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  #11  
Old Saturday, February 22, 2014
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Originally Posted by marshal453 View Post
Can you please shed some light on the essence of Que 4
Q.NO.4 the assumption that the "genuine link" formula, invented for dealing with people, is capable of immediate application to ships..........smacks of a disappointing naivete ?
What was it about....

Genuine Link

‘A State cannot claim that the rules [pertaining to the acquisition of nationality] which it has [laid down by virtue of its internal laws] are entitled to recognition by another State unless it has acted in conformity with this general aim of making the legal bond of nationality accord with the individual's genuine connection (link) with the State which assumes the defence of its citizens by means of protection against other States. … According to the practice of States, to arbitral and judicial decisions and to the opinions of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties.’: Nottebohm Case 1955 I.C.J. Rep. 4 at 23 and 24. ‘In the Flegenheimer Claim … it was considered that a person who had only one nationality was not to be regarded as disentitled to rely on it against another state because he had no effective link with the state of nationality but only with a third state’: I Oppenheim 854 n. 12. See also Donner, The Regulation of Nationality in International Law (2nd ed.), Chap. 2; Weiss, Nationality and Statelessness in International Law (2nd ed.), 176–186.


Application of Genuine Formula to Ships:

With regard to ships, art. 5 of the Geneva Convention on the High Seas of 29 April 1958 (450 U.N.T.S. 82) requires that ‘[e]ach state shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the state whose flag they are entitled to fly. There must exist a genuine link between the State and the ship; in particular, the state must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.’ This position has been the subject of considerable criticism: ‘the assumption that the “genuine link” formula, invented for dealing with people, is capable of immediate application to ships and aircraft, smacks of a disappointing naiveté. … A provision which might seem to encourage governments to make subjective decisions whether or not to recognize the nationality of this aircraft or that vessel is clearly open for abuse and for that reason to grave criticism’: Jennings, The General Course on Principles of International Law, (1967) 121 Hague Recueil 327 at 463. Nevertheless, the provisions of art. 5 are replicated in art. 91 of the U.N. Convention on the Law of the Sea of 10 December 1982 (1833 U.N.T.S. 3), albeit, accompanied by an enumeration of the duties of the flag State in art. 94. See further flag of convenience.

Arts. 17–21 of the Chicago Convention on International Civil Aviation of 7December 1944 (15 U.N.T.S. 295) provide that the nationality of aircraft is governed by the State of registration. There does not appear to be a general requirement of a genuine link. However, ‘[i]n the absence of substantial connections the state of registry will not be in a position to ensure that the aircraft is operated in accordance with the Chicago Convention … Obviously the Nottebohm principle ought to apply to apply to aircraft as it does to ships …’: Brownlie, Principles of Public International Law, (6th ed.), 413. See further aircraft, nationality.

Reference: Genuine Link
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  #12  
Old Sunday, February 23, 2014
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So Gentle man Fassi, If i am not getting you wrong

Was it appropriate to attempt the Question with reference to enemy character?

1 In war, enemy flag would constitute prima-facie evidence of its enemy
character.
2 But Flag of nutral country will not be considered to be prima-facie evidence of neutrality, The relavant documents can be asked for establishment of the nationality..
3 Neutral ship carrying enemy soldiers, in service entirely for enemy will also be considered as enemy ship.
After mentioning how the enemy-character with reference to MEN, i mentioned above clauses of Geneva Convention showing that the way genuine link formula is not applicable to ship as it is applied on men...... fuse
your opinion??
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Old Sunday, February 23, 2014
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For Past 3 years the Target was Psychology now its I.L 2015 aspirants should not opt fr it...as you may score low in it...I am expecting just 55-60 in it
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Old Sunday, February 23, 2014
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True, I opted this after getting 50 plus in I.R twice, thought it would bring some fortune as per the past trends but, this year paper was verily not as expected. I hope Psychology will carry the burden it will pose on optional subjects.
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Old Sunday, February 23, 2014
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My all mcq's of I.L were correct, the only thing which battered me was the subjective portion. I have studied I.L alot,yet the paper was written in such a way that i was unable to understand it esp. about "genuine link" question
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Old Sunday, February 23, 2014
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Quote:
Originally Posted by Fassi View Post
Genuine Link

‘A State cannot claim that the rules [pertaining to the acquisition of nationality] which it has [laid down by virtue of its internal laws] are entitled to recognition by another State unless it has acted in conformity with this general aim of making the legal bond of nationality accord with the individual's genuine connection (link) with the State which assumes the defence of its citizens by means of protection against other States. … According to the practice of States, to arbitral and judicial decisions and to the opinions of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties.’: Nottebohm Case 1955 I.C.J. Rep. 4 at 23 and 24. ‘In the Flegenheimer Claim … it was considered that a person who had only one nationality was not to be regarded as disentitled to rely on it against another state because he had no effective link with the state of nationality but only with a third state’: I Oppenheim 854 n. 12. See also Donner, The Regulation of Nationality in International Law (2nd ed.), Chap. 2; Weiss, Nationality and Statelessness in International Law (2nd ed.), 176–186.


