CLAT PG question bank

International Law MCQs for CLAT PG, Page 5

CLAT PG International Law questions 101-125 of 225, with answer keys and explanations covering sources, treaties, State responsibility, recognition, jurisdiction, law of the sea, the United Nations, use of force, and human rights.

225 questions29 topics101-125 on this page
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Revise core LLB subjects through CLAT PG MCQs, passage-led questions, answer keys, explanations, statutes, and exam-oriented legal principles.

  • Asylum and Extradition5
  • Diplomatic Protection and Treatment of Aliens5
  • Human Rights and Refugee Protection5
  • Human Rights Law5
  • Human Rights, Refugee Law, and IHL5
  • Immunities5
  • Immunities and Diplomatic Law5
  • International Court of Justice5
  • International Criminal Law20
  • International Economic and Environmental Law5
  • International Humanitarian Law10
  • Jurisdiction5
  • Jurisdiction and Immunities5
  • Jurisdiction, Extradition, and Asylum5
  • Law of the Sea10
  • Occupation Law5
  • Recent Developments15
  • Recognition and Statehood5
  • Refugee Law5
  • Sources of International Law20
  • State Responsibility10
  • State Responsibility and Use of Force5
  • State Succession and Nationality5
  • Statehood and Recognition10
  • Treaty Law20
  • United Nations5
  • United Nations and ICJ5
  • United Nations and the ICJ5
  • Use of Force10
Passage or principleMalcolm N Shaw, International Law; ICJ Statute Article 38

Article 38 of the ICJ Statute continues to provide the classic orientation for sources of international law. It refers to international conventions, international custom as evidence of a general practice accepted as law, and general principles of law recognised by civilised nations. Judicial decisions and the teachings of highly qualified publicists are treated as subsidiary means for determining rules of law. Custom requires both state practice and opinio juris. General Assembly resolutions are not automatically binding, but may have legal relevance as evidence of state views. The persistent objector doctrine remains a narrow exception, and jus cogens norms cannot be escaped through objection or agreement.

Question 101EasySources of International Law

According to the passage, which of the following is treated as a subsidiary means for determining rules of law?

  1. A

    International custom

  2. B

    Teachings of highly qualified publicists

  3. C

    General principles of law

  4. D

    International conventions

View answer and explanation

Correct answer: B. Teachings of highly qualified publicists

Article 38 treats judicial decisions and scholarly teachings as subsidiary means, not as the same kind of primary source as treaties, custom, and general principles.

Source note: Malcolm N Shaw, International Law; ICJ Statute Article 38

Question 102EasySources of International Law

The passage suggests that custom requires:

  1. A

    Only repeated behaviour

  2. B

    Only written acceptance by all states

  3. C

    State practice together with opinio juris

  4. D

    A Security Council resolution

View answer and explanation

Correct answer: C. State practice together with opinio juris

The passage expressly identifies both state practice and opinio juris as necessary elements of customary international law.

Source note: Malcolm N Shaw, International Law; ICJ Statute Article 38

Question 103MediumSources of International Law

What is the best explanation for the relevance of some General Assembly resolutions in international law?

  1. A

    They are always binding law

  2. B

    They may evidence state views and contribute to legal development

  3. C

    They override treaties automatically

  4. D

    They bind only private parties

View answer and explanation

Correct answer: B. They may evidence state views and contribute to legal development

The passage notes that such resolutions are not automatically binding, but they may still matter as evidence of state views or normative expectation.

Source note: Malcolm N Shaw, International Law; ICJ Statute Article 38

Question 104MediumSources of International Law

Which statement most accurately follows from the passage regarding the persistent objector doctrine?

  1. A

    It defeats jus cogens norms

  2. B

    It is a broad escape route from all sources of law

  3. C

    It is a narrow exception in customary law

  4. D

    It applies only to treaties

View answer and explanation

Correct answer: C. It is a narrow exception in customary law

The passage calls it a narrow exception and specifically notes that peremptory norms cannot be escaped by objection.

