Which of the following statement(s) is/are not correct ?
(a) Decisions or determinations of the organs of International Institution does not find mention in Article-38 of the Statute of the International Court of Justice.
(b) West Rand Central Gold Mining Company Ltd. V. R is related to general principles of law recognised by civilized states.
(c) Frontier Dispute (Barkina Faso Vs Mali) is a case related to International customs as a source of law.
(d) The importance of the works of the jurists has been stressed by Justice Gray in Barcelona Traction Case.
Analysis of Statements on Sources of International Law
This question requires evaluating the accuracy of statements concerning Article 38 of the ICJ Statute and landmark international law cases.
Statement (a): Decisions of International Institutions
Article 38(1) of the ICJ Statute outlines the sources of international law. While it mentions 'judicial decisions' (Article 38(1)(d)), it does not directly list 'decisions or determinations of the organs of International Institution' (referring to non-judicial bodies like UN organs) as primary sources. Therefore, statement (a) is correct.
Statement (b): West Rand Case and General Principles of Law
The West Rand Central Gold Mining Company Ltd. v. R case (1905) dealt with state immunity and territory acquisition. It is not primarily cited as a case illustrating 'general principles of law recognised by civilized states' (Article 38(1)(c)). Thus, statement (b) is incorrect.
Statement (c): Frontier Dispute Case and International Customs
The Frontier Dispute (Burkina Faso v. Mali) case (1986) focused on uti possidetis juris, treaty interpretation, and colonial maps for boundary delimitation. While uti possidetis has aspects of customary law, the case's main contribution was not establishing international customs as a source of law itself. Therefore, statement (c) is incorrect.
Statement (d): Barcelona Traction Case and Jurists' Works
The statement erroneously names 'Justice Gray' in relation to the Barcelona Traction, Light and Power Company, Limited case (Belgium v. Spain, 1970). No Justice Gray was part of the Court for this case. While jurists' works are mentioned as a subsidiary means (Article 38(1)(d)), the factual assertion is incorrect. Hence, statement (d) is incorrect.
Conclusion: Incorrect Statements
Statements (b), (c), and (d) contain inaccuracies regarding the cited cases and their relation to the sources of international law or factual details.
- Statement (a) is correct.
- Statement (b) is incorrect.
- Statement (c) is incorrect.
- Statement (d) is incorrect.
Therefore, the statements that are not correct are (b), (c), and (d).
Important Questions from Public International Law
- "International law is the body of rules and principles of action which are binding upon civilised states in their relations with one another". This definition is attributed to whom of the following?
- Which of the following is a landmark case on the importance of 'nationality'?
- Arrange the following Conventions in the chronological order of their coming into force.
A. The Biological Weapons Convention
B. The Chemical Weapons Convention
C. The Conventional Weapons Convention
D. The Ottawa Convention on Anti-Personnel Mines
Choose the correct answer from the options given below: - Which of the following decisions are related to extradition:
A. Savarkar case
B. Abu Salem case
C. Castioni, re case
D. Meunier, re case
E. Paquete Habana case
Choose the correct answer from the options given below: - Match the LIST-I with LIST-II
LIST-I Maxim LIST-II Meaning A. Erga Omnes I. Relation to all B. Jus Cogens II. Peremptory norm C. Pacta Sunt Servanda III. Agreements are to be respected D. Rebus Sic Stantibus IV. Essential circumstances remain unchanged
Choose the correct answer from the options given below:
