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Q.1. When India and Pakistan became independent and the issue of succession in membership of the United Nations arose, India argued that she retained membership in the organisation because__________?
(a) both India and Pakistan succeeded to membership of British India in the United Nations
(b) India alone succeeded to the membership of the United Nations
(c) Pakistan alone succeeded to membership of the United Nations
(d) both India and Pakistan were required to seek fresh membership of the United Nations
Q.2. A member of the United Nation can be suspended from the exercise of the rights and privileges of membership by the __________?
(a) General Assembly
(b) Security Council
(c) General Assembly on the recommendations of the Security Council
(d) Security General on the recommendations of the Security Council
Q.3. The General Assembly of the United Nations passed Uniting for Peace Resolution on __________?
(a) November 10, 1950
(b) October 24, 1945
(c) July 20, 1963
(d) November 3, 1950
Q.4. Article 26 of the I.C.J. Statute provides for the formation to a composed of five judges at the request of the parties of the dispute. This procedure was adopted for the first time in the case of __________?
(a) Hostages
(b) Nicaragua
(c) Gulf of Maine
(d) Electronica Sicula S.P.A
Q.5. The judgement of International Court of Justice is to he signed ___________?
(a) by the President and Registrar of the Court
(b) by all the judges who heard the case
(c) only by the President of the Court
(d) only by the Registrar of the Court
Q.6. In which one of the following cases did the International Court of Justice refrain from giving its final judgement?
(a) Right of Passage case
(b) Nuclear Tests case
(c) Corfu Channel case
(d) None of the above
Q.7. John Austin has opined that ___________?
(a) International Law is private law ‘writ large
(b) International Law is a code of the rule of positive international morality
(c) International Law is law only courtesy
(d) International Law is the vanishing point of jurisprudence
Q.8. In the context of the sanctions contemplated by Article 5, 6, 41 and 42 of the Charter of the United Nations International Law is ___________?
(a) “Only set by general opinion and the duties which it imposes are enforced by moral sanctions” that is, it is “only positive morality and not positive law”
(b) “the vanishing point of jurisprudence”
(c) “the law in the making law struggling for existence”
(d) “as much law as any other law”
Q.9. Who among the following said that the law of nations is “the body of legal rules which apply between states and such entities as having been granted international personality”?
(a) Fenwick
(b) Oppenheim
(c) Schwarzenberger
(d) Verdross
Q.10. “An English Court could not give any effect to any rules of International Law unless such rule was proved to have been adopted by Great Britain in a positive manner.”
This was held by the Court in ___________?
(a) Lotus case, 1927
(b) R.V. Keyn (Franconia’s case) 1876
(c) Chung Chi Cheung V. the King, 1939
(d) Zamora case, 1916
Answers with Explanations
1.Correct Answer: B
Explanation- No succession takes place in respect of the membership of the United Nations. After the partition of India (into India and Pakistan), Pakistan claimed to have become u member of the United Nations through succession because India was an original member of the U.N. But this new view was rejected by General Assembly subsequently Pakistan had to apply for the membership and was admitted as a new member. Hence Option B is correct.
2.Correct Answer: C
Explanation- Article-5 of the Charter provides that a member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the right and privileges of membership by the General Assembly upon the recommendation of the Security Council. Hence Option C is correct.
3.Correct Answer: D
Explanation- Because of the conflict among the great powers, the Security Council proved to be the very weak organ for the maintenance of Peace and Security. So due to the initiative of America supported by other western countries, the General Assembly of the United Nations passed Uniting for Peace Resolution on November 3, 1950. Hence Option D is correct.
4.Correct Answer: B
Explanation- In this case, the court by granting an injunction restraining France from conducting planned nuclear tests made it clear by implication that a State is not authorised to do anything within its territory if it affects the health and well-being of other States. Hence Option B is correct.
5.Correct Answer: A
Explanation- The judgement of the International Court of Justice is to be signed by the president and the Registrar of the Court. Hence Option A is correct.
6.Correct Answer: B
Explanation- In the Nuclear Test case, the Court held that French Government should avoid nuclear test causing the deposit of Radios-active fall out an Australian territory. Subsequently, however, this case was dropped as the President of France informed the court that in the future France would not conduct any atmospheric test. Hence Option B is correct.
7.Correct Answer: B
Explanation- According to Austin, International Law cannot be called law proper in the true sense, because it has neither sovereign legislative authority to enact law nor there is an adequate sanction behind it. Moreover, there is no enforcement agency which can enforce it as a body of rules. The rules commonly called International Law, are in fact the rules of ‘positive morality’ the rules are analogous to the rules binding a club or society. Hence Option B is correct.
8.Correct Answer: D
Explanation- Sanctions in UN„ as adverse public opinion expediency, the possibility of imposition of economic sanction, fear of suspension or breaking off diplomatic relations, possibility of referring the matter or dispute to the U.N. or specialized agencies of the U.N. fear of suspension or expulsion from membership of the U.N. or other international organisations, fear of punishment of war crimes, fear of payment of reparation etc. also operate as sanctions behind International Law. Hence Option D is correct.
9.Correct Answer: C
Explanation- According to Schwarzenberger, International Law is the body of legal rules which apply between sovereign states and such other entities as have been granted international personality. Unlike Starke, Schwarzenberger very rightly preferred not to name the entities whose rights and duties are regulated by International Law. Hence Option C is correct.
10.Correct Answer: C
Explanation- In Chung Chi Cheung vs. the King, (1939), it was held by the court that an English Court could not given any effect to any rules of International Law unless such rule was proved to have been adopted by Great Britain in a positive manner. Hence Option C is correct.