Application of Genuine Formula to Ships:

With regard to ships, art. 5 of the Geneva Convention on the High Seas of 29 April 1958 (450 U.N.T.S. 82) requires that ‘[e]ach state shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the state whose flag they are entitled to fly. There must exist a genuine link between the State and the ship; in particular, the state must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.’ This position has been the subject of considerable criticism: ‘the assumption that the “genuine link” formula, invented for dealing with people, is capable of immediate application to ships and aircraft, smacks of a disappointing naiveté. … A provision which might seem to encourage governments to make subjective decisions whether or not to recognize the nationality of this aircraft or that vessel is clearly open for abuse and for that reason to grave criticism’: Jennings, The General Course on Principles of International Law, (1967) 121 Hague Recueil 327 at 463. Nevertheless, the provisions of art. 5 are replicated in art. 91 of the U.N. Convention on the Law of the Sea of 10 December 1982 (1833 U.N.T.S. 3), albeit, accompanied by an enumeration of the duties of the flag State in art. 94. See further flag of convenience.

Arts. 17–21 of the Chicago Convention on International Civil Aviation of 7December 1944 (15 U.N.T.S. 295) provide that the nationality of aircraft is governed by the State of registration. There does not appear to be a general requirement of a genuine link. However, ‘[i]n the absence of substantial connections the state of registry will not be in a position to ensure that the aircraft is operated in accordance with the Chicago Convention … Obviously the Nottebohm principle ought to apply to apply to aircraft as it does to ships …’: Brownlie, Principles of Public International Law, (6th ed.), 413. See further aircraft, nationality.

Reference: Genuine Link
Dear Fassi!
I have not read about Genuine link anywhere in the book. There is not a single word used in any good books like Tandon, Martin Dixon. This paper was a hard nut to crack for candidates without law background.
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  #17  
Old Monday, February 24, 2014
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My answers in International Law Paper 2014

Q.NO.2 "When all has been said it will be found that consent remains firmly the basis of international law, and there are as many, and only as many, sources of international law as there are ways whereby the consent of states can be expressed"? Discuss

International Law: Definition
International Law and Consent of States:
How: Can be Explained in three ways:
a) Classic Approach to Intl.Law: that how it was considered to be a positive International Morality and Consent of States: Given examples as well
b) Contemporary Approach: In the form of Current Status and Consent of States: Given examples as well
c) Sources of International Law and Consent of States
Custom
Treaties
General Principles of Intl. Law
Juristic writing
Decision of ICJ
UN, Security and General Assembly
Conclusion: Yes Intl. Law is all about Consent of State


Q.NO.5 "The case law of the international court of justice and the practice of United Nations show that while the principle of self-determination is agreed upon, neither the scope of its application nor the method of decolonisation has been settled" Discuss

International Court of Justice: A little Introduction
The United Nations: A little Introduction:
Issue of Self Determination in Contemporary World:
Issue of Decolonization in Contemporary world and Neo-Colonization in the form of Espionage, Snowden Episode:
How ICJ is failed to address them:
How UN is failed to address Them:
Remedies:
Conclusion:

Q.NO.6"All the major issues on voting in the security council are now satisfactorily resolved. The real problem to day is about the composition of the Security Council" Discuss

Started the answer with some questions….like….Can painting the damaged wall conceal the crack on it? Can using safety bandage heal the injury? There were at least four other such questions. In the end I linked it with the question statement and then came directly to the answer.

How the composition of Security Council is a Real Problem?

