Tuesday, 17 March 2015

POLITICAL SCIENCE IV, IMPORTANT QUESTIONS, BLS LLB SEM IV



QUESTIONS FOR 12 MARKS
IMPORTANT QUESTIONS

1) THE INTERNATIONAL COURT OF JUSTICE (ICJ)
Composition of the court –
The international court of justice (ICJ) is governed by Article 92 and 96 of the UN charter and the statue of (ICJ) which is the integral part of the UN charter. All the members of the UN are automatically parties of the statue. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.
Functions of international court of justice –
The International Court of Justice (ICJ) is the primary judicial branch of the United Nations. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly. The court hears only those cases where the parties to the dispute are those sovereign  state who have accepted the statue of the court. There is no provision for automatic reference of the case or dispute to the court. However, the charter only says that as a matter of general rule the member states should refer their legal dispute to the International Court of Justice (ICJ) (Article 36). But this does not apply that the parties cannot resort to any other judicial procedure.
Power of the court –
The international court of justice (ICJ) is governed by Article 92 and 96 of the UN charter and the statue of (ICJ) which is the integral part of the UN charter. As the principal judicial organ of the Un it is the primary  responsibility of the court to decide cases brought before to it by the state as well as to give advisory opinion to legal question referred to it. The court hears only those cases where the parties to the dispute are those sovereign  state who have accepted the statue of the court. There is no provision for automatic reference of the case or dispute to the court. However, the charter only says that as a matter of general rule the member states should refer their legal dispute to the International Court of Justice (ICJ) (Article 36). But this does not apply that the parties cannot resort to any other judicial procedure.




2) THE MAIN OBJECTIVES AND PORPUSE OF THE U.N –
Objectives of U.N –
The object of the united nations are set forth in the preamble. The preamble states that “ we the people of the United Nations” are determine to do the following :
WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
  • to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
  • to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
  • to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
  • to promote social progress and better standards of life in larger freedom,
  • to practice tolerance and live together in peace with one another as good neighbours, and
  • to unite our strength to maintain international peace and security, and
  • to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
  • to employ international machinery for the promotion of the economic and social advancement of all peoples.

The Purposes of the United Nations are:

  1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
  2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
  3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
  4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.



3) ILO – INTERNATIONAL LABOUR ORGANISATION (WHAT ARE THE FUNCTIONS OF ILO) –
                  International Labour Organization was formed at the Paris Peace Conference in 1919. Its headquarters are in Geneva. With the adaptation of Philadelphia Declaration in World War II the rights of labour became closely connected with the fundamental human rights. In 1946 International Labour Organization became the first specialized agency of the United Nations.
Purpose –
                  International Labour Organization strives to improve the living and working conditions of the workers throughout the world. For this purpose, it tries to secure equal opportunities to all human beings and provides conditions for the development of the workers of world over. ILO has contributed a great deal since its establishment to bring about an improvement in the conditions of the labour, industrial and agriculture.
Functions –
                  The important Functions of ILO are to raise the standards of workers through a code of International Labour standards to prevent unemployment with adequate inspectional arrangement, to look after the problem of social security of workers to encourage education and research in the fields of labour and social policies. The right to organize into trade unions right to collective bargaining, minimum wages, regulation of working hours during nights, abolition of child labour, securing equal wages for equal work, equal wages for women, social insurance sickness and unemployment insurance, safety of working conditions in factories.
ORGANIZATION OF ILO –
1)                  International General Conference –
It is plenary organ of the International Labour Organization. It consists of all the members and meets at least once a year. It is composed of four delegates of each members states – two representing Government and one each representing Workers and employees.
2)                  Governing Body –
It is the executive organ of the International Labour Organization. It elects its chairman and Vice – Chairman. Also, it appoints the Director General. It is composed of 40 members. 20 members representing the governments 10 each representing the workers and employees.
3)                  International Labour Officer –
It is the secretariat of the International Labour Organization. It is headed by the Director General assisted  by such experts as are attached to this office.



