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Law Optional writing practise solution

12/13 Nov| INTERNATIONAL LAW| Very important Law optional mains question

QUESTION| Explain the role of arbitration for peaceful settlement of international disputes. Importance of this question : Very important Law Optional mains question QUESTION POSTED ON | 12.11.2021 MODEL ANSWER WILL BE POSTED ON | 13.11.2021 Answers can be written till 13.11.2021. 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 | Arbitration is one of the mode of peaceful settlement of international disputes recognised under the Article 33 of the Charter of the United Nations, 1945. The International Law Commission defined arbitration as a procedure for the settlement of disputes between States by a binding award not he basis of law and as result of an understanding voluntarily accepted. The fact that each state is the exclusive judge in its own suit is persistence as much stronger in arbitration than in the judicial settlement. The essential feature of arbitration is the binding nature of the award because States has duty to abide by it. Arbitral body is consist of arbitrators. It is either permanent or ad hoc. Normally, states agree to settle their disputes between them by resorting to the International Court of Justice or to Arbitration, if other non-judicial modes of dispute settlements fails. Ex- Vienna Convention on Consular Law, 1963. The Permanent Court of Arbitration is the main focal point of international arbitration between States. This PCA is not a deciding forum but provides a list of names, out of which the parties in each case could selected and constitute the Tribunal. In arbitration, the parties are given the freedom to choose the applicable law and other procedures applicable in that case. Thus, it provides efficiency, effectiveness, cost benefit and specialised experts to decide the dispute at hand.

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12/13 Nov|Question from CrPC