Security Council: Its beginning
Procedural and Non-Procedural Matter explanation
Big 5
Veto Power
Undemocratic Structure
Drawn a World Map to prove that it is a great inequality that only five nations play with remaining 188 nations
Shared examples of Contemporary World
Syria Russia China Vs US
Mentioned the Statement of US President in which he criticized the UN

Remedies: In two ways along with details;
Reforms in existing structure Security Council
Establishment of new Security Council on new Structure
Conclusion:

Q.NO.7"The office of the Secretary General of the United Nations is certainly the most important and visible post in intentional multilateral diplomacy but it has been called the most impossible job in the world because the faces complex and contradictory pressures in the performance of his duties" Discuss

Office of the Secretary General of UN: Its Duties
How it faces complex and contradictory pressures:
Financial Dependence
Incompetent Bureaucracy
No Independence UN Force
Peacekeeping Mission Failure
ICJ: A court of law without essence of Law
Failure to distinguish between victim and aggressor
It controls symptoms not cause of dispute
Remedies
Conclusion
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Old Monday, February 24, 2014
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@ mohib baloch
a great attempt. may Allah bless you with success.
can you please tell from where did you prtepare for this subject?
Also did you cover the topics like post of general secretary which are uncommon?
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  #19  
Old Tuesday, February 25, 2014
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Quote:
Originally Posted by Sna Shah View Post
Dear Fassi!
I have not read about Genuine link anywhere in the book. There is not a single word used in any good books like Tandon, Martin Dixon. This paper was a hard nut to crack for candidates without law background.
You are right to some extent but law graduates will also suffer in this paper if their will be no leniency in marking by FPSC. I'm a law graduate and I know many law graduates who opted I.L for 2014 but they failed to deliver what was expected.

And you are aptly remarked that no such thing like Genuine Formula is available in the available books of International Law including H.O Aggarwall, Tandon & Kapoor, J.G Starke and even in Malcolm N. Shaw.

So, worry for what, you are not the sole victim. Be blessed and hope for the best...
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Old Tuesday, February 25, 2014
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Quote:
Originally Posted by MOHIB BALOCH View Post
My answers in International Law Paper 2014

Q.NO.2 "When all has been said it will be found that consent remains firmly the basis of international law, and there are as many, and only as many, sources of international law as there are ways whereby the consent of states can be expressed"? Discuss

International Law: Definition
International Law and Consent of States:
How: Can be Explained in three ways:
a) Classic Approach to Intl.Law: that how it was considered to be a positive International Morality and Consent of States: Given examples as well
b) Contemporary Approach: In the form of Current Status and Consent of States: Given examples as well
c) Sources of International Law and Consent of States
Custom
Treaties
General Principles of Intl. Law
Juristic writing
Decision of ICJ
UN, Security and General Assembly
Conclusion: Yes Intl. Law is all about Consent of State


Q.NO.5 "The case law of the international court of justice and the practice of United Nations show that while the principle of self-determination is agreed upon, neither the scope of its application nor the method of decolonisation has been settled" Discuss

International Court of Justice: A little Introduction
The United Nations: A little Introduction:
Issue of Self Determination in Contemporary World:
Issue of Decolonization in Contemporary world and Neo-Colonization in the form of Espionage, Snowden Episode:
How ICJ is failed to address them:
How UN is failed to address Them:
Remedies:
Conclusion:

Q.NO.6"All the major issues on voting in the security council are now satisfactorily resolved. The real problem to day is about the composition of the Security Council" Discuss

Started the answer with some questions….like….Can painting the damaged wall conceal the crack on it? Can using safety bandage heal the injury? There were at least four other such questions. In the end I linked it with the question statement and then came directly to the answer.

How the composition of Security Council is a Real Problem?

Security Council: Its beginning
Procedural and Non-Procedural Matter explanation
Big 5
Veto Power
Undemocratic Structure
Drawn a World Map to prove that it is a great inequality that only five nations play with remaining 188 nations
Shared examples of Contemporary World
Syria Russia China Vs US
Mentioned the Statement of US President in which he criticized the UN

Remedies: In two ways along with details;
Reforms in existing structure Security Council
Establishment of new Security Council on new Structure
Conclusion:

Q.NO.7"The office of the Secretary General of the United Nations is certainly the most important and visible post in intentional multilateral diplomacy but it has been called the most impossible job in the world because the faces complex and contradictory pressures in the performance of his duties" Discuss

Office of the Secretary General of UN: Its Duties
How it faces complex and contradictory pressures:
Financial Dependence
Incompetent Bureaucracy
No Independence UN Force
Peacekeeping Mission Failure
ICJ: A court of law without essence of Law
Failure to distinguish between victim and aggressor
It controls symptoms not cause of dispute
Remedies
Conclusion
Finally someone with required analytical approach done with the I.L 2014 paper. InshALLAH you'll yield desired output..
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