Solved UPSC Law Papers [2022-2000]

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Doctrine of Eminent Domain [7 Important Question]

QUESTION 1 : GENERAL MEANING & DEFINITION OF EMINENT DOMAIN : Eminent Domain means that (a) power of the state to take, (b) without the owner's consent, and (c) for the public use.“Eminent domain” is thus inherent power of a governmental entity to take privately owned property, especially land and convert it to public use, subject to reasonable compensation for the taking. Nichols in his classic book Eminent Domain defines it (eminent domain) as “the power of sovereign to take property for public use without the owner’s consent”.According to Black's Law Dictionary Eighth Edition the inherent power of the government to take over privately owned property amounts to exercise of power of "eminent domain". QUESTION 2 : EMINENT DOMAIN IN INDIA : Eminent domain is a right inherent in every sovereign to take and appropriate property belonging to citizens for public use. To put it differently, the sovereign is entitled to reassert its dominion over any portion of the soil of the State including private property without its owner's consent provided that such assertion is on account of public exigency and for public good. - Dwarkadas Shrinivas v. Sholapur Spinning and Weaving Co. Ltd., AIR (1954) SC 119, Chiranjit Lal Chowdhuri v. Union of India AIR (1951) SC 41 and Jilubhai Nanbhai Khachar v. State of Gujarat (1995) Supp. (1) SCC 596. QUESTION 3 : 3 ELEMENTS OF EMINENT DOMAIN : First, the taking should be under a valid law. Second, the land owner must be paid just compensation. Third, the acquisition of the property should only be for public purposes. ELEMENT 1 : This valid law in India is generally land acquisition act 1894 or The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [RFCTLARR]. The legislations which provide for compulsory acquisition of private property by the State fall in the category of expropriatory legislation and such legislation must be construed strictly - DLF Qutab Enclave Complex Educational Charitable Trust v. State of Haryana (2003) 5 SCC 622; State of Maharashtra v. B.E. Billimoria (2003) 7 SCC 336 and Dev Sharan v. State of U.P., Civil Appeal No.2334 of 2011 decided on 7.3.2011. [Case laws] ELEMENT 2 : An incidental limitation of power of Eminent domain is that the property shall not be taken without just compensation. The compensation requirement is aimed at restoring the equality which has thus been upset. In Stroud's Judicial Dictionary at page 524 of 4th Edn., Vol. I, it is stated that the compensation must be reasonable and proportionate to the injury caused. It is necessary to note at this stage that the Parliament is aware of the distinction between the words "Market value of the land" and "Compensation". In the Act, the Legislature has chosen to use the word "Compensation" instead of Market value of the land". Compensation is of three kinds - legal or by operation of law, compensation by exception and by reconvention." Additional payment is made which is known as solatium. In Stroud's Judicial Dictionary 4th Edn., Vol. 5, at page 2570, the word "Solatium" has been defined as "Solatium is an expression apt to describe an award of some amount to cover inconvenience and, in a proper case, distress caused by compulsory taking. It is quite inapt to describe an amount awarded for probable loss to which the claimant is entitled." Section 105 of the RFCTLARR Act, 2013 makes the provisions of the determination of the compensation, rehabilitation and resettlement in this Act applicable to cases of land acquisition under the enactments specified in the Fourth Schedule of the Act. Though, in exercise of the power of eminent domain, the Government can acquire the private property for public purpose, it must be remembered that compulsory taking of one's property is a serious matter. If the property