QUESTION |Explain section 173 Crpc with relevant cases. Importance of this question : Question on CrPC QUESTION POSTED ON | 12.11.2021 MODEL ANSWER WILL BE POSTED ON | 13.11.2021 Answers can be written till 13.11.2021. 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 Join our telegram group | Exclusive group for Judicial Service Preparation For UPSC Law Optional Mains Courses click here Answer | SECTION 173 | REPORT OF POLICE OFFICER ON COMPLETION OF INVESTIGATION Section 173 deals with the report of police officer on completion of investigation. This would be “final” or “last report” or “Completion Report” which should be submitted “as soon as” the police investigation is completed. SCOPE OF SECTION 173 This section is applicable to both investigation of cognizable case as well as to non-cognizable case. Until filing of report, the investigation is said to be pending. This section commands investigating authority to complete the investigation expeditiously without unnecessary delay and after completion, police report (in the form prescribed by state government) shall be forwarded to magistrate, who is empowered to take cognizance of offence. [ Sidhartha Vashisht v State (NCT of Delhi), AIR 2010 SC 2352 ] Magistrate cannot compel the police officer to submit the charge-sheet. [ Abhinandan Jha v. Dinesh Mishra, AIR 1968 SC 117]Once the investigating agency completes their function of investigating into the offences it is the Court in which the charge-sheet is filed which is to deal with all matters relating to the trial of the accused including matters falling within the scope of section 173(8) of the Code.[ Narmada Bai v State of Gujarat, 2011 Cr LJ 2651 (2666)] Police report under Section 173 contains facts and conclusions drawn by investigating officer. Magistrate is not bound by the conclusions drawn by investigating officer. In case final report is filed the court should scrutinize the final report and take a decision either to accept or reject it.[ Sampat Singh v. State of Haryana, (1993) 1SCC 561]Once a charge-sheet is filed under section 173(2), Code of Criminal Procedure, 1973 and either charge is framed or the accused are discharged, the Magistrate may, on the basis of a protest petition, take cognizance of the offence complained of or on the application made by the Investigating Authorities permit further investigation under section 173(8). The Magistrate cannot suo motu direct a further investigation under section 173(8), Code of Criminal Procedure, 1973 or direct a re-investigation into a case on account of the bar of section 167(2) of the Code.[ Reeta Nag v State of WB, 2010 Cr LJ 2245 (2249) (SC)]The Magistrate may decide to take cognizance and issue process even if police has recommended that there is no sufficient ground to proceed. If the Magistrate decides to drop the proceedings on filing of final report then he sends a notice to the informant. A protest petition can be filed by informant.[ Bhagwant Singh v.Commissioner of Police,(1985) 2 SCC 537]The taking of cognizance by the court on basis of a police report is a judicial discretion, and when the complainant raises objection to the acceptance of police report, and if the court the overrules such objections, then it has to record the reason for the same. Else it would be aside[ Rupan Deol Bajaj v KPS Gill, AIR 1996 SC 309 ]. Once a Report under section 173(2) of the Code has been filed, it can only be cancelled, proceeded further or the case may be closed by the Court of competent jurisdiction and that too in accordance with law. Neither the Police nor a specialised investigating agency has any right to cancel the said Report. Section 173 (1) provides that every investigation must be completed without unnecessary delay. Inordinate delay in submitting final report may lead to the grievance that investigation is carried on unfairly or with any ulterior motive.[ Kapur RP v State of Punjab, AIR 1960 SC 866 ] Section 173 (1-A) (inserted by Cr. P.C. (Amendment) Act, 2008) provides that investigation in relation to rape of child may be completed within 2 months from the date on which First Information Report was recorded. Section 173(2) provides that police report is forwarded to the Magistrate who is empowered to take cognizance of the offence, by the officer-in-charge of a police station. A police report must state the following particulars: (1) Name of the parties (1) Nature of information (11) Names of the persons acquainted with the circumstances of the case. (iv) Whether any offence appears to have been committed and if so, by whom. (v) Whether the accused has been arrested. (vi) Whether the accused has been released on his bond & if so whether with or without sureties. (vii) Whether he has been forwarded in custody under Section 170 (viii) In case of offence under Section 376, 376-A-D of Indian Penal Code, whether medical report of the woman has been attached. The officer-in-charge of police station should also communicate the action taken by him to the person by whom the information was first given. The Magistrate is competent to direct further investigation even after taking cognizance of offence on the basis of police report under section 173(2).[ Shaji Raghavan Pillai v State of Kerala, 2004 Cr LJ 187 (Ker)] Where a superior police officer is appointed under Section 158 the report shall be submitted through that officer (if the State Government so directs) and pending the order of the Magistrate, such superior officer may direct the officer-in-charge of police station to make further investigation.The magistrate should in all cases scrutinize the facts given in the final report carefully and read the police diary etc, and if it appears to him that there is scope for further investigation he may decline to accept the final report and direct the police to make further investigation under section 156(3) but he cannot impinge upon the jurisdiction of the police by compelling them to change their opinion and to submit a charge-sheet so as to accord with his opinion.[ Abhinandan Jha v Dinesh Mishra, AIR 1968 SC 117] Section 173 (5) the police officer is under a duty to forward to Magistrate along with his report: (1) all documents and relevant extracts. (2) the statements recorded under Section 161. If police officer investigating the case finds in convenient to do so he may furnish to the accused copies of all any of the documents. FURTHER INVESTIGATION Section 173(8) permits further investigation by the investigation officer. Even without the order of Magistrate investigating officer is free to conduct further investigation. Such investigation can be con ducted even if police report is submitted under Section 173(2). Neither the prosecution nor the informant can claim as a matter of right a direction for further investigation. Satish Kumar Nyalchand Shah v. State of Gujarat, AIR 2020 SC : The Supreme Court has reiterated that, court is not obliged to hear the accused before any direction for further investigation is made under Section 173(8) of the Code. The submission of report under Section 173 (2) does not preclude further investigation under Section 173(8).[ Dinesh Dalmia v. CBI, (2007) 8 SCC 413] Can a magistrate order investigation by any different agency like CBI? In Chandra Babu v. State (2015) 8 SCC 774, it was held that superior courts have been empowered to order investigation by any other agency or can transfer investigation from one agency to another, but magistrate has no such powers.

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10/11 Nov| Question on Criminal Procedure Code

QUESTION | Write a note on section 53 Cr. P.C and why can an arrested person not resist again Importance of this question : Question on Criminal Procedure Code QUESTION POSTED ON | 10.11.2021 MODEL ANSWER WILL BE POSTED ON | 11.11.2021 Answers can be written till 11.11.2021. 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 Join our telegram group | Exclusive group for Judicial Service Preparation For UPSC Law Optional Mains Courses click here ANSWER | If any person offers resistance to his production before a registered medical practitioner or on his production before such practitioner, offers resistance to the examination of his body or to the collection of his blood, the section also empowers the use of all means reasonably necessary to secure the production of such person or the examination of his body or the collection, of blood necessary for the test. Resistance to production before a registered medical practitioner or to the examination of the body or to the collection of blood is deemed to be an offence under Section 186 of the Indian Penal Code.

