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Q.1. The law-making resolutions of the U.N. General Assembly are binding on member states of the United Nations because_____________?
(a) the General Assembly resolutions are recommendatory in nature
(b) they have a binding effect if adopted by consensus
(c) member states which vote in favour of a resolution are bound by it
(d) the legal value of these resolutions very in the light of their subject matter and surrounding circumstances
Q.2. Which one of the following organs of the U.N. has the power to initiate studies and make recommendations for the purpose of encouraging the progressive development of International Law and its codification?
(a) The Security Council
(b) The Economic and Social Council
(c) The General Assembly
(d) The Secretariat
Q.3. In spite of the fact that veto is inconsistent with the principle of sovereigns’ equality of all members, the veto is vested with a permanent member of U.N. for______________?
(a) striking a balance between superpowers
(b) maintaining international peace and security
(c) political reasons
(d) obstructing the powers of non-permanent members of the Security Council
Q.4. Which one of the following is NOT the function of the Economic and Social Council?
(a) Promotion of economic and social development
(b) Promotion of better standards of human welfare
(c) Supervision and control of the functions of specialised agencies
(d) Observance of human rights and fundamental freedom
Q.5. Which one of the following organs of the United Nations performance legislative function?
(a) The Security Council
(b) The General Assembly
(c) The Economic and Social Council
(d) The Trusteeship Council
Q.6. In which one of the following cases did the International Court of Justice uphold the legitimacy of the ‘baselines method’ for delimiting the territorial set in certain coastal waters?
(a) North sea continental shelf case
(b) Lotus case
(c) Alabama claims case
(d) Fisheries case
Q.7. Article 38 (1) of the statute of the International Court of Justice uphold the legitimacy of the ‘baseline method’ for delimiting the territorial sea in certain coastal waters?
(1) Treaties and convention
(2) International custom
(3) General Principals of Law
(4) Judicial decisions and writing of publicists.
This is because of Article 38 (1):
(a) follows a hierarchical, giving greatest importance to treaties and conventions
(b) gives equal importance to all the four sources of International Law enumerated therein
(c) does not make any judgement upon the priority of equity of status of these sources
(d) is based on a formal approach to the International, Lawmaking processes
Q.8. The Judge of the International Court of Justice is elected by___________?
(a) the General Assembly
(b) the Security Council
(c) both the General Assembly and the Security Council independently of one another
(d) the Secretary-General
Q.9. Assertion (A): International Law is a weak legal system of jurisprudence.
Reason (R): International Law has no enforcement mechanism.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not a correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.10. Assertion (A): International Law does not recognize a unilateral right of humanitarian intervention by a state against another state which has committed violations of human rights.
Reason (R): The Principles of sovereign equality non-intervention and prohibitions of force do not permit unilateral coercive action by a state except in self-defence.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not a correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Answers with Explanations
1.Correct Answer: B
Explanation- Ordinarily a General Assembly resolution is not binding and does not create legal implications. It is recommendatory in nature. But, if a resolution is unanimously passed or is recited again and again numerous times and is passed with an overwhelming majority. Such a resolution may create legal implications. So is the case with a resolution declaring customary International Law. Hence Option is B correct.
2.Correct Answer: C
Explanation- Article 13 of the United Nations Charter provides that the General Assembly shall initiate studies and make recommendations to promote International Corporation in the political field and encourage the progressive development of International Law and its codification. Promoting international co-operation in the economic, social, cultural, educational and health fields, and assisting in the realisation of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Hence Option is C correct.
3.Correct Answer: B
Explanation- In order to ensure prompt and effective action by the United Nations, state members have conferred upon the Security Council the primary responsibility for the maintenance of international peace and security. So, the right of veto is given to the permanent members of the Security Council to the maintenance of international peace and security. Hence Option is B correct.
4.Correct Answer: C
Explanation- It may, with the approval of the General Assembly, perform services at the request of the members of the United Nations and the request of the specialised agencies. But it does not supervise the work of special agencies. Hence Option is C correct.
5.Correct Answer: B
Explanation- A resolution of the General Assembly which has formulated general principles of international conduct or authoritatively interpreted the U.N. Charter may fairly claim to have further progressive development of International Law. Hence Option is B correct.
6.Correct Answer: D
Explanation- In the Fisheries’ Jurisdiction Case, the International Court of Justice had also an occasion to consider the validity of treaties concluded under coercion. Article 36, paragraph 6 provides that in the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court. In this case, the court held that it had jurisdiction to decide the case. Hence Option is D correct.
7.Correct Answer: A
Explanation- In Article 38 (1) follows a hierarchical order giving more importance to treaty and convention. The international tribunal follows this order concerning the use of source, of International Law. The Court shall use the sources of international law in the following order:
(1) International conventions
(2) International customs
(3) General principles of law recognised by civilised nations; and
(4) Judicial decisions or the works of jurists, etc, as a subsidiary, means for determining the rules of International law.
Hence Option A is correct.
8.Correct Answer: C
Explanation- The International Court of Justice consists of 15 Judges which are elected by the General Assembly and the Security Council separately. Hence Option is C correct.
9.Correct Answer: C
Explanation- Here `A’ is true but ‘R’ is false because International Law is considered as a weak legal system of Jurisprudence. But it has an enforcement mechanism. Hence Option is C correct.
10.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are correct and ‘R’ explains ‘A’ correctly because United Nation Charter does not authorise any state to intervene in the affairs of another state under Article 55 and 56. It may be done by the United Nations only. When the violation of human rights in a member state poses a threat to international peace and security. Hence Option A is correct.