Law Practice paper International law for Civil judge jobs

Law Practice paper International law for Civil judge jobs
Civil Judge Public Prosecutor Exam. Solved practice Paper
PCS Civil Judge Exam Practice question Paper



Q. 1. Match List-I with List-II and select the correct answer from the codes given below the Lists:
List - I List -II
A. The conception of one world 1.Jeremy Benthani
B. The term ‘International Law was first coined by 2. Wendell Wilkie
C. The Franconia 3.Anzilotti
D. Pacta Sunt Servanda 4. Lord coleridge
Codes:
A B C D
(a) 1 3 2 4
(b) 3 2 4 1
(c) 2 1 4 3
(d) 4 1 2 3
Ans. (c)

Q. 2. ‘Jus cogens’ means:
(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
Ans. (a)

Q. 3. Which one of the following statements most appropriately describes the nature of International Law?
(a) A body of customary and conventional rules regulating 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 organizations and certain individuals which States feel bound and do observe in their conduct
Ans. (d)

Q. 4. 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 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
Ans. (d)
Q. 5. Which one of the following is a lawmaking 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) Indo-Soviet Friendship treaty
(d) Pact of Paris 1928
Ans. (d)

Q. 6. A decision. of the International Court ‘of Justice has a binding effect on
(a) parties alone in that particular case
(b) the States in simi1a situations
(c) national courts in similar circumstances
(d) interveners who were not original parties in the particular case
Ans. (a)

Q.7. In which one of the following cases is there implied recognition?
(a) Participation in an international conference in which the unrecognized authority takes part
(b) Conclusion of a multilateral treaty to which the unrecognized authority is a party
(c) Initiation of diplomatic relations without formal declaration of intention to recognize
(d) Direct negotiations with the authority not recognized for the protection of foreign national
Ans.(c)

Q. 8. The effect of de jure recognition is that the state has been recognized in law.
Such recognition can be withdrawn:
(a) in legal sense
(b) when the recognized State becomes a member of U.N.O .
(c) hen the recognized State declares war against the recognizing State
(d) on non-fulfillment of condition for the grant of de jure recognition
Ans. (a)

Q. 9. 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
Ans. (c)

Q. 10. “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
Ans. (b)

Q. 11. 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
Ans. (a)

Q.12. 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
Ans. (c)

Q. 13. 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 tinder the ‘uniting for peace’ Resolution
(d) Security Council can intervene for the release of hostages taken by a State
Ans. (a)

Q. 14. 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
Ans. (c)

Q. 15. The right of self defense provided in the U.N. Charter is subject to the judgment of the:
(a) General Assembly
(b) Security Council
(c) International Court of Justice
(d) Secretary General of the U.N.
Ans. (b)
Q. 16. 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
Ans. (b)

Q. 17. 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) unanimous opinion of other judges of the Court
(d) Unanimous decision of the General Assembly
Ans. (c)

Q. 18. Which one of the, following statements is WRONG in respect of any particular judgment 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 judgment
(d) If a country is not a party to the case and is adversely affected by the judgment she is allowed to appeal
Ans. (d)


Q. 19. 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 apolitical act
Select the correct answer form the codes given below:
(a) 1 and 2
(b) 2 and 3
(c) 1 and 4
(d) 1,3 and 4
Ans. (c)

Q. 20. 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 Organization, 1945
Ans. (c)
Q. 21. 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
Ans. (a)

Q. 22. When India and Pakistan became independent and 0 issue of succession in membership of the Unit Nations arose, India argued that she retains membership in the organization because:
(a) both India and Pakistan succeeded to member of the British India in the United Nations
(b) India alone succeeded to the membership of the United Nations
(c) Pakistan alone succeeded to membership of the United Nations
(d) both India and Pakistan were required to seek fresh membership of the United Nations
Ans. (b)

Q. 23. A member of the United Nation can be suspended from the exercise of the rights and privileges of membership by the:
(a) General Assembly
(b) Security Council
(c) General Assembly on the recommendations of the Security Council
(d) Security General on the recommendations of the Security Council
Ans. (c)

