Judiciary question bank
Judiciary International Law questions 1-23 of 235, 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.
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Practice judiciary exam MCQs with answers and explanations across substantive law, procedure, evidence, constitutional law, and state judicial service subjects.
To the international community as a whole.
Only to the state that signed a bilateral treaty.
Only to private companies registered abroad.
Only to the Security Council.
Correct answer: A. To the international community as a whole.
Erga omnes obligations are obligations owed to the international community as a whole. The Barcelona Traction case is the classic authority for this concept.
Source note: Barcelona Traction, ICJ 1970
The treaty is printed in English.
The relevant rule also exists independently as custom.
The non-party state attended one diplomatic meeting.
The treaty has a long preamble.
Correct answer: B. The relevant rule also exists independently as custom.
A non-party is not bound by the treaty as treaty. It may, however, be bound by the same rule if that rule has an independent customary character.
Source note: North Sea Continental Shelf Cases, ICJ 1969
Only whispered in a private meeting.
Contrary to every peremptory norm.
Made publicly with an intention to be bound.
Made by a private citizen without authority.
Correct answer: C. Made publicly with an intention to be bound.
The Nuclear Tests cases recognise that public unilateral declarations may be legally binding where the state intends to be bound.
Source note: Nuclear Tests Cases, ICJ 1974
Withdraw from every treaty after five years.
Treat all treaty clauses as non-binding.
Apply only domestic law in treaty interpretation.
Perform the treaty in good faith.
Correct answer: D. Perform the treaty in good faith.
Article 26 of the VCLT states that every treaty in force is binding upon the parties and must be performed by them in good faith.
Source note: VCLT Article 26
Failure to perform a treaty.
Negotiating a treaty.
Publishing a treaty text.
Using supplementary means of interpretation.
Correct answer: A. Failure to perform a treaty.
Article 27 VCLT prevents a state from relying on internal law to justify non-performance of treaty obligations, subject to the separate rule on manifest violation of internal law concerning competence to conclude treaties.
Source note: VCLT Article 27
Compatible with the object and purpose of the treaty.
Incompatible with the object and purpose of the treaty.
Made in writing.
Accepted by all relevant parties where acceptance is legally required.
Correct answer: B. Incompatible with the object and purpose of the treaty.
The object and purpose test is central to the law of reservations, especially in multilateral treaties.
Source note: Reservations to the Genocide Convention Advisory Opinion, ICJ 1951; VCLT Article 19
The most politically convenient meaning.
Only the subjective preference of one state.
Object and purpose.
Domestic precedent alone.
Correct answer: C. Object and purpose.
Article 31 requires interpretation in good faith in accordance with ordinary meaning in context and in light of object and purpose.
Source note: VCLT Article 31
The only binding interpretive method.
A rule of state immunity.
A method for creating nationality.
A supplementary means of interpretation.
Correct answer: D. A supplementary means of interpretation.
Travaux preparatoires may confirm meaning or assist when the Article 31 analysis leaves ambiguity, obscurity, or manifest absurdity.
Source note: VCLT Article 32
Neither creates obligations nor rights for a third state without its consent.
Automatically binds all neighbouring states.
Can never benefit any third state even with consent.
Applies only to private contracts.
Correct answer: A. Neither creates obligations nor rights for a third state without its consent.
Treaties are based on consent. A third state is not bound, nor generally entitled, without the legal requirements for third state obligations or rights being satisfied.
Source note: VCLT Articles 34 to 37
Automatically stronger.
Void under the Vienna Convention framework.
Binding only on private persons.
Valid if published on a government website.
Correct answer: B. Void under the Vienna Convention framework.
Article 52 VCLT treats a treaty procured by coercion of a state through threat or use of force in violation of the Charter as void.
Source note: VCLT Article 52
Annex the breaching state.
Ignore all human rights obligations permanently.
Invoke the breach as a ground for terminating or suspending the treaty in whole or in part.
Create a new state automatically.
Correct answer: C. Invoke the breach as a ground for terminating or suspending the treaty in whole or in part.
Article 60 VCLT deals with termination or suspension for material breach. The remedy is legally structured and does not authorise unrelated coercive measures.
Source note: VCLT Article 60
Treaties are never binding.
Only domestic judges can interpret treaties.
It applies to every minor inconvenience.
An easy exit rule would undermine treaty stability.
Correct answer: D. An easy exit rule would undermine treaty stability.