Source note: Malcolm N Shaw, International Law; ICJ Statute Article 38

Question 105HardSources of International Law

If two states conclude a treaty that conflicts with a peremptory norm, the best inference from the passage is that:

  1. A

    The treaty remains valid if both states consent

  2. B

    The treaty can displace the peremptory norm between the parties

  3. C

    The treaty cannot stand against jus cogens

  4. D

    The conflict is resolved by majority vote in the General Assembly

View answer and explanation

Correct answer: C. The treaty cannot stand against jus cogens

Peremptory norms are superior in the sense that states cannot contract out of them by agreement.

Source note: Malcolm N Shaw, International Law; ICJ Statute Article 38

Passage or principleMalcolm N Shaw, International Law; Montevideo doctrine

Statehood is usually discussed through the familiar indicators of population, territory, government, and capacity to enter into international relations. Recognition remains controversial in theory. The declaratory approach treats recognition as acknowledging an existing fact, while the constitutive approach gives legal significance to recognition by existing states. In practice, recognition may be de facto or de jure. State succession raises further questions concerning treaties, state property, debts, archives, and nationality. Newly independent states have often been associated with the clean slate approach in treaty succession, though state practice is more nuanced than any single formula.

Question 106EasyRecognition and Statehood

Which of the following is one of the classic indicators of statehood referred to in the passage?

  1. A

    A democratic constitution

  2. B

    A permanent population

  3. C

    Membership of the UN

  4. D

    Judicial review

View answer and explanation

Correct answer: B. A permanent population

The passage restates the familiar Montevideo style indicators, including a permanent population.

Source note: Malcolm N Shaw, International Law; Montevideo doctrine

Question 107MediumRecognition and Statehood

Under the declaratory approach, recognition is best understood as:

  1. A

    Creating statehood by pure legal magic

  2. B

    Acknowledging a state that already exists as a matter of fact

  3. C

    Replacing effective government

  4. D

    A requirement only for colonial entities

View answer and explanation

Correct answer: B. Acknowledging a state that already exists as a matter of fact

The declaratory view treats recognition as acknowledging rather than constituting statehood.

Source note: Malcolm N Shaw, International Law; Montevideo doctrine

Question 108EasyRecognition and Statehood

The passage distinguishes de facto recognition from de jure recognition primarily on the basis that de facto recognition is:

  1. A

    A fuller and final form

  2. B

    Provisional or factual in character

  3. C

    Available only through the ICJ

  4. D

    A form of treaty ratification

View answer and explanation

Correct answer: B. Provisional or factual in character

The passage presents de facto recognition as a more tentative or factual mode, contrasted with fuller de jure recognition.

Source note: Malcolm N Shaw, International Law; Montevideo doctrine

Question 109EasyRecognition and Statehood

State succession questions commonly relate to all of the following except:

  1. A

    Treaties

  2. B

    State debts

  3. C

    Archives

  4. D

    Private friendships of leaders

View answer and explanation

Correct answer: D. Private friendships of leaders

The passage lists treaties, state property, debts, archives, and nationality, not personal relationships.

Source note: Malcolm N Shaw, International Law; Montevideo doctrine

Question 110HardRecognition and Statehood

The clean slate approach mentioned in the passage is most closely associated with the proposition that:

  1. A

    Every predecessor treaty automatically continues

  2. B

    Newly independent states are not automatically bound by every predecessor treaty

  3. C

    Recognition is unnecessary

  4. D

    Statehood depends on military capacity alone

View answer and explanation

Correct answer: B. Newly independent states are not automatically bound by every predecessor treaty

That is the proposition expressly attached to the clean slate idea in the passage.

Source note: Malcolm N Shaw, International Law; Montevideo doctrine

Passage or principleMalcolm N Shaw, International Law

Jurisdiction in international law is structured through principles such as territoriality, nationality, the protective principle, passive personality, and in limited contexts universal jurisdiction. Extradition usually depends on treaty or statute, and safeguards such as double criminality, speciality, and exceptions for certain political offences have historically played an important role. Territorial asylum differs from diplomatic asylum, the latter being accepted only in more limited and regionally shaped ways. Domestic constitutional commitments and human rights obligations increasingly affect extradition and removal decisions.

