Sample Questions for Tutorial Test DL 6109 (Public International Law) Objective Type 1.

What is the most important source of the present day international law. (a) Treaty (/) (b) Custom (c) General Principle 2. What do treaties create for the contracting parties? (a) Law (/) (b) Custom (c) General principle 3. What is the older and the original source of international law? (a) Custom (/) (b) Treaty (c) Judicial Decision 4. What shall the International Court apply as a subsidiary means for the determination of rules of law. (a) custom (b) judicial decisions (/) (c) general principle 5. For what are judgments of municipal tribunals, considerable practical importance? (a) For determining what is the correct rule of international law (/) (b) For cumulative effect of uniform decisions of the courts (c) For evidence of international custom

6. In which theory, international law and municipal law are essentially different from each other?

(a) (b) (c)

Dualistic Theory (/) Monistic Theory Dualistic Theory and Monistic Theory

7. (a) (b) (c)

For what has municipal law no power? of altering or creating rules of international law (/) of altering or creating rules of Civil law of amending rules of Civil Law

8.

Under which doctrine, cannot a municipal court apply a particular rule of

international law? (a) (b) (c) doctrine of transformation (/) doctrine of incorporation both doctrine

9. (a) (b) (c)

How can you deem customary international law? automatically to be part of the law of the land (/) the dominant principle in a succession of decisions

10.

What are the principal subjects of international law?

(a) State (/)

(b) International organizations (c) Individuals

11. According to Article 34 (1) of the Statue of I.CJ what may be parties in cases before the Court."? (a) (b) (c) only state (/) Individuals only international organizations

12.

Who can enjoy privileges and immunities in accordance with international law?

(a) individuals as sovereigns, diplomats and international civil servants (/) (b) international organizations (c) state

13.

How many qualifications should state as a person of international law

possess? (a) three (b) two (c) four (/)

14. By which commission has "Draft Declaration on the Rights and Duties of States" drawn up in 1949?

(a) International Law Commission of the United Nations (/) (b) Motevideo Convention on Rights and Duties of States (c) United Nations

15. (a) (b) (c) 16. (a) (b) (c)

How is sovereignty defined by James Bodin?] the absolute and perpectual power within a state (/) the supreme power in a state, but not absolute power a right over everything, even over religion How does International Law generally do intervention? forbid (/) permit refrain

17. (a) (b) (c)

How many kinds of intervention are there? two three (/) four

18. (a) (b) (c) 19.

How many theories of recognition are there? two (/) three four How do you describe Recognition de jure? (a) full recognition (/) (b) a part of recognition (c) General recognition

20. (a) (b) (c)

In which territory does the contiguous zone consist? Land territory Maritime Territory (/) Territorial air space

21. Who can exercise sovereignty over its territorial sea subject generally to the right of innocent passage of foreign ships? (a) coastal state (/) (b) land-locked state (c) state

22. (a) (b) (c)

How long shall not the exclusive economic zone extend from the baselines? beyond 200 nautical miles (/) not more than 200 nautical miles about 200 nautical miles

23. "State jurisdiction" is the power of a state under international law. How can it govern? (a) to govern persons by its municipal law (b) to govern persons and property by its municipal law (/) (c) to govern persons and property by international law

24. (a) (b)

What can ships of all states enjoy through the territorial Sea? the right of innocent passage (/) the right of fishing activities

(c) 25. (a) (b) (c) 26. (a) (b) (c) 27. (a) (b) (c)

the right on the carrying out of research or survey activities How do you define "the high seas" as another term? open sea may be defined as all parts of the sea (/) internal waters the territorial sea. Can the high seas open to whom? all states (/) costal states land locked states How can you describe jurisdiction over all ships through the high seas? the jurisdiction of the state under whose flag they sail (/) the jurisdiction of accused state the jurisdiction of defendant state

28. When may be the pursuit commenced, although the mother ship is not within the territorial sea? (a) when one of its boats is within the territorial sea (/) (b) when the foreign ship is within the territorial sea (c) when one of its boats is beyond the territorial sea