·         IBRD – (INTERNATIONAL BANK OF RECONSTRUCTION AND DEVELOPMENT) MAIN PURPOSE
International Bank Of Reconstruction And Development (IBRD) or World Bank is an essential adjunct to  the International Monetary Fund. The primary purpose of the Bank is to assist the reconstruction and development of member states and this purpose is to be achieved by facilitating the investment of capital for productive purpose. It lends money or guarantees loans given by private lenders, borrows money from the capital market by selling bonds to member-government and government agencies or private enterprises under governmental guarantee. The Bank examine applications for loans and sometimes takes the assistance of IMF and has frequently joint meetings.           
The World Bank or IBRD has two subsidiaries, the IDA and IFC. Their organizational structure is similar to that of the Bank. The IDA provides loans for development purpose on easier terms than on which the Bank lands. The IFC invests in a wide range of private institutions in members countries. It revolves its capital by selling its stock in different enterprises and reinvesting in others. The capital of both is derived from subscription by members.
·         UNESCO – purpose and functions –
UNITED NATIONS EDUCATIONAL SCIENTIFIC AND CULTURAL ORGANISATION (UNESCO)stands for the promotions of international cooperation in the educational, social and cultural fields. The United Kingdom and France drafted UNESCO’s constitution. Later, it was adopted by 43 members of the United Nations. It came into existence on November 4, 1946 and was recognized as a special agency of the United nations on December 14, 1946.
Purpose
The preamble of the constitution of the UNESCO declares, “Since wars begin the minds of men, it is in the minds of men that the defence of peace must be constructed”. All the members of the United Nations are Members of the UNESCO is to contribute to peace and security by promoting cultural understanding. Cultural integrations helps to avoid wars.
Functions of UNESCO –
a)      UNESCO strives to eliminate illetracy of the people. It provides expert assistance on matters like teacher training, school construction, preparation of curricula and textbooks etc.
b)      UNESCO helps the members states to improve the reaching of basic sciences at all levels. It encourages basic research in the various fields of sciences. It also tries to apply science and technology to development.
c)      UNESCO disseminates knowledge about the Universal Declaration of Human Rights and the social and economic benefits of disarmament.
d)      It established the International Theatre Institute to promote theatre. It encourages the translation of literature from one language to another.
e)      It gathers information form members and distributes it among them. It helps to promote the free knowledge and information across national boundaries and development of mass media and communication.
f)       It also assists states in preserving materials and monuments of historical and cultural values.

·         DISCUSS THE ROLE OF THE OPEC-
This organization was formed in Bagdad (Iraq) in 1960 with Iran, Iraq Kuwait, Saudi Arabia and Venezuela as founder members. Subsequently Algeria, Ecuador, Gabon, Libya, Nigeria, Qatar, UAE also became its members. The membership of this organization is open to any country having substantial net export of crude petroleum, which has fundamentally similar interests to those of the members countries.
The main objects of the OPEC are –
a)      To make efforts to restore price of crude oil to level existing before reductions of 1958-60.
b)      To effect stability in oil prices and avoid unnecessary fluctuations on price.
c)      To carryout consultations among companies of concerned countries before making modifications in price of oil.
d)      To control production with a view to ensure stability of prices.
e)      To ensure regular supply of petroleum to consumers and equitable remuneration to investors and regular revenue to oil producing states.
f)       To hold regular consultations among the member states to safeguard their common interests.
The membership of this organization is open to any country having substantial net export of crude petroleum, which has fundamentally similar interests to those of the member countries. It also provides for free movement of capital and labour between the member states and provided for establishment of common external tariffs and framing of a common foreign economic policy.
·         WHAT IS INTERNATIONAL LAW ? WHY INTERNATIONAL LAW IS REGARDED AS A WEAK LAW ?
International Law – is meant for governing the conduct of various states towards each other in world. It is needed to preserve peace and order in the society of states in the same was as the social and state laws are required to safeguard the security, peace and order of the country. The only difference between the two is the binding force which is essentially present in concrete in a state law. It may defines as that body of rules which regulates the mutual relations of state among themselves. These rules are not from any sovereign lawmaking world body nor there exist sovereign world authority to enforce them. The sanction behind these International rules is the fact that they are recognized by the world community and accepted by them voluntarily. The states are not bound to or  forced to obey the International law nor there any coercive provision in the event of any state showing disobedience to international law. This may be called as international law. The private international is the body of rules for determining questions of jurisdiction and question as to the selection of the appropriate law, in civil cases which present themselves for decision before the courts of one state or country, but which involves a foreign element.


