and Decisions of International Organizations:**

- Resolutions and decisions adopted by international organisations, such as the United
Nations General Assembly and Security Council, can also contribute to the formation of
international law. These resolutions may express the consensus of states on certain issues or
establish guidelines for state behaviour.

In summary, the sources of international law are diverse and encompass treaties, customary
practices, general principles of law, judicial decisions, and resolutions of international
organisations. Together, these sources provide the legal framework for regulating state
conduct and promoting cooperation and stability in the international community.

Q. The modern /eclectic school of international law

The modern or eclectic school of international law represents a contemporary approach to the
study and practice of international law that integrates various legal theories, perspectives, and
methodologies. Unlike traditional schools of thought, which may emphasize a single theory
or source of law, the modern school embraces a pluralistic and interdisciplinary approach,
drawing insights from different legal traditions and academic disciplines. Here's an overview
of the modern/eclectic school of international law:

**1. Pluralism and Interdisciplinarity:**

- The modern school of international law embraces pluralism, recognizing that international
law is shaped by diverse legal traditions, cultural perspectives, and historical experiences. It
emphasizes the importance of interdisciplinary collaboration, drawing on insights from fields
such as political science, sociology, economics, and philosophy to analyze and interpret
international legal norms and practices.

**2. Evolutionary Perspective:**

- The modern school adopts an evolutionary perspective on international law, recognizing
that it is constantly evolving in response to changing social, political, and economic
conditions. It acknowledges the dynamic nature of international law and seeks to understand
how legal norms and institutions adapt and develop over time.

**3. Contextual Analysis:**

- The modern school emphasizes the importance of contextual analysis in interpreting and
applying international legal norms. It recognizes that the meaning and significance of legal
principles may vary depending on the specific historical, cultural, and geopolitical context in
which they arise.

**4. Integration of Legal Theories:**

- The modern school integrates various legal theories and approaches, including positivism,
natural law, legal realism, and critical legal studies. It acknowledges that different theories
may offer valuable insights into the nature, function, and legitimacy of international law and
seeks to synthesize their perspectives in a coherent and nuanced framework.

**5. Human Rights and Global Justice:**

- The modern school places a strong emphasis on human rights and global justice as central
principles of international law. It recognizes the importance of protecting and promoting
human dignity, equality, and justice in the international community and advocates for the
development of legal mechanisms to enforce human rights standards and hold states
accountable for violations.

**6. Empirical Research and Policy Analysis:**

- The modern school values empirical research and policy analysis as tools for understanding
and evaluating the effectiveness of international legal norms and institutions. It seeks to
assess the impact of international law on state behavior, global governance, and the protection
of human rights through empirical studies and evidence-based analysis.

**7. Legal Pluralism and Global Governance:**

- The modern school acknowledges the existence of multiple legal orders and sources of
authority in the international system, including state law, international law, and transnational
legal norms. It explores the implications of legal pluralism for global governance and seeks to
develop frameworks for managing conflicts and fostering cooperation among different legal
regimes.

In summary, the modern/eclectic school of international law represents a dynamic and

inclusive approach to the study and practice of international law, characterized by pluralism,
interdisciplinary collaboration, contextual analysis, and a commitment to human rights and
global justice. It reflects the complexities of the contemporary international legal landscape
and seeks to address the diverse challenges facing the international community in the 21st
century.
Q. Security council and reforms
The United Nations Security Council (UNSC) is one of the principal organs of the UN,
responsible for maintaining international peace and security. However, its composition and
decision-making process have been subject to criticism, leading to calls for reforms. Here's an
overview of the Security Council and proposals for reform:

**Composition and Structure:**

- The UNSC consists of 15 members, including five permanent members with veto power
(China, France, Russia, the United Kingdom, and the United States) and ten non-permanent
members elected by the General Assembly for two-year terms.
- The permanent members' veto power allows them to block any substantive resolution,
regardless of the level of international support it may have.

