CLAT Sample Paper UG-CLAT Mock Test-11 (2020)

  • question_answer
    The foundations of international law are firmly rooted in Western culture and political organisations. Modern international system can be traced back to 400 years. But, certain basic canons of international law can be discerned in political relationship thousands of years ago as far back as the Mesopotamian civilization. With the development of international law, the demand for justice permeated through these States. In the Middle Ages, international law was characterised by the authority organised by the church; ecclesiastical law was applied to all. There was a struggle between religious authority and the Holy Roman Empire. The development in Science changed the face of the European society and ushered in pragmatic, humanistic and individual thinking; the rise of Renaissance and collapse of Byzantine Empire in 1453 drove many scholars to seek sanctuary in Italy and rejuvenate Western Europe’s cultural life. The introduction of printing press during the 15th century provided means for dissemination of knowledge, which also undermined feudalism in the wake of the rampant economic growth. The decline of religion led to the rise of the State; with the rise of the modern State, the doctrine of Sovereign emerged; and this was first analysed by Jean Bodin.
    Early theorist of international law merged international law with theology and used it as the foundation of philosophy. Founders of modern international law are European scholars, albeit there is controversy regarding the same. Francisco Vitoria, Suarez, Alberico Gentili and Hugo Grotius are celebrated as pioneers of international law. Hugo Grotius, a Dutch scholar, is considered as the father of international law; his popular work De Jure Belli ac Pads (1623-24) underpins modern approach to aggression and self-defence. The 19th century was a period of intellectual ferment, marked by the growth of nationalism, which contributed to the development of international law.
    International law by this time had spread across the borders to Asia and Africa. Self-determination emerged and threatened the multinational empires of Central and Eastern Europe, The industrial revolution created an economic dichotomy of capital and labour that propelled Western influence throughout the world.
    The 20th century witnessed two devastating wars which closed the whole dynamism and optimism; European Empire ruled the world and reigned supreme. World War I led to the creation of the League of Nations, 1919, which ultimately failed due to varying reasons. The Permanent Court of International Justice (PCIJ) was set up in 1921 which was subsequently succeeded by the International Court of Justice (ICJ). The cold war haunted the second half of the 20th century; numerous treaties were signed and ratified, thus augmenting international law. Space race, nuclear threats, Strategic Arms Limitation Treaty (SALT) agreement made the headlines during these tumultuous times. The oppression caused by colonialism was condemned by the international community of States; decolonisation became a recurring theme.         
    The modern face international law is dominated by international organisations, which has supplemented the role performed by the States. The United Nations Organisation (UNO) was established in 1945 with the purpose of enabling world peace, the UNO has done tremendous work in the field of human rights and justice to meet the demands of modern society. Despite the .criticism that the UNO is remotely controlled by the developed countries like the US or Great Britain, it has managed to attract universal recognition.
    How old are the foundations of international law?

    A) As far back as Mesopotamian civilization

    B) Modern international law is about 400 years old

    C) Both (a) and (b)

    D) Neither (a) nor (b)

    Correct Answer: C

    Solution :

    (c) The foundations of international law are firmly rooted in Western culture and political organisations. Modem international system can be traced back to 400 years. But, certain basic canons of international law can be discerned in political relationship .thousands of years ago as far back as the Mesopotamian civilization.


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