belongs to economically disadvantaged segment of the society or people suffering from other handicaps, then the Court is not only entitled but is duty bound to scrutinize the action/decision of the State with greater vigilance, care and circumspection keeping in view the fact that the land owner is likely to become landless and deprived of the only source of his livelihood and/or shelter. ELEMENT 3 : MEANING OF PUBLIC PURPOSE : In Scindia Employees’ Union v. State of Maharashtra (1996) 10 SCC 150 Supreme Court observed: (SCC p. 152, para 4) “4. … The very object of compulsory acquisition is in exercise of the power of eminent domain by the State against the wishes or willingness of the owner or person interested in the land. Therefore, so long as the public purpose subsists the exercise of the power of eminent domain cannot be questioned....” OPPORTUNITY OF BEING HEARD : A public purpose, however, laudable it may be does not entitle the State to invoke the urgency provisions because the same have the effect of depriving the owner of his right to property without being heard. Only in a case of real urgency, the State can invoke the urgency provisions and dispense with the requirement of hearing the land owner or other interested persons.NOT STATIC : In Arnold Rodricks v. State of Maharashtra AIR 1966 SC 1788 this Court held that the phrase “public purpose” has no static connotation…it may change from time to time. It, however, involves in it an element of general interest of the community which should be regarded as a public purpose.DEPENDS ON FACTS AND CIRCUMSTANCES OF THE CASE : State of Bombay v. Bhanji Munji AIR 1955 SC 41, the Constitution Bench stated that the expression “public purpose” must be decided in each case examining closely all the facts and circumstances of the case. Kedar Nath Yadav v. State of West Bengal 2016 SCC OnLine SC 885 : The government’s acquisition of land in singur for the purported use by Tata Motors Limited to construct a car factory, they held, was in violation of the procedural mandates of the Land Acquisition Act, 1894. It was held that there is no public purpose in construction of private car factory.Laxmikant vs The State Of Maharashtra 2022 LiveLaw (SC) 314: The State or its functionaries cannot be directed to acquire the land as the acquisition is on its satisfaction that the land is required for a public purpose. If the State was inactive for long number of years, the Courts would not issue direction for acquisition of land, which is exercise of power of the State to invoke its rights of eminent domain. QUESTION 4 : TWO SCHOOLS OF THOUGHT ON EMINENT DOMAIN : Willis in his well-known work Constitutional Law discusses two viewpoints as to exercise of power of eminent domain. 1. The older and stricter view was that unless the property was dedicated for user by the public at large or a considerable section thereof, it would not be for public use or for public purpose. 2. The modern and more liberal view, however, is that it is not an essential condition of public use that the property should be transferred to public ownership or for public user and it is sufficient that the public derives advantage from the scheme. State’s sovereign power to appropriate private land for public purpose rests upon famous maxims: salus populi est suprema lex (the welfare of the people is supreme) and necessitas publica major est quam private (public necessity is greater than private). QUESTION 5 : LAND ACQUISITION LAWS : Land Acquisition Act of 1894 : made the power of eminent domain, and the nature of ‘public purpose’, a matter solely for executive determination, and, therefore, non-justiciable. 