Public International Law MCQ part-2

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1. In which of the following cases the right and obligation do NOT devolve on the successor state?

(a)    Treaties signed by the predecessor state concerning boundary lines of that state
(b)   Treaties concerning navigation of international rivers entered into by the extinct state
(c)    Contracts entered into by extinct state
(d)   Nationality of the citizens of an extinct state to be replaced by the nationality of the successor state

 

2. The U.N.O. has been prohibited from intervening in matters which are essentially within the domestic jurisdiction of any state. Yet the__________?

(a)    Security Council can intervene when it decides on enforcement action
(b)   Security Council can intervene to stop religious strife in a country
(c)    General Assembly can intervene under the ‘uniting for peace’ Resolution
(d)   Security Council can intervene for the release of hostages taken by a State

 

3. Which one of the following is NOT the objective of the United Nations?

(a)    Maintenance of international peace and security
(b)   Ensuring respect for treaty obligations
(c)    Establishment of democratic governments throughout the world
(d)   Promotion of better standards of life

 

4. The right of self-defence provided in the U.N. Charter is subject to the judgement of the __________?

(a)    General Assembly
(b)   Security Council
(c)    International Court of Justice
(d)   Secretary-General of the U.N.

 

5. In the case of abstention of a permanent member of the Security Council from voting, the Security Council__________?

(a)    becomes invalid
(b)   still remains valid
(c)    remains valid but non-enforceable
(d)   requires to be considered by the General Assembly

 

6. A judge of the International Court of Justice can be dismissed by the __________?

(a)    Security Council
(b)   General Assembly on the recommendation of the Security Council
(c)    the unanimous opinion of other judges of the Court
(d)   Unanimous decision of the General Assembly

 

7. Which one of the following statements is WRONG in respect of any particular judgement given by the International Court of Justice?

(a)    It is final and without appeal
(b)   Revision is allowed upon the discovery of a new decisive fact
(c)    Revision proceedings are allowed only after compliance with the terms of judgement
(d)   If a country is not a party to the case and is adversely affected by the judgement she is allowed to appeal

 

8. Which of the following statements are associated with the declaratory theory of recognition?

(1)   Recognition is declaratory of the existing facts
(2)   Recognition is constitutive of the existing facts
(3)    Recognition is a key to the membership of the international community
(4)    Recognition is a political act

Select the correct answer from the codes given below:
Codes:

(a) 1 and 2
(b) 2 and 3
(c) 1 and 4
(d) 1, 3 and 4

 

9. When a State fulfils the qualifications prescribed for acquiring statehood. It becomes an international person. No recognition is necessary for this purpose.
This was laid down in the__________?

(a)    Vienna Convention of 1815
(b)   Hague Convention of 1907
(c)    Montevideo Convention of 1933
(d)   Charter of the United Nations Organisation, 1945

 

10. In the case of State Succession, the conquering State assumes the obligation of a conquered State to the extent __________?

(a)    permissible in the Vienna convention succession of State 1978
(b)   permissible in its Constitution
(c)    the general law of International Customs permits
(d)   none of the above

 

 

 

Answers with Explanations

1.Correct Answer: C

Explanation- The majority of the jurists are of the view that the succeeding should be bound by the contract entered into by the extinct state. But in the case of West Rand Central Gold Mining Co. Ltd. v. King (1905) 2K.B. 391, it was held that the succeeding state was entitled to decide whether it will accept the financial obligations of the former state until it accepts the financial obligations of the former state, it will not be bound by them. Hence Option C is correct.

 

2.Correct Answer: A

Explanation- Seventh principle of the United Nations prohibits the United Nations to intervene in the domestic affairs of a member state. This principle will not apply if the United Nations takes any enforcement measures under Chapter VIIth of the U.N. Charter. Hence Option A is correct.

 

3.Correct Answer: C

Explanation-The purpose of the United Nations is mentioned in Article -1 of the charter. They are.
(a) to maintain international peace and security.
(b) to develop family relations among nations.
(c) International co-operation in solving international problems of a 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.

 

4.Correct Answer: B

Explanation- Article 51 of the U.N. Charter provides that nothing in the charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a member of the United Nations until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by members in the exercise of this right to self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security. Hence Option B is correct.

 

5.Correct Answer: B

Explanation- The absence of the permanent member of the Security Council from voting does not amount to veto and the meeting of the Security Council still remains valid. Hence Option B is correct.

 

6.Correct Answer: C

Explanation- Article 18 of the Statute of the International Court of Justice provides that no member of the court can be dismissed unless in the unanimous opinion of the other members. Hence Option C is correct.

 

7.Correct Answer: D

Explanation- Only the parties to a dispute come under the jurisdiction of the International Court of Justice. Thus if a country is not a party to the case and is adversely affected by the judgement, she will not be allowed to appeal. Hence Option D is correct.

 

8.Correct Answer: C

Explanation- According to declaratory theory, statehood or the authority of the new government exists as such before and independently of recognition. Recognition is merely formal acknowledgement through which established facts are accepted. Hence Option C is correct.

 

9.Correct Answer: C

Explanation- In the Montevideo Convention of 1933 it was laid down that when a state fulfils the qualifications prescribed for acquiring statehood, it becomes an international person. No recognition is necessary for this purpose. Hence Option C is correct.

 

10.Correct Answer: A

Explanation- In the case of State Succession, the conquering State assumes the obligation of a conquered state to that extent permissible in the Vienna Convention Succession of States 1978. Hence Option A is correct.