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Tuesday, May 17, 2011

International Law Sample Paper for Civil Judge Public Prosecutor Exams

International Law Sample Paper for Civil Judge Public Prosecutor Exams
Sample Questions on International Law for Civil Judge Exam
Law MCQ For Civil Judge Assistant Public Prosecutor
Q.1. The Secretary General of the United Nations is appointed by the:
(a) General Assembly
(b) Security Council
(c) General Assembly on the recommendation of the Security Council
(d) Secretariat
Ans. (c)

Q.2. Decisions on procedural matters in the Security Council are to be made by an affirmative vote of:
(a) eight members
(b) seven members
(c) ten members
(d) nine members
Ans. (d)

Q.3. In order to give validity to official acts of recognized state during the period it was not recognized, a doctrine of retroactivity of recognition has been evolved.
This principle was followed in:
(a) Luther v. Sagor
(b) Trinco Arbitration
(c) Pacquette Hebbana
(d) Haile Selassie v. Cable and Wireless Ltd.
Ans. (a)

Q. 4. Consider the following statements:
The jurisdiction of International Court of Justice. Is compulsory in all cases:
1. referred to the court by the Secretary General.
2. referred to the court by the State parties to the dispute.
3. under the optional clause.
4. where a treaty or convention in force provides for reference to the court.
Of these statements
(a) 1 and 4 are correct
(b) 2 and 3 are correct
(c) 2, 3 and 4 are correct
(d) 3 and 4 are correct
Ans.(b)

Q.5. Which of the following statement is correct?
(a) The decision of the International Court of Justice has binding force on all the members of United Nations
(b) The decision of the International Court of Justice has binding force on all States of the World
(c) The decisions of the international Court of Justice shall not have a binding force except upon the parties to a dispute, and only in respect, of a particular dispute between them
(d) The decisions of the International Court of Justice shall not have any binding force on any member as its decision are only subsidiary means for determining rules of International Law
Ans. (c)

Q.6. Assertion (A) Article 2 (4) of the U.N. Charter authorizes the Security Council to constitute UN peace keeping force as an anti-escalative device.
Reason: (R) The principle of non-intervention envisaged by the U.N. Charter is one of the main purposes and principles of the United Nations.
Ans. (d)

Q.7. Assertion (A): International Law is unlike Municipal Law.
Reason (R): There is no world legislature no international police and no International Court with compulsory jurisdiction.
Ans. (a)

Q.8. Assertion (A): Custom is an ineffective means of development of International Law.
Reason (R): Custom is uncertain in content and develops slowly.
Ans. (d)

Q.9. Which of the following functions are performed by the Economic and Social Council?
1. It may make or initiate studies with respect to international economic, social, cultural, and educational, health and related matter.
2. It may make recommendations for the purpose of ‘promoting respect for and observance of human rights.
3. It may make recommendation to promote friendly relations and understanding amongst member states.
4. It may prepare draft conventions for submissions to the General Assembly on any of the subject falling within its competence.
Select the correct answer using the codes given below;
Codes:
(a) 1, 2 and 3
(b) 1, 3 and 4
(c) 1, 2 and 4
(d) 2, 3 and 4
Ans. (c)

Q.10. The budget of ICJ approved by:
(a) ICJ
(b) The ICJ or General Assembly
(c) The General Assembly
(d) General Assembly and the ICJ
Ans. (c)

Q.11. Which of the following will settle the issue in the event of a dispute as to whether the international Court of Justice has jurisdiction?
(a) The President of the Court
(b) The Vice President of the Court
(c) Both the President and the Vice President together
(d) The court itself
Ans. (d)

Q.12. “International Law is a part of our law and must be ascertained and administered by courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination”. This was observed by Justice Gray in:
(a) Queen Vs Keyn case
(b) Paquete Habana case
(c) Corfu channel case
(d) Westrand Central Gold Mining Co Ltd. vs. King Case
Ans. (b)