Question 111EasyJurisdiction, Extradition, and Asylum

Which jurisdictional principle is most directly linked with acts committed within a state territory?

  1. A

    Territoriality

  2. B

    Universality

  3. C

    Passive personality

  4. D

    Speciality

View answer and explanation

Correct answer: A. Territoriality

Territoriality is the classic ground by which a state regulates acts within its territory.

Source note: Malcolm N Shaw, International Law

Question 112EasyJurisdiction, Extradition, and Asylum

The passage suggests extradition usually depends on:

  1. A

    Treaty or statute

  2. B

    Private choice alone

  3. C

    UN membership only

  4. D

    A court order of the ICJ

View answer and explanation

Correct answer: A. Treaty or statute

Extradition is conventionally structured by treaty and domestic legislation.

Source note: Malcolm N Shaw, International Law

Question 113MediumJurisdiction, Extradition, and Asylum

The rule of speciality is most closely connected with:

  1. A

    The offences for which an extradited person may be tried

  2. B

    The dress code of diplomats

  3. C

    Maritime baselines

  4. D

    Recognition of governments

View answer and explanation

Correct answer: A. The offences for which an extradited person may be tried

Speciality protects the surrendered person from prosecution for unrelated offences outside the grant of extradition.

Source note: Malcolm N Shaw, International Law

Question 114MediumJurisdiction, Extradition, and Asylum

According to the passage, diplomatic asylum is:

  1. A

    Universally accepted in all legal systems

  2. B

    More limited and regionally shaped than territorial asylum

  3. C

    Identical to territorial asylum

  4. D

    A mandatory right in every embassy

View answer and explanation

Correct answer: B. More limited and regionally shaped than territorial asylum

The passage expressly contrasts territorial asylum with diplomatic asylum and notes the latter is more limited.

Source note: Malcolm N Shaw, International Law

Question 115HardJurisdiction, Extradition, and Asylum

The reference to human rights obligations affecting extradition and removal decisions indicates that extradition law today is:

  1. A

    Completely isolated from human rights law

  2. B

    Increasingly influenced by constitutional and human rights constraints

  3. C

    Dependent only on trade law

  4. D

    No longer relevant

View answer and explanation

Correct answer: B. Increasingly influenced by constitutional and human rights constraints

The passage highlights exactly that interaction.

Source note: Malcolm N Shaw, International Law

Passage or principleMalcolm N Shaw, International Law; Vienna Conventions

Immunity doctrine distinguishes between the immunity of the state and the immunity of state officials. The restrictive theory of state immunity draws a line between sovereign acts and commercial acts. Immunity ratione personae protects certain incumbent high-ranking officials while they remain in office, whereas immunity ratione materiae concerns official acts and may continue after office, subject to controversy in cases involving serious international crimes. Diplomatic privileges and immunities are functional in purpose and exist to secure the efficient performance of diplomatic missions. Consular officers enjoy a narrower framework of privileges and powers under a distinct convention.

Question 116EasyImmunities and Diplomatic Law

The restrictive theory of state immunity mainly distinguishes between:

  1. A

    Big states and small states

  2. B

    Sovereign acts and commercial acts

  3. C

    Monarchies and republics

  4. D

    Written and unwritten constitutions

View answer and explanation

Correct answer: B. Sovereign acts and commercial acts

That is the central distinction of the restrictive theory.

Source note: Malcolm N Shaw, International Law; Vienna Conventions

Question 117MediumImmunities and Diplomatic Law

Immunity ratione personae, as described in the passage, protects certain officials primarily because of:

  1. A

    Their wealth

  2. B

    Their office while they remain in office

  3. C

    Their private contracts

  4. D

    Their retirement status

View answer and explanation

Correct answer: B. Their office while they remain in office

The passage states that this immunity is tied to incumbency and rank.

Source note: Malcolm N Shaw, International Law; Vienna Conventions

Question 118MediumImmunities and Diplomatic Law

Immunity ratione materiae is most closely connected with:

  1. A

    Private acts done after retirement

  2. B

    Official acts performed in an official capacity

  3. C

    Every act of every citizen

  4. D

    Only legislative voting

View answer and explanation

Correct answer: B. Official acts performed in an official capacity

The passage ties ratione materiae to official acts, not simply personal status.