Law Optional writing practise solution

10/11 Nov| INTERNATIONAL LAW| Very important Law optional mains question

QUESTION | Explain the State practices relating to observing International law within the Municipal law. Importance of this question : Very important Law Optional mains question QUESTION POSTED ON | 10.11.2021 MODEL ANSWER WILL BE POSTED ON | 11.11.2021 Answers can be written till 11.11.2021. 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 | State Practice is fundamental to the formation of a custom but what amounts to a state practice and what constitute a States practice may cover every activities of the States organ or officials in an international context. It may includes Treaties, diplomatic correspondence and relations, opinion of national legal advisors, national legislation, policy statements , press releases, official manuals on legal questions, executive decisions and practices, decisions of international and national courts and practices of the international organisations. Mutual relations among States: Practice of states with other nations through its interactions constitutes evidences of practice of states followed in the sphere of international relations. Uniform practice among nations on a particular aspect leads to the formation of a customary rule. Rules also be evolved as a result of positive statements, interaction of the rival claims, acquiescence or intolerance of claims. The development of law of seas is an example for interaction of rival claims, compromise and mutual tolerance. Right of passage over Indian Territory (India v. Portugal): Portugal claimed its right of passage on the Treaty of 1779 concluded between Portugal and Maratha Rulers. This right of passage granted in favour of Portugal was subsequently allowed by the British government as the sovereign of that part of the country which was with the Marathas. This right was confined to private persons, ciivil officials and goods in general to the extend necessary to exercise sovereignty by Portugal over these enclaves, but armed forces did not enjoy these rights. For the special permission was sought and granted by the British authorities. After independence, India also allowed this right. The court ruled that India didn’t act contrary to its international obligations and the rights were suspended during 1954 because of the repercussion created by the events and tensions in Dadra in border territory of India. The Court also decided that Portugal was not entitled to send its armed forces through the Indian territory. In the case of NorthSea Continental Shelf Case, the ICJ held that the passage of only a short period of time, it is not necessarily, a bar to the formation of a new rule of customary international law. It is indispensable requirement would be that within the period in question, short though it might be state practice including that of states whose interest are specially affected should have been both extensive and virtually uniform and should have occurred in such a way as to show a general recognition that a rule of law or legal obligation is involved.

Daily Free writing practice for Judicial Service Exams

08/09 Nov| Question on Criminal Procedure Code

QUESTION | Write a note on section 53 Cr. P.C and why can an arrested person not resist again Importance of this question : Question on Criminal Procedure Code QUESTION POSTED ON | 08.11.2021 MODEL ANSWER WILL BE POSTED ON | 09.11.2021 Answers can be written till 09.11.2021. 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 Join our telegram group | Exclusive group for Judicial Service Preparation For UPSC Law Optional Mains Courses click here ANSWER | Section 53 deals with examination of accused by a medical practitioner at the request of the police office.[ Pragya Singh Thakur v State of Maharashtra, 2010 Cr LJ 3267 (3280) (Bom)].] (1) a request is made by a police officer not below the rank of sub-inspector, (2) upon reasonable grounds which such officer bona fide entertains, (3) that an examination of the arrested person by a medical practitioner will afford evidence as to the commission of the offence. SCOPE OF SECTION 53. 1.Medical examination of the accused is done, a)a police officer not below the rank of sub-inspector has made a request b)This is made on reasonable grounds in a bona fide manner c) if from the nature of the alleged offence or from the circumstances under which it was alleged to have been committed, there is reasonable ground for believing that such an examination will afford evidence. 2.A medical examination of an arrested person can be directed during the course of an investigation, either at the instance of the investigating officer or the arrested person. It is also within the powers of a Court to direct such a medical examination on its own. Such an examination can also be directed in respect of a person who has been released from custody on bail as well as a person who has been granted anticipatory bail. 3.The expression “examination of his person” cannot be confined only to external examination of the body. Many times it becomes necessary to make examination of some organs inside the body. [ Anil Anantrao Lokhande v State of Maharashtra, 1981 Cr LJ 125 Bom] 4.Furthermore, section 53 of the Code contemplates the use of “force as is reasonably necessary” for conducting a medical examination. Therefore, whatever discomfort that may be caused when samples of blood and semen are taken from an arrested person, it is justified by the provisions of Sections 53 and 54, CrPC.( Ananth Kumar Naik v. State of Andhra Pradesh, 1977 Cri L J 1797 (A.P.)] 5.Selvi & Ors vs State Of Karnataka AIR 2010 SC 1974 ·Once a Court has directed the medical examination of a particular person, it is within the powers of the investigators and the examiners to resort to a reasonable degree of physical force for conducting the same. ·DNA profiling technique has been expressly included among the various forms of medical examination in the amended explanation to sections 53, 53A and 54 of the Code of Criminal Procedure, 1973.

