NLNET Law 058
UGC NET LAW · CODE 058 · UNIT 03

UGC NET Law Unit 3: Public International Law & IHL

Unit 3 covers international law between States and the rules of war. It rewards precise recall: the article of a treaty, the year of a convention or the case that settled a point. These notes follow the ten syllabus topics and add the cases and tables worth memorising.

  • Sources
  • Recognition
  • Refugees
  • Extradition
  • United Nations
  • WTO
  • Geneva Conventions
  • 10 syllabus topics
  • 150+ free MCQs
  • No sign-up
  • Updated 11 October 2026

NET Law 058 is an independent study aid, not affiliated with UGC or NTA. Always check the official UGC NET syllabus and the current bare Acts.

What Unit 3 covers

International law questions are mostly factual. Revise the tables on this page the night before the exam. The official syllabus lists 10 topics for this unit. Each is explained below with the points examiners most often use.

1International law: definition, nature and basis

  • Definition and scope: rules governing relations between States and other international actors.
  • Basis of obligation: natural law, positivist consent theory and the modern view that combines them.
  • Relationship with national law: monism and dualism. India follows a largely dualist approach, so treaties need legislation to become domestic law (Article 253).
  • Subjects of international law: States, international organisations and, to a limited degree, individuals.

2Sources of international law

  • Article 38(1) of the ICJ Statute: treaties, custom, general principles of law, and judicial decisions and writings as subsidiary means.
  • Custom needs state practice and opinio juris (North Sea Continental Shelf cases, 1969).
  • Treaties under the Vienna Convention on the Law of Treaties, 1969. Pacta sunt servanda. Jus cogens in Article 53.
  • Soft law and obligations erga omnes (Barcelona Traction, 1970).

3Recognition of states and governments

  • Montevideo Convention (1933) criteria: permanent population, defined territory, government and capacity to enter relations.
  • Declaratory theory (recognition merely acknowledges statehood) against the constitutive theory (recognition creates it).
  • De facto and de jure recognition. Recognition of governments and the Estrada and Tobar doctrines.
  • Effects of non-recognition and collective recognition by the UN.

4Nationality, immigrants, refugees and internally displaced persons (IDPs)

  • Nationality: acquisition and loss. The genuine link test in Nottebohm (1955).
  • Refugees: 1951 Convention and 1967 Protocol; non-refoulement in Article 33. India is not a party to either instrument.
  • NHRC v. State of Arunachal Pradesh (1996) protected the Chakma refugees under Article 21.
  • IDPs stay within their own country and are guided by the Guiding Principles on Internal Displacement (1998).

5Extradition and asylum

  • Extradition: treaty or reciprocity, double criminality, rule of speciality, and the exclusion of political offences.
  • Human rights bars: no extradition where there is a real risk of torture.
  • India's Extradition Act, 1962.
  • Territorial and diplomatic asylum. The Asylum case (Colombia v. Peru, 1950).

6United Nations and its organs

  • Six principal organs: General Assembly, Security Council, ECOSOC, Trusteeship Council, International Court of Justice and the Secretariat.
  • Security Council: five permanent members with veto (Article 27). Chapter VI covers peaceful settlement, Chapter VII covers enforcement. Article 25 makes its decisions binding.
  • Prohibition of the use of force (Article 2(4)) and self-defence (Article 51).
  • Legal personality of the UN: Reparation for Injuries (1949).

7Settlement of international disputes

  • Peaceful means in Article 33 of the UN Charter: negotiation, enquiry, mediation, conciliation, arbitration and judicial settlement.
  • ICJ: contentious jurisdiction (only States may be parties, Article 34), advisory opinions, and the optional clause under Article 36(2).
  • Permanent Court of Arbitration and the International Tribunal for the Law of the Sea.
  • International Criminal Court (Rome Statute, 1998; in force 2002). India is not a party.

8World Trade Organization (WTO)

  • Established on 1 January 1995, replacing the GATT framework.
  • Core principles: most-favoured-nation (GATT Article I) and national treatment (Article III).
  • Dispute Settlement Understanding, panels and the Appellate Body.
  • Agreements on TRIPS, GATS and agriculture, and the debate on trade and development.

9International humanitarian law: conventions and protocols

  • Four Geneva Conventions of 1949, covering the wounded on land, the wounded at sea, prisoners of war and civilians.
  • Additional Protocols I and II (1977) and Protocol III (2005). Hague law deals with means and methods of warfare.
  • Core principles: distinction, proportionality, military necessity and humanity. The Martens Clause fills gaps.
  • International and non-international armed conflicts, and the status of combatants and prisoners of war.

