(a) There may be various reasons for the failure of the Security Council of United Nations in maintaining international peace and order. One of the main reasons is its composition and imbalanced power dynamics. Critically analyse. (20 marks)

(b) Wha

Question

(a) There may be various reasons for the failure of the Security Council of United Nations in maintaining international peace and order. One of the main reasons is its composition and imbalanced power dynamics. Critically analyse. (20 marks)

(b) What is innocent passage on the Law of the Sea? Examine the Indian position on this matter. (15 marks)

(c) Examine the principles of acquisition of territorial sovereignty by newly emerged states. (15 marks)

UPSC Answer Check · Accepted Answer

Begin with a brief introduction acknowledging the interconnected challenges in international law across all three sub-parts. For part (a) carrying 20 marks, allocate approximately 40% of time and words to critically analyse UNSC structural failures with specific reference to Article 23, 27 and the P5 veto power. For part (b) with 15 marks, spend 30% on defining innocent passage under UNCLOS Part II Section 3, then examine India's Territorial Waters Act 1976 and judicial pronouncements. For part (c) with 15 marks, devote remaining 30% to examining uti possidetis juris, effective occupation and self-determination principles with post-colonial and post-Soviet state examples. Conclude by synthesizing how structural inequities in international law affect all three areas.
- Part (a): Critical analysis of Article 23 composition, Article 27 voting procedure, P5 veto abuse in Syria/Ukraine, G4 reform proposals, and Uniting for Peace Resolution 377A as bypass mechanism
- Part (a): Imbalanced power dynamics including underrepresentation of Africa/Asia, regional group inequities, and legitimacy crisis of UNSC decisions
- Part (b): Definition of innocent passage under UNCLOS Article 17-19, conditions of innocence, submarines requirement to navigate on surface, and prohibition of prejudicial activities
- Part (b): Indian position through Territorial Waters, Continental Shelf, Exclusive Economic Zone Act 1976, MV Enrica Lexie incident 2012, and Supreme Court in Union of India v. Republic of Italy (2014)
- Part (c): Uti possidetis juris principle from Frontier Dispute (Burkina Faso/Mali) ICJ 1986, effective occupation criteria from Island of Palmas arbitration, and self-determination limitations
- Part (c): Application to post-colonial states (India-Pakistan boundary), post-Soviet succession, Kosovo advisory opinion 2010, and Bangladesh-India Bay of Bengal maritime boundary arbitration 2014 relevance

Dimension	Weight	Max marks	Excellent	Average	Poor
Provision / section accuracy	20%	10	Precise citation of UN Charter Articles 23, 24, 27 for (a); UNCLOS Articles 17-26, 39 for (b); and Vienna Convention on Succession of States 1978, UNCLOS Article 15 for (c); no conflation of innocent passage with transit passage or archipelagic sea lanes passage	General reference to UN Charter or UNCLOS without specific articles; conflates innocent passage with freedom of navigation; vague mention of uti possidetis without source	Incorrect provisions cited (e.g., Article 51 self-defense for UNSC reform); fundamental misunderstanding of territorial sea regime; confuses state succession with government succession
Case-law citation	20%	10	For (a): Nicaragua v. USA (1986) on judicial vs. Council competence; for (b): Corfu Channel (1949) on innocent passage, MV Enrica Lexie arbitration; for (c): Frontier Dispute (1986), Island of Palmas (1928), Kosovo Advisory Opinion (2010), and Bangladesh-India Maritime Boundary (2014)	Mention of famous cases without relevance to specific issue; e.g., citing Lotus case for territorial sovereignty without connecting to acquisition principles	No case law or incorrect attribution (e.g., citing PCIJ for post-1945 disputes); fabricated case names or confused jurisdictions
Doctrinal analysis	20%	10	For (a): Critical examination of collective security vs. concert system, veto as constitutional vs. political restraint; for (b): Analysis of coastal state vs. flag state rights balance; for (c): Interplay between uti possidetis and self-determination, effectiveness vs. legality debate in territorial acquisition	Descriptive treatment of doctrines without critical tension analysis; e.g., listing veto problems without examining reform feasibility or historical origins in Yalta formula	No doctrinal framework; purely factual description of events; failure to distinguish between customary and treaty-based acquisition methods
Comparative / constitutional angle	20%	10	For (a): Comparison with Uniting for Peace and General Assembly emergency sessions; for (b): Contrast Indian 1976 Act with US Proclamation 5928 and Chinese domestic legislation; for (c): Post-colonial African practice vs. Latin American uti possidetis, and Article 1 of Indian Constitution's territorial integrity clause implications	Superficial comparison (e.g., mentioning only that India follows UNCLOS); no constitutional dimension for Indian position	No comparative element; failure to locate Indian position within broader international practice; ignores constitutional basis of India's territorial claims
Conclusion & application	20%	10	Synthesizes all three parts: structural inequity in UNSC affects law of the sea enforcement and territorial dispute resolution; proposes specific reforms (veto restraint code, expanded membership); connects to India's UNSC permanent membership bid and maritime security interests; forward-looking on climate change impacts on baselines and emerging statehood	Separate conclusions for each part without integration; generic reform suggestions without specificity; no application to contemporary challenges	No conclusion or abrupt ending; purely summary without synthesis; irrelevant personal opinions without legal basis

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