Are you a serious Judicial Services Aspirant?
If yes and you are looking for a dedicated Judicial Services Mentorship program that includes Mains Answer Writing practice and Classes, kindly know our full program details on this webpage. The Best Plan for Judicial Services Preparation
Q.1. Assertion (A): The new government is bound by the obligations of the predecessor Government.
Reason (R): A state’s international rights and obligations are not affected by a change of government.
(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.2. “The purpose of International Law is to form a framework within which international relations can be conducted and to provide a system of rules facilitating the international intercourse and a matter of practical necessity, it has and will, operate as a legal system even when wars are frequent”. This statement is attributed to_________?
(a) Hobbes
(b) Machivelli
(c) Hugo Grotius
(d) Sir Eric Beckett
Q.3. “International Law may be defined as the body of law which is composed for its greater part of the principles and rules of conduct which the states feel themselves bound to observe.” International Law is defined as above by______________?
(a) Charles Cheney Hyde
(b) Oppenheim
(c) Westlake
(d) None of these
Q.4. In which of the following cases did the permanent Court of International Justice apply the general principle of res judicata?
(a) The Chorozow factory (Indemnity) case
(b) The Marrommatis Palestine Concessions
(c) Diversion of water from the Meuse Case
(d) Serbian loans case
Q.5. “Development of International Law through political organs of the United Nations” has been authored by______________?
(a) D.PO. Connell
(b) Ian Brownlie
(c) Max Sorensen
(d) Rosalyn Higgins
Q.6. “Which one of the following case has elucidated. “Retroactive effect of recognition”?
(a) Duff Development Co. Vs. Kelantan Government
(b) Michell Vs. Sultan of Johore
(c) Civil Air Transport Inc Vs. Central Air Transport Corporation
(d) Rich Vs, Naviera Vacuba and Republic of Cuba
Q.7. Which one of the following sets of articles in the Vienna convention of 1978 contains special provisions relating to the cases where two or more states unite to form one successor state or where a part or parts of the territory of state should separate to form one or more states?
(a) Articles 10-17
(b) Articles 18-25
(c) Articles 31-38
(d) none of these
Q.8. Which one of the following is NOT the principal power and function of the General Assembly?
(a) The direction and supervision of international economic and social co-operation
(b) The election of members of other organs
(c) Amendments to the charter of the U.N.
(d) The consideration of information as to non-self-governing territories
Q.9. Which one of the following conventions conferred privileges and immunities on United Nations?
(a) Vienna Convention on Diplomatic Privileges and immunities
(b) General Assembly Convention on the privileges and immunities of the United Nations, 1946
(c) Stockholm Convention on privileges and immunities
(d) Geneva Convention on privileges and immunities
Q.10. The “Optical Clause” now provides the parties to the Statute may at any time declare that they recognise a compulsory ipso facto and without special agreement “In relation to any other State accepting the same obligation”.
The above provision is contained in which one of the following articles of the Statute of International Court of Justice?
(a) Article 37
(b) Article 38
(c) Article 36
(d) Article 35
Answers with Explanations
1.Correct Answer: A
Explanation- Here both ‘A’ and ‘R’ are true and ‘R’ correctly explain ‘A’
The change in the Government of a State does not affect the legal personality of the state. The New Government succeeds the rights and obligations of the predecessor Government. This principle is based on the common interest of the International Community. Hence Option A is correct.
2.Correct Answer: C
Explanation- Grotius is called the ‘Father of International Law’.
According to him, Natural Law is “Dictate of Reason”. He expounded the secularised concept of the law of nature. Hence Option C is correct.
3.Correct Answer: D
Explanation- All given options are wrong because this definition belongs to J. G Starke In the words of Starke International Law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore. do commonly observe in their relations with each other, and includes also:
(a) the rules of law relating to the functioning of international institutions or organisations, their relations with each other and their relations with states and individuals; and
(b) certain rules of law relating to individuals and non-States entities so far as the right or duties of such individuals are the concern of the international community. Hence Option D is correct.
4.Correct Answer: A
Explanation- In Chorzow Factory (Indemnity case ) Pub. P.C.I.J (1938) series A, No. 17) the Permanent Court of International Justice applied the principle of res judicata. Hence Option A is correct.
5.Correct Answer: D
Explanation- According to Rosalyn Higgins “Resolutions with similar contents repeated through time, voted for overwhelming majority giving rise to a general opinion Juris, have created the norm in question. Hence Option D is correct.
6..Correct Answer: C
Explanation- In Civil Air Transport incorporated Vs. Central Air Transport Corporation (1953) AC 70. Judicial Committee of the Privy Council observed: “Primarily, at any rate retrospectively of recognition operates to validates act of a de facto government which has subsequently become the new de jure government and not invalidate any act of previous de jure government. Hence Option C is correct.
7.Correct Answer: C
Explanation- Article 31-38 contains special provisions relating to the cases where two or more states unite to form one successor state or where a part or parts of the territory of a slate should separate to form one or more states. Hence Option C is correct.
8.Correct Answer: D
Explanation- According to Article 7 of the United Nations Charter, the General Assembly is one of the principal organs of the United Nations. The power and functions of the General Assembly can be classified under the following head.
Deliberative functions
Supervisory functions
Financial functions
Elective functions
Constituent functions.
Hence Option D is correct.
9.Correct Answer: B
Explanation- The General Assembly of the United Nations adopted the Convention on the Privileges and immunities of the United Nations in 1946. Article -1 of the Convention provides: “The United Nations shall possess juridical, personality. It shall have the capacity: to contract, to acquire and dispose of immovable property, to institute legal proceedings. Hence Option B is correct.
10.Correct Answer: C
Explanation- Article 36 (2) the State party to the statute may confer compulsory jurisdiction upon the Court in respect of the following matters:
(i) Interpretation of a Treaty
(ii) Any question of International Law
(iii) The existence of any fact which is 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 C is correct.