UPSC Civil Service Practice questions International law

UPSC Civil Service Practice questions International law
UPSC Exam, Civil Services Exam Preparation :Law
upsc civil services solved law questions on International law

Q.1. Assertion (A) Supporters of realist theories argue that the real importance of international law lies in the validity of its claim to be law.
Reason (R): That it is accepted as a major influence on international politics is enough to justify the existence of International Law.
Ans. (a)

Q.2. Assertion (A): Article 6 of the U.N Charter provides that a member of the U.N. which had persistently violated the principles contained in the present charter may be expelled from the UNO by the General Assembly on the recommendation of the Security Council.
Reason (R): Since expulsion of a member is a substantial question under the Charter, a decision on it will, require nine affirmative votes of the Security Council including those of the permanent members and a decision by the General Assembly with, two-thirds majority.
Ans. (a)

Q.3. Which one of the following pairs is not correctly matched?
(a) St. Thomas Aquins : Natural law
(b) Kelsen : Monism
(c) Austin : Positivism
(d) Grotius : Sovereignty of State
Ans. (d)

Q.4. Consider the following statements:
1. International law is positive morality
2. The consensual theory describes accurately the reality of law.
3. International law lacks many of the institutions present under the national law.
Which of the statements given above is/are correct?
(a) l and 2
(b) 2 and 3
(c) 1 and 3
(d) 3 only
Ans (d)

Q.5. Match List-I (Books) with List-II (Authors) and select the correct answer using the codes given below the Lists:
List-I List -II
(Books) (Authors)
A. De juri belli ac pacis 1. Bentham
B. The law of Nations 2. Austin
C. The introduction to the Principles of Morals and Legislation 3. Grotius
D. The Province of Jurisprudence Determined 4. Brierly
Codes:
A B C D
(a) 3 1 4 2
(b) 2 4 1 3
(c) 3 4 1 2
(d) 2 1 4 3
Ans. (c)

Q.6. Consider the following statements:
Where customary law and treaty law stipulate the
same Or similar legal obligations
1 State party to the treaty is bound by treaty law alone.
2. State party to the treaty is bound by both custom and treaty laws
3. non-parties are bound by treaty law
4. supers powers can disregard both custom and treaty laws
Which of the statements given above is/are correct?
(a) l and 2
(b) 3 and 4
(c) 2 only
(d) 1 only
Ans. (d)

Q.7. Which one of the following statements is correct?
The concept of jus cogens is understood and applied in the sense that it is a:
(a) preemptory norm of International Law to be developed at a future time
(b) preemptory norm from which no derogation is permitted and which can be modified by a subsequent norm of general international law having the same character
(c) long established rule of international law which cannot he violated
(d) rule development by the consent of signatory of treaties to set aside the rules laid down in the treaty
Ans. (b)

Q.8. Match List-I (Cases) with List-II (Concepts Laid Down) and select the correct answer using the codes given below the Lists:
List-I List-II
(Cases) (Concepts Laid Down)
A. Corfu Channel Case 1. Concept of limited liability
B. Danube Dam Case 2. Exclusion of circumstantial evidence
C. South West Africa Case 3.Concept of compensation for proven injury
D. Barcelona Traction Case 4. Concept of trusts
Codes:
A B C D
(a) 1 4 3 2
(b) 2 3 4 1
(c) 1 3 4 2
(d) 2 4 3 1
Ans. (c)

Q.9. Which one of the following statements is correct?
In view of the two world courts, the decisions of municipal courts:
(a) constitute as customary source of International Law
(b) constitute as subsidiary means of International Law
(c) are useful only for reference between particular States
(d) are not useful at all
Ans. (a)

Q.10. “Private rights acquired under existing law do not cease on change of sovereignty” was held in:
(a) Chorozow Factory Case
(b) German Settlers in Poland case
(c) Mavrommatis Palestine Concession case
(d) Robert E. Brown Case
Ans. (b)

Q.11. In Adams v. Adams case, a U.K. Court was required to recognize a divorce granted in Southern Rhodesia. At that time the U.K. had not recognized that country as a sovereign State. The Court:
(a) recognized the divorce decree by applying the principle of private International Law
(b) recognized the divorce decree by applying the doctrine of acts of a delegated sovereign
(c) refused to recognize the divorce decree by relying on the executive certificate
(d) refused to recognize the divorce decree by applying the doctrine of retroactivity
Ans. (d)