**Criticism of Current Structure:**

1. **Lack of Representation:** The UNSC's composition does not reflect the current
geopolitical realities, as it was established in 1945, with power concentrated among the
victorious World War II allies.
2. **Imbalance of Power:** The veto power held by the permanent members gives them
disproportionate influence over the Council's decisions, potentially obstructing collective
action and undermining its effectiveness.
3. **Exclusion of Major Contributors:** Growing regional powers such as India, Brazil,
Germany, and Japan are not represented among the permanent members, despite their
significant contributions to global peace and security.

**Proposals for Reform:**

1. **Expansion of Membership:** Many proposals for reform advocate for expanding the
UNSC's membership to include more permanent and non-permanent members, reflecting the
current distribution of power and ensuring greater representation of regions such as Africa,
Latin America, and Asia.
2. **Limitation or Elimination of Veto Power:** Some reform proposals suggest limiting or
abolishing the veto power of the permanent members to prevent obstructionism and promote
consensus-based decision-making.
3. **Regional Representation:** Calls for regional representation aim to ensure that all
regions of the world are adequately represented on the UNSC, allowing for a more balanced
and inclusive decision-making process.
4. **Transparency and Accountability:** Reform efforts also seek to enhance the
transparency and accountability of the UNSC's decision-making process, including greater
involvement of non-governmental organizations (NGOs) and civil society in its deliberations.

**Challenges and Prospects:**

- Despite widespread recognition of the need for reform, achieving consensus among member
states on specific proposals has proven challenging. The interests and priorities of different
countries often diverge, making it difficult to reach agreement on contentious issues such as
the expansion of permanent membership or the limitation of veto power.
- Nevertheless, reform efforts continue to be discussed within the UN, with various member
states and advocacy groups advocating for a more representative, accountable, and effective
Security Council that can better address the complex challenges of the 21st century.

Q. 'International law is weak'. Explain

The assertion that "international law is weak" is a common critique often voiced by scholars,
policymakers, and observers of international relations. While international law plays a crucial
role in regulating state behaviour and promoting cooperation, its effectiveness is often
challenged by several factors, contributing to its perceived weakness. Here's an explanation
of why international law is often considered weak:

**1. Lack of Centralised Enforcement Mechanisms:**

- Unlike domestic legal systems, international law lacks a centralised authority with the
power to enforce its provisions. While institutions such as the International Court of Justice
(ICJ) and the International Criminal Court (ICC) exist to adjudicate disputes and prosecute
individuals for international crimes, their jurisdiction is limited, and compliance with their
rulings is voluntary for states.

**2. Sovereignty and State Consent:**

- The principle of state sovereignty is a fundamental tenet of international law, giving states
autonomy and independence in their domestic affairs. As a result, states must voluntarily
consent to be bound by international legal norms through treaties and agreements, and they
retain the discretion to interpret and apply these norms as they see fit.

**3. Limited Compliance and Enforcement Capacity:**

- Even when states agree to international legal obligations, compliance with these obligations
can be inconsistent and selective. States may prioritise their national interests over their
international legal obligations, leading to instances of non-compliance, treaty violations, and
impunity for international crimes.

**4. Power Imbalances and Politics:**

- International law operates within a global system characterised by power asymmetries and
geopolitical rivalries. Powerful states may exert influence over the development and
enforcement of international legal norms, often pursuing their interests at the expense of
weaker states or international cooperation.

**5. Inadequate Remedies and Sanctions:**

- International law relies primarily on diplomatic negotiations, arbitration, and economic
sanctions to resolve disputes and encourage compliance. However, these mechanisms may be
insufficient to address serious violations of international law, such as armed conflict, human
rights abuses, and environmental degradation.

**6. Limited Scope and Coverage:**

- International law may not adequately address emerging issues and challenges in the
globalised world, such as cyber warfare, terrorism, and climate change. Existing legal
frameworks may be outdated or ill-suited to address complex transnational threats, leading to
gaps in legal regulation and enforcement.

In summary, while international law serves as a crucial framework for regulating state
behaviour and promoting global cooperation, its effectiveness is hindered by factors such as
the lack of centralised enforcement mechanisms, state sovereignty, power imbalances, and
inadequate remedies. Addressing these challenges requires collective efforts by states,
international organisations, and civil society to strengthen the implementation and
enforcement of international legal norms and promote a more just and rule-based
international order.