Law Optional writing practise solution

08/09 Nov| INTERNATIONAL LAW| Very important Law optional mains question

QUESTION| Do you agree with the view that International law is merely a positive morality? Discuss the nature and scope of International law. Importance of this question : Very important Law Optional mains question QUESTION POSTED ON | 08.11.2021 MODEL ANSWER WILL BE POSTED ON |09.11.2021 Answers can be written till 09.11.2021 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 ANSWER | Oppenheimer definition of international law: Law of nations or international law is the name for the body of customary and conventional rules which are considered binding by civilised States in their intercourse with each other. It is the body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe and therefore do commonly observe in their relations with each other and which includes also: 1. International institutions 2. Individuals 2. Non states entities. Thus the definition of stark is wider in scope. The main aim of international law is to evolve an ordered rather a just system to regulate international relations. To ensure justice is done between States objectively. It is observed that States do not deny the international law as such but challenges rules of international law accordingly to their national interest. For example, India invaded Goa under Article 1 (2) of the Charter, even though use of force is prohibited under 2 (4). Therefore, international law governing their relations inter se and ipso facto binding upon them, it would be pedantic not to consider such a body of rules as “true law”. Generally, international law was termed as weak law, not a true law, law improperly so called, positive international morality, vanishing point of jurisprudence based on its weakness alone. They critic failed to see its potentials ans huge benefits it can bring to the international community. The critics claimed due to the lack of legislative body, hierarchy of courts, absence of proper legal system etc. particular, Austin described international law as a positive international morality which consist of opinions or sentiments current among nations generally. Moreover, the 1945 UN formation and the independence of States i.e. birth of new states in international law had revolutionised the whole idea of colonised international law to accommodate the idea of emerging countries who favoured human rights, sovereign equality of states, friendly relations etc. thus, international law has experience paradigm shift during the 1945-1970s.

Law Optional writing practise solution

06/07 Nov| INTERNATIONAL LAW| Very important Law optional mains question

QUESTION| “Asylum ends where extradition begins.” Comment. Distinguish between territorial asylum and extra-territorial asylum. Importance of this question : Very important Law Optional mains question QUESTION POSTED ON | 06.11.2021 MODEL ANSWER WILL BE POSTED ON |07.11.2021 Answers can be written till 07.11.2021 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|Starke has affirmed that asylum stops where extradition begins. Extradition and Asylum are political acts of States and it differs from state to state depending upon treaties, internal and external policies, and this interdependence makes it suitable to consider the two subjects together. Extradition is where offenders are returned to the place of nationality or place of crime committed. On the other hand, asylum is giving safe place for the person who are prosecuted in their home country. Thus, where asylum is provided by the country, it is fundamentally not possible to extradite the person. So, it is true where asylum ends extraditions begins and vice versa. Territorial asylum: States have an inherent right as an attribute of their sovereignty to grant asylum in its territory. The territorial asylum is classified into (1) political asylum, (2) refugee asylum and (3) general asylum. Extra territorial asylum: the granting of asylum by the state not on tits territory but on its notional territory. The grant of such asylum is not inherent and its extent and scope is not well defined under international law. Asylum in legation: Modern international law recognises no general right of a head of mission to grant asylum in the premises of the legation. Such grant seems rather prohibited by international law where its effect would be exempt the fugitive from the regular application of the laws and administration of justice by the territorial state. This aspect is discussed in the asylum case. However, it was held in the case that diplomatic asylum was not granted generally but occasionally and irregularly. Three important feature of diplomatic asylum can be seen. They are (1) Diplomatic asylum is granted temporarily, (2) if local custom is proved, then it is permissible to grant diplomatic asylum and (3) special treaty can create a right of diplomatic asylum. Other forms: 1. Asylum in consulates: 2. International Institution: 3. Asylum in warship, 4. Asylum in merchant vessels. Merchant vessels are not exempted from the local jurisdiction, and therefore cannot grant asylum to local offender.

