CLAT 2024 Passage 7 by Career Leaders | Dec 7, 2023 | 0 comments The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem-solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly “moral” in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging “international community,” questioned the prevailing contractual models of international law and emphasised the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states’ freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed-and what we are likely to see-is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules. [The extract is part of the article “The Decay of Consent: International Law in an Age of Global Public Goods” by Krisch N, in the American Journal of International Law]. 1. Abstract refers to the principle of ‘non-intervention’. Which of the following statements is not true with respect to the principle of ‘non-intervention’ enshrined in Article 2(7) of the UN Charter: The principle of non-intervention shall not prejudice the application of enforcement measures under Chapter-VII of UN Charter. As per the wordings of Article 2(7) of the UN Charter, the obligation with respect to ‘non-intervention’ under this provision applies to both the United Nations and its members. The United Nations shall not require the Members to submit such matters which are essentially within the domestic jurisdiction to settlement under the present Charter. The United Nations should not intervene in matters which are essentially within the domestic jurisdiction of any state. None 2. Extract refers to several institutions with law-making power. Security Council may be one such institution. Which of the following statements is not true with respect to the Security Council? Decisions of the Security Council on procedural shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members, provided that, in decisions under Chapter VI and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting. Each member of the Security Council shall have one vote. None 3. Extract refers to ‘norms and processes reflecting community values’. In this context, Jus cogens norms serve to protect the fundamental values of the international community. Which of the following is not true with respect to jus cogens? States are bound by Peremptory norms of general international law (Jus Cogens) only when they have given express consent to it in writing. It is a norm accepted and recognised by the international community of States as a whole as a norm from which no derogation is permitted. It can be modified only by a subsequent norm of general international law having the same character. A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law (Jus Cogens). None 4. Article 25 of the UN Charter states, ‘The Members of the United Nations agree to accept and carry out the decisions of the _______ in accordance with the present Charter.’ Which of the following organ(s) of the United Nations is/are being referred to in Article 25: Security Council International Court of Justice Security Council and General Assembly Security Council and International Court of Justice None 5. Which of the following statements is not true with respect to ‘customary international law’? In the North Sea Continental Shelf cases, 1969, ICJ remarked that state practice had to be ‘both extensive and virtually uniform in the sense of the provision invoked’. In the Nicaragua v. United States case, 1986, ICJ said that it was not necessary that the practice in question had to be ‘in absolutely rigorous conformity’ with the purported customary rule. In the Asylum case 1950, ICJ declared that a customary rule must be ‘in accordance with a constant and uniform usage practiced by the States in question’. In the Right of Passage over Indian Territory case, 1960, ICJ denied the existence of local custom between the two states. None Submit a Comment Cancel replyYour email address will not be published. Required fields are marked *Comment * Name * Email * Website Save my name, email, and website in this browser for the next time I comment.