Q.13. “International Law may be defined as form of rules accepted by civilized States as determining their conduct towards each other and towards each other subjects”.
It was held in:
(a) Westrand Central Gold Mining Co. Ltd. vs. King
(b) S.S. Lotus case
(c) Queen vs. Keyn
(d) None of the above
Ans. (a)

Q.14. The controversy about the legal sources of International Law was settled when the legal sources were authoritatively laid down for the first time in:
(a) The Hague Convention for the specific settlement of International Disputes
(b) The covenant of the League of nations
(c) The Statue of International Court of Justice
(d) The statue of Permanent of Court of International Justice
Ans. (c)

Q.15. Just cogens means and includes:
(a) customary rules only
(b) general rules of International Law
(c) treaty contracts
(d) preemptory norms of International Law which can not be normally derogated by an state
Ans. (d)

Q.16. Which one of the following international lawyers used of expression “Succession to Rights and Obligation” in place of “State Succession”?
(a) J.L Brierly
(b) L. Oppenheim
(c) Fenwick
(d) J.G Starke
Ans. (b)

Q.17. Which of the following opinions was expressed by the British Court in 1905 in Westrand Central Gold Mining Co. Vs. R in the case of passing of contractual rights and duties to a successor state in state succession?
(a) Successor state has to respect all contractual rights and obligations
(b) Successor state is free to decide as to which of the contractual rights and duties are to be respected
(c) Successor state has to respect contractual rights and duties in the nature of liquidated damages
(d) Successor state has to respect contractual rights and duties in the nature of unliquidated damages
Ans. (b)

Q.18. Which of the following is among the purposes of the United Nations as laid down under Article 1 of the U.N. Charter?
1. To maintain international peace and security
2. To develop friendly relation among nations
3. To ensure that non-members of the United Nations act in accordance with the U.N. Charter
4. To achieve international co-operation in solving international problems of an economic social cultural or humanitarian character
Select the correct answer the codes given below:
(a) 1, 2 and 4
(b) 1, 3 and 4
(c) 1, 2 and 4
(d) 2, 3 and 4
Ans. (c)

Q.19. Decisions of the General Assembly on important question shall-be made by:
(a) simple majority
(b) simple majority present and voting.
(c) two-thirds majority
(d) two-thirds majority present and voting
Ans. (d)

Q.20. The voting procedure in the Security Council for admission of a member to the United Nations is by:
(a) a two-thirds majority of -the members present and voting
(b) an affirmative vote of nine members
(c) an affirmative vote of nine members including the concurring votes of the permanent members
(d) concurring votes pf all members of the Security Council
Ans. (c)
Q.21. In maintaining international peace and security, the Security Council:
(a) exclusive authority
(b) primary authority
(c) both primary and exclusive authority
(d) collective authority
Ans. (b)

Q.22. Assertion (A): Hugo Grotius is the father of International Law.
Reason (R): Hugo Grotius discussed about Law of Nations in his book.
Ans. ‘(a)

Q.23. Assertion (A): Recognition -De jure cannot be withdrawn.
Reason (R) Recognition De jure is final and irrevocable.
Ans. (a)

Q.24. 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.
Ans. (a)

Q.25. “The purpose of International Law is to from a frame work within which international relation’s can be conducted and to provide a system of rules facilitating
In accordance with the provision f Article “18 of the charter each member of the General Assembly is entitled to give one vote. Decision on important or substantial matters are taken by the majority of two-third members present and voting

Q.26. “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
Ans. (d)

Q.27. 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
Ans. (a)

Q.28. “Development of International Law through political organs of the United Nations” has been authored by:
(a) D.P.O. Connell
(b) Ian Brownlle
(c) Max Sorensen
(d) Rosalyn Higgins
Ans. (d)

Q.29. “Which one of the following cases 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
Ans. (c)