Q.12. Consider the following statements
1. General Assembly resolutions arc of no legal significance
2. General Assembly resolutions are legally binding on members in procedural matters
3. General Assembly resolutions are legally binding on members in procedural matters
4. General Assembly resolutions are recommendatory
in character
Which of the statements given above are correct?
(a) l, 2, 3 and 4
(b) l, 2 and 3
(c) 2, 3 and 4
(d) 1 and 4
Ans. (c)

Q.13. Which one of the following Articles of the United Nations Charter authorizes the General Assembly to establish subsidiary organs for its performance?
(a) Article 19
(b) Article 20
(c) Article 21
(d) Article 22
Ans. (d)

Q.14. Select the correct sequence in which the given principles have been set forth in the Article 2 of the UN Charter?
(a) Peaceful settlements of disputes—Fulfillment in good faith of obligations contained in the Charter—Sovereign equality of States -Prohibition on use of force
(b) Sovereign equality of States—Prohibition on use of force-Peaceful settlements of disputes—Fulfillment in good faith of obligations contained the Charter
(c) Peaceful settlements of disputes—Prohibition on use of force—Sovereign equality of States—Fulfillment in good faith of obligations contained in the Charter
(d) Sovereign equality of States—Fulfillment in faith of obligations contained in
Charter—Peaceful settlements disputes—Prohibition on use of force
Ans. (d)

Q.15. Consider the following statements
1. In the International Court of Justice, any two or more of the 15 members can be nationals from the same State
2. A person who for the purposes of membership in the International Court of Justice could be regarded as a national of more than one State shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)

Q.16. The appointments of the judges of the International Court of Justice are made with due regard to ensuring that the judges elected would represent:
(a) All the members of the United Nations
(b) The main civilizations and the principal legal systems of the would
(c) All parties to the Statute of the International Court of Justice
(d) Those States which have accepted the compulsory jurisdiction of the Court
Ans. (b)

Q.17. Which Article of the Universal Declaration of Human Rights, 1948 imposes Duties towards the community in realizing the free and full development of one’s personality?
(a) Article 1
(b) Article 15
(c) Article 25
(d) Article 30
Ans. (c)

Q.18. Match List-I (Articles of the International covenant of Economic, Social and Cultural Rights) with List-II (Rights) and select the correct answer using the codes given below the Lists:
List-I List-II
(Articles of the International Covenant (Rights)
on Economic, Social and Cultural Rights)
A. Article 9 1. Education
B. Article 13 2. Standard of Living
C. Article 11 3. Social security
D. Article 1 4. Self determination
Codes:
A B C D
(a) 4 2 1 3
(b) 3 1 2 4
(c) 4 1 2 3
(d) 3 2 1 4
Ans. (b)

Q.19. Which one of the following statements is correct? A member of the U.N. may be suspended from the exercise of its rights and privileges of membership by the:
(a) General Assembly
(b) Security Council
(c) General Assembly on the recommendation of the Security Council
(d) International Court of Justice
Ans. (c)

Q.20. Article 46 of the U.N. charter provides that the plans for the application of the armed forces shall be made by the Security Council with the assistance of the:
(a) Commission of military staff
(b) Members of the Secretariat
(c) Permanent members of the Security Council
(d) Military Staff Committee
Ans. (a)

Q.21. Which one of the following statement is correct?
The Universal Declaration of Human Rights 1948:
(a) is a common standard of achievement for all people and all nations
(b) is a treaty universally binding on all nations
(c) is a common standard of achievement for those nations only who voted for the Declaration in the General Assembly of the United Nations
(d) provides machinery for implementing the protection of human rights globally
Ans. (c)


Q.22. Which two of the following rights do not find place in the International Covenant on Economic, Social and Cultural Rights?
(a) Right to work
(b) Right to adequate food
(c) Right to self-determination
(d) Right to privacy
Select the correct answer using the code given below:
(a) 1 and 2
(b) 2 and 3
(c) 3 and 4
(d) l and 4
Ans. (c)

