Judiciary question bank

International Law MCQs for Judiciary, Page 2

Judiciary International Law questions 24-47 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.

  • Air and Space Law4
  • Asylum and Extradition1
  • Diplomatic and Consular Law1
  • Diplomatic Protection2
  • Dispute Settlement3
  • Environmental Law2
  • Extradition and Asylum4
  • Human Rights9
  • Human Rights and Refugee Law3
  • Immunities12
  • International Court of Justice10
  • International Criminal Law14
  • International Economic Law5
  • International Environmental Law5
  • International Humanitarian Law9
  • International Investment Law3
  • International Law and Municipal Law2
  • International Organisations4
  • International Watercourses1
  • Jurisdiction14
  • Law of the Sea22
  • Nationality4
  • Recent Developments5
  • Recognition1
  • Recognition and Non-Recognition1
  • Refugee Law2
  • Self-Determination1
  • Sources of International Law14
  • State Recognition2
  • State Responsibility15
  • State Succession5
  • Statehood and Recognition8
  • Subjects of International Law1
  • Treatment of Aliens1
  • Treaty Law24
  • United Nations10
  • Use of Force11
Question 24MediumNationality

The Nottebohm case is generally cited for the requirement of:

  1. A

    Nationality based only on the colour of a passport.

  2. B

    Compulsory dual nationality.

  3. C

    Automatic nationality for all refugees.

  4. D

    A genuine and effective link in certain nationality claims.

View answer and explanation

Correct answer: D. A genuine and effective link in certain nationality claims.

Nottebohm is associated with effective nationality in the context of diplomatic protection. It does not erase domestic power to confer nationality, but affects opposability in some international settings.

Source note: Nottebohm Case, ICJ 1955

Question 25MediumNationality

International rules against statelessness mainly seek to prevent:

  1. A

    Individuals being left without the protection of any nationality.

  2. B

    All dual nationality.

  3. C

    All migration.

  4. D

    Any change of citizenship by consent.

View answer and explanation

Correct answer: A. Individuals being left without the protection of any nationality.

Statelessness creates severe vulnerability. International instruments and human rights norms seek to reduce and prevent it, especially in contexts such as birth, succession, and deprivation of nationality.

Source note: Convention on the Reduction of Statelessness 1961; human rights principles

Question 26HardRecognition and Non-Recognition

The duty of non-recognition is most commonly discussed where a territorial situation is created by:

  1. A

    Ordinary diplomatic disagreement.

  2. B

    Serious illegality such as unlawful use of force or denial of self-determination.

  3. C

    A private loan contract.

  4. D

    A domestic election petition.

View answer and explanation

Correct answer: B. Serious illegality such as unlawful use of force or denial of self-determination.

Non-recognition prevents legal consolidation of serious illegal situations. It is particularly relevant to acquisition of territory by force and certain self-determination contexts.

Source note: Stimson doctrine; Namibia Advisory Opinion, ICJ 1971

Question 27HardStatehood and Recognition

Recognition of belligerency historically mattered because it could:

  1. A

    Automatically create UN membership.

  2. B

    Convert all rebels into diplomats.

  3. C

    Bring certain laws of war and neutrality consequences into operation.

  4. D

    Abolish criminal responsibility for all violence.

View answer and explanation

Correct answer: C. Bring certain laws of war and neutrality consequences into operation.

Recognition of belligerency was historically linked with the application of war and neutrality rules. Modern practice has shifted, especially through humanitarian law applicable to non-international armed conflicts.

Source note: Classical recognition doctrine; IHL development

Question 28EasyJurisdiction

The territorial principle permits a state to exercise jurisdiction primarily over:

  1. A

    Every act committed anywhere by any person.

  2. B

    Only acts committed by diplomats.

  3. C

    Only crimes on the high seas.

  4. D

    Conduct occurring within its territory.

View answer and explanation

Correct answer: D. Conduct occurring within its territory.

Territoriality is the central and strongest basis of jurisdiction. It covers conduct within territory and may extend to effects or constituent elements occurring there.

Source note: Jurisdiction doctrine

Question 29MediumJurisdiction

Objective territorial jurisdiction is invoked where:

  1. A

    Conduct begins abroad but produces constituent effects within the forum state.

  2. B

    The accused is always a diplomat.

  3. C

    There is no link to the forum at all.

  4. D

    The dispute concerns only treaty interpretation.

View answer and explanation

Correct answer: A. Conduct begins abroad but produces constituent effects within the forum state.

Objective territoriality looks to effects or completion of the offence within the forum state, even if some conduct occurred abroad.

Source note: Lotus principle and jurisdiction doctrine

Question 30EasyJurisdiction

Under the active nationality principle, a state asserts jurisdiction based on:

  1. A

    The nationality of the victim only.