Q. 24. The General Assembly of the United Nations passed Uniting for Peace Resolution on:
(a) November 10 1950
(b) October 24. 1945
(c) July 20, 1963
(d) November 3, 1950
Ans. (d)

Q. 25. Article 26 of the I.C.J. Statute provides for the - formation to a composed of five judges at the request of the parties of the dispute. This procedure was adopted for the first time in the case of:
(a) Hostages
(b) Nicaragua
(c) Gulf of Maine
(d) Electronica Sicula S.P.A
Ans. (b)

Q. 26. The judgment of International Court of Justice is to be signed
(a) by the P and Registrar of the Court (b) by all the judges who heard the case
(c) only by the President of the Court (d) only by the Registrar of the court
Ans. (a)

Q. 27. In which one of the following cases did the International Court of Justice refrain from giving its final judgment?
(a) Right of Passage case
(b) Nuclear Tests case
(c) Corfu Channel case
(d) None of the above
Ans. (b)

Q. 28. John Austin has opined that :
(a) International Law is private law ‘writ large’
(b) International Law is code of the rule of positive international morality
(c) International Law is law only courtesy
(d) International Law is the vanishing point of jurisprudence
Ans. (b)

Q. 29. In the context of the sanctions contemplated by Article 5, 6, 41 and 42 of the Charter of the United Nations International Law is:
(a) “only set by general opinion and the duties which it imposes are enforced by moral sanctions” that is it is “only positive morality and not positive law”
(b) “the vanishing point of jurisprudence”
(c) “the law in the making law struggling for existence”
(d) “as much law as any other law”
Ans. (d)

Q. 30. Who among the following said that the law of nations is “the body of legal rules which apply between states and such entities as have been granted international
personality” ?
(a) Fenwick
(b) Oppenheim
(c) Schwarzenegger
(d) Verdross
Ans. (c)

Q.31. “An English Court could not give any effect to any rules of International Law. unless such rule were proved to have been adopted by Great Britain in a positive manner.”
This was held by the Court in:
(a) Lotus case, 1927
(b) R.V. Keyn (Franconia’s case ) 1876
(c) Chung Chi Cheung V. the King, 1939
(d) Zamora case, 1916
Ans. (c)

Q. 32. Which one of the following doctrines requires that the parties to a treaty are bound to observe it terms in good faith?
(a) The Drago doctrine.
(b) Right of asylum
(c) Doctrine of equality
(d) Pacta Stint Servanda
Ans. (d)

Q. 33. Which one of the following. pairs are correctly matched?
(a) Custom Source of International Law and Municipal Law
(b) Conventions Source of Municipal Law
(c) Constitution Source of International Law and Municipal Law
(d) Usage and Legislation Source of international Law and Municipal Law
Ans. (a)

Q. 34. The general principles of law recognized by civilized nation mean
(a) general principles of International Law applied in the International sphere
(b) general principles of Municipal Law which can be
(c) general principles of natural law
(d) general principles of law recognized by U.N.O.
Ans : (b)

Q. 35. In Paquete Habana case which of the following judgments were made by the court?
1. International Law is a part of the law of United States.
2. The fishing vessels are exempt from capture during war.
3. In no circumstances the fishing vessels could be destroyed.
4 The works and opinions of jurist could be resorted to for the evidence of customs and usages.
Select the correct answer from the codes given below
Codes:
(a) 1, 2 and 4
(b) 2, 3 and 4
(c) 1, 3 and 4
(d) 1, 2 and 3
Ans. (c)

Q. 36. Assertion (A): International Law is not law at all.
Reason (R): International Law has no judicial system to enforce the law by applying sanctions.
Ans. (d)

Q. 37. Consider the following statements:
According to the Naturalist School of international Law,
1. Rules of International Law denote the ideal law founded on the nature of man as a reasonable being.
2. Rules of International Law are the body of rules which nature dictates to human reason.
3. International Law derived its binding force from the fact that it was mere application to particular circumstances of The “law of nature’’.
4. The concept of International Law and Natural Law is identical as both are based on reason and justice.
Of these statements:
(a) 2 and 4 are correct
(b) 1,2 and 3 are correct
(c) 1 and 3 are correct
(d) 1, 2, 3 and 4 are correct
Ans. (b)

