International Law MCQs for Judiciary, Page 10

Correct answer: A. Commercial or private law acts of the state

The restrictive doctrine distinguishes sovereign acts from commercial acts. Immunity is generally retained for sovereign functions but not for transactions of a commercial character, often described as acta jure gestionis.

Source note: Restrictive immunity doctrine

Correct answer: B. Ensure the efficient performance of diplomatic functions

Diplomatic privileges and immunities are functional in purpose. They exist to allow diplomatic missions to operate independently and effectively, not simply to confer private benefits on officials.

Source note: Vienna Convention on Diplomatic Relations

Correct answer: A. 12 nautical miles

The territorial sea may extend up to 12 nautical miles measured from the baseline. Within this belt, the coastal state exercises sovereignty subject to certain rights like innocent passage.

Source note: UNCLOS

Correct answer: A. 24 nautical miles from the baseline

The contiguous zone can extend up to 24 nautical miles from the baseline. It allows a coastal state to prevent and punish infringement of customs, fiscal, immigration, and sanitary laws within its territory or territorial sea.

Source note: UNCLOS

Correct answer: A. 200 nautical miles from the baseline

The EEZ can extend up to 200 nautical miles from the baseline. In that zone, the coastal state has sovereign rights mainly for exploration, exploitation, conservation, and management of natural resources.

Source note: UNCLOS

Correct answer: A. Continuous and expeditious and not prejudicial to the peace, good order, or security of the coastal state

Innocent passage is a qualified right of navigation. It must not threaten the coastal state's peace, good order, or security, and it must ordinarily remain continuous and expeditious.

Source note: UNCLOS

Correct answer: A. International law

The VCLT defines a treaty as a written international agreement between states governed by international law, whether embodied in a single instrument or more than one related instrument.

Source note: VCLT

Correct answer: A. Every treaty in force is binding upon the parties and must be performed in good faith

Pacta sunt servanda is a foundational treaty principle. It expresses the expectation that parties will honour treaty obligations in good faith once the treaty is in force.

Source note: VCLT Article 26

Correct answer: A. Exclude or modify the legal effect of certain treaty provisions in their application to that state

Reservations allow a state to accept a treaty while excluding or modifying certain provisions as they apply to that state, subject to treaty terms and compatibility with the treaty's object and purpose.

Source note: VCLT reservation doctrine

Correct answer: A. Void

The Vienna Convention treats treaties procured by unlawful coercion through threat or use of force as void. The law does not permit treaty obligations to rest on prohibited coercion.

Source note: VCLT

Correct answer: A. Security Council

The Security Council has primary responsibility for international peace and security. Other organs may discuss, recommend, or assist, but the Council occupies the central institutional role.

Source note: UN Charter

Correct answer: A. Usually recommendatory, though they may influence the development of law

General Assembly resolutions are normally not binding in the same sense as Chapter VII Security Council decisions. However, they can carry political weight and may contribute evidence toward opinio juris or broader normative development.

Source note: UN institutional practice

Correct answer: A. The states concerned have consented to its jurisdiction

Consent is the cornerstone of contentious ICJ jurisdiction. States may consent through compromissory clauses, special agreements, optional clause declarations, or other recognised methods.

Source note: ICJ Statute

Correct answer: A. Authorised UN organs and specialised agencies

Advisory jurisdiction allows the ICJ to answer legal questions submitted by organs and agencies authorised under the UN system. Private parties do not directly seek advisory opinions from the Court.

Source note: ICJ advisory jurisdiction

Correct answer: A. A breach of an international obligation

The basic structure of state responsibility requires attribution plus breach. Once conduct attributable to the state violates an international obligation, responsibility may arise along with duties of cessation, assurances, and reparation.

Source note: ARSIWA framework

Correct answer: A. Wipe out all the consequences of the illegal act

The Chorzow Factory principle expresses full reparation. The goal is to restore the position that would likely have existed had the wrongful act not occurred, through restitution, compensation, satisfaction, or a combination.

Source note: Factory at Chorzow principle

Correct answer: A. The threat or use of force against the territorial integrity or political independence of any state

Article 2(4) is the central rule restraining force in interstate relations. It prohibits both threat and use of force except where the Charter or recognised law provides justification, such as self-defence or Security Council authorisation.

Source note: UN Charter, Article 2(4)

Correct answer: A. An armed attack occurs, subject to necessity and proportionality

Article 51 preserves the inherent right of self-defence if an armed attack occurs. The response must still satisfy necessity and proportionality, and the Security Council must be informed.

Source note: UN Charter, Article 51

Correct answer: A. 1948

The UDHR was adopted by the UN General Assembly in 1948. Though not itself a treaty, it has had immense normative influence on later treaties, constitutions, and customary law debates.

Source note: UDHR

Correct answer: A. Returning a person to a place where they face serious risk of persecution or prohibited harm

Non-refoulement is a core protection in refugee and human rights law. It restrains return to territories where the individual faces persecution, torture, or other grave risks depending on the legal framework applied.

Source note: Refugee and human rights law

Correct answer: A. Civilians and combatants, and civilian objects and military objectives

Distinction is a foundational IHL principle. Parties must direct operations only against lawful military targets and must spare civilians and civilian objects from direct attack.

Source note: Customary IHL and Geneva law

Correct answer: A. Dolus specialis

Genocide is marked by a special intent to destroy a national, ethnical, racial, or religious group, in whole or in part. That elevated intent is often referred to as dolus specialis.

Source note: Genocide Convention doctrine

Correct answer: A. A civilian population

Crimes against humanity differ from ordinary crimes because they are linked to a widespread or systematic attack directed against a civilian population, with knowledge of that attack.

Source note: Rome Statute doctrine

Correct answer: A. Allow activities within its jurisdiction to cause significant transboundary environmental harm

The no-harm rule limits state freedom by requiring due regard for other states and areas beyond national jurisdiction. It does not eliminate resource use, but it restricts harmful cross-border consequences.

Source note: Trail Smelter principle and later practice