PIL EXAM GUIDE
SECTION A
1. DEFINE THE FOLLOWING TERMS IN TERMS OF PUBLIC
INTERNATIONAL LAW (PROPERLY DEFINE THEM INCLUDE ALL THE
STRONG KEY WORDS IN YOUR DEFINITIONS); 1. Aggression 2. War of
aggression 3. Armistice lines 4. Hot pursuit under the law of the sea 5.
Sovereignty 6. Mercenaries
Briefly define aggression interms of public international law dont
forget the strong keywords in your response. JUST DEFINE DONT SAY
ANYTHING ELSE
1. Aggression: In the context of Public International Law, aggression is
defined as the use of armed force by a State against the sovereignty,
territorial integrity, or political independence of another State, or in
any other manner inconsistent with the purposes of the United
Nations. It is considered a violation of international law and is
characterized by acts that threaten international peace and security.
2. War of Aggression: A war of aggression is an armed conflict initiated
by a State against another State without just cause or in violation of
international law. It is deemed a crime against peace and is subject
to prosecution under international law. Such wars undermine the
principles of the United Nations Charter, which emphasizes the
peaceful resolution of disputes and the prohibition of the use of
force.
3. Armistice Lines: Armistice lines are provisional lines drawn
primarily to separate the armed forces of belligerents in an armed
conflict. They do not as such separate territories placed under
the sovereignty of two States Armistice lines refer to the
demarcation lines established between conflicting parties during an
armed conflict, typically as a result of an armistice agreement. These
lines are intended to halt hostilities and provide a framework for the
cessation of military operations. They are recognized under
international law and must be respected by the parties involved to
maintain peace and security.
4. Hot Pursuit under the Law of the Sea: Hot Pursuit is the right of a
coastal State to pursue a foreign vessel that has violated its laws
and regulations within its territorial waters or jurisdiction, onto
the high seas, provided the pursuit commenced immediately after
the offense and has not been interrupted1.Hot pursuit is a legal
doctrine in the Law of the Sea that allows a coastal State to pursue
a foreign vessel that has violated its laws into the waters of another
State. This pursuit must be continuous and uninterrupted, and it is
limited to the enforcement of laws related to customs, fiscal,
immigration, or sanitary regulations.
5. Sovereignty: Sovereignty in public international law refers to
the supreme authority of a state to govern itself,
exercise jurisdiction over its territory, and conduct
its affairs without external interference1. Sovereignty is the principle
of absolute authority and independence of a State over its territory
and the people within it. It encompasses the right to govern without
external interference and to control its domestic and foreign affairs.
Sovereignty is a fundamental tenet of international law, ensuring that
States are equal in their rights and obligations, and it is essential for
the maintenance of international order and peace.
6. Mercenaries: Mercenaries, according to Article 47 of Additional
Protocol I to the Geneva Conventions, are individuals specially
recruited to fight in an armed conflict, motivated primarily by
private gain, not part of the armed forces of a party to the conflict,
and specifically recruited for direct participation in hostilities.
Mercenaries are individuals who are recruited to fight in armed
conflicts for personal gain, typically motivated by financial
compensation rather than loyalty to a State or cause. Under
international law, the use of mercenaries is often condemned, as
they can undermine legitimate military operations and contribute to
violations of human rights. The recruitment, use, financing, and
training of mercenaries are regulated by various international treaties
and conventions to prevent their exploitation in conflicts.
2. WHETHER THE RESOLUTION IS SOFT LAW OF HARD LAW?
• Definition of Soft Law: Soft law refers to guidelines, principles, or
declarations that are not legally binding but influence state behavior
and international relations.
• Nature of the Resolution: The resolution titled "Resolutions
Adopted on the Reports of the Sixth Committee" contains
declarations and principles regarding international law and state
relations.
• Non-Binding Character: The resolutions outlined in the document
do not impose legal obligations on states; they express collective
intentions and recommendations.
• Influence on International Relations: While not legally binding, the
principles articulated in the resolution can guide state conduct and
contribute to the development of customary international law.
• Examples from the Document: The resolution emphasizes
principles such as the duty of states to refrain from the use of force
and to promote friendly relations, which are important for
international peace but do not create enforceable rights or
obligations (see from page 1 to page 4).
• Conclusion: Therefore, the resolution is classified as soft law due
to its non-binding nature and its role in shaping norms and
expectations in international relations.
5. IDENTIFY THE PRINCIPLES ENCAPTURED IN THE RESOLUTION.
LIST THEM THE WAY THE APPEAR IN THE RESOLUTION
SEE PIL NOTEBOOK
4. A REFLECTION OF THE PRINCIPLES IN THE RESOLUTION
(SUMMARISE THEM IN YOUR OWN WORDS)
• Friendly Relations: States should maintain friendly relations and
cooperate with one another, respecting each other's sovereignty and
independence.
• Non-Intervention: No state should interfere in the internal or
external affairs of another state. This includes avoiding military,
political, or economic coercion.
• Use of Force: States must refrain from using or threatening force
against the territorial integrity or political independence of other
states. Any act of aggression is considered a violation of
international law.
• Peaceful Dispute Resolution: States should resolve their disputes
through peaceful means, such as negotiation or arbitration, rather
than through conflict.
• Sovereign Equality: All states are equal in rights and
responsibilities, regardless of their size or power. This principle
ensures that every state has a voice in international matters.
• Self-Determination: Peoples have the right to determine their own
political status and pursue their economic, social, and cultural
development without external interference.
• Cooperation: States should work together to promote international
peace, security, and respect for human rights, fostering a spirit of
collaboration in various fields.
If this resolution is to be given as a text in the Public International Law
Examination what are the possible short questions can be asked. the
questions with their full answers in simple english. The short
questions should all add up to 50 marks. The questions should be;
Explain, list, reflect, identify, mention describe etc...