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Q.1. Consider the following statements:
The International Court of Justice exercises its contentious jurisdiction:
1. if parties to a dispute agree based on a treaty
2. if parties have accepted the court’s jurisdiction under the Optional Clause, Article 36 (2) of the statute.
3. if the U.N. General Assembly requests an advisory opinion of the dispute.
4. whenever the court deems fit.
Which of these are correct?
(a) 1 and 3
(b) 2 and 3
(c) 1 and 2
(d) 2 and 4
Q.2. Which one of the following member-states of the U.N. has been expelled under Article-6 of the U.N. Charter?
(a) Rawanda (b) Somalia
(c) Indonesia (d) Yugoslavia
Q.3. The Latin American concept of uti possidetis Juris is related to succession to:
(a) state property (b) state archives
(c) public debt (d) former colonial orders
Q.4. The machinery for the enforcement of human rights is most effective under the_________?
(a) Universal Declaration of Human Rights
(b) the two Covenants on Human Rights, I966
(c) European Convention on Human Rights, 1950
(d) African Charter of Human Rights and People’s Rights, 1981
Q.5. Principles of the multilateral treaty of Human Rights can be implemented by the Indian Courts even if India has not ratified it__________?
(a) in all circumstances
(b) if the treaty is universally accepted by states
(c) if it lays down international norms which can be used as points of reference to interpret the provisions of the Indian Constitution
(d) if India has participated in the negotiations and the drafting of the treaty and the treaty was adopted by consensus
Q.6. Consider the following rights:
1. Right of self-determination
2. Inherent right to life
3. Freedom from torture, cruel inhuman or degrading treatment or punishment
4. Right to work and enjoyment of just and favourable conditions of work
Which of these rights has been recognized under the International Covenant Civil and Political Rights, 1966?
(a) 1, 2, 3 and 4 (b) 1, 2 and 3
(c) 1 and 2 (d) 2 and 3
Q.7. Consider the following statements:
Upon violation of human rights by a state, the victim may petition the:
1. U.N. Human Rights Commissioner.
2. Human Rights Committee.
3. Economic and Social Council
4. U.N. Secretary-General
Which of the above statements (s) is/are correct?
(a) 1, 3 and 4 (b) 1 alone
(c) 1,2 and 3 (d) 2 alone
Q.8. Consider the following acts:
1. Mass Killings
2. Forcible transfer of children of one group to another group
3. Causing serious bodily harm to members of a group aimed at the destruction of the group
4. Measures intended to prevent the birth of children in a group aimed at the destruction of the group
Which of the above acts can be described as genocide?
(a) 1 and 2 (b) 2 and 3
(c) 1, 2 and 3 (d) 2, 3 and 4
Q.9. In case of reparations for injuries suffered in the service of the United Nations, the International Court of Justice held that United Nations. Organisation_________?
(a) possesses a status equal to a sovereign state
(b) possesses the international legal capacity to make an international claim against a sovereign state
(c) possesses the status of a superstate
(d) has responsibility under International Law
Q.10. Irrespective of its rudimentary character, International Law is____________________?
(a) more honoured in the breach than in the observance
(b) more honoured in the observance than in the breach
(c) no law at all
(d) a code of ethics
Answers with Explanations
1.Correct Answer: C
Explanation- Contentious jurisdiction may be divided into the following two heads:
(1) Voluntary Jurisdiction
(2) Optional Jurisdiction
In accordance with Article 36 (1) of the statute of the International Court of Justice, the Court has jurisdiction over all such cases which the parties entrust to it and also those matters which are expressly mentioned to be within the jurisdiction under the United Nations Charter or under International Treaties. This type of Jurisdiction is called voluntary Jurisdiction.
Article 36 (2) of the Statute confers optional jurisdiction upon the court which provides that the existing parties to the statute may confer compulsory jurisdiction upon the court by making such declaration in respect of special agreement to the same effect. This is called optional jurisdiction of the court. Hence Option is C correct.
2.Correct Answer: D
Explanation- Yugoslavia has been expelled under Article-6 of the U.N. Charter.
According to Article-6 of a member of the United Nations which has persistently violated the principles contained in the present Charter may be expelled from the organisation by the General Assembly upon the recommendation of the Security Council. Hence Option is D correct.
3.Correct Answer: A
Explanation- The Latin American concept of ‘uti possidetis juris’ is related to succession to state property. Article 11 of the Vienna Convention on State properly Archives and Debts, 1983 provides that unless otherwise agreed the passing of state property will take place without compensation. Hence option A is correct.
4.Correct Answer: C
Explanation- The machinery for the enforcement of human right is most effective under the European Convention on Human Right. It provides for Committees Chamber and Grand Chamber Committees. Under it the State Parties may refer to the court and allege breach of the provisions of the convention and also a court may receive from any person non-government organisation or group of individuals claiming to be victims of their rights. Hence Option is C correct.
5.Correct Answer: B
Explanation- Principles of the multilateral treaty on Human Rights can be implemented by the Indian Courts even if India has not ratified it if the treaty is universally accepted by states. Hence Option is B correct.
6.Correct Answer: C
Explanation- Right of self-determination and Inherent right to life have been recognized under the International Covenant Civil and Political Rights, 1966. Hence Option is C correct.
7.Correct Answer: B
Explanation- An individual of any member state of the U.N. who feels to be the victim of the violation of human rights can send a petition to the commission through the Secretary-General of the U.N. The commission considers the petition, call for the comments of the State Government concerned and makes the recommendation for the protection of Human Rights. Hence Option is B correct.
8.Correct Answer: D
Explanation- Article II of the Genocide Convention defines the term ‘Genocide’. According to it, genocide means any of the following acts committed with the intention to destroy in whole or in part a national ethnical, racial or religious group as such: killing the member of the group; causing bodily or mental harm of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group. Forcibly transferring children of one group to another group. Hence Option is D correct.
9.Correct Answer: B
Explanation- In Reparation for injuries suffered in the service of U.N. the International Court of Justice held that the United Nations has the capacity to bring an international claim against the state for obtaining reparation when an agent of the U.N. suffers injury in the performance of his duties in circumstances involving the responsibility of a state. Hence Option is B correct.
10.Correct Answer: B
Explanation- International Law is a law in the true sense. As compared to Municipal Law it is definitely weak; nevertheless, it is the law. International Law is not very frequently violated Thousand of treaties have been concluded by the States, but the instances of their violation are very few. Rules regarding immunities provided to diplomatic agents are generally observed. Other rules of International Law including the laws of warfare are also observed usually. Hence Option is B correct.