Are you a serious Judicial Services Aspirant?
If yes and you are looking for a dedicated Judicial Services Mentorship program that includes Mains Answer Writing practice and Classes, kindly know our full program details on this webpage. The Best Plan for Judicial Services Preparation
Q.1. ‘Law of Nations or International Law is the name for the body of customary and treaty rules which are considered legally binding by civilised States in their intercourse with each other. ‘This definition was given by:
(a) Brierly (b) Starke
(c) Oppenheim (d) Huges
Q.2. Pacta sunt servanda means ________?
1. treaties have to be observed
2. treaties are a source of International Law
3. treaties are law binding
4. treaties have validity in International Law
Select the correct answer using the codes given below:
(a) 2 alone (b) 1 alone
(c) 3 and 4 (d) 1, 3 and 4
Q.3. The phrase, general principles of law recognised by civilised nations’ in Article 38 (1) (c) of the Status of International Court of Justice helps the international tribunal to :
(a) incorporate common principles reflecting the consensus of nations
(b) incorporate common principles followed by the major power
(c) incorporate provisions contained in documents of regional organisations
(d) ignore certain practices of some nation as in the process of interpretation
Q.4. Which one of the following pairs is NOT correctly matched?
(a) Conditions for recognition of Statehood: Kelsen
(b) Constitutive theory of recognition: Oppenheim
(c) Declaratory theory: Anzilloti
(d) Facultative theory: Podesta Costa
Q.5. In which one of the following cases, it was observed that recognition was NOT necessary for a State to acquire international personality?
(a) Tinoco Arbitration (b) Kutch Arbitration
(c) Palmas Arbitration (d) Alabama Arbitration
Q.6. Which one of the following is not correct?
State sus session involves :
(a) a definite replacement of one State by another
(b) a definite replacement of one State by another in respect of sovereignty over a given territory
(c) Change of governments
(d) One State acting as the delegate or agent of another for legal purpose
Q.7. Which one of the pairs is correctly matched?
(a) Apartheid: Treating all the people as equals
(b) Article 38 of the Statute of ICJ: Sources of International Law
(c) The number of judges constituting of CJI: 20
(d) The seat of International Court of Justice: Paris
Q.8. Which one of the following expressions is not appropriate when we deal with the responsibilities of the Security Council under Chapter VII of the United Nations Charter?
(a) Investigative action
(b) Preventive action
(c) Enforcement action International
(d) Administrative action
Q.9. The committee on the elimination of all forms of discrimination against women_______?
(a) the committee on the elimination of all forms of discrimination against women
(b) after examining the reports from the State parties may make suggestions and general recommendation to the Secretary-general of U.N.
(c) may comment upon violation of the convention by a State party
(d) does not have any role in the machinery envisaged by the convention on the elimination of all forms of discrimination against women
Q.10. The International Court of Justice consists of_______________?
(a) the President and 15 other members
(b) the President, the Vice-president and 15 other members
(c) the President, the Vice-President and 14 other members
(d) the President, the Vice-President and 13 other members
Answers with Explanations
1.Correct Answer: C
Explanation- In the ninth edition of Oppenheim’s book (1992) the term ‘International Law’ has been defined differently after taking into account the new developments: “International Law is the body of rules which are legally binding on states their intercourse with each other. These rules are primarily those which govern the relations of States, but states are not the only subjects of International Law. International Organisations and, to some extent, also individuals may be subject to rights conferred and duties imposed by International Law. Hence Option is C correct.
2.Correct Answer: B
Explanation- Pacta sunt servanda means agreements entered into by the states must be followed by them in good faith. In the view of Italian Jurist Anziliotti, ‘Pacta sunt servanda’ is the basis of the binding force of international law. States are bound to fulfil in good faith the obligations assumed by them under agreements. Hence Option is B correct.
3.Correct Answer: A
Explanation- This is an important source of law through which International Law adopts itself in accordance with the changing times and circumstances. It describes an inexhaustible reservoir of legal principles from which the tribunals can enrich and develop public International Law. Res judicata, estoppel etc. are examples of the general principles of law recognized by civilized states. Hence option A is correct.
4.Correct Answer: C
Explanation- Oppenheim, Hegel, Anzilloti and Holland etc. are the chief exponent of constitutive theory. Hence Option is C correct.
5.Correct Answer: A
Explanation- In the Tinoco Arbitration Great Britain Costa Rica (1923), Mr Traft Arbitrator recognised the principle of the continuity of the State. Though the government changes but the nations remain with rights and obligations. Hence Option A is correct.
6.Correct Answer: C
Explanation- Change in the Government of a State does not affect the legal personality of the State, The new government succeeds in the rights and obligations to the predecessor Government. Hence Option is C correct.
7.Correct Answer: B
Explanation- Article 38(1) of the Statute of International Court of Justice provides sources of international law. The International Court of Justice consists of 15 judges. The seat of the International Court of Justice is in Hague. Apartheid can rightly be characterized in International law, like slavery, genocide gross violation of human rights and exploitation of the workers. Hence option B is correct.
8.Correct Answer: D
Explanation- Chapter VII of the Charter deals with the action with respect to threats, breach of peace and acts of aggression and confers upon the Security Council-wide powers in this respect. Hence Option D is correct.
9.Correct Answer: C
Explanation- The committee on the elimination of all forms of discrimination against women may comment upon violation of the convention by a State party. Hence Option C is correct.
10.Correct Answer: D
Explanation- The International Court of Justice consists of 15 Judges including the President and Vice-President. All the decisions of the court are made on the basis of the majority of the judges. The President of the court is empowered to give a casting vote in case of a tie. Hence Option D is correct.