Judiciary question bank

International Law MCQs for Judiciary, Page 9

Judiciary International Law questions 189-211 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 189EasyInternational Criminal Law

The complementarity principle of the ICC reflects the idea that the Court is:

  1. A

    The first and ordinary criminal court for every serious crime worldwide

  2. B

    A court of last resort where national systems are unwilling or unable genuinely to act

  3. C

    A trade tribunal

  4. D

    Bound to try every political dispute

View answer and explanation

Correct answer: B. A court of last resort where national systems are unwilling or unable genuinely to act

Complementarity preserves the primary role of national jurisdictions while keeping an international backstop. The ICC is not designed to replace ordinary domestic criminal justice everywhere.

Source note: Rome Statute complementarity

Question 190HardSelf-Determination

Internal self-determination is most closely associated with the idea that a people should be able to:

  1. A

    Participate meaningfully in its political and social life within the existing state framework

  2. B

    Annex neighbouring states automatically

  3. C

    Ignore every domestic law

  4. D

    Claim the high seas as national territory

View answer and explanation

Correct answer: A. Participate meaningfully in its political and social life within the existing state framework

Self-determination is not limited to secession. In modern legal discussion, its internal aspect often concerns political participation, representative government, and meaningful autonomy within an existing state.

Source note: Malcolm N Shaw, International Law; self-determination doctrine

Question 191EasyDispute Settlement

Article 33 of the UN Charter reflects the expectation that parties to a dispute should first seek a solution by peaceful means such as:

  1. A

    Negotiation, mediation, arbitration, or judicial settlement

  2. B

    Automatic reprisals only

  3. C

    Collective punishment

  4. D

    Forced annexation

View answer and explanation

Correct answer: A. Negotiation, mediation, arbitration, or judicial settlement

The Charter places peaceful settlement at the centre of international order. It lists a range of methods because disputes differ in character and may require flexible forms of resolution.

Source note: UN Charter Article 33

Question 192MediumDispute Settlement

A key difference between arbitration and permanent adjudication is that arbitration usually allows parties greater control over:

  1. A

    The composition and procedure of the tribunal

  2. B

    Whether law matters at all

  3. C

    Whether the dispute ever existed

  4. D

    The status of jus cogens

View answer and explanation

Correct answer: A. The composition and procedure of the tribunal

Arbitration is often valued for flexibility. States can shape the tribunal, applicable procedure, and sometimes aspects of the applicable law more directly than in a standing court.

Source note: International dispute settlement doctrine

Question 193MediumInternational Organisations

The doctrine of implied powers allows an international organisation to:

  1. A

    Ignore its constitutive instrument entirely

  2. B

    Exercise powers reasonably necessary to perform functions assigned by its constitutive framework

  3. C

    Act as a sovereign state in every respect

  4. D

    Create criminal law without any legal basis

View answer and explanation

Correct answer: B. Exercise powers reasonably necessary to perform functions assigned by its constitutive framework

International organisations are creatures of their constitutive instruments, but those instruments are not read mechanically. Implied powers recognise that some authority is necessary for the organisation to perform its assigned functions effectively.

Source note: International institutional law

Question 194MediumInternational Organisations

The legal personality of the United Nations is significant because it means the organisation can:

  1. A

    Only pass recommendations

  2. B

    Possess rights and duties and act on the international plane within its competence

  3. C

    Replace all member states

  4. D

    Acquire unlimited territorial sovereignty

View answer and explanation

Correct answer: B. Possess rights and duties and act on the international plane within its competence

Recognition of legal personality means the organisation is not merely a meeting place. It can hold rights, incur obligations, and perform legal acts within the scope of its functions.

Source note: Reparation for Injuries principle

Question 195EasyAir and Space Law

A classic principle of air law is that every state has complete and exclusive sovereignty over:

  1. A

    Its airspace above territory and territorial waters

  2. B

    All outer space

  3. C

    The high seas airspace of all states

  4. D

    Any air route used by its nationals

View answer and explanation

Correct answer: A. Its airspace above territory and territorial waters

Air law starts from territorial sovereignty in airspace. That is why overflight and landing typically depend on consent, treaty permission, or recognised aviation arrangements.