1. Under the 1894 statute there were broadly two forms of recognised expropriation: •One, acquisition for public purpose for governmental use, and •Two, forced transfer of land from private individuals to corporations for the latter’s commercial use. In the case of acquisitions intended to benefit companies, a special procedure was prescribed in Part VII of the Land Acquisition Act, which incorporated additional safeguards to ensure that governments don’t abuse their avowed power of eminent domain. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This Act came into force on 01.01.2014 by repealing the Land Acquisition Act, 1894. The Act inter-alia provided for compensation upto four times the market value in rural areas and twice the market value of land in urban areas; rehabilitation and resettlement benefits not only for land losers but also for livelihood losers. The Act also lays down procedure and manner of rehabilitation and resettlement (R&R;) wherein R&R; is an integral part of the land acquisition plan itself. Chapter-V and VI of the said Act contain detailed provisions for R&R; awards and their implementation. QUESTION 6 : RIGHT TO PROPERTY UNDER CONSTITUTION OF INDIA V. DOCTRINE OF EMINENT DOMAIN : Earlier Right to Property is a Fundamental Right under the list of freedoms = Article 19(1)(f) + Article 31, which provided that state can acquire properties of individual for the public purpose by paying compensation to the landowner, provided such acquisition was backed by suitable legislation.In 1978, Parliament enacted the 44th amendment to the Constitution = deleted Article 19(1)(f) and Article 31, and made the right to property to a mere non-fundamental status. Why ? Government need to carry upon land reforms to set right the inequalities among the farmers.With respect Constitutional right under Article 300-A, Supreme Court of India held in Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chennai (2005) 7 SCC 627,that: " 6. … Having regard to the provisions contained in Article 300A of the Constitution, the State in exercise of its power of "eminent domain" may interfere with the right of property of a person by acquiring the same but the same must be for a public purpose and reasonable compensation therefor must be paid.”The right to property ceased to be a fundamental right by the Constitution (Forty Fourth Amendment) Act, 1978, however, it continued to be a human right (Tukaram Kana Joshi & Ors. v. M.I.D.C. & Ors. (2013) 1 SCC 353) in a welfare State, and a Constitutional right under Article 300A of the Constitution. Article 300 A provides that no person shall be deprived of his property save by authority of law. The State cannot dispossess a citizen of his property except in accordance with the procedure established by law. The obligation to pay compensation, though not expressly included in Article 300A, can be inferred in that Article (K T Plantation Pvt. Ltd. v. State of Karnataka (2011) 9 SCC 1).To forcibly dispossess a person of his private property, without following due process of law, would be violative of a human right, as also the constitutional right under Article 300 A of the Constitution.(D.B.Basnett (D) Thr. Lrs. vs The Collector SC March 2020) QUESTION 7: JUDICIAL REVIEW OF EMINENT DOMAIN : The Supreme Court in Sooraram Reddy v. Collector, Ranga Reddy District , has articulated the following grounds for review of this power: (i) malafide exercise of power; (ii) a public purpose that is only apparently a public purpose but in reality a private purpose or collateral purpose; (iii) an acquisition without following the procedure under the Act; (iv) when the acquisition is unreasonable or irrational; (v) when the acquisition is not a public purpose at all and the fraud on the statute is apparent. MISC : PREVIOUS YEAR UPSC LAW OPTIONAL QUESTION ON EMINENT DOMAIN : UPSC 2021 & 2022 : Not Asked.  UPSC 2020 : Analyse the relevance of doctrine of eminent domain under Constitution of India. Explain the limitations of this doctrine with help of case laws.UPSC 2016 : What do you understand by the term "Eminent Domain"? Discuss its relevance in the present day context.