Law Optional writing practise solution

04/05 Nov.| INTERNATIONAL LAW| Important law optional mains question

QUESTION| In resolution 67/19, the United Nations General Assembly decides to accord to Palestine, a non-member observer state status in the United Nations. Explain the importance of the resolution while determining the Statehood of Palestine. Analyse your arguments in the light of various theories of recognition. Importance of this question : Important Law Optional mains question QUESTION POSTED ON | 03.11.2021 MODEL ANSWER WILL BE POSTED ON |04.11.2021 Answers can be written till 04.11.2021 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 hereANSWER | The resolution principally deals with the call for independence and statehood for Palestine. Totally, 132 states have recognised Palestine as a State. This resolution talks about: 1. The right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967. 2. To accord to Palestine non-member observer State status in the United Nations without affecting the Palestine liberation organisations rights, privileges etc. 3. Hoping that the Security Council will consider favourably the application submitted on 23 September 2011 by the State of Palestine for admission to full membership in the United Nations;7 4. Affirms its determination to contribute to the achievement of the inalienable rights of the Palestinian people. The vision of two States that is an independent, sovereign, democratic, contiguous and viable State of Palestine living side by side in peace and security with Israel on the basis of the pre-1967 borders; 5. The urgent need for the resumption and acceleration of negotiations within the Middle East peace process based on the relevant United Nations resolutions, the terms of reference of the Madrid Conference, including the principle of land for peace, the Arab Peace Initiative and the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict for the achievement of a just, lasting and comprehensive peace settlement and resolves all outstanding core issues like the Palestine refugees, Jerusalem, settlements, borders, security and water. 6. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination, independence and freedom; 7. The Secretary-General to take the necessary measures to implement the present resolution and to report to the General Assembly within three months on progress made in this regard. There are two theories of recognition of states. They are (1) constitutive theory and (2) declaratory theory. As per constitutive theory, the States emerges as States only after it gets recognition from other States. Under declaratory theory, the new state exist independent of recognition. The recognition is merely an evidence of the fact that the new entity fulfils the essentials of statehood. Thus, the question of Palestine statehood is in between the two theories.

Law Optional writing practise solution

02 /03 NOV | Important Law optional mains question

QUESTION| Discuss the status of individual in International Law especially with reference to human rights treaties. Importance of this question : Important Law Optional mains question QUESTION POSTED ON | 02.11.2021 MODEL ANSWER WILL BE POSTED ON |03.11.2021 Answers can be written till 03.11.2021 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 | In classical international law, individuals were considered as object of international law. However, with the emergence of modern international law, individuals are considered as subjects. Being a subject of international law creates rights and duties on the individuals and not through States. Thus, individuals are protected by the international legal regime. The phrase ‘people of the UN’ gave emphasis to all the people of the world as one human family. Also, the golden thread which runs through out the UN Charter gives importance for the protection and promotion of human rights. This human right is enjoyed and cherished by the individuals. Individuals is the pivot on which international peace, development and cooperation depends. Telson said that the duties of States are ultimately the duties of the individuals. To note, the procedure capacity of the individuals to enforce international rights is grossly inadequate. In most cases, States claims on behalf of their individuals as paren Patriae. Thus, as long as international community composed of States, it is only through the exercise of their will alone rights and duties are conferred to individuals. Starke defined subjects of international law with three attributes: Incumbent of rights and duties Holder of procedural capacity for enforcing a claim before an international tribunal Possessor of interest for which provisions is made by international law There are 8 core international human rights treaty laws and three important regional human rights treaty framework to protect human rights. Some of them are (1) Universal Declaration of Human Rights, 1945, (2) international Covenant on Civil and Political Rights, 1966, (3) International Covenant on economic, Social and Cultural Rights, 1966,(4) Inter-American Convention on Human Rights, 1969 etc. Also, individuals acquired rights under the treaty, if intended by the parties. In the case of dancing railways officials case, the Poland had acquired under an international agreement, Danzing Railway Co. in that agreement, Poland had agreed to provide certain facilities to the railway officials. Subsequently, Poland refused to provide those facilities. Poland argued that the agreement was in the form of an International agreement created rights and duties to States alone and not to the individuals. Duties of the individuals: Individuals should not commit crimes against peace and humanity, War crimes, Genocide, hijacking, taking hostages etc which are heinous crime in international law. Thus individuals are subject of international law as they have rights, duties and limited procedural capacity in the international plane, even though their capacity is less than that of states. Article 34 of the ICJ should be amended in order that individuals may have access to the ICJ.