Source note: Air law principle

Question 196EasySources of International Law

Which of the following is recognised as a primary source of international law under Article 38 of the ICJ Statute?

  1. A

    International conventions

  2. B

    Editorial commentary

  3. C

    News reporting

  4. D

    Parliamentary speeches

View answer and explanation

Correct answer: A. International conventions

Article 38 refers to international conventions, international custom, and general principles of law as the principal materials applied by the Court. Judicial decisions and teachings are treated only as subsidiary means for determining rules of law.

Source note: ICJ Statute, Article 38

Question 197EasySources of International Law

Customary international law is generally formed by the combination of:

  1. A

    State practice and opinio juris

  2. B

    Treaties and private contracts

  3. C

    UN press statements and media opinion

  4. D

    Judgments and domestic executive orders only

View answer and explanation

Correct answer: A. State practice and opinio juris

Custom requires a general and consistent state practice along with opinio juris, which is the sense of legal obligation. Mere repetition of conduct without a belief that law requires it is not enough.

Source note: Customary international law doctrine

Question 198EasySources of International Law

Opinio juris means:

  1. A

    A moral opinion shared by academics

  2. B

    A belief that a practice is carried out of legal obligation

  3. C

    A domestic administrative instruction

  4. D

    A treaty reservation by one state

View answer and explanation

Correct answer: B. A belief that a practice is carried out of legal obligation

Opinio juris is the psychological element of custom. States must behave in a particular way because they regard themselves as legally bound, not merely because it is convenient or habitual.

Source note: Customary international law doctrine

Question 199MediumSources of International Law

General principles of law recognised by civilised nations are used mainly to:

  1. A

    Fill gaps where treaty and custom do not supply an answer

  2. B

    Replace all treaties automatically

  3. C

    Invalidate all municipal laws

  4. D

    Bind only private corporations

View answer and explanation

Correct answer: A. Fill gaps where treaty and custom do not supply an answer

General principles help prevent denial of justice in cases where no clear treaty or customary rule is available. They are gap-filling principles drawn from common features of legal systems.

Source note: ICJ Statute, Article 38

Question 200EasyInternational Law and Municipal Law

The dualist theory broadly treats international law and municipal law as:

  1. A

    Two separate legal systems

  2. B

    One single undivided legal order

  3. C

    Always identical in content

  4. D

    Relevant only to federal states

View answer and explanation

Correct answer: A. Two separate legal systems

Dualism sees international and municipal law as operating on different planes. On this view, international rules generally require transformation or incorporation before they can be applied by domestic courts as internal law.

Source note: Monist-dualist doctrine

Question 201MediumInternational Law and Municipal Law

Under Indian constitutional practice, a treaty normally becomes enforceable as municipal law when:

  1. A

    It is merely signed by the executive

  2. B

    It is implemented through legislation where domestic law change is required

  3. C

    The ICJ approves it

  4. D

    A foreign state demands compliance

View answer and explanation

Correct answer: B. It is implemented through legislation where domestic law change is required

In India, treaties do not automatically override municipal law in all cases. If implementation requires change in rights, duties, or legal obligations within India, legislation is ordinarily needed.

Source note: Indian constitutional practice

Question 202MediumSubjects of International Law

Which statement is most accurate today regarding subjects of international law?

  1. A

    Only states can ever be subjects of international law

  2. B

    States remain principal subjects, but individuals and international organisations also have recognised international capacity in limited contexts

  3. C

    Private companies are the only true subjects

  4. D

    Subjects of international law no longer matter

View answer and explanation

Correct answer: B. States remain principal subjects, but individuals and international organisations also have recognised international capacity in limited contexts

States remain the primary subjects, but modern international law also recognises limited legal personality for entities like international organisations and, in some contexts, individuals, especially in human rights and international criminal law.

Source note: Modern international law doctrine

Question 203EasyState Recognition

De facto recognition is generally understood as recognition that is:

  1. A

    Final, complete, and permanent in all respects

  2. B

    Provisional or factual, short of full legal recognition

  3. C

    Given only by courts

  4. D

    Available only to colonies

View answer and explanation

Correct answer: B. Provisional or factual, short of full legal recognition

De facto recognition is often used where a government or state exercises effective control but the recognising state hesitates to confer full and final legal recognition. De jure recognition is the fuller and more stable form.