Exceptions to Section 2 of IPC.

2021 Rajasthan Judiciary Question Paper [Solved]

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Write a note on "Nuclear Proliferation Treaty" [UPSC 2020]

QUESTION | Write notes on the following: Nuclear Non-Proliferation Treaty | Introduction:  The NPT is a landmark international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to further the goal of achieving nuclear disarmament and general and complete disarmament. The Treaty represents the only binding commitment in a multilateral treaty to the goal of disarmament by the nuclear-weapon States.To further the goal of non-proliferation and as a confidence-building measure between States parties, the Treaty establishes a safeguards system under the responsibility of the International Atomic Energy Agency (IAEA).  Three Pillars of NPT : The NPT is a multilateral treaty aimed at limiting the spread of nuclear weapons including three elements: (1) non-proliferation, (2) disarmament, and (3) peaceful use of nuclear energy. These elements constitute a “grand bargain” between the five nuclear weapon states and the non-nuclear weapon states. 1. States without nuclear weapons will not acquire them; 2. States with nuclear weapons will pursue disarmament; 3. All states can access nuclear technology for peaceful purposes, under safeguards. Nuclear & Non-Nuclear Weapon States (Article IX): The Treaty defines nuclear weapon states (NWS) as those that had manufactured and detonated a nuclear explosive device prior to 1 January 1967. All the other states are therefore considered non-nuclear weapon states (NNWS). The five nuclear weapon states are China, France, Russia, the United Kingdom, and the United States. Nonproliferation (Articles I, II, III):  -Nuclear weapon states are not to transfer to any recipient whatsoever nuclear weapons and not to assist, encourage, or induce any NNWS to manufacture or otherwise acquire them.  -Non-nuclear weapons states are not to receive nuclear weapons from any transferor, and are not to manufacture or acquire them. NNWS must accept the International atomic energy Agency safeguards on all nuclear materials on their territories or under their control. (Articles VI): All Parties must pursue negotiations in good faith on effective measures relating to the cessation of the nuclear arms race and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control. Peaceful Use (Article IV): The Treaty does not affect the right of state parties to develop, produce, and use nuclear energy for peaceful purposes, provided such activities are in conformity with Articles I and II. All state parties undertake to facilitate, and have a right to participate, in the exchange of equipment, materials, and scientific and technological information for the peaceful uses of nuclear energy.