  2. B

    The nationality of the alleged offender.

  3. C

    Location of a treaty depositary.

  4. D

    Membership of the General Assembly.

View answer and explanation

Correct answer: B. The nationality of the alleged offender.

Active nationality permits a state to regulate conduct of its nationals abroad, subject to international limits and domestic legislation.

Source note: Jurisdiction doctrine

Question 31MediumJurisdiction

Passive personality jurisdiction is based on:

  1. A

    The nationality of the prosecutor.

  2. B

    The nationality of the judge.

  3. C

    The nationality of the victim.

  4. D

    The location of the treaty archive.

View answer and explanation

Correct answer: C. The nationality of the victim.

Passive personality is more controversial than territoriality but is increasingly accepted for certain serious offences, especially terrorism and grave crimes.

Source note: Jurisdiction doctrine

Question 32MediumJurisdiction

The protective principle supports jurisdiction over foreign conduct where the conduct threatens:

  1. A

    Only private contractual convenience.

  2. B

    The diplomatic popularity of the accused.

  3. C

    The quality of a textbook.

  4. D

    The security or essential governmental interests of the state.

View answer and explanation

Correct answer: D. The security or essential governmental interests of the state.

The protective principle covers threats to core state interests, such as counterfeiting currency, espionage, or security offences directed against the state.

Source note: Jurisdiction doctrine

Question 33MediumJurisdiction

Universal jurisdiction is strongest where the offence is regarded as:

  1. A

    A concern of the international community as a whole, such as piracy.

  2. B

    A purely private civil wrong.

  3. C

    A local parking offence.

  4. D

    A domestic marriage dispute.

View answer and explanation

Correct answer: A. A concern of the international community as a whole, such as piracy.

Piracy is the classic example. Modern debates extend to genocide, crimes against humanity, war crimes, and torture, but the scope remains legally sensitive.

Source note: Universal jurisdiction doctrine

Question 34MediumJurisdiction

A state generally may not exercise enforcement jurisdiction on another state territory without:

  1. A

    A newspaper notice.

  2. B

    Consent or another recognised legal basis.

  3. C

    A domestic circular alone.

  4. D

    Approval of a private company.

View answer and explanation

Correct answer: B. Consent or another recognised legal basis.

International law distinguishes prescriptive jurisdiction from enforcement jurisdiction. Physical enforcement abroad normally requires consent or another lawful basis.

Source note: Jurisdiction doctrine

Question 35HardJurisdiction

The principle aut dedere aut judicare means:

  1. A

    Recognise or annex.

  2. B

    Ratify or denounce every treaty.

  3. C

    Extradite or prosecute where the relevant legal obligation applies.

  4. D

    Mediate or arbitrate every dispute.

View answer and explanation

Correct answer: C. Extradite or prosecute where the relevant legal obligation applies.

Some treaties require states either to extradite the suspect or submit the case for prosecution. The obligation depends on the treaty or rule creating it.

Source note: Questions relating to Obligation to Prosecute or Extradite, ICJ 2012

Question 36HardJurisdiction

The phrase male captus bene detentus concerns the controversial question whether:

  1. A

    A treaty can be interpreted by ordinary meaning.

  2. B

    A state can claim maritime zones.

  3. C

    A refugee can obtain nationality automatically.

  4. D

    An irregularly captured accused may still be tried by the forum court.

View answer and explanation

Correct answer: D. An irregularly captured accused may still be tried by the forum court.

The doctrine concerns irregular capture and subsequent trial jurisdiction. Modern human rights and extradition principles have made the issue especially controversial.

Source note: International criminal procedure and extradition doctrine

Question 37EasyImmunities

The restrictive theory of state immunity distinguishes between:

  1. A

    Sovereign acts and commercial acts.

  2. B

    Citizens and refugees only.

  3. C

    Treaties and customs only.

  4. D

    Sea and air zones only.

View answer and explanation

Correct answer: A. Sovereign acts and commercial acts.

Modern immunity law often grants immunity for sovereign acts but not for ordinary commercial transactions. This is the restrictive theory.

Source note: State immunity doctrine

Question 38EasyImmunities

Diplomatic immunity primarily protects:

  1. A

    All private business transactions forever.

  2. B

    The effective performance of diplomatic functions, not the personal privilege of the diplomat as an individual.

  3. C

    Only traffic offences committed after retirement.

  4. D

    The jurisdiction of the receiving state against all persons.

View answer and explanation

Correct answer: B. The effective performance of diplomatic functions, not the personal privilege of the diplomat as an individual.

Diplomatic immunity is functional and institutional. It enables diplomatic missions to operate without coercion by the receiving state.

Source note: Vienna Convention on Diplomatic Relations 1961

Question 39MediumImmunities

Waiver of diplomatic immunity must generally be made by:

  1. A

    The receiving state unilaterally.

