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. What is the meaning of Jus cogens ‘ _____________?
(a) peremptory norms of general International law from which no derogation is permissible
(b) rules of ancient customary International law which are rendered redundant in modern times
(c) abrogation of a rule in a treaty by a subsequent treaty
(d) ruled developed from a bilateral treaty which has found universal
Q.2. Which one of the following statements most appropriately describes the nature of International Law?
(a) A body of customary and conventional rules regulating the relation of States
(b) A body of rules governing civilized nations of the world
(c) A body of customary and treaty rules regulating the relations between states and organizations
(d) A body of rules of conduct regulating relations of states international organisations and certain individuals which States feel bound and do observe in their conduct
Q.3. Common consent which is the basis of international Law means that ___________?
(a) all States without exception consent to every part of the body of rules constituting international Law
(b) there is express consent by all States to most of the rules that constitute International Law
(c) there is the consent of only major powers of the world without whom no rule and assume the status of law
(d) there is express or tacit consent of States to the body of rules comprising International Law as a whole at any particular times
Q.4. Which one of the following is a law-making treaty?
(a) Simla pact 1971 between India and Pakistan
(b) Treaty between India and Sri Lanka 1987 for solving Sri Lanka’s ethnic problem
(c) Into-Soviet Friendship treaty
(d) Pact of Paris 1928
Q.5. A decision of the International Court of Justice has a binding effect on__________?
(a) parties alone in that particular case
(b) the States in similar situations
(c) national courts in similar circumstances
(d) interveners who were not original parties in the particular case
Q.6. In which one of the following cases is there implied recognition?
(a) Participation in an international conference in which the unrecognised authority takes part
(b) Conclusion of a multilateral treaty to which the unrecognised authority is a party
(c) Initiation of diplomatic relations without a formal declaration of intention to recognise
(d) Direct negotiations with the authority not recognised for the protection of foreign national
Q.7. The effect of de jure recognition is that the state has been recognised in law. Such recognition can be withdrawn__________?
(a) in legal sense
(b) when the recognised State becomes a member of U.N.O
(c) when the recognised State declares war against the recognising State
(d) on non-fulfilment of condition for the grant of de jure recognition
Q.8. Contributive theory of recognition refers to recognition that is__________?
(a) evidentiary
(b) declaratory
(c) instrumental in creating statehood and clothing a new Government with authority in international relations
(d) irrelevant to claims of statehood
Q.9. “In a conflict between a displaced de jure Government and a newly formed de facto Government, the right and status of the de facto Government prevail over the de jure Government”. In which of the following case was this proposition laid down?
(1) Bank of Ethiopia v. National Bank of Egypt and Ligouri.
(2) Union of Soviet Socialist Republics v, Onou.
(3) S.S Arantzazu Mendi v. The Govt. of Republican Spain.
Select the correct answer using the codes given below:
Codes:
(a) 1 and 2 (b) 1 and 3
(c) 2 and 3 (d) 1, 2 and 3
Q.10. British India was succeeded by the Dominion of India and Dominion of Pakistan. This succession is known as __________?
(a) partial succession (b) universal succession
(c) territorial succession (d) division of territory
Answers with Explanations
1.Correct Answer: A
Explanation- The provision relating to Jus Cogens is one of the most controversial provisions 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 general International Law A peremptory norm of general International Law is a norm accepted and recognised by the international community of states as a whole as a norm from which norm derogation is permitted and which can be modified only by a subsequent norm of general International Law having the ‘same character. Hence Option A is correct.
2.Correct Answer: D
Explanation- In the words of Starke -International Law may be defined as that 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 relation with each other, and their relations with States and individuals and
(b) Certain rules of law relating to individuals and non-state entities so for as the rights or duties of such individuals are the concern of the international community. “The definition of Starke is appropriate because it takes into account the changing character of International Law. Hence Option D is correct.
3.Correct Answer: D
Explanation- It is pointed out in the Ninth Edition of Oppenheim’s International Law (1992) that in accord with practical realities to see the basis of International Law in the existence of an international community the common consent of whose member is that there shall be a body of law—International Law—to govern their conduct as members of that community. In this ‘sense common consent’ could be said to be the basis of International Law as the legal system. The common consent that is meant is not consent to particular rules but to express or tacit consent of states to the body of rules comprising International Law as a whole at any particular time. Hence Option D is correct.
4.Correct Answer: D
Explanation- Lawmaking treaties are those treaties that are entered into by a large number of states Lawmaking treaties may be divided into two types:
(a) Treating enunciating the rules of Universal International Law
(b) Those enunciating general principles. Hence Option D is correct.
5.Correct Answer: A
Explanation- As regards the decisions of the International Court of Justice Article 59 the Statute of International Court of A Justice provides that they will have ”no binding force except between the parties and in respect of the particular case.’ Hence Option A is correct.
6.Correct Answer: C
Explanation- Implied recognition may be inferred when circumstances show that the state concerned has been accepted as a member of the international community. In practice, such an implied recognition may be only de facto recognition. But under the following circumstances such recognition may also be deemed to be de jure:
(1) When the recognised state and the recognising state enter into a bilateral treaty and formally sign it.
(2) The beginning of formal diplomatic relations and exchange of consuls.
Hence option C is correct.
7.Correct Answer: A
Explanation- Recognition de jure is final and irrevocable. It denotes the existence of the essentials of statehood in the state concerned. Once de jure recognition is accorded it cannot be withdrawn. Hence Option A is correct.
8.Correct Answer: C
Explanation- According to constitutive theory, recognition clothes the recognised state with duties and rights under International Law. Recognition is a process through which a political community acquires international personality by becoming a member of the family of nations. Hence Option C is correct.
9.Correct Answer: B
Explanation- In these cases, the rule was laid down that there is no distinction between de facto and de jure recognition for the purpose of giving effect to the internal acts of the recognised state. Hence Option B is correct.
10.Correct Answer: A
Explanation- Partial succession takes place:
(a) when a part of the state revolts and after achieving freedom becomes a separate international person.
(b) when a part of a state is ceded to another state.
(c) when a sovereign state loses part of its independence by joining the federal state or when a state accepts the suzerainty or becomes a protectorate of another state. Hence Option A is correct.