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Q.1. Some effort has been made to transform the status of an individual from the object to the subject of International Law. The first effort towards this was made after the________?
(a) Treaty of Westphalia
(b) 1815 Vienna Conference
(c) First World War
(d) Second World War
Q.2. The Permanent Court of International Justice applied the principle of res judicate while deciding____________?
(a) Serbian loans case
(b) Mavrommatis Palestine concessions case
(c) Chozow factory indemnity case
(d) South-West Africa case
Q.3. Jus Cogens denotes________?
(a) superiority of states
(b) the dominance of the USA over other states
(c) peremptory norms of International Law
(d) the superiority of United Nations
Q.4. ‘Monism’ denotes that International Law and State Law____________?
(a) represent two entirely distinct legal system
(b) are concomitant aspects of the one system
(c) are not enforceable
(d) are not binding
Q.5. Which one of the following propositions would be correct according to the Vienna Convention on the Law of Treaties, 1960?
(a) The reservation and the objection cancel each other and all the provisions of the treaty will apply to all parties
(b) The provisions of the treaty to which the reservation applies, shall not apply between the reserving state and the objecting state unless the objecting state specifically objects to the entry into force of the treaty as between the two states
(c) The reservation and the objection prevent the treaty from coming into force in respect of all of its parties
(d) The objection invalidates the reservation, and the reserving state ceases to be a party to the treaty.
Q.6. Which one of the following statements is correct?
(a) A state has the duty to become a party to every multilateral treaty
(b) A state has a right to decide whether or not to become a party to a multilateral treaty and if it decides to become a party has a right to make a reservation to limit its participation in any way it chooses
(c) A state has a right to decide whether or not to become a party to a multilateral treaty and if it decides to become a party, it should accept the whole treaty
(d) A state has a right to decide whether or not to become a party to the multilateral treaty, and if decides to become a party, it may do so with or without reservations, provided that its reservation is compatible with the objects and purposes of the treaty
Q.7. The main difference between de jure and de facto recognition is that the former is_____?
(a) legal while the latter is factual
(b) provisional and the latter is definite
(c) informal while the latter is formal
(d) explicit and the latter is implicit
Q.8. “Succession of Government” means change of_____________?
(a) external sovereignty
(b) internal sovereignty through constitutional revolutionary processes
(c) Prime Minister
(d) the Administrative System
Q.9. The International Court of Justice in the Right Passage over India Territory Case 1960, dealt with the_________?
(a) principle of succession to delictual liabilities
(b) a customary right relating to territory
(c) succession and public debts
(d) succession to non-fiscal contractual rights
Q.10. The Secretary General of the U.N. is appointed_____________?
(a) by the General Assembly on the recommendation of the Security Council
(b) by the Security Council on the recommendation of the General Assembly
(c) in a joint session of the Security Council and General Assembly
(d) by the permanent members of the Security Council
Answers with Explanations
1.Correct Answer: D
Explanation- The position of individuals in International Law has considerably changed since the establishment of the United Nations. The U.N. charter by using the words people of the United Nations in the Preamble has given a place of importance to individuals. Hence Option D is correct.
2.Correct Answer: C
Explanation- In Chorzow Factory [Indemnity case] Pub. P.C.I.J (1938) Series A, No. 17]—In this case, the permanent court of International Justice applied the principle of `res judicata’ also held that one who violates a rule is liable to make reparation. Hence Option C is correct.
3.Correct Answer: C
Explanation- The provisions relating to Jus Cogens is one of the most controversial provisions incorporated in the Vienna Convention on the law of Treaties, 1969. Article 53 of the Vienna Convention provides that a treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general International Law. A peremptory norm of general International Law is a norm accepted and recognised by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general International Law having the same character. Hence option C is correct.
4.Correct Answer: B
Explanation- According to this theory law is the united field of knowledge, no matter whether it applies to individuals, States or other entities. Thus, “International Law and State Law are intimately connected with each other. They are two branches of unified knowledge of the law. Hence Option is B correct.
5.Correct Answer: B
Explanation- The provisions contained in Articles 19 to 23 of the Vienna convention are related to reservation. A treaty will operate between the state making the reservation and states accepting the reservation, but not between the state making the reservation and a state objecting thereto. The state making an objection may consider that the reserving state is not a party to the treaty. Hence Option is B correct.
6.Correct Answer: D
Explanation- It is one of the principles of treaties that the consent of, state bound by a treaty should be free. Thus. a state has the right to decide whether or not to become a part multilateral treaty. Hence Option is D correct.
7.Correct Answer: A
Explanation- The main difference between the de jure and de facto recognition lies in the fact the former’s legal and latter factual. De facto recognition means that the state recognition possesses the elements of statehood and is fit to be subject of International Law. De jure recognition is final and irrevocable. Hence Option A is correct.
8.Correct Answer: B
Explanation- The succession of Government is based on the principle of continuity of states. The change in the Government succeeds to the rights and obligations of the predecease Government. This principle is based on the common, interests of the international community. Hence Option is B correct.
9.Correct Answer: B
Explanation- In this case, the Court ruled that if under a treaty a State gets the right of passage through the territory of another state and if it continues for a long time, then it gains the force of law and thereby imposes the obligation upon the State affected to continue to give right of such passage. Hence Option is B correct.
10.Correct Answer: A
Explanation- Security General of the United Nations is appointed by General Assembly upon the recommendation of the Security Council. He is designated as “the Chief Administrative officer of the Organisation”. [Article 97] He is not only the Chief Administrative officer of the Secretariat but of the whole organisation. Hence Option A is correct.