(a) Critically examine the International Law relating to development and use of nuclear weapons with special focus on the Treaty on Prohibition of Nuclear Weapons (TPNW), 2017. (20 marks)

(b) Discuss the different types of 'Asylum' and make a distin

Question

(a) Critically examine the International Law relating to development and use of nuclear weapons with special focus on the Treaty on Prohibition of Nuclear Weapons (TPNW), 2017. (20 marks)

(b) Discuss the different types of 'Asylum' and make a distinction between Territorial and Extraterritorial Asylum. (15 marks)

(c) The simplest and most utilized mode of settlement of international dispute is negotiations, which does not involve a third party, unlike mediation. Discuss which of these modes is best suited for settlement of international disputes. (15 marks)

UPSC Answer Check · Accepted Answer

Nuclear weapons and the TPNW 
International law on nuclear weapons is divided between disarmament norms and security realities. The NPT, 1968, remains the central framework: non-nuclear states forgo acquisition, nuclear states undertake disarmament, and all states may use nuclear energy peacefully. The TPNW, 2017, goes further by creating an absolute prohibition. Article 1 bars developing, testing, producing, acquiring, possessing, using or threatening to use nuclear weapons. Article 4 requires each State Party to eliminate its nuclear weapons through a verified, time-bound plan submitted to the IAEA; Article 6 obliges assistance to victims and remediation of contaminated areas; Article 7 provides cooperation and assistance. Unlike the NPT, the TPNW is not linked to the status of nuclear-weapon states and has not been joined by any nuclear state. India has not participated, arguing that the treaty does not address the security environment, does not engage nuclear-weapon states, and may fragment the NPT-based order. The ICJ Advisory Opinion of 1996 held that the threat or use of nuclear weapons would generally be contrary to the principles of international humanitarian law, but in an extreme circumstance of self-defence where survival of a state is at stake, it could not definitively determine legality. Thus, nuclear weapons remain governed by customary law, the law of armed conflict, and treaty obligations, but no universal prohibition exists. The TPNW strengthens the humanitarian norm and may influence customary law, yet its legal force is limited by the non-participation of nuclear states. Its humanitarian focus is significant because it frames nuclear weapons as incompatible with IHL, but its exclusion of nuclear states means it cannot by itself end arsenals. India’s support for the CTBT and NPT reflects a preference for inclusive, security-sensitive disarmament.

Types of asylum 
Asylum is protection from prosecution or persecution. Territorial asylum is granted within the granting state’s own territory, usually to a person already present, and rests on sovereignty; it is not automatic and must respect extradition and human-rights obligations. It may be denied where the claimant is a war criminal or threat to public order. Extraterritorial asylum is granted outside the state’s territory, such as in embassies, consulates, or warships. Diplomatic asylum is only one form of extraterritorial asylum, as is naval asylum on a warship in a foreign port. The distinction turns on locus and consent: territorial asylum occurs in the state’s sovereign space, while extraterritorial asylum depends on the territorial state’s consent, treaty, or exceptional custom. The ICJ in the Asylum Case, Colombia v. Peru, 1950, treated diplomatic asylum as exceptional and not generally recognized absent treaty.

Negotiation and mediation 
Negotiation is the simplest mode: the disputing states communicate directly, may be bilateral or multilateral, and control the outcome. It may be assisted by technical or facilitative bodies, but no third party formally directs the process. Mediation adds a neutral third party who facilitates dialogue and may propose solutions. The Indus Waters Treaty, 1960, arose from prolonged negotiations, with the World Bank acting as a facilitator, showing that negotiation can be assisted without becoming mediation. The Tashkent Declaration, 1966, after the India-Pakistan war, was mediated by the Soviet Union, showing mediation’s value when parties cannot negotiate directly. Negotiation is best where parties can communicate, want sovereignty over the result, and seek to preserve relations. Mediation is better where urgency, power asymmetry, complexity, or broken trust makes direct talks difficult. Mediation can also help preserve bilateral relations by providing a face-saving third-party channel, but its success depends on the parties’ willingness to accept proposals. On balance, negotiation is the most generally suited mode because it preserves party control and is least intrusive, but mediation is the better choice when direct negotiation is blocked or the dispute is too acute to manage alone.

(a) Critically examine the International Law relating to development and use of nuclear weapons with special focus on the Treaty…

Model answer

What "Critically examine" is asking you to do

Structure that answers it

Where marks are lost

How this answer will be evaluated

Approach

Key points expected

Evaluation rubric

Must cover

Loses marks

Earns more

Extra mark

Must cover

Loses marks

Earns more

Extra mark

Must cover

Loses marks

Earns more

Extra mark

Practice this exact question

More from Law 2025 Paper I