Q. Trade and international law from ancient times to modern times.

Trade has been a fundamental aspect of human civilization since ancient times, and the
regulation of trade through legal norms and institutions has evolved significantly over the
centuries. From the ancient Silk Road to the modern era of global trade agreements,
international law has played a crucial role in facilitating and regulating international
commerce. Here's an overview of trade and international law from ancient times to modern
times:

**Ancient Trade and Legal Systems:**

- In ancient times, trade routes such as the Silk Road, which connected Asia, Europe, and
Africa, facilitated the exchange of goods, ideas, and cultures across vast distances.
- Early civilizations, including the Mesopotamian, Egyptian, Greek, and Roman empires,
developed legal systems to regulate trade, resolve disputes, and protect merchants and
traders.
- The Code of Hammurabi, dating back to ancient Mesopotamia, included provisions
governing commercial transactions, contracts, and the rights and responsibilities of
merchants.

**Medieval Trade and Maritime Law:**

- During the mediaeval period, trade expanded further with the emergence of maritime routes
and trading networks linking Europe, Asia, and Africa.
- Maritime law, or admiralty law, developed to regulate commercial activities at sea,
including navigation, shipping, and trade. Legal codes such as the Rhodian Sea Law and the
Laws of Oleron governed maritime commerce and provided rules for resolving disputes
among seafarers.

**Early Modern Trade and Treaty Law:**

- The age of exploration and colonialism in the early modern period led to the establishment
of colonial trading empires and the expansion of global trade networks.
- European powers negotiated bilateral treaties and agreements to regulate trade and secure
commercial privileges in foreign territories. Treaties such as the Treaty of Tordesillas (1494)
and the Treaty of Nanking (1842) established rules for colonial trade and commerce.

**Modern Trade and Multilateral Agreements:**

- The rise of industrialization and globalisation in the 19th and 20th centuries transformed
trade into a global phenomenon, leading to the development of modern international trade
law.
- The General Agreement on Tariffs and Trade (GATT), established in 1947, laid the
foundation for the multilateral trading system, promoting free trade and reducing trade
barriers through successive rounds of negotiations.
- The establishment of the World Trade Organization (WTO) in 1995 further institutionalised
international trade law, providing a forum for negotiating trade agreements, resolving
disputes, and enforcing trade rules among member states.

**Contemporary Trade Challenges:**

- In the 21st century, international trade faces new challenges, including digital trade,
intellectual property rights, environmental sustainability, and labor standards. Trade
agreements such as the Trans-Pacific Partnership (TPP) and the Comprehensive Economic
and Trade Agreement (CETA) seek to address these issues while promoting economic growth
and development.

In summary, trade and international law have evolved hand in hand from ancient times to
modern times, reflecting changes in economic, political, and technological landscapes. While
ancient legal systems regulated trade locally, modern international trade law governs global
commerce through multilateral agreements and institutions, promoting cooperation, stability,
and prosperity in the global economy.

Q. Nuremberg trials and international law

The Nuremberg Trials, held between 1945 and 1949, were a series of military tribunals
conducted by the Allied powers after World War II to prosecute prominent leaders of Nazi
Germany for war crimes, crimes against humanity, and other egregious violations of
international law. The significance of the Nuremberg Trials extends far beyond the immediate
legal proceedings, as they marked a watershed moment in the development of international
law and the establishment of principles for holding individuals accountable for atrocities
committed during armed conflict. Here's an overview of the Nuremberg Trials and their
impact on international law:

**1. Establishment of Legal Precedents:**

- The Nuremberg Trials established key legal principles that have since become fundamental
tenets of international humanitarian law and international criminal law. These include the
recognition of crimes against humanity, war crimes, and crimes against peace as punishable
offenses under international law.
**2. Individual Criminal Responsibility:**
- One of the most significant contributions of the Nuremberg Trials was the establishment of
the principle of individual criminal responsibility. The trials rejected the notion of state
immunity for individuals responsible for international crimes and affirmed that individuals
could be held accountable for their actions, regardless of their official position or affiliation
with a government.

