(a) When is an aircraft considered to be 'in flight' for the purposes of the Convention for the Suppression of Unlawful Seizure of Aircraft? Delineate the obligations the said convention imposes on the State parties. (20 marks)

(b) What is the most

Question

(a) When is an aircraft considered to be 'in flight' for the purposes of the Convention for the Suppression of Unlawful Seizure of Aircraft? Delineate the obligations the said convention imposes on the State parties. (20 marks)

(b) What is the most favoured means of decision-making at World Trade Organisation? Under what circumstances can decisions be taken by majority votes? Which decisions require super majority votes? Is there a need to reform the decision-making process? Discuss. (15 marks)

(c) Explain the core principles of International Humanitarian Law (IHL). (15 marks)

UPSC Answer Check · Accepted Answer

The directive 'explain' demands clear exposition with logical reasoning across all three parts. Allocate approximately 40% of time/words to part (a) given its 20 marks, and roughly 30% each to parts (b) and (c). Structure with brief introductions for each sub-part, systematic doctrinal exposition in the body, and synthesizing conclusions that connect to contemporary challenges like aviation security, WTO reform debates, and IHL compliance in asymmetric warfare.
- For (a): Definition of 'in flight' under Article 3 of Hague Convention 1970 (from external doors closed until doors open for disembarkation); obligations including prosecution or extradition (aut dedere aut judicare), establishment of jurisdiction, and cooperation in prevention
- For (a): Distinction from Tokyo Convention 1963 and Montreal Convention 1971; India's implementation via Anti-Hijacking Act 1982 (amended 2016)
- For (b): Consensus as most favoured means under Article IX:1 of WTO Agreement; circumstances for majority voting under Article IX (waivers, accessions, amendments); super-majority requirements for constitutional amendments (Article X)
- For (b): Critique of consensus paralysis in Doha Round; reform proposals including critical mass agreements, weighted voting, and India's stance on special and differential treatment
- For (c): Four core IHL principles—distinction, proportionality, military necessity, and humanity (Martens Clause); sources in Geneva Conventions 1949 and Additional Protocols 1977
- For (c): Application to contemporary contexts: drone warfare, cyber operations, non-state armed groups; India's position on IHL and Additional Protocol I

Dimension	Weight	Max marks	Excellent	Average	Poor
Provision / section accuracy	20%	10	Precisely cites Article 3 of Hague Convention for 'in flight' definition; accurately references Article IX:1, X, and specific paragraphs for WTO voting; correctly identifies Geneva Conventions Common Article 3, Additional Protocol I Article 48-58, and Martens Clause with proper treaty years	Generally identifies correct conventions and broad articles but misses specific provisions or conflates treaty regimes (e.g., confuses Hague with Tokyo Convention)	Incorrect treaty citations, misstates legal definitions, or omits critical provisions like aut dedere aut judicare or consensus requirement
Case-law citation	15%	7.5	Cites relevant ICJ jurisprudence (Nicaragua, Nuclear Weapons, Palestinian Wall) for IHL principles; references WTO panel/Appellate Body reports on consensus practice; mentions Indian judicial precedents on hijacking if available	Mentions generic international tribunal references without specific case names or cites domestic Indian cases without international relevance	No case law citation or cites irrelevant domestic criminal cases without international law connection
Doctrinal analysis	25%	12.5	For (a), analyzes scope of universal jurisdiction vs. territorial jurisdiction; for (b), critically examines consensus as veto power vs. democratic legitimacy; for (c), interrelates IHL principles showing tension between military necessity and humanity	Describes legal rules without analyzing underlying doctrinal tensions; treats each sub-part in isolation without thematic connections	Purely descriptive without any analytical depth; fails to identify contradictions or evolution in legal standards
Comparative / constitutional angle	20%	10	Contrasts Hague with Montreal Convention's broader coverage; compares WTO consensus with UN Security Council voting and IMF weighted voting; examines Article 253 of Indian Constitution for treaty implementation; references India's non-ratification of Additional Protocol I	Mentions India's domestic legislation without constitutional basis; limited comparative scope across international regimes	No Indian constitutional perspective; ignores India's specific treaty positions or domestic implementing laws
Conclusion & application	20%	10	Synthesizes across parts: links hijacking conventions with IHL on civilian aircraft protection; connects WTO decision paralysis to broader multilateral crisis; proposes concrete reforms; applies to contemporary scenarios like Ukraine conflict aviation sanctions or Gaza IHL compliance	Summarizes each part separately without cross-cutting synthesis; generic reform suggestions without specificity	No conclusion or abrupt ending; purely theoretical without contemporary application or policy relevance

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