Write a short note on Grounds of Intervention [UPSC 2020]

The principle of non intervention is part of customary international law. It also based on the principle of territory sovereignty of States. If force is used in the intervention, it also violates Article 2 (4) of the Charter. Professor briefly list the grounds of intervention. They are as follows: 1. Self-preservation : the supreme interest of the States overrides law. The right of self preservation is more sacred than the duty of respecting the independence off other States. A State has a right to interfere in the internal affairs of another States where the security and immediate interest of the former are compromised. The danger must be direct and immediate, not contingent and remote. Leading case: Caroline deals with the rule of self preservation. The test laid down in this case is “a necessity of self defence, instant, overwhelming and leaving no choice of means and no amount of moment for deliberation. UK failed to prove this test and expressed its regret to the US. 2. Enforcement of Treaty Rights: A state is justified in interfering in the internal affairs of the State if the provisions or any treaty oblige the former state to preserve the independence or neutrality of the latter. 2. Intervention by intervention: Invitation by the lawful government of the States to intervene in its internal affair. Example: India’s intervention in Maldives in 1987. 3. Ground of humanity: Intervention based on humane considerations seems to be legal. It cannot be brought within th eoridnary rules of international law which does not impose an obligation to prevent barbarities in he neighbouring States. Ex: India’s intervention in east Pakistan during Bangladesh liberation war. 4. Protection of persons and property: Protection the persons, property and interest of its nationals may provide justification for intervention. The necessity for protection may arise due to gross injustice or due to injury caused by unfair discrimination. 5. Intervention in civil war: After the establishment of the UN, there is no justification for intervention by individual States in the civil wars of other states. The Charter prohibits the use of use against the territorial integrity or political independence of any States. 6. Collective intervention: Collective intervention is permitted by the Charter of the United Nation i.e. the enforcement action under Chapter VII. These are interventions for checking illegal intervention, intervention against an immoral act, intervention to remove international nuisance and intervention to defend national honour or to protect the interest of the nationals abroad. Other grounds: -Intervention in the protectorate-2Self defence, in case of an armed attacks

Write a short note on International Terrorism [UPSC 2020]

International terrorism is a phenomenon which threatens the people and the government to do an act or to abstain for any act. This intimidation act may be a combination of factors like political, philosophical, ideological, racial, ethnic, religious etc. there is no proper definition of international terrorism but the draft convention of terrorism tries to define terrorism which causes lose of life and severe damages to public and private property. The twin track approach took into account the manifestations of terrorist activities and a general condemnation of terrorism.It is held the UNGA that international terrorism is in contrary to the Principle and Purpose of the United Nations. Also, it threatens international peace and security.There is possible of violation of human rights during counter terrorism measures. So, the relationship between human rights and terrorism must be taken into account.There are many conventions relating to particular category of terrorist activities and there is no comprehensive terrorism treaty in international level. The crime of terrorism creates universal jurisdiction for States to either punish the person or to extradite the alleged offender. It is based on the maxim aut punire; aut dedere.The Declaration on Measures to Eliminate International Terrorism condemned all acts, methods and practice of terrorism as criminal and unjustifiable. States must take steps to stop and eliminate installations of terrorist training camps, launch pads or for any kind of preparation to do terrorist activities. The States must cooperate and exchange information to combat terrorism in all places because terrorist anywhere which cause ripple effect around the world due to its nature to cause fear in people’s heart and mind.The United Nations Global Counter Terrorism Strategy condemned terrorism in all its forms and manifestation as it is one of the most serious threats to international peace and security, international cooperation, to address the root cause of its spread, to prevent and combat terrorism and to respect human rights and rules of law during fight against terrorism.Finally, any counter terrorism measures must be in compliance with the international human rights law, refugee law and international humanitarian law.

