Public International Law MCQ | (17)

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Q.1. Assertion (A): Since the adoption of the Universal Declaration of Human Rights in 1948, there is a significant change in its basic political concept of guaranteeing the fundamental freedoms of the individual against the ‘Acts of State’.
Reason (R): The majority of Nation-States attained independence and the change in the attitude of man has led to such a change.

(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. Assertion (A): Committee on Economic, Social and Cultural Rights is an autonomous and independent body.
Reason (R): The members of the Economic and Social and Cultural Committee are elected by the Economic and Social Council.

(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.3. Which one out of the following pairs is not properly matched?

(a)    Analytical school—-Bentham

(b)   Historical school—-Henry Maine

(c)    Sociological school—-Grotius

(d)   Philosophical school—-Fichte

 

Q.4. Consider the following statements:
The Universal Declaration of Human Right contains
1.         Civil and Political Rights
2.         Economic, Social and Cultural Rights
3.         Rights of the Groups
Which of these statements is/are correct?

(a) 1, 2 and 3                                                     (b) 2 and 3

(c) 1 and 3                                                          (d) 2 only

 

Q.5. Which of the following pairs of Human Right corresponding provisions of the International Covenant on Civil and Political Rights is not correctly match:

A. People’s right to                                                                1.  Article
B. Inherent right to life                                                          2.  Article
C. Right not to be subjected to arbitrary                           3.  Article
D. Right not to be subjected to tort                                 4.  Article 14 cruel, inhuman or degrading treatment

 

Q.6.  Consider the following rights stated in the International Covenant on Economic, Social and Cultural Right:
1.  Right to work
2. Right to education
3. Right to take part in cultural life and to enjoy the benefits of scientific progress
4. Right to form trade unions
The correct order in which these find place in the Covenant is :

(a) 1, 2, 4, 3                                                                           (b) 3, 4, 2, 1

(c) 1, 4, 2, 3                                                                            (d) 3, 2, 4, 3

 

Q.7. Assertion (A): The International Court of Justice has jurisdiction over the areas common to the litigants declarations.
Reason (R): This is the effects of the Principle of reciprocity

(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.8. Assertion (A): States have to make declarations before they can really on Article 36 (2) of the International Court of Justice Statute.
Reason (R): The optional system of jurisdiction only operates between the participants inter se.

(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.9. Assertion (A): The International Court of Justice will not give an advisory opinion on issues having political significance.
Reason (R): The Court is not concerned with, the motives of a request.

(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): The Universal Declaration of Human Rights is an important instrument of human rights.
Reason (R): Not being a treaty, the declaration is not legally binding on States.

(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: A

Explanation- Both ‘A’ and ‘R’ are true and ‘R’ also explains ‘A’ correctly. It is true that the Universal Declaration of Human Rights, 1948, has been hailed as a victory of individuals in respect of Human Rights. This is because the majority of Nations-Status attained independence and the change in the attitude of man has led to such a change. Hence Option A is correct.

 

2.Correct Answer: D

Explanation- Here ‘A’ is false but ‘R’ is true because the committee on Economic, Social and Cultural Rights is not an autonomous and independent body but the members of the Economic and Social and Cultural Committee are elected by the Economic and Social Council. Hence Option D is correct.

 

3.Correct Answer: C

Explanation- Grotius, the father of International Law based principles of International Law on the law of nature According to him, human nature was the grandmother  Natural law was the parent and positive law was child  Ehrlic, Gurvitch, Comte, Herbert Spencer, G. Ihring, Duguit were main followers of Sociological school. Hence Option C is correct.

 

4.Correct Answer: A

Explanation- Provisions of the Universal Declaration of Human Right may be classified into four categories- General, Civil and Political Rights, Economic Social and Cultural Rights, Concluding Articles, Hence Option A is correct.

 

5.Correct Answer: D

Explanation- Article 14 provides the right to equality before the Courts and tribunal; the right of the fair and public hearing and the right of everyone charged with a criminal offence to be presumed innocent until proved guilty according to law. Hence Option D is correct.

 

6.Correct Answer: C

Explanation- The correct order in which these find a place in the conversant is given below :

Rights                                                                                                                                                Article
Right to work                                                                                                                                      Article 6
Right to form trade union                                                                                                                 Article 8
Right to education                                                                                                                            Article 13
Right to take part in cultural life and to enjoy the benefits of scientific progress                  Article 15

Hence Option C is correct.

 

7.Correct Answer: C

Explanation- Article 36 (3) provides that the declaration referred to in Article 36 (2) may be made unconditionally or on reciprocity on the part of several or certain status or for a certain time. Thus, it is clear that litigants declaration may also be unconditional and so it is true that it is only the effect or reciprocity. Hence Option C is correct.

 

8.Correct Answer: A

Explanation- Both ‘A’ and ‘R’ are true and ‘R’ is the correct explanation of A.

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 any other state which also accepts similar obligations. This can be done without any special agreement to the same effect. Hence Option A is correct.

 

9.Correct Answer: A

Explanation- Both ‘A’ and ‘R’ true and ‘R’ is the correct explanation of ‘A ‘ because :

Article 65 of the statute of the International Court of Justice provides that the Court may give an advisory opinion on any ‘legal question’ at the request of whatever body may be authorised by or in accordance with the Charter of the U.N. to make such a request. Hence Option A is correct.

 

10.Correct Answer: C

Explanation- ‘A’ is true but ‘R’ is false.

Article 55 charges the U.N. to promote “universal respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. “This provision is further strengthened by Article 56 under which “All members pledge themselves to take joint and separate action in co-operation with the organisation for the achievement of the purposes outlined in Article 55. Thus, Article 55 and 56 bind member states to observe and respect human rights. Hence Option C is correct.

 

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