Law Optional writing practise solution

31 Oct/01 Nov | Important Law optional mains question

QUESTION| What are the parameters of contentious jurisdiction exercisable by the International Court of Justice ? Importance of this question : Important Law Optional mains question QUESTION POSTED ON | 31.10.2021 MODEL ANSWER WILL BE POSTED ON |01.11.2021 Answers can be written till 01.11.2021 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 | Only States can be parties to contentious cases. The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways: 1. by entering into a special agreement to submit the dispute to the Court. 2. by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing a provision whereby, in the event of a dispute of a given type or disagreement over the interpretation or application of the treaty, one of them may refer the dispute to the Court. 3. through the reciprocal effect of declarations made by them under the Statute, whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration. A number of these declarations, which must be deposited with the United Nations Secretary-General, contain reservations excluding certain categories of dispute. Proceedings may be instituted in one of two ways: • Through the notification of a special agreement: A special agreement must indicate the subject of the dispute and the parties thereto. Ex: Benin/Niger. • By means of an application: the application, which is unilateral in character, is submitted by an applicant State against a respondent State. It is intended for communication to the latter State. In addition to the name of the party against which the claim is brought and the subject of the dispute, facts and grounds of claim, the applicant State must, as far as possible, indicate briefly on what basis it claims that the Court has jurisdiction. Ex: Nicaragua v. Colombia. The date of the institution of proceedings, which is that of the receipt by the Registrar of the special agreement or application, marks the opening of proceedings before the Court. Contentious proceedings include a written phase, in which the parties file and exchange pleadings containing a detailed statement of the points of fact and of law on which each party relies, and an oral phase consisting of public hearings at which agents and counsel address the Court. As the Court has two official languages (English and French), everything written or said in one language is translated into the other. After the oral proceedings the Court deliberates in camera and then delivers its judgment at a public sitting. The judgment is final, binding on the parties to a case and without appeal (at the most it may be subject to interpretation or, upon the discovery of a new fact, revision). Any judge wishing to do so may append an opinion to the judgment. The procedure described above is the normal procedure. However, the course of the proceedings may be modified by incidental proceedings. The most common incidental proceedings are preliminary objections, which are raised to challenge the competence of the Court to decide on the merits of the case (the respondent State may contend, for example, that the Court lacks jurisdiction or that the application is inadmissible). The matter is one for the Court itself to decide. Then there are provisional measures, interim measures which can be requested by the applicant State if it considers that the rights that form the subject of its application are in immediate danger. A third possibility is that a State may request permission to intervene in a dispute involving other States if it considers that it has an interest of a legal nature in the case, which might be affected by the decision made. The Statute also makes provision for instances when a respondent State fails to appear before the Court, either because it totally rejects the Court’s jurisdiction or for any other reason. Failure by one party to appear does not prevent the proceedings from taking their course, although the Court must first satisfy itself that it has jurisdiction. Finally, should the Court find that parties to separate proceedings are submitting the same arguments and submissions against a common opponent in relation to the same issue, it may order the proceedings to be joined.