UPSC Mains Law Paper Topic: Territorial jurisdiction of States,
Extradition and Asylum
- Distinguish between territorial asylum and extra territorial asylum. (93/I/6c/20)
- “Now the central feature of distinction between occupation and prescription was this, that one act of animus and factum sufficed to complete the legal act disgnated by the term occupation; where upon reseased to be nullius, but the possession which required the factum of physical control to be continuous for a longtime, was the basis of prescription.” O’Connel. Explain and bring out the importance of occupation as a mode of acquisition of territory in international law. (93/I/6a/20)
- “Boundaries are one of the most significant manifestations of State territorial sovereignty.” Explain. 41 (Main) Law—Topic Wise Paper (93/I/5c/20)
- A municipal court allows extradition of a person who murdered his wife in his country. The same court did not allow extradition of a foreigner who took part in political uprisings in his country. Examine the legal questions involved and bring out the distinction. (93/I/7b/30)
- An Australian ship collided with a Cuban vessel on high seas and caused the death of five Cuban officials on board of the Cuban vessel. The Australian captain was prosecuted in Cuban court for manslaughter he challenges the jurisdiction of the Cuban court. Discuss the rules of international law on the question. (93/I/7c/30)
- A Chinese warship which passes through the territorial waters of Singapore is damaged by the explosion of mines laid by Singapore there. A naval unit of China sweep the mines of the territorial waters of Singapore without the consent of Singapore. Both China and Singapore complain against the action of the other. Develop the arguments on the basis of which decision can be given by the International Court of Justice. (94/I/7c/20)
- X and Y were British subjects who entered in the service of the Chinese Government while they were on board a Chinese warship anchored in the territorial waters of Hong Kong, X killed Y, X is prosecuted for murder before the British local court of Hong Kong. X challenges the jurisdiction of the court to try him. Decide. (95/I/7c/30)
- K, a foreign sovereign, assuming a false name enters into a contract of marriage in England with a woman Q- Later K makes a breach of contract. In a suit by Q. K pleads that he being a sovereign is entitled immunity. Discuss the legal questions and decide. (95/I/7b/30)
- X, an American citizen published in Texas an article defamatory to a Mexican citizen Y. X was in Mexico on a temporary visit and was arrested by the Mexican government for prosecution. The U.S. government protests against the action of the Mexican government. How will you decide? (96/I/7a/30)
- Write short note : Concept of opposability. (97/I/8d/20)
- Write short note : Asylum (98/I/8c/20)
- A group of people stages demonstration outside the Embassy of a foreign country in New Delhi. Shots were fired from inside the Embassy killing a Police Officer on duty outside to control the demonstrators. The Government of India requests the Foreign State to recall the staff responsible for shooting. Decide. (98/I/7c/20)
- On board a Chinese public ship, while is was on high seas, a cabin boy, who was a British national, committed the crime of murder. The Captain of ship ordered the crew to take the ship to the nearby Hong Kong territorial waters. Hong Kong was then a British colony. He took assistance of the Hong Kong authorities and the cabin boy was arrested. There he was tried and in the trial the Chinese authorities fully cooperated. At the end of the trial he was -convicted and sentenced to death. In appeal he contended that the trial court did not have jurisdiction. In his view the public ship of China was like a Chinese floating island and therefore, only a Chinese court had the jurisdiction (Main) Law—Topic Wise Paper 42 and the Hong Kong court could assume jurisdiction only if China waived its immunity and that in the facts of the case China had not done it. Decide giving reasons. (99/I/8c/20)
- Rights, privileges, and immunities of diplomatic envoys are primarily based on the need to ensure the efficient performance of the functions of the diplomatic missions, and to a secondary degree that a diplomatic mission personifies the sending State, and not on any theory of exterritoriality. Comment. (99/I/5d/20)
- Asylum stops, as it were, where extradition or rendition begins. Comment. (99/I/5b/20)
- Write explanatory note : Prevention and punishment of crimes against diplomatic envoys. (00/I/8c/20)
- “Every person is subject to the territorial jurisdiction of a state.” Critically examine the statement. (00/I/5c/20)
- Write explanatory note : AngloNorwegian Fisheries case and the Straight base-line method.(01/I/8b/20)
- A private Korean ship delivered some narcotics and philanthropic drugs to an Indian National near Madras, well within the territorial waters of India. The Indian coastguards came to know about it and chased the Korean ship which started moving in full speed towards Colombo. Before it could be captured by the Indian coastguards, the ship entered the Sri Lankan territorial waters. Indian guards entered the Sri Lankan waters, captured the Korean ship and brought it to Indian. The Sri Lankan Government protested. Discuss the legal position of India under international law in relation to the right of hot pursuit. (01/I/7b/30)
- Discuss the principles on which the extradition of a fugitive offender is based. Is a state liable to extradite an offender, who has been accused of a political murder in a neighbouring state? Give reasons. (04/I/6a/30)
- What are the conditions for granting asylum in a diplomatic embassy? When is this asylum regarded irregular? Explain with illustrations. (05/I/6a/30)
- “Aut dedere aut judicare obligation is a common /feature of the recent antiterrorism conventions.” In the light of this statement explain the rules of International law pertaining to extradition of terrorists. (05/I/5a/20)
- Discuss the basis of State jurisdiction. What are the exemptions to the territorial jurisdiction of a State? (06/I/6b/30)
- “Asylum ends where extradition begins.” Explain fully. (06/I/5b/20)
- Write note on Laws relating to Territorial Waters, Continental Shelf and High Seas. (08/I/8c/20)
- Do you find any distinction between the State Liability and State Responsibility under International Law? Critically examine the general principles of State Responsibility in International Law. (08/I/5d/20)
- A group of three men (L, M and N) citizens of country A, posing as officers of premier investigating agency of A, rob a huge jewelry shop and then flee away to country, B where they are granted asylum. Government of A, requests B to extradite L, M and N in terms of extradition treaty between them. B declines. A sends spies to B who abduct L, M and N and who produce them before the Court in A. ‘B’ 43 (Main) Law—Topic Wise Paper approaches ICJ against use of force by ‘A’. Prepare (i) A brief of arguments for A, (ii) A brief of argument for B, (iii) Opinion of the Court. (13/I/7b/25)
