Public International Law MCQ | (19)

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Q.1. A company registered in the Turkish Republic of Northern Cyprus, a State not recognised by the UK, sought to intervene in the judicial proceedings in the UK. The UK Court shall allow the company to do so by applying the doctrine of________?

(a)    de facto control recognised by the British Foreign office

(b)   delegated sovereignty recognised under a British statute

(c)    mitigation of consequences of non-recognition for in individuals recognised under a British stature

(d)   ‘settled legal system’ recognised under a British statute

 

Q.2. Consider the following statements:
A Successor State is bound by :
  1. treaties of alliance
  2. treaties of commerce and trade
  3. boundary treaties
  4. treaties concerning territorial matters

Which of these statements is/are correct?

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

(c) 3 only                                                                (d) 2 only

 

Q.3. Which of the following rights and duties do not continue to apply in State succession?

(a)    Local rights and duties

(b)   Fiscal property debts

(c)    Succession to property in foreign States

(d)   Political rights and duties

 

Q.4. The power of deliberation by the General Assembly of any matter with in the Charter of the General Assembly of the United Nations is_______________?

(a)    unlimited under all circumstances

(b)   dependent on consent by the State concerned

(c)    restricted when the Security Council is already considering the same matter

(d)   dependent on the nature of the matter

 

Q.5. The Primary responsibility to establish international peace and security rests with the _____?

(a)    General Assembly

(b)   Security Council

(c)    Economic and Social Council

(d)   Trusteeship Council

 

Q.6. Consider the following resolutions:
  1. Uniting for Peace Resolution
  2. Resolution on Enhancing the Effectiveness of the Prohibition of the Use of force
  3. Definition of Aggression
  4. Resolution of Permanent Sovereignty over Natural Resourees

The correct choronological order in which these resolutions were adopted by the U.N. General Assembly is _______

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

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

 

Q.7. Assertion (A) : The International Court of Justice in case of the Aerial Incident of August 10, 1999 decided that it did not have jurisdiction to adjudicate the case brought by Pakistan against India.
Reason (R) : One of the reservations in India’s declaration of acceptance of compulsory jurisdiction of the Court indicated that it would consider disputes with any State which is a member of the Commonwealth of Nations as excluded from the Court’s jurisdiction and Pakistan is a member of Common-wealth

(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) : Supporters of realist theories argue that the real importance of international law lies in the validity of its claim to be law.
Reason (R) : That it is accepted as a major influence on international politics is enough to justify the existence of International Law.

(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) : Article 6 of the U.N. Charter provides that a member of the U.N. which had persistently violated the principles contained in the present charter may be expelled from the UNO by the General Assembly on the recommendation of the Security Council.
Reason (R) : Since expulsion of a member is a substantial question under the Charter, a decision on it will require nine affirmative votes of the Security Council including those of the permanent members and a decision by the General Assembly with two-thirds majority.

(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. Which one of the following pairs is not correctly matched?

(a) St. Thomas Aquins                                                  Natural law

(b) Kelsen                                                                        Monism

(c) Austin                                                                        Positivism

(d) Grotius                                                                      Sovereignty of State

 

 

 

 

 

 

Answers with Explanations

1.Correct Answer: A

Explanation- De facto recognition is given because it is doubted that the stale recognised may not be stable or it may not be able and willing to fulfil its obligations under International Law. De facto recognition means that the state recognised possesses the elements of statehood and is fit to be a subject of International Law. Hence Option A is correct.

 

2.Correct Answer: C

Explanation- A succession does not affect as such a boundary established by a treaty. Article 11 of the Vienna Convention of 1978 provides that a succession does not affect as such a boundary established by a treaty. Hence Option C is correct.

 

3.Correct Answer: D

Explanation- No succession takes place in respect of political rights and duties. Hence succeeding state is not bound by the political treaties of the former state such as treaties of peace or neutrality. Hence Option D is correct.

 

4.Correct Answer: C

Explanation- The power of deliberation by the General Assembly of any matter within the Charter of the General Assembly of the United Nations is restricted when the Security Council is already considering the same matter. Hence Option C is correct.

 

5.Correct Answer: B

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. The Security Council has the primary responsibility for the maintenance of International peace. Hence Option B is correct.

 

6.Correct Answer: A

Explanation- The correct chronological order in which these resolutions were adopted is given below:

Resolution                                                                                                                       year
Uniting for Peace Resolution                                                                                       1950
Resolution of Permanent Sovereignty over Natural Resources                            1970
Definition of Aggression                                                                                               1974
Resolution on enhancing the effectiveness of the Prohibition of use of force

Hence Option A is correct.

 

7.Correct Answer: A

Explanation- Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’. Article (2) (1) of the Vienna Convention on the law of treaties, defines the term ‘reservation’ in the following words :

“Reservation is an unilateral statement …… made by a state when signing, ratifying, accepting, approving or acceding to a treaty whereby it purports to exclude or modify the effect of certain provisions of the treaty in their application to the state.” Hence Option A is correct.

 

8.Correct Answer: A

Explanation- Both ‘A’ and ‘R’ are true and ‘R’ explains ‘A’ correctly. Because according to the realistic theory that the real importance of International Law lies in the validity of its claim to be law. It has a major influence on the International Politics, it justifies the existence of International Law. Hence Option A is correct.

 

9.Correct Answer: A

Explanation- Both (A) and (R) are correct and (R) is the correct explanation : of (A).

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 since expulsion of a member is a substantial question therefore it require the majority of members of Security Council including the five affirmative votes of permanent members also, And with a decision of General Assembly passed by two-third majority. Hence Option A is correct.

 

10.Correct Answer: D

Explanation- Grotius, the Father of International Law, based the 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 the child. Hence Option D is correct.