Q.30. Match List-I with List-II and select the correct answer from the code given below the list:
List- I List-II
A. Torts 1. The German Settlers in Poland
B. Concessionary contract 2. The polish Upper contracts Silesia case (nails)
C. Public property 3. Prem Chibar vs. The Union of India
D. Contractor 4. Robert E. Brown
Codes:
A B C D
(a) 4 3 1 2
(b) 4 3 2 1
(c) 3 2 4 1
(d) 3 2 1 4
Ans. (a)

Q.31 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
Ans. (c)

Q.32. Match List-I with List-II and select the correct answer from the codes given below the lists:
List- I List -II
A. Suspension Members of 1. Article -5
B. Veto power 2. Article -6
C. Appointment of Secretary General 3. Article -76
D. Objectives of the trusteeship System 4. Article 97
Codes:
A B C D
(a) 3 2 1 5
(b) 1 3 4 5
(c) 1 3 5 4
(d) 3 2 5 1
Ans. (c)

Q.33. 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 on members of other organs
(c) Amendments to the charter of the U.N.
(d) The consideration of information as to non-self governing territories
Ans. (d)

Q.34. 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
Ans. (b)

Q.35. The “Optical Clause” now provides the parties to the Statute may at any time declare that they recognize as 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 Statue of International Court of Justice?
(a) Article 37
(b) Article 38
(c) Article 36
(d) Article 35
Ans. (c)

Q.36. “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
Ans. (b)

Q.37. 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 a wide freedom of choice to draw up principles common to various systems of Municipal Law.
Ans. (a)

Q.38. 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.
Ans. (c)

Q.39. 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.
Ans. (a)

Q.40. Assertion (A): International Law is impotent to restrain a powerful nation which has no decent respect for the opinion of mankind.
Reason (R): Sanctions behind International Law are not effective because there is not international police force to enforce them.
Ans. (a)

Q.41. Assertion (A): Article 38 (1) of the ICJ statute directs the Court to apply judicial decisions as a subsidiary means for 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.
Ans. (b)

Q.42. The subjects of International Law are:
(a) states only
(b) only International organizations
(c) states. International organizations and Individual
(d) United Nations
Ans. (c)

Q.43. Which one of the following sources may be regarded as 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
Ans. (d)

Q.44. “If State grants recognition to another State in violation of 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
Ans. (c)

Q.45. 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 tie facto recognition by other states individually
(d) constitutes de jure recognition by other states individually
Ans. (b)

Q.46. In the Right of Passage over the Indian Territory case the International Court of Justice decided that:
(a) colonial treaties ceased be valid
(b) customary law right
(c) Dadra and Nagar Haveli were not part of the former Brititish India
(d) resort to force by India in the liberation of God was justified
Ans. (b)

Q.47. Article 4 of the U.N. Charter membership provides that membership of the United Nations is open to peace loving states which:
(a) accept and are able and willing to carry out the obligations of Charter
(b) promote friendly relations among nations through international co-operation
(c) support and provide the right of self-determination to the people in various colonies
(d) undertake to protect human rights of its people as laid down in various U.N. Human Rights instruments
Ans. (a)

Q.48. If there is any threat to International Peace and Security, the Security Council is empowered to take enforcement action under which one of the following chapters of the U.N. Charter:
(a) III
(b) IV
(c) Vl
(d) Vll
Ans. (d)

Q.49. To which one of the following is India not a party?
(a) International convention on economic, social and cultural rights
(b) International convention on civil and political rights
(c) International convention on the elimination of all forms of racial discrimination
(d) International convention against torture and other cruel in human or degrading treatment or punishment
Ans. (d)

Q.50. When the Security Council is exercising respect of any dispute or situation the functions assigned to it in the present charter, the General Assembly:
(a) shall not make any recommendation with regard to that dispute or situation unless the security Council so requests
(b) cannot make any recommendation with regard to that dispute
(c) can make a recommendation with regard to that dispute or situation
(d) can make a recommendation on the advice of the Secretary General.
Ans. (a)

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