Q. 38. To be subject of International Law an entity should be endowed. with:
(a) the procedural privilege of prosecuting a claim before an international tribunal
(b) capacity to conclude treaties
(c) interests for which provision is made by International Law and capacity to conclude treaties
(d) right and duties under International Law which vest it with the right to sue and be sued, capacity to enter into treaties and be holder of certain interests
Ans. (d)

Q. 39. “The best evidence for the existence of International Law is that every State recognizes that it does exist and that it is itself under obligation to observe it”.
The above statement was made by:
(a) Sir Frederick Pollock
(b) Brierly
(c) Corbett
(d) De Visscher
Ans. (b)

Q. 40. “Pacta Sunt Servanda” means:
(a) treaties are accepted in good faith
(b) treaties are revocable
(c) treaties are irrevocable
(d) treaties are not binding
Ans. (a)

Q. 41. Match List-I with List-II and select the correct answer using the codes given below the lists:
List –I List –II
(a) Grotius 1.Natural law based on Catholic Christian doctrine
(b) Gentillis 2. Positive morality
(c) Austin 3. Forerunner of Positivist School
(d) Vittoria 4.De Jure Belli ac pacis
Codes:
A B C D
(a) 1 2 3 4
(b) 4 1 2 3
(c) 4 3 2 1
(d) 2 3 4 1
Ans. (b)

Q. 42. Which one of the following is relatively the most important source of International Law?
(a) Treaties
(b) Judicial Decision
(c) Custom
(d) The general principles of Law
Ans. (a)

Q. 43. ‘International Law is true law’ is based on the assumption that:
(a) the naturalists have accepted. the branch as law
(b) in practice the states have acted in accordance with International Law
(c) it has been proved that in modern times individual and states can be punished, for violation of International Law
(d) treaties and conventions are recognized in true of law
Ans. (b)

Q.44.Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I List - II
A .Thomas Jefferson 1. Favored using recognition to spread democracy around
the world by demanding free election
B Woodrow Wilson 2. Formed by the will for the nation , substantially declared

C William Gerard 3. Required a demonstration of popular support for the new
Government
D Rutherford Hayes 4. Recognition. , as an indication of Government ability of
honour its international obligation
Codes:
A B C D
(a) 1 2 3 4
(b) 2 1 4 3
(c) 2 3 4 1
(d) 4 1 2 3
Ans. (a)

Q. 45. A state becomes an International person by recognition and recognition alone.
This is called:
(a) facultative theory
(b) declatory theory
(c) evidentiary theory
(d) constitutive theory
Ans. (d)

Q. 46. The admission of a new political entity into the United Nations can be termed as
(a) express recognition
(b) conditional recognition
(G) collective recognition
(d) de facto recognition
Ans. (c)

Q. 47. Which one of the following cases relates to succession of customary right relating to territory?
(a) Island of Plamas case
(b) Anglo Norwegian fisheries case
(c) North Sea Continental Shelf Cases
(d) Right of passage over Indian territory case
Ans. (d)

Q. 48. “The rule of state succession in International Law was incorporated by Grotius which he had adopted From Roman Law.” This was stated by:
(a) Charles Fenwick
(b) L. Oppenheim
(c) J.G Starke
(d) Schwarzenegger
Ans. (a)

Q. 49. The admission of any peace loving state to membership of the U.N. will be affected by the:
(a) decision of the Security Council
(b) recommendation of the Security Council
(c) decision of the General Assembly
(d) decision of the 4 Assembly on the recommendation of state Security Council
Ans. (d)

Q. 50. Which one of the following organs of the U.N. has the power to suspend or expel a member of the United Nations?
(a) Economic and Social Council
(b) Security Council
(c) International Court of Justice
(d) General Assembly on the recommendation of the Security Council
Ans. (d)