Sources of International Environmental law. Role of Soft law. [UPSC 2020]

Evaluate the main sources of International Environmental Law. Explain and discuss in particular the emergence of “Soft Law” and principles of International Environmental Law and how this has influenced the development of this area of International Law. [UPSC 2020 Q.8(b)] International environment law is an international effort of States to act within a framework of sustainable development to combat the environmental crisis. The international environmental law regulates the subjects like ozone layer depletion, conservation of natural resources, preservation of flora and fauna, maintaining the hydrological and ecological cycles. These laws are soft laws that serve to influence and aspire member nations to comply with the standard norms and principles, without compelling their enforcement. This is an outcome of the sovereignty concerns of the nations that make them reluctant in submitting control over their people and their affairs to an external authority. Sources: There is no fixed international authority or organisation to create laws on the subject of the environment. These laws are a contribution of a variety of sources created by different international bodies from time to time. Treaties: Treaties, commonly known as conventions, agreements or protocols are the primary sources of international law. An agreement having a binding effect on its member nations. The evolving environmental concerns have prioritised the use of treaty law amongst the nations. As a result, a plethora of multilateral and bilateral agreements have been entered into by the States. Some of the major treaties are as follows: Vienna Convention, 1985: The UNEP created a global framework on the protection of the ozone layer. It came into effect in 1988 and is now reckoned as the most widely accepted treaty in UN history. The Vienna Convention provides the global framework for managing and controlling anthropogenic activities leading to stratospheric ozone depletion with international cooperation in the scientific assessment and research activities. The Convention outlined the regulation of CFCs in the atmosphere by the process of exchange of information and research outcomes amongst the nations followed by their implementation. Montreal Protocol, 1987: Under the aegis of the Vienna Convention, Montreal Protocol aiming at the monitoring and reducing of the limits of the toxic substances depleting the ozone layer was adopted. It came into effect on 16 September 1987, now celebrated as International day for Ozone Protection. A country can only be a member of the Protocol if it has ratified the Vienna Convention. The Protocol sets binding obligations on the countries to discontinue the use of hazardous ozone threatening substances namely chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), carbon tetrachloride, bromochloromethane, methyl bromide and other halo compounds.  Article 3 of the protocol estimates the levels of production, import and export, consumption and the emission of these substances by the developed and the developing countries. The Protocol inserts special provision with respect to the developing countries in the disguise of Article 5 by providing them with a delay period of ten years to comply with the set standards and deadlines, a consumption limit of 0.3 kg per capita and access to the assistance Fund.  Basel Convention, 1989: The Conference of Plenipotentiaries further adopted eight resolutions associated with subsequent future developments in the Convention. The Convention aims at regulating the movement of hazardous waste from one jurisdiction to another. Its scope precludes waste that is radioactive in nature.  Article 4 of the said Convention binds the parties with certain obligations in relation to export and import, generation, transboundary movement and disposal of hazardous waste. It makes the illegal traffic or transboundary movement of waste without complying with the standard norms provided under Article 9, an offence. The nations are promoted to employ techniques and methods that do not disturb the equilibrium of the environment while handling such waste. The Convention provides for the establishment of an interim fund to serve emergency purposes under Article 14. United Nations Framework Convention on Climate Change, 1992 (UNFCCC): An international level Negotiating Committee was constituted under the UN General Assembly to provide an intergovernmental framework composed of legal instruments and commitments to prevent the negative effect of human-induced activities on the climate. Article 1 of the Convention defines climate change as the disturbance in the composition of the atmosphere as a result of dangerous human activities. The objective of the framework and other associated legal instruments is to limit the emissions of greenhouse gases by the Parties within a time frame to ensure economic progress within a sustainable framework. This is envisaged under Article 2. The Convention, under Article 3, outlines the principles of international cooperation to adopt cost-efficient socio-economic measures and promote a stable economic system to realise the objective of sustainable development. Kyoto Protocol, 1997: The nations eventually realised that the commitments set by the UNFCCC under Article 4 were not adequate enough. Hence, an Ad Hoc Committee was constituted to negotiate on the need to impose more adequate commitments on the nations to manage the greenhouse gas emissions. The final draft of the Protocol was adopted in 1997 in the city of Kyoto, Japan. The framework outlined innovative mechanisms for firm enforcement of the existing commitments of the UNFCCC. The Protocol mandates the measures and policies to be adopted by the nations to achieve the minimum target of emission under Article 2 and 3. It majorly includes promoting the use of alternative forms of energy, phasing out of taxes and subsidies on emission centres and controlling emissions from the sources not falling under the aegis of Montreal Protocol like that from marine and aviation fuels. The nations are required to follow these set policies to combat the adverse effect of anthropogenic activities and quantify the emissions. There is an obligation on the nations to correspond to the levels of emissions set by the Protocol.  Stockholm Declaration, 1972: The United Nations Conference on Environment and Development in its first global conference in Stockholm in 1972 made a declaration (Declaration of the United Nations Conference on the Human Environment), addressing the environmental challenges. It attempted to promote economic growth along with sustainable development of the environment. It also addressed the challenges faced by the developing countries due to lack of food and shelter and the developed countries due to the process of rapid industrialisation. Rio Declaration, 1992: It consolidated the previously laid principles. The Declaration is composed of a preamble and 27 human-oriented principles. It calls for international cooperation to combat poverty and climate change. Principle 2 focuses on the State’s responsibility to prevent the effect of its activities beyond the territories of the State. However, these principles only have persuasive value and  are not obligatory in nature. The growing environmental concerns encountered by the developed and developing nations have resulted in the formulation of global instruments regulating international behaviour. The enforceability of these instruments depends upon the intention of the parties consenting to be bound. Several organisations have efforts over the time to strengthen the environmental principles in form of treaties, making it obligatory for the parties to meet the commitments outlined by the instrument so adopted. These efforts in the form of treaties, conventions and protocols attract a sense of legality making parties responsible for their actions.