Q.23. Which two of the following rights do not find place in the International covenant on Civil and Political Rights?
1. Right to leave any country including his own and to return to his country.
2. Protection against torture and other forms of cruel and inhuman or degrading treatment or punishment.
3. Right to move the International Court of Justice.
4. Right to be a member of the UN.
Select the correct answer using the code given below:
(a) l and 3
(b) 3 and 4
(c) l and 4
(d) 2 and 4
Ans. (b)

Q.24. Which one of the following statements does not occur in Article 1 of the Universal Declaration of Human Rights?
(a) All human beings are born free and equal in dignity and rights
(b) They are endowed with reason and conscience
(c) They should always live together peacefully
(d) They should act towards one another in a spirit of brotherhood
Ans. (c)

Q.25. Consider the following statements:
1. Jurisdiction of the International Court of Justice is voluntary and obligatory.
2. Jurisdiction of the International Court of justice can be imposed on Member Nations of the UN.
3. General Assembly and Security Council may refer a matter toe International Court of Justice advice.
4. International Court of Justice is court of appeal from Supreme Court of Member Nations.
Which of the two from the above statements are correct?
(a) 1 and 3
(b) 2 and 4
(c) 3 and 4
(d) 1 and 4
Ans. (a)

Q.26. Assertion (A): The effect of conditional recognition is that failure to fulfill the condition or obligation will annual the recognition.
Reason (R): Recognition may be conditional as some times states are recognized subject to a condition generally and obligation which they under take to fulfill.
Ans. (d)

Q.27. Which one of the following is not included in the UN Charter as an objective of the United Nations?
(a) To protect the sovereignty of the member states
(b) To avoid war as a means for settlements of International disputes
(c) Development of human personality
(d) To ensure respect for international obligations arising from treaties and other forms of International Law.
Ans. (c)

Q.28. Consider the following statement:
The Economic and Social Council of the U.N.:
1. may prepare draft conventions submission to the General Assembly on subjects falling within its competence.
2. may call international conferences on matters falling within it competence.
3. may appoint the members of Human Rights Committee.
4. may make recommendations for promoting respect for and observance of human rights and fundamental freedom.
Which of the statements given above are correct?
(a) 1 and 2
(b) l, 2 and 3
(c) 3 and 4
(d) 1, 2 and 4
Ans. (d)

Q.29. Which one of the following statements is correct? De facto recognition of a foreign government:
(a) is as conclusively binding, while it lasts, as dc/are recognition
(b) is conclusive
(c) is always equal to dc/tire recognition
(d) has no legal effects
Ans. (a)

Q.30. What is an act of withholding of recognition to new territorial titles or territorial changes brought out by use of force or any other act of doubtful character depriving the rightful claimant thereto, commonly called ?
(a) Estrada Doctrine
(b) Stimpsons Doctrine
(c) Calvo Doctrine
(d) Drago Doctrine
Ans. (b)
Q.31. Arrange the following sources of International Law in the preferential sequence in which they are applied by International Court of Justice while deciding such disputes as are submitted to it?
1. General international convention.
2. General principles of law recognized by civilized nations
3. International customs
4. Judicial decisions of international tribunals
Select the correct answer using the codes given below:
(a) 1, 2, 3, 4
(b) 4, 3, 2, 1
(c) 1, 3, 2, 4
(d) 4, 2, 3, 1
Ans. (c)

Q.32. “Universal respect for, and observance of Human Rights and Fundamental Freedom for all without distinction as to race, sex, language of religion”.
Which one of the following documents contains the above?
(a) Universal Declaration of Human Rights
(b) UN Charter
(c) European Covenant on Human Rights and Fundamental Freedom
(d) International Covenant on Civil and Political Rights
Ans. (a)

Q.33. Which one of the following is not a source of International Law?
(a) Constitutions of sovereign States
(b) Treaties
(c) International conventions
(d) International customs and practices
Ans. (a)




Q.34. Consider the following statements:
1. All natural persons are legal persons.
2. All legal persons are treated as natural persons
3. All business associations are legal persons.
Of the above statements:
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 are correct
(d) 1 alone is correct
Ans. (c)

Q.35. Which of the following could be considered to be advantages of legislation over precedent?
1. Abrogative power
2. Foreknowledge
3. Prospective application
4. Systematic arrangement
Select the correct answer using the codes given below:
Codes:
(a) 1, 2, 3 and 4
(b) 2 and 3
(c) l, 2 and 4
(d) 1,2 and 3
Ans. (a)

