UPSC Mains Law Paper Topic : Nature and Definition of
International Law
- “Decisions of courts and tribunals are a subsidiary and indirect source
of international law.” Discuss this statement and explain how far decision
of judicial institutions lead to the formulation of the rules of
international law. (93/I/5a/20)
- “Custom and treaties are the two principal sources of international
law.” Discuss. (94/I/5a/20)
- “International law is the name for the body of customary and treaty
rules which are considered legally binding by States in their intercourse
with each other.” Discuss. (95/I/5a/20)
- What is the basis of obligation in International law? Discuss the
respective viewpoints of naturalist and positivist schools. (99/I/7b/30)
- It is too late to deny the legal character of international law, but in
the present state of affairs it is tragically ineffective. Comment.
(99/I/5a/20)
- Write explanatory note: The theory of consent as the binding force of
international law. (00/I/8b/20)
- “International Law is a ‘weak-law.” Do you agree with this statement?
Give reasons. (00/I/5a/20)
- “International law has progressed by leaps and bounds; yet the
theoretical controversy about the nature of international law is far from
over.” Comment. (01/I/5a/20)
- Discuss the extent and scope of the doctrine of “forum prorogatum”.
(01/I/5d/20)
- Highlight the significance of “judicial decisions” as a source of
international law. (01 /I/5c/20)
- If we examine the ‘opinions’ on the definition of International Law, we
are inclined to ask: ‘What is so international in the so-called
International Law?’ Analyse. (02/I/5a/20)
- “The controversy whether International law is law or not is meaningless
because, in fact, it is law and is generally obeyed.” Highlight the views
of-prominent waters about the above statement.(04/ I/5a/20)
- Do you agree with the view that “International Law is merely a positive
morality”? Discuss the nature of International Law. (06/I/5a/20)
- What do you mean by the term ‘Subjects of International Law? What are
its attributes? (07/I/5d/20)
- “International Law is defined as ‘Vanishing point of Jurisprudence’.”
(Holland). Examine this view point with reference to the nature of
International Law. (07/I/5a/20)
- Discuss the importance of International Customs as a source of
International Law. When does a usage crystallize into a custom? (07/I/6a/30)
- “It is difficult to maintain the distinction between formal and material
sources taking into account that material sources consist simply of quasi
constitutional principles of inevitable but unhelpful generality. What
matters is the variety of material sources, the all-important evidence of
the existence of consensus among States concerning particular rules of
practice.” Critically examine the various sources of International Law in
the development of Modern International Law, with the help of relevant case
law. (08/I/5a/20)
- Write short note on Sanctions of International Law. (09/I/8a/20)
- “The fundamental principles of International law are passing through a
serious, crisis and this necessitates its reconstruction.” Do you agree with
this statement? Give reasons. (10/I/5a/20)
- “The traditional definitions of International law with its restrictions
to the conduct of States inter se, in view of developments during the last
six dicades cannot stand as a comprehensive description of all the rules now
acknowledged to form part of International law (10/I/6a/30)
- One extreme view is that International Law is a system without
sanctions. However, it is not quite true that there are no forcible means of
compelling a state to comply with International Law. Comment and state
various sanctions for the observance of International Law. (11/I/5a/15)