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Q.1. “Intervention by a third state in proceedings already instituted the Court (ICJ) may occur in two circumstances”. Which one of the following sets of articles of ICJ statute deals with the same?
(a) Article 60 and 61
(b) Article 62 and 63
(c) Article 49 and 50
(d) Article 30 and 40
Q.2. Assertion (A): Article 38 1 (C) of the statute of the International Court of Justice recognizes the creative functions of the Court.
Reason (R): It empowers the court to go outside treaties and international custom and confers on it wide freedom of choice to draw up principles common to various systems of Municipal Law.
(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.3. Assertion (A): The Security Council which functions continuously and adopts its own rules of procedure has its seat at Now York.
Reason (R): To suit the convenience, the Security Council meets at many places.
(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): The decisions of Municipal Courts are not a direct source of International Law.
Reason (R): They are not binding on other states and do not create rights and obligations under International Law.
(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): International Law is impotent to restrain a powerful nation that has no decent respect for the opinion of mankind.
Reason (R): Sanctions behind International Law are not effective because there is no international police force to enforce them.
(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. Assertion (A): Article 38 (1) of the ICJ statute directs the Court to apply judicial decisions as a subsidiary means for the determination of rule of International law,
Reason (R): The decisions of the Court do not create any precedent. They have no binding force except to the parties to a particular case.
(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.7. The subjects of International Law are ______________?
(a) states only
(b) only International organisations
(c) states, International organisations and Individual
(d) United Nations
Q.8. Which one of the following sources may be regarded as a modern source of International law?.
(a) International customs, treaties and decisions
(b) General Principles of law recognized by civilized states
(c) Judicial decisions and juristic work of his quality
(d) Decisions of organs of international institutions
Q.9. “If a State grants recognition to another State in violation of the international treaty, that is, the pact of Paris 1928, such recognition would not be valid” this forms the basis of ___________?
(a) Halstein Doctrine
(b) Estrada Doctrine
(c) Stimson Doctrine
(d) Monroe Doctrine
Q.10. Admission of State as a member of the United Nations ________?
(a) does not constitute recognition by other member states of the U.N.
(b) constitutes collective recognition by other states individually
(c) constitutes de facto recognition by other states individually
(d) constitutes de jure recognition by other states individually
Answers with Explanations
1.Correct Answer: B
Explanation- Article 49 and 50 deals with the provisions intervention that intervention by a third state proceeding already instituted before the court may occur in two circumstances. Hence Option B is correct.
2.Correct Answer: A
Explanation- Here Both ‘A’ and ‘R’ are true and ‘R’ also explains ‘A’ correctly.
Article 38 (1) (c) contains ‘General Principles of Law recognized by the Civilized States’ as the third source of International Law. It constitutes an important landmark in the history of International Law in as much as the State Parties to the statute did expressly recognize the existence of a third source of International Law independent of custom or treaty. Hence Option A is correct.
3.Correct Answer: C
Explanation- Here ‘A’ is true but ‘R’ is false because the seat of the Security Council is in New York. Security Council has only one seat and cannot meet at many places for convenience. Hence Option C is correct.
4.Correct Answer: A
Explanation- Here Both ‘A’ and ‘R’ are true and ‘R’ correctly explains `A’ Because Article 38 (1) of the statute provides that Judicial decision or jurist’s work will be considered as a subsidiary means for determining rules of International Law. Therefore they are not binding on other stales. Hence Option A is correct.
5.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ also correctly explains ‘A ‘ because due to lack of effective sanctions rules of International law are frequently violated. To compel the ‘strong states for the observance of the rules of International law becomes difficult on several occasions. Hence Option A is correct.
6.Correct Answer: B
Explanation- Both ‘A’ and `R’ are individually true. But ‘R’ does not correctly explain A.
Article 38 (1) provides that Judicial decision or the works of jurists, etc. as a subsidiary means for determining the rules of international law. According to Article 59 of the Statute of the International Court of Justice, the decisions of the court shall not have a binding force except upon the parties to a dispute. Thus, they cannot create a precedent. Hence Option B is correct.
7.Correct Answer: C
Explanation- International law is a constantly evolving body of norms that are commonly observed by the members of the international community in their relationships with one another. These norms confer rights and impose obligations upon states and to a lesser extent, upon international organisations and individuals. This is the modern view supported by the fact that International Law is a living and expanding code. Hence Option C is correct.
8.Correct Answer: D
Explanation- Decisions or determinations of the organs of International Institution does not find mention in Article 38 but it has now become a well-recognized source. Hence Option D is correct.
9.Correct Answer: C
Explanation- This doctrine was propounded by Mr Stimson Secretary of State, United States of America. According to this doctrine recognition granted to any state in violation of the international treaty, particularly the pact of Paries, 1928 will be deemed to be invalid. Hence option C is correct.
10.Correct Answer: B
Explanation- Admission to the organization certainly means that all members must treat the new fellow member as an equal partner in law in all matters relating to the application of the Charter. But, apart from that, all states are free to decide whether to proceed to full recognition or limit their relations to the minimum. A state which has become a member of the UN. is treated by other states as if it has been recognised by other states in dealing inside the U.N. and not elsewhere, it is sometimes called quasi-recognition. Hence Option B is correct.