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Q.1. Assertion (A): States which are party to the International Covenant on Civil and Political Rights are now bound to take all necessary measures to abolish the death penalty within their jurisdiction.
Reason (R): The Second Optional Protocol to the International Government on Civil and Political Rights abolishing the death penalty came into force on July 11, 1991.
(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): The jurisdiction and scope of International Law are different from Municipal Law.
Reason (R): International Law protects the rights of the State and individuals all over the globe and strives to build ‘one world’.
(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. The United Nations Commission on Human Rights was established by the_________?
(a) General Assembly
(b) Economic and Social Council
(c) Security Council
(d) Secretariat
Q.4. Consider the following Articles of the Charter of the United Nations:
1. Promotion of Universal Respect of Human Rights.
2. Promotion and Encouragement of Respect for Human Rights and Fundamental Freedom.
3. The General Assembly initiates studies relating to Human Rights.
4. All members co-operate with the organisations.
The correct sequence of these Articles in increasing order of their Article Number in the Charter is:
(a) 2, 3, 1, 4 (b) 4, 3, 1, 2
(c) 2, 1, 3, 4 (d) 4, 1, 3, 2
Q.5. According to the Italian Jurist Anzilloti, a positivist, the binding force of International Law is founded on the supreme principle of________?
(a) jus cogens (b) rebus sic stantibus
(c) Pacta sunt servanda (d) quid pro quo
Q.6. Which one of the following is the definition of International Law given by Brierley?
(a) International Law consists of certain rules of conduct which modern civilized States regard as binding on them in their relations with one another.
(b) The Law of Nations or International Law may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with one another
(c) By the Law of Nations or International Law, should be understood the sum of rules of conduct by various nations in their relations with one another
(d) International Law or the law of Nations is the name of a body of rules which according to the usual definition regulate the conduct of the States in their intercourse with one another
Q.7. Consider the following statements: Prof. Oppenheim’s definition of International Law the name for the body of customary and conventional rules which are considered legally binding by civilizing States in their intercourse with each other (1905) suffered from vices of __________?
1. not recognizing the sovereignty of States
2. insistence of inclusion of ‘Civilised’ States only
3. non-inclusion of individuals and other persons a subject
4. non-recognition of other sources of International Law
Which of these statements are correct?
(a) 1 and 4 (b) 2 and 4
(c) 1, 2 and 3 (d) 2, 3 and 4
Q.8. Consider the following statements in relation to U.N. General Assembly resolutions:
1. Resolutions dealing with substantive questions of International Law are binding
2. Resolutions concerned with the internal working of the United Nations are binding
3. Resolutions may be declaratory of existing customary International Law
4.Unanimous resolutions of General Assembly constitute a direct source of International Law
Which of these statements is/are correct?
(a) 1, 2 and 4 (b) 1 and 3
(c) 2 only (d) 2 and 4
Q.9. The following are recognised as sources of International Law under Article 38 of the Statue of International Courts of Justice_______?
1. International Conventions
2. International Committee
3. Decision by municipal courts
4. Teachings of highly qualified jurists
Which of these statements are correct?
(a) 2, 3 and 4 (b) 1 and 3
(c) 1 and 2 (d) 1, 3 and 4
Q.10. Which one of the following is not an essential condition for the recognition of belligerents?
(a) Armed conflict should be of the general character
(b) Belligerents occupy and administer a portion of the national territory
(c) The belligerent authority should be an absolute sovereign
(d) Belligerents have the capacity and will so undertake international obligations
Answers with Explanations
1.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ also explains ‘A’ correctly. Because, on December 15, 1989, the General Assembly adopted the second optional protocol to the international covenant on Civil and Political Rights aiming at the abolition of the death penalty. It came into ‘force on July 11, 1991. At present, it has 33 parties. According to Article 6 of the Covenant which deals with every human beings inherent, right to life includes the abolition of the death penalty and also expressly deals with it. Hence Option A is correct.
2.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ is the correct explanation of ‘A’.
While International Law is applied in the relations of the states and to other subjects of International Law, Municipal Law is applied within a state to the individuals and corporate entities. International Law protects the rights of the states and individuals all over the globe and strives to build one world state law that protects the individuals which are under its territorial boundaries. Hence Option A is correct.
3.Correct Answer: B
Explanation- The Commission on Human Rights was established by the Economic and Social Council in February 1946. Hence Option B is correct.
4.Correct Answer: B
Explanation- Human Rights occupy a significant place in the U.N. Charter. The correct sequence of these Articles in increasing order of their Article Number in the Charter is :
Article 1 (3) of the Charter provides for international co-operation in solving international problems of economics, social and humanitarian character.
Article 13 provides that the General studies shall initiate studies relating to Human Rights and fundamental freedoms for all without distinction as to race, sex, language or religion.
Article 62 and 68 real firms the commitment of the U.N. to promote and encourage respect for human rights and fundamental freedoms for all. Hence Option B is correct.
5.Correct Answer: C
Explanation- According to Anzillotti, the binding force of international law is founded on the fundamental principles known as ‘Pawl sunt survanda’, which means that the agreements entered into by the states must be followed by them in good faith. Hence Option C is correct.
6.Correct Answer: B
Explanation- According to J.L. Brierly: “The Law of Nations or International Law may be defined as the body of rule and principles of action which are binding upon civilized States in their relations with one another”. Gray defines International Law in the following words “International Law or the Law of Nations is the name of body of rules which according to the usual definition regulate the conduct of the states in their intercourse with one another.” Hence Option B is correct.
7.Correct Answer: D
Explanation- Oppenheim’s definition, given in 1905, was considered appropriate at one time is now subject to severe criticise This definition can be subjected following criticism:
It is now generally recognised that not only states but international organisations have also certain rights and duties under International Law. it is also recognised that to some extent individuals have some rights and duties under International Law. It is also recognised that International Law consists not only of customary and conventional rules but also of general principles of law recognized by civilized states. The use of the term ‘civilized states’ has also been criticized A few decades ago western status regarded only the Christian States as ‘civilized’ states For being considered ‘civilized neither long history nor culture was the criterion. Hence Option D is correct.
8.Correct Answer: C
Explanation- Ordinarily a General Assembly resolution is not binding and does not create legal implications. It is recommendatory in nature But resolutions concerned with the internal working of the United Nations are binding. Hence Option C is correct.
9.Correct Answer: D
Explanation- Article 38 of the Statute of the International Court of Justice recognises the following sources as the source of International Law:
International Treaty and Convention
Customs
General Principles of law
Decisions of Judicial or arbitral tribunals
Hence option D is correct.
10.Correct Answer: D
Explanation- Following are essential conditions for recognition of belligerency:
The armed conflict should be of general character
The insurgents should occupy and administer a considerable portion of the national authority.
They should conduct hostilities through armed forces under a responsible authority and in accordance with the rules of war.
The hostilities should be of such magnitude that it may become necessary for the foreign state to define their attitude towards the belligerents and the established government. Hence Option D is correct.