International Law is Weak Law –
Compared with the Municipal Law, International law is a weak law. It suffers from several limitations and weaknesses. The following are the major weakness which limit its role in International relations –
1.      The present law is inadequate and small in its range. Conditions of society have changed and there is a distinct trend towards international relations and unity. But, there is no international legislature to continuously develop this law.
2.      Many of its rules are still vague and uncertain.
3.      The absence of international executive authority of enforce, international law is another big hindrance in the way of its efficient compulsory in international relations.
4.      The weakness of the international court of justice to exercise compulsory and binding adjudication is another big hindrance.
5.      The scope of international law is limited and many matters such as tariffs, bounties, trade market etc. fall outside the ambit of international law, although they are potential sources of conflict among nations.
These weakness of International Law have been instrumental in keeping limited role of International Law as an instrument of International relations.
·         WHAT IS THE NEED OF WORLD GOVERNMENT ? HOW THE WORLD STATE CAN BE CREATED ?
Need of World Government – In view of the enormous distruction brought by the two world wars and the possibility of even more destructive third world war which might be fought with nuclear weapons, there is a growing realization among scholars and statesman that only through world government this destruction can be avoided. The world government is also desirable to put an end to the anarchic conditions prevailing in the present day international society. These anarchic conditions have arisen because each state tries to promote its national interests and does not hesitate to violate the principles of international law if its national interest so demands. The world government alone would be able to keep the sovereign nations in their respective jurisdiction and promote world peace. The world government shall ensure world peace by preventing war and diverting the funds at present used for the conduct of war, for the moral and material upliftment of the people all over the world.
Creation of World Government –
The world state can be created by two possible ways. Firstly, through conquest and world domination by one power, and secondly, through the world federation, which would preserve the national freedom of the states and ensure benefits of a vast world government.
The other method suggested for the formation of a world government is the federation on the pattern of Switzerland and USA. It was argued that the federation of Switzerland was formed by a number of sovereign nations with different languages, culture, history and loyalties. Similarly, the various nation of the world can join hands to form the world federation.
Again it has been suggested that a world federation can be created through a constitutional convention on the pattern of USA. But the example of USA only proves that the formation of a world government depends on the pre-existence of moral and political community.
·         DISCUSS THE EVALUATION, ASSUMPTIONS AND TYPES OF BALANCE OF POWER.
Evaluation –
In the nineteenth century and until world war I, Great Britain, France, Germany, Russia, Italy and Austria, Hungry were the main actor in the game of Balance of Power. The game required at least five actors. In this game no actor should be completely eliminated. If that was done the absorbing state or states might become too powerful. If one of the actor becoming too powerful even a military action should be taken to prevent it. In this game no state could have a permanent alignment. The alignment must change according to the changing balance. Throughout the nineteenth century and in the early part of the present century, Great Britain played an important role in maintain the balance of power in Europe.
Assumption –
1.      Each state protects it vital interests, right and privilages through all possible means – both peaceful and violent. Some of the vital interests which states generally try to protect include territorial integrity, independence, security, preservation of domestic economic, political and social systems, etc.
2.      Each state keep itself concerned with power relationship to protect its vital interests.
3.      The balance of power either deters the threatening state from launching an attack to permits the victim to avoid defeat if an attack takes place.
4.      The statesmen make foreign policy decision on the basis of power considerations. If it is not done, the deliberate balancing of power cannot occur.
Types of Balance of Power –
1.      Simple or Complex balance of power –
If the balance of power aims at the preservation of safety of the nationalities of the world, it is known as simple balance of power. On the other hand, the balance of power is complex, if it concentrates on the preservation of peace due to warning position of the two militant nations. The two types of balance of power can run concurrently among the various nations of the world.
2.      Local, Regional or Worldwide balance of power –
Balance of Power can be Local, Regional or Worldwide; depending upon the area of its operation. If the balance of power seeks to checkmate only one power or state, which poses a threat to the freedom of other neighbouring states, it is regarded as local. If it is aimed at maintaining balance in particular geographical or political region. The balance of power is regarded worldwide if it concerns more than region.
3.      Rigid or flexible balance of power –
A balance of power is regarded as rigid if two groups of states take a particular stand and are not willing to deviate from that stand. The rigid stand taken by USA and USSR as leader of the two groups which emerged after Second World War is an example of such type of balance of power. On the other hand, if the member states change their alignment and seek fresh alliance due to changed circumstances, the balance of power is regarded as flexible.

·         CLASSIFY THE SPECIALIZED AGENCIES OF UN –
There are a number of specialized agencies which concern themselves with certain aspects of the world affairs. These specialized agencies can be broadly classified into four categories –
                                I.            There are some agencies like International Civil Aviation Organization (ICAO), World Meteorological Organization (WMO), Universal postal Union (UPU) and International Telecommunication Union (ITU), International Maritime Organization (IMO) which are concerned with technical matters.
                              II.            There are agencies like the International Labour Organization (ILO), United Nations Educational Scientific and Cultural Organization (UNESCO), World Health Organization (WHO), International Fund for Agricultural and Development (IFAD) which are concerned with social and humanitarian activities.
                            III.            There are agencies like International Bank for Reconstruction and Development (IBRD) or World Bank, International Development Association (IDA), International Finance Corporation (IFC), etc. which are concerned with financial and economic development.
                            IV.            There are agencies like Food and Agriculture Organization (FAO), and International Trade Organization which are concerned with economic problems.

