UPSC Mains Law Paper Topic : State Recognition and State Succession

UPSC Mains Law Paper Topic : State Recognition and State Succession

  1. Distinguish between defacto recognition and de facto recognition. (93/I/6b/20)
  2. The Government of State X is overthrown. Rebels establish a new Government. State Y continues to recognise the old Government. A suit is filed in State Y by new Government of State X against a bank for recovery of certain money due to State X. The old Government opposes the suit claiming that the money belongs to the lawful representatives of State X. Decide. (94/I/7a/30)
  3. Ten aircraft that belonged to the monarchical government of prerevolutionary Russia were lying in the British airfield even after they were sold to an American company. The Communist Government that came to power in Russia after the revolution and was recognised de jure by Britain made a claim for the ownership of the aircraft. Discuss whether the previous transaction of sale is binding on the new government. (95/I/7a/30)
  4. “Occupation can be effected only through taking possession of, and establishing an administration over, territory in the name of, and for, acquiring State.” Explain and distinguish occupation from annexation. (95/I/5b/20)
  5. State X deposited some gold in State Y. There was a rebellion in State X and the rebels were successful in establishing a parallel government. After some time State Y granted de jure recognition to 37 (Main) Law—Topic Wise Paper the new government formed by rebels. The new government claims the gold deposited in State Y by the old government. Decide. (96/I/7b/30)
  6. While as a matter of international law, private rights acquired from an erstwhile sovereign do not cease to exist on a change of sovereignty, nevertheless, their enforcement as such rights in the courts of the successor sovereign may be barred by the act of State doctrine. Discuss and illustrate. (96/I/5c/20)
  7. Smith and Company registered in India was carrying on trade with Sikkim before it became part of India. The government of Sikkim confiscated a few consignments set to the company’s office in Sikkim from India. Soon thereafter Sikkim became part of India. Smith and Company claims consignments or their value from government of Indian. Discuss the liability of the government of India towards Smith and Company. (97/I/7b/20),
  8.  Rhodesia becomes independent by the unilateral Declaration of Independence. Examine the implications under relevant principles of international law. (98/I/7b/20)
  9. Pakistan has taken loan from certain international loaning agencies for its development. Part of the loan was spent on the development of the then East Pakistan which is now the independent State of Bangladesh. After East Pakistan succeded from Pakistan, Pakistan contended that the responsibility for the repayment of that portion of debt which was spent on East Pakistan had developed on Bangladesh. Bangladesh denied it. Decide giving reasons. (99/I/8a/20)
  10. A revolution takes place in State ‘X’. ‘Y’ seizes power in an unconstitutional manner by installing himself as the Head of State ‘X’. What principles will govern the question of recognition of ‘Y’ as the Head of States ‘X’ on the part of other states? What consequences will ensure if recognition is accorded or refused? (00/I/7b/20)
  11. A foreign bank has given a loan to the Government of State ‘A’ for the improvement of roads in ‘X’, a province of State ‘A’ . ‘X’ is subsequently ceded to State ‘B’. The Government of State ‘B’ refuses to accept any responsibility of the loan. Is State ‘B’ entitled to do so? Discuss. (00/I/7c/20)
  12. Write explanatory note : Recognition of a State and Recognition of a government (01/I/8a/20)
  13. Explain Recognition of a State and Recognition of a Government. (03/I/5b/20)
  14. “The granting of recognition to a new state is not constitutive but a declaratory act.” Do you agree with this view? Discuss the theories of recognition and state which theory is correct in your view. (04/I/8b/30)
  15. What do you understand by state succession? To what extent does succession take place to (a) the treaty rights and obligations, and (b) contractual obligations of the extinct state? Explain. (05/I/8b/30)
  16.  “A State is, and becomes, an international person through recognition only and exclusively.” Discuss. Is there any duty under International Law to recognise a State? (06/I/5d/20) (Main) Law—Topic Wise Paper 38
  17. International practice supports the evidentiary theory as to the nature, effect and function of recognition. Comment. (07/I/6b/30)
  18. Examine critically the different views regarding the recognition of States, highlighting the legal consequences of acts of recognition and policies of nonrecognition. Also mention the difference between ‘express recognition’ and ‘implied recognition’. (09/I/6a/30)
  19. What do you understand by the principle of Continuity of State in the context of succession of government? Pinpoint the major areas to be addressed to improve upon the existing position relating to State succession rules and practice. (10/I/5b/20)
  20. Discuss with illustrations the law and the practice of various States in relation to non-recognition of governments. (10/I/6b/30)
  21. “The distinction between ‘dejure/ defacto recognition’ and ‘recognition as the dejure and defacto government’ is insubstantial, more especially as the question is one of intention and the legal consequences thereof in the particular case. If there is a distinction it does not seem to matter legally.” Comment and discuss the distinction between the two. (11/I/6a/30)
  22. “States are subject to a duty under International Law to recognize a new State fulfilling the legal requirements of Statehold, but the existence of such a duty is not borne out by the weight of precedents and practices of States. The decision of a State in according or withholding recognition is a matter of vital policy that each State is entitled to take by itself.” Reconcile and argue which of these two statements (extreme views) regarding recognition of a State given by Lauterpacht (obligatory) and by Podesta Costa (Facultative) is more appropriate, with the help of instances in regard to de facto and de jure recognition. (13/I/6b/25)






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