10Implementation of IHL: challenges

  • Role of the International Committee of the Red Cross and the protecting powers.
  • Universal jurisdiction and war crimes tribunals (Nuremberg, ICTY, ICTR) and the ICC.
  • Challenges: non-state armed groups, cyber operations, autonomous weapons and urban warfare.
  • State responsibility for breaches and the duty to prosecute or extradite grave breaches.

Quick reference tables

Maritime zones under UNCLOS
ZoneBreadth from baseline
Territorial seaUp to 12 nautical miles
Contiguous zoneUp to 24 nautical miles
Exclusive Economic ZoneUp to 200 nautical miles
Continental shelfAt least 200 nautical miles, and more where the shelf extends
Principal organs of the United Nations
OrganSeat or function
General AssemblyAll members; deliberative body
Security CouncilPrimary responsibility for international peace and security
ECOSOCEconomic and social matters
Trusteeship CouncilSuspended operations in 1994
International Court of JusticeThe Hague; principal judicial organ
SecretariatHeaded by the Secretary-General

Landmark cases to revise

S.S. Lotus (France v. Turkey)1927

States may act unless international law prohibits the act.

Corfu Channel (UK v. Albania)1949

Duty to warn of known mines; innocent passage through straits.

Asylum case (Colombia v. Peru)1950

Limits on diplomatic asylum; no unilateral qualification of the offence.

Nottebohm case (Liechtenstein v. Guatemala)1955

Genuine link is needed for diplomatic protection of a naturalised person.

North Sea Continental Shelf cases1969

Custom needs state practice and opinio juris.

Barcelona Traction case1970

Obligations erga omnes are owed to the international community as a whole.

Nicaragua v. United States1986

Customary law on the use of force and non-intervention.

Reparation for Injuries case1949

The UN has international legal personality.

Gabčíkovo–Nagymaros Project1997

Sustainable development and treaty law; a limit on necessity as a defence.

NHRC v. State of Arunachal Pradesh1996

Chakma refugees were entitled to protection under Article 21.

Practise Public International Law & IHL MCQs topic by topic

Beyond the six samples, all 175 questions for this unit are on their own pages, grouped by syllabus topic, with the answer key on the page.

See all 11 topic sets (175 MCQs) →

Try 6 sample questions

Tap “Show answer” after you have tried each one. These come from the 150+ MCQs in this unit.

1Customary international law requires state practice and:

  1. Court judgment
  2. Treaty ratification
  3. Opinio juris
  4. UN resolution
Show answer and explanation

Answer: C. Opinio juris

Opinio juris is the belief that the practice is legally obligatory.

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2The Montevideo Convention (1933) criteria do NOT include:

  1. Defined territory
  2. Recognition by the UN Security Council
  3. Effective government
  4. Permanent population
Show answer and explanation

Answer: B. Recognition by the UN Security Council

UN recognition is not a criterion for statehood.

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3The principle of non-refoulement is found in Article 33 of the:

  1. UDHR
  2. VCLT
  3. Geneva Convention I
  4. 1951 Refugee Convention
Show answer and explanation

Answer: D. 1951 Refugee Convention

It bars returning refugees to territories where they face persecution.

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4India is:

  1. Not a party to the 1951 Refugee Convention
  2. A party to both
  3. A party to its 1967 Protocol only
  4. A party to the 1951 Refugee Convention
Show answer and explanation

Answer: A. Not a party to the 1951 Refugee Convention

India has not signed either instrument.

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5Enforcement action for threats to the peace is in which Chapter of the UN Charter?

  1. Chapter XIV
  2. Chapter XI
  3. Chapter VII
  4. Chapter VI
Show answer and explanation

Answer: C. Chapter VII

Chapter VI covers pacific settlement; Chapter VII covers enforcement.

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6A treaty clause conflicts with a jus cogens norm. Under the VCLT the treaty is:

  1. Suspended
  2. Voidable
  3. Void
  4. Valid
Show answer and explanation

Answer: C. Void

Article 53.

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Practise all 150+ Unit 3 MCQsTake a free mock test

How to study this unit

  • Make a list of every convention with its year (VCLT 1969, Geneva 1949, Rome Statute 1998). Year-recall questions are common.
  • Learn the ICJ cases with the two States and the rule each laid down.
  • Keep India's position handy: not a party to the Refugee Convention, nor to the Rome Statute.

Planning your time? See the UGC NET Law preparation plans for 6 months, 3 months, 1 month or 2 weeks, or check the cut-off trend to set a target score.

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Last updated: . Notes are a revision aid and not legal advice. Spotted a mistake? Write to netlawverse@gmail.com.