Source note: Malcolm N Shaw, International Law; Vienna Conventions

Question 119EasyImmunities and Diplomatic Law

Diplomatic immunity is described as functional because it exists to:

  1. A

    Reward diplomats personally

  2. B

    Secure efficient performance of diplomatic missions

  3. C

    Block all foreign law permanently

  4. D

    Replace treaty law

View answer and explanation

Correct answer: B. Secure efficient performance of diplomatic missions

The passage expressly describes diplomatic immunity as functional rather than personal privilege.

Source note: Malcolm N Shaw, International Law; Vienna Conventions

Question 120MediumImmunities and Diplomatic Law

Consular officers are said to operate under a narrower framework because:

  1. A

    Consular law is not law

  2. B

    Their privileges and functions are more limited than those of diplomats

  3. C

    They are always private persons

  4. D

    They cannot communicate with nationals

View answer and explanation

Correct answer: B. Their privileges and functions are more limited than those of diplomats

The passage says consular officers have a narrower and distinct legal regime.

Source note: Malcolm N Shaw, International Law; Vienna Conventions

Passage or principleVienna Convention on the Law of Treaties; Malcolm N Shaw, International Law

The law of treaties is built around consent, good faith, and pacta sunt servanda. Treaties are interpreted according to ordinary meaning in context and in light of object and purpose. Reservations remain possible in many treaties, but not where prohibited or where inconsistent with the object and purpose of the treaty. Treaties procured by coercion through unlawful force are void. A treaty that conflicts with a peremptory norm of international law is likewise void. The law also recognises limited grounds for termination, suspension, or withdrawal, including material breach and in tightly confined circumstances a fundamental change of circumstances.

Question 121EasyTreaty Law

Pacta sunt servanda in the passage stands for the idea that treaties must be performed:

  1. A

    Conveniently

  2. B

    In good faith

  3. C

    Only after domestic elections

  4. D

    Only by powerful states

View answer and explanation

Correct answer: B. In good faith

The passage links pacta sunt servanda with good faith and treaty performance.

Source note: Vienna Convention on the Law of Treaties; Malcolm N Shaw, International Law

Question 122MediumTreaty Law

The general rule of interpretation described in the passage uses text, context, and:

  1. A

    Political pressure

  2. B

    Object and purpose

  3. C

    Majority voting among scholars

  4. D

    Domestic taxation policy

View answer and explanation

Correct answer: B. Object and purpose

That is the classic interpretive triad reflected in the passage.

Source note: Vienna Convention on the Law of Treaties; Malcolm N Shaw, International Law

Question 123EasyTreaty Law

A reservation will usually be problematic if it is inconsistent with:

  1. A

    Object and purpose of the treaty

  2. B

    A newspaper editorial

  3. C

    A municipal bylaw of another state

  4. D

    The trade balance of one party

View answer and explanation

Correct answer: A. Object and purpose of the treaty

That is the test specifically mentioned in the passage.

Source note: Vienna Convention on the Law of Treaties; Malcolm N Shaw, International Law

Question 124HardTreaty Law

The passage indicates that treaties procured by coercion through unlawful force are:

  1. A

    Always valid if later performed

  2. B

    Void

  3. C

    Only suspended

  4. D

    Binding for commercial matters only

View answer and explanation

Correct answer: B. Void

The passage directly states that such treaties are void.

Source note: Vienna Convention on the Law of Treaties; Malcolm N Shaw, International Law

Question 125HardTreaty Law

Which of the following is treated as a narrowly confined ground of termination or withdrawal in the passage?

  1. A

    A change in ministerial preference

  2. B

    Fundamental change of circumstances

  3. C

    A routine tax amendment

  4. D

    A private arbitration award

View answer and explanation

Correct answer: B. Fundamental change of circumstances

The passage identifies a fundamental change of circumstances as a limited doctrine, not a general exit option.

Source note: Vienna Convention on the Law of Treaties; Malcolm N Shaw, International Law

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