Article 62 VCLT sets a narrow test. The doctrine protects exceptional cases without converting treaties into promises terminable on ordinary inconvenience.
Source note: VCLT Article 62
Priority, compatibility, and the intention of parties under the treaty framework.
The colour of treaty covers.
Private company registration.
Automatic extinction of custom.
Correct answer: A. Priority, compatibility, and the intention of parties under the treaty framework.
Successive treaty issues require analysis of party identity, compatibility, lex specialis, and applicable VCLT rules. They are not solved by formality alone.
Source note: VCLT Article 30
The treaty has no legal relevance at any stage.
The treaty or part of it may be applied before formal entry into force if the treaty or parties so provide.
Only courts may apply the treaty after final judgment.
It applies only to maritime boundaries.
Correct answer: B. The treaty or part of it may be applied before formal entry into force if the treaty or parties so provide.
Article 25 VCLT recognises provisional application where agreed. It is useful when states want immediate legal operation pending completion of formal requirements.
Source note: VCLT Article 25
Make all unregistered treaties void everywhere.
Create territorial sovereignty.
Promote publicity and prevent secret treaty diplomacy.
Replace ratification.
Correct answer: C. Promote publicity and prevent secret treaty diplomacy.
UN Charter Article 102 is directed at transparency. Non-registration affects the ability to invoke the treaty before UN organs, but it does not by itself make the treaty void.
Source note: UN Charter Article 102
Membership of the Security Council.
A written constitution in English.
Recognition by every state.
Capacity to enter into relations with other states.
Correct answer: D. Capacity to enter into relations with other states.
The Montevideo Convention formulation is widely used as a concise statement of statehood indicators. Universal recognition is not listed as a formal criterion.
Source note: Montevideo Convention 1933
There must be a reasonably identifiable territorial base, not necessarily perfectly settled boundaries.
Every boundary dispute must be finally adjudicated.
The territory must be larger than a continent.
Only maritime zones matter.
Correct answer: A. There must be a reasonably identifiable territorial base, not necessarily perfectly settled boundaries.
Statehood does not require absence of all boundary disputes. The requirement is a territorial base capable of identification.
Source note: Statehood doctrine
Is the only source of statehood.
Acknowledges an existing factual and legal situation rather than creating statehood by itself.
Always creates nationality for all residents of the world.
Abolishes the need for territory.
Correct answer: B. Acknowledges an existing factual and legal situation rather than creating statehood by itself.
The declaratory theory treats statehood as depending on objective criteria. Recognition is evidence and has practical effects, but it is not constitutive in itself.
Source note: Recognition doctrine
Only geographical maps.
Domestic tax records.
Recognition by existing states in bringing international personality into practical operation.
Private contracts between individuals.
Correct answer: C. Recognition by existing states in bringing international personality into practical operation.
The constitutive view emphasises recognition as legally significant for international personality. Modern practice often reflects elements of both declaratory and constitutive reasoning.
Source note: Recognition doctrine
Creation of territory from nothing.
Only private property rights.
The automatic invalidity of all past treaties.
The authority that represents an already existing state.
Correct answer: D. The authority that represents an already existing state.
Recognition of a government addresses who speaks for the state. Recognition of a state concerns international personality of the entity itself.
Source note: Recognition doctrine
The ability of peoples to determine their political status and pursue development.
The right of every private company to create a state.
Abolition of all borders in every case.
Only diplomatic immunity of ministers.
Correct answer: A. The ability of peoples to determine their political status and pursue development.
Self-determination is a core principle of modern international law, especially in decolonisation and human rights contexts. Its application outside those contexts may be complex.
Source note: UN Charter; common Article 1 ICCPR and ICESCR
A new state being free from all customary international law.
Newly independent states not being automatically bound by every predecessor treaty.
Automatic invalidity of all human rights obligations.
Permanent denial of nationality to all residents.
Correct answer: B. Newly independent states not being automatically bound by every predecessor treaty.
The clean slate idea concerns treaty succession, especially in decolonisation. It does not mean the new state is outside custom or general international law.
Source note: State succession doctrine
Private contract pricing.
The number of diplomatic passports.
Certainty, peace, and territorial order.
Automatic state immunity.
Correct answer: C. Certainty, peace, and territorial order.
Territorial and boundary arrangements often show stronger continuity because international law values stability of frontiers and peaceful relations.
Source note: State succession and boundary stability doctrine