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Q.1. International Law is true law’ is based on the assumption that____________?
(a) the naturalists have accepted the branch as law
(b) in practice, the states have acted in accordance with International Law
(c) it has been proved that in modern times individual and states can be punished for violation of International Law
(d) treaties and conventions are recognised in the true sense as law
Q.2. A state becomes an international person by recognition and recognition alone. This is called ____________?
(a) facultative theory
(b) declatory theory
(c) evidentiary theory
(d) constitutive theory
Q.3. The admission of a new political entity into the United Nations can be termed as____________?
(a) express recognition
(b) conditional recognition
(c) collective recognition
(d) de facto recognition
Q.4. Which one of the following cases relates to succession of customary right relating to territory?
(a) Island of Plamas case
(b) Anglo Norwegian fisheries case
(c) North Sea Continental Shelf Cases
(d) Right of Passage over Indian territory case
Q.5. “The rule of state succession in International Law was incorporated by Grotius which he had adopted From Roman Law.” This was stated by____________?
(a) Charles Fenwick
(b) L. Oppenheim
(c) J.G Starke
(d) Schwarzenberga
Q.6. The admission of any peace-loving state to membership of the U.N. will be affected by the ____________?
(a) the decision of the Security Council
(b) recommendation of the Security Council
(c) the decision of the General Assembly
(d) the decision of the General Assembly on the recommendation of state Security Council
Q.7. Which one of the following organs of the U.N. has the power to suspend or expel a member of the United Nations?
(a) Economic and Social Council
(b) Security Council
(c) International Court of Justice
(d) General Assembly on the recommendation of the Security Council
Q.8. The Secretary General of the United Nations is appointed by the ____________?
(a) General Assembly
(b) Security Council
(c) General Assembly on the recommendation of the Security Council
(d) Secretariat
Q.9. Decisions on procedural matters in the Security Council are to be made by an affirmative vote of ____________?
(a) eight members
(b) seven members
(c) ten members
(d) nine members
Q.10. To give validity to official acts of recognised state during the period it was not recognised, a doctrine of retroactivity of recognition has been evolved. This principle was followed in ____________?
(a) Luther v. Sagor
(b) Trinco Arbitration
(c) Pacquette Hebbana
(d) Haile Selassie v. Cable and Wireless Ltd.
Answers with Explanations
1.Correct Answer: B
Explanation- Oppenheim is of the opinion that the States of the world do together constitute a body bound together through common interests to which create extensive intercourse between them and difference in culture economic structure or political system do not affect as such the existence of an international community as one of the basic factors of International Law. Hence Option B is correct.
2.Correct Answer: D
Explanation- According to this theory Statehood or the authority of the new government exists as such prior to and independently of recognition. Recognition is merely a formed acknowledgement through which established facts are accepted. The act of recognition is merely declaratory or evidence of an existing fact that a particular state or government possesses the essential attributes as required under International Law. Hence Option D is correct.
3.Correct Answer: C
Explanation- A new state may be recognized collectively by the existing States. It occurs when an unrecognized State participates in a multilateral conference/treaty, the other participants or parties are regarded to have recognized the new State if the intention has been indicated. Hence Option C is correct.
4.Correct Answer: D
Explanation- This case illustrates that when in regard to any matter or practice, two States follows repeatedly for a long time, it becomes a binding customary rule. This case made it clear that local to the regional custom which derogates from general customary law becomes binding only on States that support it. Hence Option D is correct.
5.Correct Answer: A
Explanation- “The rule of state succession was incorporated from the Roman Law by Grotius. In Roman Law, when a person died his rights and duties were succeeded by his successors. This principle was applied by Grotius in International Law also. Hence Option A is correct.
6.Correct Answer: D
Explanation- An application for admission of a state is recommended by the Security Council and the General Assembly elect it as a member by the two-thirds majority. Hence Option D is correct.
7.Correct Answer: D
Explanation- Article 5 or 6 of the United Nations Charter members of the U.N. may be suspended or expelled by the General Assembly upon the recommendation of the Security Council. Hence Option D is correct.
8.Correct Answer: C
Explanation- The Secretary-General of the United Nations is appointed by the General Assembly upon the recommendation of the Security Council. He is designated as “the Chief Administrative officer of the Organisation “. (Article 97). Hence Option C is correct.
9.Correct Answer: D
Explanation- Decisions on procedural matters are taken by a majority of nine members. Decisions on important and substantial matters require the affirmative vote of nine members including 5 permanent members. If any permanent member gives a negative vote (called veto) the Security Council becomes unable to make decisions on that matter. Hence Option D is correct.
10.Correct Answer: A
Explanation- In Luther v. Sagor, the court assumed that recognition would be in principle retroactive and made its own estimate of the beginning date. The court did not regard the distinction between de facto and de jure recognition as crucial and held that de facto recognition dates back in the same manner as de jure recognition. Hence Option A is correct.