Source note: Recognition doctrine

Question 204MediumState Recognition

The constitutive theory broadly suggests that a state becomes an international person through:

  1. A

    Recognition by existing states

  2. B

    Its own written constitution only

  3. C

    Domestic elections alone

  4. D

    Economic self-sufficiency

View answer and explanation

Correct answer: A. Recognition by existing states

The constitutive theory gives legal importance to recognition by existing states. The declaratory theory, by contrast, treats statehood as a question of fact once the objective elements of statehood are present.

Source note: Recognition doctrine

Question 205EasyState Succession

State succession refers to the replacement of one state by another in the responsibility for:

  1. A

    International relations of territory

  2. B

    Private family law only

  3. C

    Domestic taxation only

  4. D

    Corporate mergers only

View answer and explanation

Correct answer: A. International relations of territory

State succession concerns changes in sovereignty over territory and the international consequences of that change, including questions about treaties, state property, archives, debts, and nationality.

Source note: State succession doctrine

Question 206EasyNationality

Nationality in international law primarily expresses:

  1. A

    A legal bond between an individual and a state

  2. B

    Only ethnic identity

  3. C

    Only religious affiliation

  4. D

    A right to vote in every country

View answer and explanation

Correct answer: A. A legal bond between an individual and a state

Nationality is the legal link by which a state claims a person as its national and may extend diplomatic protection. It is a legal status, not simply a cultural or ethnic concept.

Source note: Nationality doctrine

Question 207EasyExtradition and Asylum

Extradition is best described as the formal surrender of a person by one state to another for:

  1. A

    Trial or punishment for an offence

  2. B

    Civil marriage registration

  3. C

    Commercial arbitration only

  4. D

    Tax planning

View answer and explanation

Correct answer: A. Trial or punishment for an offence

Extradition involves delivery of a person accused or convicted of a crime to another state that seeks prosecution or punishment. It usually depends on treaty, statute, and established legal safeguards.

Source note: Extradition doctrine

Question 208MediumExtradition and Asylum

The rule of speciality in extradition generally means that the extradited person should be tried only for:

  1. A

    The offence for which extradition was granted, subject to recognised exceptions

  2. B

    Any offence later discovered

  3. C

    Only civil claims

  4. D

    No offence at all

View answer and explanation

Correct answer: A. The offence for which extradition was granted, subject to recognised exceptions

The rule of speciality protects the surrendered person against misuse of extradition. The requesting state should not prosecute for unrelated offences without satisfying applicable exceptions or obtaining further consent.

Source note: Extradition doctrine

Question 209MediumExtradition and Asylum

The traditional political offence exception in extradition developed mainly to:

  1. A

    Protect persons sought for genuinely political acts from ordinary criminal surrender

  2. B

    Encourage cross-border tax evasion

  3. C

    Abolish extradition altogether

  4. D

    Protect commercial fraud in all cases

View answer and explanation

Correct answer: A. Protect persons sought for genuinely political acts from ordinary criminal surrender

Historically, states were reluctant to surrender individuals for acts considered political in nature. Modern treaties often narrow this exception, especially in terrorism-related contexts, but the doctrine remains a classic topic.

Source note: Extradition doctrine

Question 210EasyJurisdiction

The territorial principle of jurisdiction permits a state to regulate conduct because:

  1. A

    The conduct occurred within its territory

  2. B

    The offender prefers it

  3. C

    Another state requests it informally

  4. D

    The act was discussed online

View answer and explanation

Correct answer: A. The conduct occurred within its territory

Territorial jurisdiction is the most basic jurisdictional principle. A state has primary authority over persons, property, and acts within its territory, subject to international limitations.

Source note: Jurisdiction doctrine

Question 211MediumJurisdiction

The protective principle allows a state to assume jurisdiction over acts abroad that threaten:

  1. A

    Its security or vital governmental interests

  2. B

    Private taste in art

  3. C

    Another state's fisheries only

  4. D

    Purely domestic family disputes abroad

View answer and explanation

Correct answer: A. Its security or vital governmental interests

The protective principle is used for acts committed outside the territory that directly affect a state's security, currency, official functions, or similar core interests.

Source note: Jurisdiction doctrine

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