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Q.1. Which one of the following doctrines requires that the parties to a treaty are bound to observe it terms in good faith?
(a) The Drago doctrine
(b) Right of asylum
(c) Doctrine of equality
(d) Pacta Sunt Servanda
Q.2. Which one of the following pairs is correctly matched?
(a) Custom Source of International Law and Municipal Law
(b) Conventions Source of Municipal Law
(c) Constitution Source of International Law and Municipal Law
(d) Usage and Legislation Source of International Law and Municipal Law
Q.3. The general principles of law recognised by civilised nation mean ___________?
(a) general principles of International Law
(b) general principles of Municipal Law which can be applied in the International sphere
(c) general principles of natural law
(d) general principles of law recognised by U.N.O.
Q.4. In Paquete Habana case which of the following judgements were made by the court?
1. International Law is a part of the law of United States.
2. The fishing vessels are exempt from capture during war.
3. In no circumstances the fishing vessels could be destroyed.
4. The works and opinions of jurist could be resorted to for the evidence of customs and usages.
Select the correct answer from the codes given below:
Codes:
(a) 1, 2 and 4
(b) 2, 3 and 4
(c) 1, 3 and 4
(d) 1, 2 and 3
Q.5. Assertion (A) : International Law is not law at all.
Reason (R) : International Law has no judicial system to enforce the law by applying sanctions.
(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.6. Consider the following statements:
According to the Naturalist School of International Law
1. Rules of International Law denote the ideal law founded on the nature of man as reasonable being
2. Rules of International Law are the body of rules which nature dictates to human reason.
3. International Law derived its binding force from the fact that it was mere application to particular circumstances of the “law of nature”.
4. The concept of International Law and Natural Law is identical as both are based on reason and justice.
Of these statements:
(a) 2 and 4 are correct
(b) 1, 2 and 3 are correct
(c) 1 and 3 are correct
(d) 1, 2, 3 and 4 are correct
Q.7. To be subject of International Law an entity should be endowed with _________?
(a) The procedural privilege of prosecuting a claim before an international tribunal
(b) Capacity to conclude treaties
(c) Interests for which provision is made by International Law and capacity to conclude treaties
(d) Right and duties under International Law which vest it with the right to sue and be sued, capacity to enter into treaties and be holder of certain interests
Q.8. “The best evidence for the existence of International Law is that every State recognises that it does exist and that it is itself under obligation to observe it”. The above statement was made _____________?
(a) Sir Frederick Pollock
(b) Brierly
(c) Corbett
(d) De Visscher
Q.9. “Pacta Sunt Servanda” means ____________?
(a) treaties are accepted in good faith
(b) treaties are revocable
(c) treaties are irrevocable
(d) treaties are not binding
Q.10. Which one of the following is relatively the most important source of international Law?
(a) Treaties
(b) Judicial Decision
(c) Custom
(d) The general principles of Law
Answers with Explanations
1.Correct Answer: D
Explanation- According to Anzillotti, the binding force of International Law is founded on the principles known as, ‘Pacta Sunt Servanda’, which means that the agreements entered into by the States must be followed by them in good faith. Hence Option D is correct.
2.Correct Answer: A
Explanation- Custom is the source of both International and Municipal Law. Custom is a habit which has been repeated for a long time and has ultimately assumed the force of law. Hence option A is correct.
3.Correct Answer: B
Explanation- The general principles of law are those principles which are recognised by most of civilized States. When the court finds that a principle has received general recognition the court may apply it as a principle of International Law. Res judicata, estoppel etc. are examples of the general principles of law are those which are recognised by civilized States. Hence option B is correct.
4.Correct Answer: C
Explanation- In Pacquete Habana case (US. Supreme Court, 1900) the court examined State Laws and practices, treaties, writing of publicists evidencing usage and decisions of court and held that these materials uniformly proved the existence of a valid customary rule giving immunity to small fishing vessels, honestly pursuing their calling from belligerent capture in time of war. This is the ancient custom which has been recognized by all civilized, nations. Hence Option C is correct.
5.Correct Answer: D
Explanation- ‘A’ is false but ‘R’ is true.
International Law is a law in its true sense. As compare to Municipal Law it is definitely weak nevertheless it law. It is true that International Law has judicial system enforce law. But International Law is not without sanctions although these sanctions are not generally for enforcement of International Law. Hence option D is correct.
6.Correct Answer: B
Explanation- According to the exponents of this theory, International Law is a part of the law of nature. State follow International Law because it is a part of the law of nature which is a higher law. According to Grotius, natural law is the dictate of right reason. His followers applied the law of nature as the ideal law founded on the nature of man as a rational being. International Law was considered binding because it was in fact, natural law applied to special circumstances. Hence Option B is correct.
7.Correct Answer: D
Explanation- J.G Starke has defined the term “Subject of international Law” as possessing three main attributes:
(i) incumbent of right duties
(ii) Holder of procedural capacity for enforcing a claim before an international tribunal
(iii) Possessor of interest for which provision is made by International Law
8.Correct Answer: B
Explanation- According to Brierly, “There are some causes co-operated to make it certain that the separate State could never be accepted as the final and perfect form of human association and that in the modern as in the medieval world It would be necessary to recognise the existence of a wider unity. The rise of International Law was the recognition of this truth. Hence Option B is correct.
9.Correct Answer: A
Explanation- Pacta Sunt Servanda, which means ‘States are bound to fulfil in good faith the obligations assumed by them under treaties. The central position of the good faith principle in the concept of Pacta Sunt Servanda. Hence Option A is correct.
10.Correct Answer: A
Explanation- In the modern period, international treaties are the most important source of international Law. Article 38 of the statute ICJ lists ‘international conventions whether general or particular, establishing rules expressly recognised by the contesting states’ as the first source of International Law. Hence Option A is correct.