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International Law - 1

Description: International Law - 1
Number of Questions: 15
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Tags: International Law - 1 Public International Law
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The main difference between de jure and c/c facto recognition is that the former is

  1. legal, while the latter is factual

  2. provisional and the latter is definite

  3. informal, while the latter is formal

  4. explicit and the latter is implicit


Correct Option: A
Explanation:

(1) De jure means legal and c/c facto means factual.

Which of the following statements is correct?

  1. A state has duty to become a party to every multilateral treaty.

  2. A state has a right to decide whether or not to become a party to a multilateral treaty and if it decides to become a party, it has a right to make reservation to limit its participation in any way it chooses.

  3. A state has a right to decide whether or not to become a party to multilateral treaty and if it decides to become a party, it should accept the whole treaty.

  4. A state has a right to decide whether or not to become a party to multilateral treaty and if it decides to become a party, it may do so with or without reservations, provided that its reservations are compatible with the objects and purposes.


Correct Option: D
Explanation:

A state has a right to decide whether or not to become a party to multilateral treaty and if it decides to become a party, it may do so with or without reservations provided that its reservations are compatible with the objects and purposes. 

The International Court of Justice in the Right of Passage over India Territory Case, 1960 dealt with the

  1. principle of succession to delictual liabilities

  2. customary right relating to territory

  3. succession and public debts

  4. succession to non-fiscal contractual rights


Correct Option: B
Explanation:

(2) The International Court of Justice in the Right of Passage over India Territory Case, 1960 dealt with the customary right relating to territory.

The Secretary General of the U.N. is appointed

  1. by the General Assembly on the recommendation of the Security Council

  2. by the Security Council on the recommendation of the General Assembly

  3. in a joint session of the Security Council and General Assembly

  4. by the permanent members of the Security Council


Correct Option: A
Explanation:

(1) The Secretary General of the U.N. is appointed by the General Assembly on the recommendation of the Security Council.

Some efforts have been made to transform the status of individuals from the object to the subject of International Law. The first effort towards this was made after the

  1. Treaty of Westphalia

  2. 1815 Vienna Conference

  3. First World War

  4. Second World War


Correct Option: D
Explanation:

(4) The first effort towards this was made after the Second World War.

The permanent Court of International Justice applied the principle of res judicata while deciding

  1. Serbian loans case

  2. Mavrommatis Palestine concessions case

  3. Chozow factory indemnity case

  4. South-West Africa case


Correct Option: C
Explanation:

(3) The Permanent Court of International Justice applied the principle of res judicata while deciding Chozow factory indemnity case.

‘Monism’ denotes that the International Law and State Law

  1. represent two entirely distinct legal system

  2. are the concomitant aspects of one system

  3. are not enforceable

  4. are not binding


Correct Option: B
Explanation:

(2) ‘Monism’ denotes that the International Law and State Law are the concomitant aspects of one system.

Fits cogens denotes

  1. superiority of states

  2. dominance of the USA over other states

  3. peremptory norms of the International Law

  4. superiority of United Nations


Correct Option: C
Explanation:

(3) Fits cogens denotes peremptory norms of the International Law.

Which of the following propositions would be correct according to the Vienna Convention on the Law of Treaties, 1960?

  1. The reservation and the objection cancel each other and all the provisions of the treaty will apply to all parties.

  2. The provisions of the treaty to which the reservation applies, shall not apply between the reserving state and the objecting state, unless the objecting state specifically objects to the entry into force of the treaty as between the two states.

  3. The reservation and the objection prevent the treaty from coming into force in respect of all of its parties.

  4. The objection invalidates the reservation and the reserving state ceases to be a party to the treaty.


Correct Option: B
Explanation:

(2) According to the Vienna Convention on the Law of Treaties, 1960, the provisions of the treaty to which the reservation applies, shall not apply between the reserving state and the objecting state, unless the objecting state specifically objects to the entry into force of the treaty as between the two states.

The Rann of Kachchh dispute was settled by

  1. the International Council

  2. the Security Council

  3. the mediation of the Soviet Union

  4. international arbitration


Correct Option: D
Explanation:

(4) The Rann of Kachchh dispute was settled by international arbitration.

Assertion (A): The International Court of Justice does not have any compulsory jurisdiction over all international disputes between states. Reason (R): States enjoy sovereignty in international relations.

  1. Both A and R are individually true and R is the correct explanation of A.

  2. Both A and R are individually true, but R is not the correct explanation of A.

  3. A is true, but R is false.

  4. A is false, but R is true.


Correct Option: D
Explanation:

(4) The International Court of Justice has compulsory jurisdiction over all international disputes between states and states enjoy sovereignty in international relations.

Assertion (A): The UN General Assembly has the power to authorise UN peace-keeping operations. Reason (R): The General Assembly represents the entire membership of the United Nations.

  1. Both A and R are individually true and R is the correct explanation of A.

  2. Both A and R are individually true, but R is not the correct explanation of A.

  3. A is true, but R is false.

  4. A is false, but R is true.


Correct Option: B
Explanation:

Peacekeeping operations are usually led by the Department of Peacekeeping Operations (DPKO). The UN General Assembly has the power to authorise UN peace-keeping operations. The General Assembly represents the entire membership of the United Nations. There are 193 United Nations (UN) member states and each of them is a member of the United Nations General Assembly. Both A and R are individually true, but R is not the correct explanation of A. 

Article 94 of the United Nations Charter provides that

  1. the International Court of Justice is empowered to implement its decisions

  2. if any party to a case fails to perform its obligations under the judgment, the Security Council is empowered to implement the judgment of the court, provided the matter is referred to it by ICJ

  3. if any party to a case fails to perform its obligations under the judgment, the other party may have recourse to the Security Council, which may decide upon measures to be taken to give effect to the judgment

  4. if any party to a case fails to perform its obligations under the judgment of the ICJ, the Security Council may decide upon measures to be taken to give effect to the judgment, on the recommendation of the General Assembly


Correct Option: C
Explanation:

(3) Articles 94 of the United Nations Charter provides that if any party to a case fails to perform its obligations under the judgment, the other party may have recourse to the Security Council, which may decide upon measures to be taken to give effect to the judgment.

Which of the following domestic laws of a country is illegal under International Law?

  1. A law declaring an act of a citizen illegal, regardless of the place where it is committed

  2. A law declaring illegal a contract between a national and foreigner concluded within the country

  3. A law declaring illegal a transaction between two foreigners concluded to be performed in their respective countries

  4. A law declaring illegal an act on board a national aircraft or a national vessel


Correct Option: C
Explanation:

A law declaring illegal a transaction between two foreigners concluded to be performed in their respective countries is illegal under International Law.

Which of the following options is not correct?

  1. Customary rules of international law are diminishing and are being replaced by law making treaties and conventions.

  2. States do not deny the existence of international law. On the contrary, they interpret international law making so as to justify their conduct.

  3. A great limitation of international law is that it cannot intervene in the matters which are within the domestic jurisdiction of states.

  4. International law is positive morality of state having no force.


Correct Option: D
Explanation:

The statement presented in option (4) is incorrect.

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