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Q.1. Consider the following statements:
1. International law is positive morality
2. The consensul theory describes accurately the reality of law.
3. International law lacks many of the formal institutions present under national law.
Which of the statements given above is/are correct?
(a) 1 and 2 (b) 2 and 3
(c) 1 and 3 (d) 3 only
Q.2. Consider the following statements:
Where customary law and treaty law stipulate the same or similar legal obligations:
1. State party to the treaty is bound by treaty law alone
2. State party to the treaty is bound by both custom and treaty laws
3. non-parties are bound by treaty law
4. supers powers can disregard both custom and treaty laws
Which of the statements given above is/are correct?
(a) 1 and 2 (b) 3 and 4
(c) 2 only (d) 1 only
Q.3. Which one of the following statements is correct?
The concept of jus cogens is understood and applied in the sense that it is a :
(a) premptory norm of International Law to be developed at a future time
(b) permemptory norm from which no derogation is permitted and which can be modified by a subsequent norm of general international law having the same character
(c) long established rule of international law which cannot be violated
(d) rule development by the consent of signatory of treaties to set aside the rules laid down in the treaty
Q.4. Which one of the following statements is correct?
In view of the two world courts, the decisions of municipal courts:
(a) constitute as a customary source of International Law
(b) constitute as subsidiary means of International Law
(c) are useful only for reference between particular States
(d) are not useful at all
Q.5. “Private rights acquired under existing law do not cease on change of sovereignty” was held in_____________?
(a) Chorzow Factory Case
(b) German Settlers in Poland case
(c) Moverammatis Palestine Concession case
(d) Robert E. Brown Case
Q.6. In Adams v. Adams case, a U.K. Court was required to recognize a divorce granted in Southern Rhodesia. At that time the U.K. had not recognized that country as a sovereign State. The Court:
(a) recognized the divorce decree by applying the principle of private International Law
(b) recognized the divorce decree by applying the doctrine of acts of a delegated sovereign
(c) refused to recognize the divorce decree by relying on the executive certificate
(d) refused to recognize the divorce decree by applying the doctrine of retroactivity
Q.7. Consider the following statements:
1.General Assembly resolutions are of no legal significance
2.General Assembly resolutions are legally binding on members in procedural matters
3.General Assembly resolutions are legally binding on members in procedural matters
4.General Assembly resolutions are recommendatory in character
Which of the statements given above are correct?
(a) 1, 2, 3 and 4 (b) 1, 2 and 3
(c) 2, 3 and 4 (d) 1 and 4
Q.8. Which one of the following Articles of the United Nations Charter authorizes the General Assembly to establish subsidiary organs for its performance?
(a) Article 19 (b) Article 20
(c) Article 21 (d) Article 22
Q.9. Select the correct sequence in which the given principles have been set forth in Article 2 of the UN Charter?
(a) Peaceful settlements of disputes – Fulfilment in good faith of obligations contained in the Charter – Sovereign equality of States – Prohibition on use of force
(b) Sovereign equality of States – Prohibition on use of force – Peaceful settlements of disputes – Fulfilment in good faith of obligations contained the Charter
(c) Peaceful settlements of disputes – Prohibition on use of force – Sovereign equality of States – Fulfilment in good faith of obligations contained in the Charter
(d) Sovereign equality of States – Fulfilment in good faith of obligations contained in the Charter – Peaceful settlements of disputes – Prohibition on use of force
Q.10. Consider the following statements:
1.In the International Court of Justice, any two or more of the 15 members can be national from the same State
2.A person who for the purposes of membership in the International Court of Justice could be regarded as a national of more than one State shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only
(c) Both 1 and 2 (d) neither 1 nor 2
Answers with Explanations
1.Correct Answer: D
Explanation- International Law is not a positive morality:
A rule of morality applies to conscienca and is, therefore, not binding. On the other hand, a rule of law is binding and can be enforced by an external power. Most of the jurists agree that International Law has a binding nature whereas the rule of morality is simply a standard of right behaviour based on the personal judgements. International Law lacks many of the formal institutions present under the national law. It lacks effective authority to enforce its rules. It lacks effective legislative machinery. The International Court of Justice has no compulsory jurisdiction in the true sense of the term. The sanctions behind International Law are very weak It cannot intervene in matters which are within the domestic jurisdiction of states International Law has field to maintain order and peace in the world. Hence Option D is correct.
2. Correct Answer: D
Explanation- Where customary Law and treaty law stipulate the same or similar legal obligations the state party to the treaty is bound by treaty law alone. Hence Option D is correct.
3. Correct Answer: B
Explanation- The provision relating to Jus Cognes is one of the most controversial provisions incorporated in the Vienna Convention on the law of Treaties, 1969, Article 53 of the Vienna Convention provides that a treaty is void, if at the time of its conclusion, it conflicts with a peremptory non of general international law. A peremptory norm of general international law is a norm accepted and recognised by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character. Hence Option B is correct.
4. Correct Answer: A
Explanation- Customary rules of International Law have developed in the following three circumstances:
(a) Diplomatic relations between states.
(b) Practice of Organs of International Institutions
(c) State laws, divisions of the state’s courts and state’s parliamentary or administrative practices.
Thus, the decisions of municipal courts are constitute as customary source of International Law. Hence Option B is correct.
5. Correct Answer: B
Explanation-Chorzowe Factory Case [Pub. P.C.I.J. (1938), Series A, No. 17]
In this case, the Permanent Court of International Justice applied the principle of res judicata also held that one who violates a rule is liable to make reparation. German Settlers in Poland [P.C.I.J. (1023), Series B. No. 6] In this case, Permanent Court of International Justice, in its advisory opinion, held that private rights do not end by the change of the sovereignty. Moverammattis Palestine Concession case Pub. P.C.I.J. (1924) Series A. No. 2] In this case, the court appllited the general principal of subrogation. Hence Option B is correct.
6. Correct Answer: D
Explanation- An unrecognized State cannot sue in the courts of non-recognising State. The Courts of latter State cannot give effect to legislative and executive acts of the former State. Thus, in Adams v. Adams [1970] 3 All. ER, 572, the English Courts refused to recognize a Rhodesian divorce decree. Hence Option D is correct.
7. Correct Answer: C
Explanation- Ordinarily, a General Assembly resolution is not binding and does not create legal implications. It is recommendatory in nature. But the position will he different of a resolution is unanimously passed or is recited again and again numerous times and is passed with overwhelming majority. Such a resolution may create legal implication. So is the case with a resolution announcing in abstract form a rule governing state conduct is capable of creating obligations and implications of law, it can be served as a law creating mechanism. Moreover, a resolution which has formulated general principal of international conduct or authoritatively interpreted the U.N. Charter may fairly claim to have further progressive development of International Law. Hence Option C is correct.
8. Correct Answer: D
Explanation- The General Assembly is entitled to formulate its own rules and procedures under [Article 21]
The General Assembly is also empowered to establish subsidiary organs for the performance of its functions under [Article 22]. Hence Option D is correct.
9. Correct Answer: D
Explanation- The correct sequence in which the given principles have been set forth in the Article 2 of the U.N. Charter in the following order:
- Sovereign equality of States
- Fulfilment in good faith of obligations contained in charter
- Peaceful settlements of disputes
- Prohibition on use of force
- Provides assistance in an action in accordance with present charter
- to ensure the non-member states act accordance with its principles
- Non-intervention in domestic matters of a state
Hence Option D is correct.
10. Correct Answer: A
Explanation- Only option (1) is correct because in the International Court of Justice, any two or more of the 15 members can be nationals from the same state. Hence Option A is correct.