**3. Universal Jurisdiction:**

- The trials introduced the concept of universal jurisdiction, which allows states to prosecute
individuals for certain international crimes regardless of where the crimes were committed or
the nationality of the perpetrator or victim. This principle has since been enshrined in various
international legal instruments and has been used to prosecute perpetrators of genocide, war
crimes, and crimes against humanity worldwide.

**4. Legal Basis for the International Criminal Court (ICC):**

- The Nuremberg Trials laid the groundwork for the establishment of permanent international
criminal tribunals, culminating in the creation of the International Criminal Court (ICC) in
2002. The ICC serves as a permanent institution with jurisdiction over individuals accused of
the most serious international crimes and operates independently of national legal systems.

**5. Deterrence and Prevention of Atrocities:**

- By holding Nazi leaders accountable for their crimes, the Nuremberg Trials sent a powerful
message about the importance of upholding international law and the consequences of
violating human rights and humanitarian norms during times of conflict. The trials helped to
deter future atrocities and promote respect for the rule of law in the international community.

**6. Legacy and Continuing Relevance:**

- The legacy of the Nuremberg Trials continues to shape international legal norms and
practices, influencing subsequent efforts to prosecute individuals responsible for genocide,
war crimes, and crimes against humanity. The trials remain a symbol of justice and
accountability and serve as a reminder of the enduring importance of upholding human rights
and humanitarian principles in the face of mass atrocities.

In summary, the Nuremberg Trials played a pivotal role in the development of international
law, establishing legal precedents, principles, and mechanisms for holding individuals
accountable for grave breaches of international law. The trials underscored the importance of
justice, accountability, and the rule of law in the aftermath of conflict, leaving a lasting legacy
that continues to shape efforts to promote peace, justice, and human rights around the world.

Q. The IMF is the financial fighter or lifeguard of weaker economies.

The International Monetary Fund (IMF) plays a complex role in the global economy, often
characterised as both a financial firefighter and a lifeguard for weaker economies. Its
functions include providing financial assistance, offering policy advice, and promoting
economic stability and growth among its member countries. Here's an overview of how the
IMF acts as both a financial firefighter and a lifeguard for weaker economies:

**1. Financial Firefighter:**

- During times of financial crisis or economic turmoil, the IMF acts as a financial firefighter,
providing emergency financial assistance to countries facing balance of payments crises,
currency crises, or sovereign debt crises.
- The IMF's financial support comes in the form of loans and credit lines, providing
immediate liquidity to countries in distress and helping to stabilise their economies and
restore investor confidence.
- IMF assistance often comes with conditions or policy requirements, such as implementing
austerity measures, fiscal reforms, and structural adjustments, aimed at addressing underlying
economic imbalances and restoring macroeconomic stability.

**2. Lifeguard for Weaker Economies:**

- The IMF also serves as a lifeguard for weaker economies by offering technical assistance,
capacity building, and policy advice to help countries strengthen their economic
fundamentals, improve governance, and build resilience to external shocks.
- Through its surveillance function, the IMF monitors global economic developments and
provides early warning signals to countries, helping them anticipate and mitigate potential
risks to their economies.
- The IMF's policy advice and technical assistance programs aim to enhance the capacity of
governments to formulate and implement sound economic policies, promote sustainable
development, and reduce poverty.

**3. Balancing Act:**

- The IMF's role as both a financial firefighter and a lifeguard involves striking a delicate
balance between providing immediate financial relief to countries in crisis and promoting
long-term economic stability and development.
- While IMF loans can help stabilise economies in the short term, they may also entail risks
and challenges, such as exacerbating debt burdens, social unrest, and economic inequality if
not accompanied by appropriate policy reforms and safeguards.
- The IMF continually evaluates its policies and practices to ensure they remain relevant and
effective in addressing the evolving needs and challenges of its member countries, balancing
the imperative of crisis management with the goal of fostering sustainable and inclusive
growth.

In summary, the IMF serves as both a financial firefighter and a lifeguard for weaker
economies, providing emergency financial assistance and policy advice to countries in crisis
while also supporting long-term capacity building and economic development efforts. Its dual
role reflects the complex challenges of global economic governance and the imperative of
balancing short-term stability with long-term sustainability in the pursuit of inclusive and
resilient growth.