29. (a) (b) (c)

From which Jurisdiction can diplomatic agents enjoy immunity? from criminal jurisdiction and civil jurisdiction (/) from criminal jurisdiction from civil jurisdiction

30. In which convention was the principle on the freedom of the high seas provided?

(a) UN Convention on the Law of the Sea, 1982 (/) (b) UN Convention on the Law of the Sea, 1969 (c) UN Convention on the Law of the Sea, 1992

Public International Law (6109) Short Questions 1. What are the sources of international law? In accordance with Article 38(1) of the Statute of the International Court of Justice, the sources of international law are as follows: (1) International Conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (2) International Custom, as evidence of a general practice accepted as law (3) The general principles of law recognized by civilized nations (4) Subject to the provisions of Article 59, judicial decisions and the teaching of the most highly qualified publicists of various nations, as subsidiary means for the determination of the rules of law.

2. How do you understand the definition of international law according to Prof. Oppenheim? According to Oppenheim, "Law of Nations or International Law is the name for the body of customary and treaty rules which are considered legally binding by states in their intercourse with each other".

3. How did the Permanent Court of International Justice declare a statement relating to international law in the Lotus case? In the "Lotus Case", the PCIJ declared that "International Law" governs relations between independent states. The rules of law binding upon states therefore emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law

and established in order to regulate the relations between these co-existing independent communities with a view to the achievement of common aims.

4. What are the differences between international law and municipal law, explain about it? There are three differences between international law and municipal law. According to the dualistic theory, international law and municipal law are essentially different from each other. Firstly they differ as regards their sources. The sources of municipal law are statues enacted by the law-giving authority and custom grow up within the boundaries of the state. The sources of international law are law-making treaties concluded by states and custom grown up among states. Secondly, they differ regarding the relations they regulate. Municipal law regulates relations between the individuals under the sway of a state and the relations between the state and the individual. On the other hand, international law regulates relations between states. Thirdly, they differ with respect to the substance of the law. Municipal law is a law of sovereign over individuals subjected to his away. On the other hand, international law is a law not above, but between sovereign states, and is therefore a weaker law. 5. A rule of international law automatically becomes part of municipal law without expressed need of adoption. Discuss about that doctrine. Under the "doctrine of incorporation", a rule of international law automatically becomes part of municipal law without the need for express adoption. The rule of international law is incorporated in municipal law simply because it is a rule of international law. This is the position in the United Kingdom in respect of international customary law.

6. Who are subjects of international law from the different views of Jurist? In Prof. Oppenheims opinion, "the subjects of the rights and duties arising from the law of nations are states solely and exclusively. According to Sir Frederick Smith, "States and States alone can enjoy locus standi in the law of nations: they are the only wearers of international personality". Austrian jurist Hans Kelsen and his followers maintain that individuals alone are the subjects of international law. 7. What is the term of sovereignty? The term 'sovereignty' was introduced into political science by Bodin in his celebrated work De la Republique. He defined sovereignty as the absolute and perpetual power within a state. Hobbes went even beyond Bodin, maintaining that a sovereign was not bound by any things, and had a right over everything, even over religion. However, Pufendorf maintained that sovereignty is the supreme power in a state, but not absolute power. 8. What kinds of recognition of theories are there? There are two theories of recognition, namely: (a) the constitutive theory, and (b) the declaratory or evidentiary theory. 9. Write about concurrent jurisdiction. When a merchant ship enters foreign internal waters, the jurisdiction of the flag state comes into conflict with the jurisdiction of the territorial state. According to the territorial principle, the territorial state has jurisdiction over foreign merchant ships in its waters; at the same time, it is the flag state that exercise jurisdiction over a ship flying her flag. In such a case, the two states have concurrent jurisdiction. 10. What is the most common procedure for settlement of international disputes?

The most common procedure for settlement of dispute is negotiation. It is the simplest means of settling state differences and states as a rule resort to it before they make use of other means. The great majority of treaties of pacific settlement recognize it as the first step towards the settlement of international disputes.