Q.36. The statement ‘equitable ownership of a legal right is different from the ownership of an equitable right” shows that law and equity differ with regard to:
(a) only the existence of rights
(b) only the ownership of rights
(c) both existence and ownership of rights
(d) the existence of a right but not regarding the consistency of a right
Ans. (c)

Q.37. ‘A’ conveys land to ‘B’ for life and thereafter to ‘C’ absolutely.
This is an example of:
(a) sole ownership and co-ownership
(b) trust and beneficial ownership
(c) legal and equitable ownership
(d) fragmentation of ownership in respect of time
Ans. (c)

Q.38. While digging the foundation of a building, the labourers found a bronze statue belonging to the pre-Christian era. The possession of the statue is claimed by the owner of the land. Which one of the following could be an appropriate ground for the claim of the land-owner?
(a) The labourers are employees of the owner-working under his control
(b) The owner has the corpus of the land and has the right indefinite
(c) The owner has the right to exclude all others from control over the statue and has therefore a priority recognized by law
(d) The owner is assumed to have intended to control all that which lies under the piece of land he owns
Ans. (d)

Q.39. Salmon enumerates five characteristics of legal rights.
Four such characteristics are:
(a) Property in respect of which right is claimed
(b) Act of omission required by the right
(c) The legal reason for the existence of the rights
(d) The subject of the corresponding duty
Ans (d)

Q.40. Out of the following jurists whose theory of law has earned the name of ‘ natural law with a variable content’?
(a) St. T. Aquinas
(b) John Locke
(c) R. Stammler
(d) J. Raw
Ans. (c)

Q.41. The Supreme Court of India in A.K. Gopalan v. State of Madras decided that the expression ‘procedure established by law’ in Article 21 of the Constitution means any procedure prescribed by law irrespective of its reasonableness or otherwise.
This decision belongs to the school of:
(a) positivist approach
(b) naturalist approach
(c) historical approach
(d) sociological approach
Ans. (a)

Q.42. Which one of the following statements correctly conveys Fuller’s theory of inner morality of law?
(a) Every piece of law, in order to be valid, must fulfill certain procedural requirements like generality, prospectivity, promulgation, intelligibility and consistency
(b) The contents of every law, in order to be valid must be of a minimum moral standard
(c) The question of morality of every law is a matter for the inner conscience of the legislators and judges have nothing to do with it
(d) The question of morality of law is not for the courts to determine.
Ans. (a)

Q.43. Opinion of jurists is:
(a) general source of law
(b) historical material source of law
(c) legal material source of law
(d) not a source of law
Ans. (b)

Q.44. Which one of the following statements relating to a valid custom is a FALSE statement?
(a) It must have antiquity
(b) It must have been enjoyed peacefully
(c) It must be judicially recognized
(d) It must have certainty and uniformity
Ans. (c)
Q.45. According to Salmond, supreme legislation refers to:
(a) colonial legislation
(b) executive legislation
(c) judicial legislation
(d) law made by the Parliament
Ans. (d)

Q.46. A decision of Privy Council given before 1949 is:
(a) binding on the High Courts unless they have been overruled by the Federal Court or the Supreme Court.
(b) having only persuasive value on the High Courts
(c) binding only when the case was decided by two or more judges
(d) binding only when recognized by Supreme Court.
Ans. (b)

Q.47. ‘A’ owes to ‘B’ rupees five hundred which has become time-barred. B’s claim to rupees five hundred is:
(a) in the nature of an imperfect legal right
(b) in the nature of a perfect legal right
(c) in the nature of only a moral right
(d) no right at all
Ans. (a)

Q.48 . In which one of the following case has the Court applied the doctrine of “lifting the veil” to determine distinct personality of a corporation ?
(a) Salomon v. Salomon and Co. Ltd.
(b) Johnson v. Kennedy
(c) Moors v. Burke
(d) Young v. Hitchens
Ans. (a)

Q.49. Assertion (A): Custom to have the force of law must be immemorial.
Reason (R) : Custom represents common consciousness of the people.
Ans. (b)



Q.50. The statement “There is no distinction between public and private law” is attributed to:
(a) Comte
(b) Spencer
(c) Duguit
(d) Ehrlich
Ans. (c)