·         THE ARAB LEAGUE : ITS PURPOSE AND OBJECTIVES –
The Arab League was formed in March 1945 when Egypt, Iraq, Jordon, Lebanon, Saudi Arabia, Syria and Yemen, signed the pact for its creation in Cairo. Subsequently other countries like Algeria, Kuwait, Libya, Morocco, Sudan and Tunisia also joined it. In 1980, the strength of the league rose to 21. The league was created to encourage close collaboration between the member states and to safeguard the independence and sovereignty of the Arab states.
Objectives of the League –
The objective of the Leauge were outlined in Article 2 of the Charter, which includes the following –
First to strength relation between the members states.
Secondly, to co-ordinate the policies of the member states with a view to encourage co-operation among them and to safeguard their independence and sovereignty.
Thirdly, to have general concern with the affairs and interests of the Arab countries.
Fourthly, to promote close co-operation among the members states, with due regards to their organization and circumstances, on the matters relating to :
a.      Economic and financial affairs including commercial relations, customs, currency and questions of agriculture and industry.
b.      Communication, including rail – roads, roads, aviation, navigation, telegraphs and posts.
c.       Cultural extra – affairs.
d.      Nationality, passports, visas, execution of judgments and extraditions of criminals.
e.      Social affairs and,
f.        Human problems.
g.      In additions to this the members states are expected to respect the systems of government existing in other members states and are pledged to abstain from any action calculated to change established system of government.

·         WHAT IS LIMITATION OF NATIONAL POWER ?
Limitation on National Power – there is need of putting check on power of powerful states or to put some limitations to their power, so that they should not misuse their powers. This is called limitation on National Power. The most important limitation on national power are Balance of Power, International Morality, the World Public Opinion, International Law and the United Nations.
Balance of Power –
A balance of power is a state of stability between competing forces. In international relations, it refers to equilibrium among countries or alliances to prevent any one entity from becoming too strong and, thus, gaining the ability to enforce its will upon the rest.
There are two types of balance of power – the simple balance, which exist between two nations or any two groups of nations of nearly equal power and the multiple balance of power that exists among many nations or group of nations, balancing one another.
International Morality –
International morality is one of the limitations on National power. Morality and law are intimately related to each other. But they are different. Moral values depend upon the willful acceptance of the community. Legal values are backed by the sanctions of the government.
World Public Opinion –
Another limitation on the power of a nation, which is more elusive and lacks analytical precision, is the concept of world public opinion. No nation can exercise the power at its disposal to secure its selfish ends in violation of the world public opinion. The term world public opinion effectively guards the interests of the humanity as a whole whenever any government or nation execute a particular foreign policy, which is against the interest of mankind.
International Law –
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. In the field of International relations the execution of national policy for the fulfillment of the national interests requires the use of force. The most common method of use of force is threat of war. If each nation uses it power in unlimited terms against her neighbor or opponent, the world society would come to an end. There would be no peace or stability. There would be progress in the field of art or literature, science, or technology. To overcome all this code of conduct in the nature of international law is necessary to limit the national power.











·         WHAT IS NON – STATE ACTOR? GIVE CLASSIFICATION OF NON-STATE ACTORS.
·         ROLE OF NON-STATE ORGANIZATIONS IN INTERNATIONAL.
The Non-State actors play an important role in international politics and which greatly influence the course of international politics. These non-state actors greatly differ with regards to their scope and purpose. Some of the non-state actors of international politics are –
a.      UNO – the United Nations –
The United Nations has played important role in international politics. It is a permanent organization with a membership of 184 members. It has worked as fact finder, investigated the issues and reported its findings. UNO has acted as mediator and made suggestions for reasonable settlement.
b.      Regional Organizations –
The Regional Organizations are other important Non-State Actors. The regional organizations usually lack supra-national authority and hence do not enjoy any power over their constituent parts. They also do not possess any unified institutions, practices and attitudes, therefore, they can hope to bring about only peaceful changes in the territorial boundaries of the organization.
c.       Multi-national Corporation –
The multinationals, business firms engaged in production and marketing activities beyond the borders of one state, are important Non-state actors of international politics. Multinational corporations (MNC’s) possess a very tightly integrated production and marketing system and pursue policies which aim at enhancing the economics position of the firm. The numbers of MNC’s has greatly increased in recent years. The yearly values of MNC’s come in conflicts with states and host states can refuse permission to new MNC’s to established themselves and nationalize those already operating in the country, but generally these states are reluctant to do so because of beneficial effect of MNC’s.
d.      National Liberation Organization –
National Liberation Organization are other important Non-state Units of International Politics. A number of such organizations have been formed in different parts of the world such as Viet Cong, Irish Republican Army, PLO and many more. These organizations differ in size, structure, strength, and ideology. A notable feature of these organizations is that they do not possess any legal authority over a specific territory and merely seek to liberate that territory from perceptions of the past common hopes for future. These organizations make use of military policy instruments for the attachment of their objectives.




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