17/18 Nov| INTERNATIONAL LAW| 2020 UPSC Law Optional Mains Question

QUESTION| What is the understanding and scope of legal regimes pertaining to International Armed Conflict (IAC) and Non-International Armed Conflict (NIAC) respectively, and what are the thresholds of application of these two regimes ? Importance of this question : 2020 UPSC Law Optional Mains Question QUESTION POSTED ON | 17.11.2021 MODEL ANSWER WILL BE POSTED ON | 18.11.2021 Answers can be written till 18.11.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here ANSWER |Illustrate the impact of International Humanitarian Law on the international refugee crisis. There is not a single definition of armed conflict under international humanitarian law. Instead, international humanitarian law distinguishes between international armed conflicts and armed conflicts ‘not of an international character.’ Pursuant to a widely accepted general definition of the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY), ‘an armed conflict exists whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and organised armed groups or between such groups within a State’. In other words, there is an international armed conflict whenever there is a resort to armed force between states, regardless of the intensity of such force. In contrast, for a non-international armed conflict to exist, two cumulative criteria must be fulfilled. First, there must be ‘protracted armed violence’ in the sense that a certain threshold of armed violence has been reached in terms of intensity. Second, at least one side to the conflict is an organised armed group. The distinction between international and non-international armed conflict is thus based on two factors: 1. The structure and status of the parties involved is different. International armed conflicts involve sovereign states. In contrast, non-international armed conflicts involve states and organised armed groups. 2. The threshold of the intensity of violence is different. The level of violence required to trigger an international armed conflict is significantly lower than that necessary to constitute a non-international armed conflict. The criteria of the threshold of violence and the degree of organisation of the armed group distinguish situations of non-international armed conflicts from situations of internal disturbances, riots, terrorism, or high criminality that are not subject to international humanitarian law. If the threshold or organisation criteria are not fulfilled, the situation does not amount to a non-international armed conflict. Many contemporary armed conflicts appear to not fit well into either one or the other category because they combine elements of traditional non-international armed conflicts within a single state with international interventions to a varying degree and spill over into other states’ territories. Such challenges to contemporary conflict classification relate to the fragmentation of armed conflicts, the relevance of consent, the targeting of non-state armed actors abroad, the use of proxy forces and interventions by foreign forces, including multinational forces. The relationship between international humanitarian law and refugee law is also a two-way cross fertilisation. Impact of IHL on Refugees: Armed conflict and international humanitarian law are of relevance to refugee law and refugee protection in a number of ways. First, to determine who is a refugee. Many asylum seekers are persons fleeing armed conflict and often violations of international humanitarian law. Not every person fleeing an armed conflict automatically falls within the definition of the 1951 Refugee Convention, which lays down a limited list of grounds for persecution. While there may be situations, notably in conflicts with an ethnic dimension, where persons are fleeing because of a fear of persecution based on their “race, religion, nationality or membership of a particular social group”. Recognising that the majority of persons forced to leave their state of nationality today are fleeing the indiscriminate effect of hostilities and the accompanying disorder, including the destruction of homes, food stocks and means of subsistence all are violations of international humanitarian law. But with no specific element of persecution, subsequent regional refugee instruments, such as the 1969 OAU Refugee Convention and the 1984 Cartagena Declaration on Refugees have expanded their definitions to include persons fleeing armed conflict. Moreover, states that are not party to these regional instruments have developed a variety of legislative and administrative measures, such as the notion of “temporary protection” for example, to extend protection to persons fleeing armed conflict. A second point of interface between international humanitarian law and refugee law is in relation to issues of exclusion. Violations of certain provisions of international humanitarian law are war crimes and their commission may exclude a particular individual from entitlement to protection as a refugee. International humanitarian law offers refugees who find themselves in a state experiencing armed conflict a two tiered protection. First, provided that they are not taking a direct part in hostilities, as civilians refugees are entitled to protection from the effects of hostilities. Secondly, in addition to this general protection, international humanitarian law grants refugees additional rights and protections in view of their situation as aliens in the territory of a party to a conflict and their consequent specific vulnerabilities.

15/16 Nov| Very important Law optional mains question

QUESTION | Discuss the rights and obligations of Coastal States and other States in the territorial waters and contiguous zone. Importance of this question : Very important Law Optional mains question QUESTION POSTED ON | 15.11.2021 MODEL ANSWER WILL BE POSTED ON | 16.11.2021 Answers can be written till 16.11.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here  ANSWER | The United Nations Convention on Law of Seas, 1982 laid down the rights and duties of coastal and other States in the territorial waters and continuous zone. They are as follows: 1. Right to make laws to regulate the territorial sea. It can adopt laws to governing innocent passage. 2. It may be related to safety of navigation, protection of navigational aids, cables and pipelines, conservation of living resources of the seas, prevention of illegal fisheries, prevention of fiscal, customs, immigration and health offences, preservation fo coastal environment and marine scientific research. As per Article 22 of the UNCLOS, in the interest of navigational safety of a coastal States many designate sea lanes and prescribe traffic separation schemes, particularly for tankers, nuclear-powered vessels and ships carrying hazardous substances. Under Article 23, the nuclear powered ships and ships carrying nuclear or inherently dangerous or noxious substance shall while exercising the right of innocent passage through the territorial sea must carry documents and observe special precautionary measures established for such ships by international standards. Therefore, exercising right of innocent passage is not innocent per se. The coastal states shall to deny the innocent passage for foreign ships. However, no discrimination are practices between between ships can be made. Also, the coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination. Article 33 of the UNCLOS provides duties and rights in contiguous zone: The zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: (a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; (b) punish infringement of the above laws and regulations committed within its territory or territorial sea.