  2. B

    A private complainant.

  3. C

    The sending state.

  4. D

    A local police officer.

View answer and explanation

Correct answer: C. The sending state.

The immunity belongs to the sending state, not personally to the diplomat. Therefore waiver must come from the sending state.

Source note: Vienna Convention on Diplomatic Relations 1961

Question 40EasyImmunities

Declaring a diplomat persona non grata allows the receiving state to:

  1. A

    Automatically imprison the diplomat.

  2. B

    Annex the embassy premises.

  3. C

    Terminate all treaties with the sending state.

  4. D

    Require recall or termination of functions without proving criminal liability.

View answer and explanation

Correct answer: D. Require recall or termination of functions without proving criminal liability.

Persona non grata is a diplomatic remedy. It permits removal from the mission without necessarily adjudicating criminal guilt.

Source note: VCDR Article 9

Question 41MediumImmunities

Consular immunity is generally narrower than diplomatic immunity because it is mainly linked to:

  1. A

    Acts performed in the exercise of consular functions.

  2. B

    All private conduct of the consular officer.

  3. C

    Only ownership of embassy property.

  4. D

    Security Council voting rights.

View answer and explanation

Correct answer: A. Acts performed in the exercise of consular functions.

Consular officers receive function-based protections under the Vienna Convention on Consular Relations. They do not enjoy the same breadth of personal immunity as diplomats.

Source note: Vienna Convention on Consular Relations 1963

Question 42MediumImmunities

Immunity ratione personae is usually associated with:

  1. A

    Every retired public servant forever.

  2. B

    Certain high-ranking incumbent officials while in office.

  3. C

    Only commercial agents.

  4. D

    Only witnesses before arbitral tribunals.

View answer and explanation

Correct answer: B. Certain high-ranking incumbent officials while in office.

Ratione personae is status-based personal immunity for certain incumbent officials such as heads of state, heads of government, and foreign ministers.

Source note: Arrest Warrant Case, ICJ 2002

Question 43HardImmunities

Immunity ratione materiae differs because it concerns:

  1. A

    Only private acts before appointment.

  2. B

    Only diplomatic bags.

  3. C

    Official acts and may continue after the official leaves office.

  4. D

    Only maritime disputes.

View answer and explanation

Correct answer: C. Official acts and may continue after the official leaves office.

Ratione materiae is conduct-based and attaches to official acts. Its relationship with serious international crimes remains heavily debated.

Source note: Immunity ratione materiae doctrine

Question 44EasyLaw of the Sea

Under UNCLOS, the breadth of the territorial sea may extend up to:

  1. A

    24 nautical miles as sovereignty.

  2. B

    200 nautical miles as sovereignty.

  3. C

    350 nautical miles in all cases.

  4. D

    12 nautical miles.

View answer and explanation

Correct answer: D. 12 nautical miles.

UNCLOS permits a territorial sea up to 12 nautical miles from the baseline. The coastal state has sovereignty there, subject to rules such as innocent passage.

Source note: UNCLOS Article 3

Question 45MediumLaw of the Sea

Innocent passage through the territorial sea must be:

  1. A

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

  2. B

    A right only of warships from allied states.

  3. C

    A right to conduct fishing without consent.

  4. D

    A right to explore seabed minerals.

View answer and explanation

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

UNCLOS protects innocent passage but limits it by conditions. Passage loses innocence if it engages in activities prejudicial to the coastal state.

Source note: UNCLOS Articles 17 to 19

Question 46MediumLaw of the Sea

The contiguous zone allows a coastal state to prevent or punish infringement of customs, fiscal, immigration, or sanitary laws within:

  1. A

    12 nautical miles from the coast only.

  2. B

    24 nautical miles from the baselines.

  3. C

    200 nautical miles as full sovereignty.

  4. D

    Any ocean area without limit.

View answer and explanation

Correct answer: B. 24 nautical miles from the baselines.

The contiguous zone may extend up to 24 nautical miles from the baselines and supports limited control, not full territorial sovereignty.

Source note: UNCLOS Article 33

Question 47EasyLaw of the Sea

In the exclusive economic zone, the coastal state primarily has:

  1. A

    Complete sovereignty identical to land territory.

  2. B

    No rights of any kind.

  3. C

    Sovereign rights for exploring, exploiting, conserving, and managing natural resources.

  4. D

    Only diplomatic immunity.

View answer and explanation

Correct answer: C. Sovereign rights for exploring, exploiting, conserving, and managing natural resources.

The EEZ gives resource-related sovereign rights and jurisdiction, but it is not the same as territorial sovereignty. Other states retain freedoms such as navigation.

Source note: UNCLOS Articles 56 and 58

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