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Q.1. The controversy about the legal sources of International Law was settled when the legal sources were authoritatively laid down for the first time in________________?
(a) The Hague Convention for the specific settlement of International Disputes
(b) The convenant of the League of Nations
(c) The Statue of International Court of Justice
(d) The statute of Permanent of Court of International Justice
Q.2. Just cogens means and includes______________?
(a) Customary rules only
(b) General rules of International Law
(c) Treaty contracts
(d) Peremptory norms of International Law which cannot be normally derogated by a state
Q.3. Which one of the following international lawyers used of expression “Succession to Rights and Obligation” in place of “State Succession”?
(a) J.L Brierly
(b) L. Oppenheim
(c) Fenwick
(d) J.G Starke
Q.4. Which of the following opinions was expressed by the British Court in 1905 in West Rand Central Gold Mining Co. Vs. R in the case of passing of contractual rights and duties to a successor state in state succession?
(a) Successor state has to respect all contractual rights and obligations
(b) Successor state is free to decide as to which of the contractual rights and duties are to be respected
(c) Successor state has to respect contractual rights and duties in the nature of liquidated damages
(d) Successor state has to respect contractual rights and duties in the nature of unliquidated damages
Q.5. Which of the following is among the purposes of the United Nations as laid down under Article 1 of the U.N. Charter?
1. To maintain international peace and security
2. To develop friendly relation among nations
3. To ensure that non-members of the United Nations act in accordance with the U.N. Charter
4. To achieve international co-operation in solving international problems of an economic social cultural or humanitarian character
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.6. Decisions of the General Assembly on important question shall be made by________________?
(a) simple majority
(b) simple majority present and voting
(c) two-thirds majority
(d) two-thirds majority present and voting
Q.7. The voting procedure in the Security Council for admission of a member to the United Nations is by ________________?
(a) A two-thirds majority of the members present and voting
(b) An affirmative vote of nine members
(c) An affirmative vote of nine members including the concurring votes of the permanent members
(d) Concurring -votes of all members of the Security Council
Q.8. In maintaining international peace and security, the Security Council_______________?
(a) Exclusive authority
(b) Primary authority
(c) Both primary and exclusive authority
(d) Collective authority
Q.9. Assertion (A): Hugo Grotius is the father of International Law.
Reason (R): Hugo Grotius discussed about Law of Nations in his book.
(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.10. Assertion (A): Recognition De jure cannot be withdrawn.
Reason (R): Recognition De jure is final and irrevocable.
(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
Answers with Explanations
1.Correct Answer: C
Explanation- According to Article 38 (I) of the Statute of the International Court justice, the Court shall decide the dispute submitted to it in accordance with international law and shall use the sources of international law in the following order:
(1) International Conventions
(2) International Customs
(3) General Principles of Law recognised by Civilized Nations.
(4) Judicial Decisions or the work of Jurists, etc. as a subsidiary means for determining the rules of International Law.
Hence Option C is correct.
2.Correct Answer: D
Explanation-The provision relating to Jus Cognes is 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 norm of a general International Law. A peremptory norm of general International Law is a norm accepted and recognised by the international community of state 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 D is correct.
3.Correct Answer: B
Explanation- L. Oppenheim used the expression “Succession to Right and Obligations” in place of “State Succession.” Hence Option B is correct.
4.Correct Answer: B
Explanation- The majority of jurists are of the view that the Succeeding states should be bound by the contract entered into by the extinct state. But in West Rand Central Gold Mining Co. Ltd. Vs. King [(1905) 2 KB 391] it was held that the succeeding state was entitled to decide whether it will accept the financial obligations of the farmer state Until it accepts the financial obligations of the former slate, it not be bound by them. Hence Option B is correct.
5.Correct Answer: C
Explanation- The purpose of the United Nations are mentioned in Article 1 of the Charter. They are-
(a) To maintain International Peace and Security
(b) To develop friendly relations among Nations
(c) International co-operation in solving International Problems of Social, Cultural and Humanitarian character
(d) to make the United Nations a centre for the attainment of the above common ends.
Hence Option C is correct.
6.Correct Answer: D
Explanation- In accordance with the provision of Article 18 of the charter, each member of the General Assembly is entitled to give one vote. Decision on important or substantial matters is taken by the majority of two-thirds of members present and voting. Hence Option D is correct.
7.Correct Answer: C
Explanation- Article 4 of the Charter provides that a State may be admitted to the United Nations on the affirmative recommendation of the Security Council and by-election of General Assembly by a two-thirds majority. Security Council must recommend it by a majority of 9 members including the five permanent members. Hence Options C is correct.
8.Correct Answer: B
Explanation- The Security Council has primary responsibility for the maintenance of international peace and security. Hence Option B is correct.
9.Correct Answer: A
Explanation- Both ‘A ‘ and ‘R’ are true and ‘R’ also explains ‘A’ correctly.
Hugo Grotius is considered as the Father of the Law of Nations. His Book of De jure Bell ac Pacic (i.e. on the Law of War and Peace) was published in 1625 which was his most famous work of him. This work earned for him permanent fame. Due to his worldwide influence, he was called the father of the Law of Nations. Hence Option A is correct.
10.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’. Because de jure recognition once granted is irrevocable. De jure recognition cannot be withdrawn. Article 6 of the Montevideo Convention, 1933 also declared that de jure recognition is ‘unconditional and irrevocable. Hence Option A is correct.