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Q.1. Consider the following statements:
The jurisdiction of the International Court of Justice is compulsory in all cases:
1. referred to the court by the Secretary-General.
2. referred to the court by the State parties to the dispute.
3. under the optional clause.
4. where a treaty or convention in force provides for reference to the court.
Of these statements :
(a) 1 and 4 are correct
(b) 2 and 3 are correct
(c) 2, 3 and 4 are correct
(d) 3 and 4 are correct
Q.2. Which of the following statement is correct?
(a) The decision of the International Court of Justice have binding force on all the members of the United Nations
(b) The decision of the International Court of Justice have binding force on all States of the World
(c) The decisions of the International Court of Justice shall not have a binding force except upon the parties to a dispute, and only in respect of a particular dispute between them
(d) The decisions of the International Court of Justice shall not have any binding force on any member as its decision are the only subsidiary means for determining rules of International Law
Q.3. Assertion (A): Article 2 (4) of the U.N. Charter authorises the Security Council to constitute the UN peacekeeping force as an anti speculative device.
Reason: (R) The principle of non-intervention envisaged by the U.N. Charter is one of the main purposes and principles of the United Nations.
(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.4. Assertion (A): International Law is unlike Municipal Law.
Reason (R): There is no world legislature no international police and no International Court with compulsory jurisdiction.
(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.5. Assertion (A): Custom is an ineffective means of development of International Law.
Reason (R): Custom is uncertain in content and develops slowly.
(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. Which of the following functions are performed by the Economic and Social Council?
1. It may make or initiate studies with respect to international economic, social, cultural, educational, health and related matter.
2. It may make recommendations for the purpose of promoting respect for and observance of human
3. It may make recommendation to promote friendly relations and understanding amongst members of states.
4. It may prepare draft conventions for submission to the General Assembly on any of the subjects that fall within its competence.
Select the correct answer using the codes given below:
Codes:
(a) 1, 2 and 3
(b) 1, 3 and 4
(c) 1, 2 and 4
(d) 2, 3 and 4
Q.7. The budget of the ICJ approved by _____________?
(a) ICJ
(b) the ICJ or General Assembly
(c) the General Assembly
(d) General Assembly and the ICJ
Q.8. Which of the following will settle the issue in the event of a dispute as to whether the International Court Justice has jurisdiction?
(a) The President of the Court
(b) The Vice President of the Court
(c) Both the President and the Vice President together
(d) The court itself
Q.9. “International Law is a part of our law and must be ascertained and administered by courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination”. This was observed by Justice Gray in _________?
(a) Queen Vs Keyn case
b) Paquete Habana case
(c) Corfu channel case
(d) Westrand Central Gold Mining Co Ltd. Vs. King Case
Q.10. ‘International Law may be defined as a form of rules accepted by civilized States as determining their conduct towards each other and towards each other subjects”. It was held in_________?
(a) Westrand Central Gold Mining Co. Ltd. Vs. King
(b) S.S. Lotus case
(c) Queen Vs. Keyn
(d) None of the above
Answers with Explanations
1.Correct Answer: B
Explanation- The statute may confer compulsory jurisdiction upon the Court in respect of the following matters ____________?
(i) Interpretation of Treaty.
(ii) Any question of International Law.
(iii) The existence of any fact which if established would constitute a breach of international obligations.
(iv) The nature and the extent of the reparation to be made for the breach of an international obligation. Hence Option B is correct.
2.Correct Answer: C
Explanation:- Article 59 of the statutes of International Court of Justice the decision of the court shall not have a binding force except upon the parties to a dispute and only in respect of a particular dispute between them. Hence option C is correct.
3.Correct Answer: D
Explanation- ‘A’ is false but ‘R’, is true because the fourth principle of the United Nations is that all member shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or any other manner inconsistent with the purposes of the United Nations. Hence Option D is correct.
4.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true because International Law is not like Municipal Law because:
it lacks effective authority to enforce. it has no compulsory jurisdiction in the true sense of the term. it sanctions behind International Law are very weak. if can not intervene in the matters which are within the domestic jurisdiction of the states. many rules of International Law are uncertain and vague. it has failed to maintain order and peace in the world. Hence Option A is correct.
5.Correct Answer: D
Explanation-‘A’ is false but ‘R’ is true because :
In the modern period, the importance of custom has lessened It takes a very long time to assume the force of law nowadays International Conventions is the most important source of International Law. Hence Option D is correct.
6.Correct Answer: C
Explanation- The Economic and Social Council perform the following functions:
It may make or initiate studies and reports with respect to economic, social, cultural, educational, health and related matters and may make recommendations with respect to any such matters to the General Assembly the members of the United Nations and specialized agencies concerned. (Article 6) It may make a recommendation for the purpose of promoting respect for and observance of human right and fundamental freedom for all. (Article 6) It may prepare draft conventions for submission to the General Assembly with respect to matters falling within its competence. (Article 6) It may call in accordance with the rules prescribed by United Nations, International Conference on matters, falling within its competence. (Article 6) It may furnish information to the Security Council shall assist the Security Council upon its request (Article 6) It shall perform such functions as fall within its competence in connection with carrying out of recommendations of the General Assembly. (Article 6) It may with the approval of the General Assembly perform services at the request of the special agencies. (Article 6) It shall also perform such functions assigned to it by General Assembly. (Article 6). Hence Option C is correct.
7.Correct Answer: C
Explanation- The budget of the ICJ is approved by the General Assembly. Article 17 provides that the General Assembly shall consider and approve the budget of organisations of the United Nations. Hence Option C is correct.
8.Correct Answer: D
Explanation- Article 36, Paragraph 6 provides that in the event of a dispute as to whether the court has jurisdiction, the matter shall be settled by the decision of the court. Hence Option D is correct.
9.Correct Answer: B
Explanation- In America, the customary rules of International Law are treated as a part of American law. In Paquete Habana [(1900) 175 u.s. 677)]. Justice Gray remarked, International Law is a part of our law and must be ascertained and administered by the courts of justice of appropriate as often as the question of rights depending on it are duly presented for determination. The American courts also interpret the statutes of Congress in such a way that they should not go against International Law. Hence option B is correct.
10.Correct Answer: A
Explanation- In West Rand Central Gold Mining Co. Ltd. V. King [(1905) 2 K.B. 391], in this case, the Court observed, International Law may be defined as it the form of the rules accepted by civilized States as determining their conduct towards each other and towards each other’s subject. Hence Option A is correct.