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Q.1. Assertion (A): General Assembly resolutions may sometimes have normative value.
Reason (R): In appropriate cases, the General Assembly resolutions constitute evidence of opinion Juris.
(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.2. Which one of the following domestic laws of a country is illegal under International Law?
(a) A law declaring an act of a citizen illegal, regardless of the place where it is committed
(b) A law declaring a contract between a national and foreigner concluded within the country, illegal
(c) A law declaring illegal a transaction between two foreigners concluded to be performed in their respective countries
(d) Law declaring illegal an act on board a national aircraft or a national vessel
Q.3. A diplomat of State A accredited to State B while returning to his national state (State A) upon completion of his diplomatic assignment kills his wife in the toilet of an aircraft in flight. The aircraft is registered in State D. In this case which one of the following states shall have jurisdiction to try the diplomat?
(a) State A
(b) State B
(c) State C
(d) State D
Q.4. Where customary International Law is comprised of rules identical to those of treaty law _________?
(a) the treaty law overrides the customary law
(b) the customary law overrides the treaty law
(c) the rules of customary law become jus cogens
(d) both the treaty law and the customary law co-exist
Q.5. When two multilateral treaties are in force in respect of the same subject matter, one concluded subsequent to the other, then _______?
(a) the later treaty shall prevail over the earlier one
(b) since each treaty is based on the express consent of states parties to it, continues to exist independently of the other, even for states parties to both the treaties
(c) the provisions of the later treaty shall prevail over those of the earlier treaty, in respect of the parties of the same state to both the treaties
(d) the validity of the earlier treaty shall be subject to adjudication by the International Court of Justice
Q.6. A newly independent state ______________?
(a) succeeds to all treaties which were applied to its territory by the former administering state
(b) has a right not to be bound by earlier treaties
(c) is not bound by any earlier treaties except those determining boundaries
(d) continues to be bound by all multilateral treaties which applied to its territory at the time of its independence
Q.7. The U.N. Secretary-General is appointed by the_______?
(a) General Assembly
(b) Security Council
(c) General Assembly upon the recommendation of the Security Council
(d) General Assembly and the Security
Q.8. Which one of the following U.N. Organs can take enforcement action in case of a threat to the peace or breach of the peace?
(a) The Secretariat
(b) Economic and Social Council
(c) General Assembly
(d) Security Council
Q.9. In the 1996 advisory opinion on the Legality of the Threat or Use of Nuclear Weapons in Armed Conflict the International Court of Justice held that the threat of use of nuclear weapons__________?
(a) is legal under any circumstances they are resorted to in self-defence
(b) is illegal under any circumstances
(c) is legal if a state resorts to these weapons when feels that its very survival is at stake, provided that such use of the weapons conforms to rules related to self-defence and international humanitarian law.
(d) is legal if resorted to against a state which has persistently committed gross violations of human rights over its citizens
Q.10. Consider the following statements:
The right of Self-defence can be invoked by a state when:
1. it is attacked by the armed forces of another state
2. it has reason to believe that an attack is imminent
3. a civilian aircraft registered in that state is shut down by another state.
4. it has evidence of the effect that another state aids, recruits, trains and sends terrorists and mercenaries on a significant scale across the border into the territory of the former.
Which of the above statements are correct?
(a) 1 and 2 (b) 2 and 3
(c) 1 and 4 (d) 3 and 4
Answers with Explanations
1.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’. Ordinarily, a General Assembly resolution is not binding and does not create legal implications. It is recommendatory in nature. But the position will be different if a resolution is unanimously passed or is recited again and again numerous times and is passed with an overwhelming majority. Such a majority creates legal implication. Hence Option A is correct.
2.Correct Answer: C
Explanation- A law declaring illegal a transaction between two foreigners concluded to be performed in their respective countries is illegal under International Law. Hence Option is C correct.
3.Correct Answer: A
Explanation- The diplomatic agents are immune from the criminal jurisdiction of the court of the States in which they are appointed If a case is filed in a court of law against the diplomatic agent, it is sufficient for such an agent to inform the court that he is immune from the jurisdiction of the court. Hence Option A is correct.
4.Correct Answer: A
Explanation- In the modern period International Treaties are the most important source of International Law. This is because Article 38 (1) follows a hierarchical order, giving the greatest importance to treaties and conventions. Hence Option A is correct.
5.Correct Answer: A
Explanation- When two multilateral treaties are in force in respect of the same subject matter, one concluded subsequent to the other, then the later treaty shall prevail over the earlier one. Hence Option A is correct.
6.Correct Answer: C
Explanation- A newly independent state is not bound by any earlier treaties except those determining boundaries. He has a right not to be bound by earlier treaties except boundaries determination treaties. Hence Option is C correct.
7.Correct Answer: C
Explanation- The Secretary-General is appointed by the General Assembly upon the recommendation of the Security Council. He is not only the Chief Administrative Office of the Secretariat but of the whole organisation. Hence Option is C correct.
8.Correct Answer: D
Explanation- The maintenance of international peace and security the primary responsibility of the Security Council Chapter VIII of the Charter deals with the action with respects to threats, breach of peace and acts of aggression and confers upon the Security Council with power in this respect. Hence Option is D correct.
9.Correct Answer: B
Explanation- In the 1996 advisory opinion on the Legality of the Threat or Use of Nuclear Weapons in Armed Conflict, the International Court of Justice held that the threat or use of nuclear weapons is illegal under any circumstances. Hence Option is B correct.
10.Correct Answer: C
Explanation- The United Nations Charter confers upon every state the right of individual or collective self-defence under Article 51. But the right of self-defence under Article 51 is subject to the following conditions: There should be an armed attack; The right exists until the Security Council has taken any action; It should be reported to the Security Council. The right shall not affect the responsibility of the Security Council for the maintenance of Peace and Security; The right is not available against a non-member of the United Nations. Hence Option is C correct.