UPSC Mains Law Paper Topic: Treaties : Formation, application,
termination and reservation
- Write short note : Jus cogens. (93/I/8d/20)
- A treaty between United States and Switzerland was signed in 1850 providing for inheritance rights to aliens. The treaty was ratified by the United States only is 1855. The Swiss heirs of a former Swiss who was naturalised in the United State and died in the 1853 sued for inheritance of the property. Decide. (93/I/ 7a/ 30)
- Write short note : Reservation in a treaty. (94/I/8b/20)
- Write short note: Rebus sic Stantibus in the Vienna Convertion 1969 on the Law of Treaties (96/I/8d/20)
- “A provision of treaty may sometime generate a rule of customary international law.” Discuss. (96/I/5a/20)
- Can a state invoke non-compliance with its domestic constitutional law as a ground for invalidating its consent to be bound by a treaty and if so when? (97/I/5d/20)
- “Before a usage may be considered as amounting to a customary rule of international law, the material and psychological aspects involved in the formation of the customary rule must be established.” Discuss. (97/I/5a/20)
- Assume that as part of continuing bilateral treaty making with its neighbours, India agrees to cede certain parts of its territory to Pakistan and to lease certain parts to Bangladesh. How should these agreements be ratified to be binding under international law? (01/I/6b/30)
- The principle ‘Pacta sunt servanda’ has long been recognised as a fundamental principle of International Law, which makes the treaty binding upon the parties to it, and must be performed by them in good faith (Vienna Convention). Explain. (03/I/6a/20)
- Explain ‘Jus cogens’. Examine critically the Articles on ‘Jus cogens’ in the Vienna Convention. (04/I/6b/30)
- Write a critical note on the provisions of the Vienna Convention on the Law of Treaties, relating to the grounds of invalidity, termination and suspension of the operation of treaties. (05/I/6b/30)
- “In the eyes of International Law treaties are meant to be kept. Their obligation is perpetual.” Comment. (06/I/5c/20)
- Explain the doctrine of ‘Pacta sunt servanda’. What are the exceptions to the above doctrine? (07/I/5b/20)
- Write explanatory note : Jus Cogens (07/I/8c/20)
- Explain critically the principle of ‘jus cogens’. Distinguish between ‘Equal Treaties’ and ‘Unequal Treaties’. Give examples and also discuss the salient features of Vienna Convention on the Law of Treaties. (09/I/7b/30)
- A reservation, which purports to exclude or to modify the legal effects of certain provisions of the treaty in their application to that State, is accepted in practice, if it is compatible with object and purpose of the treaty. Discuss the practice of defferent nations and opinion of ICJ regarding admissibility of reservations to the conventions. (Main) Law—Topic Wise Paper 44 (10/I/5d/20)
- “The principle of State being obliged to “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered” is generally bashed aside by the tendencies of the nation-states of being reticence to submit disputes to independent, impartial adjudication, particularly not accepting in advance the compulsory jurisdiction of an independent judicial body.” Explain the statement with reference at least to one such conflict existing in the world and also prepare a module for promoting negotiations among nations, using new opportunities created by globalisation. (11/I/7a/30)
- “Extradition as a rule is effected by bipartite treaty. There is, therefore, no duty to extradite in the absence of a treaty. Further, the extradition treaties normally relate only to serious crimes and impose the same obligation on both the parties concerned.” Give your opinion on the correctness of this statement with reference to the existing position under the International Law. Also critically examine this practice in the light of ever increasing individual movements for trade and service to suggest necessary modifications in law. (11/I/7b/30)
- While conclusion a multilateral treaty, a State can make reservation(s) and the other State(s) may accept or reject such reservation(s) without jeopardizing the object and integrity of the treaty. Discuss the need and relevance of reservations in treaty law in the light of above statement. (13/I/5b/10)
