Your Answer : (Not Answered)

Correct Answer : D

The organisation without trade-related objectives is the Economic and Social Council.

The World Trade Organization exists to regulate international trade. The Articles of Agreement of the IMF and the World Bank both name the balanced growth of international trade among their purposes. ECOSOC, under Chapter X of the UN Charter, coordinates the UN's economic, social, cultural, educational and health work and makes recommendations; trade is not among its stated objectives.

So the three Bretton Woods and trade bodies are ruled out, leaving ECOSOC.

Your Answer : (Not Answered)

Correct Answer : C

UNICEF is not a principal organ of the United Nations.

Article 7 of the UN Charter names six principal organs: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice and the Secretariat.

UNICEF, the United Nations Children's Fund, was created by the General Assembly in 1946. It is a fund or programme, a subsidiary body of the UN system, not one of the principal organs.

Your Answer : (Not Answered)

Correct Answer : D

The one that is not a principle under Article 2 is intervention in matters which are within domestic jurisdiction of any state.

Article 2(7) of the UN Charter says the opposite: nothing in the Charter authorises the United Nations to intervene in matters essentially within the domestic jurisdiction of any state, except for enforcement measures under Chapter VII.

The other three are Article 2 principles: sovereign equality of members (2(1)), settlement of disputes by peaceful means (2(3)), and refraining from the threat or use of force (2(4)).

Your Answer : (Not Answered)

Correct Answer : D

Of the options, the one who can be extradited is an accused person.

Extradition is the surrender by one state to another of a person accused or convicted of an extraditable offence committed in the requesting state, so that he can be tried or punished there.

Extradition treaties and laws commonly refuse surrender for political offences, for purely military offences, and where the request is really aimed at punishing a person for religion, race or political opinion. So political, military and religious offenders are the classic exceptions, while an ordinary accused person is the typical subject of extradition.

Your Answer : (Not Answered)

Correct Answer : D

It is extra territorial asylum.

Extra-territorial asylum is granted by a state outside its own territory, in places under its protection such as its embassies or legations, consulates, warships and public vessels. Diplomatic asylum is its main form, recognised regionally in Latin America (Asylum case, Colombia v. Peru, 1950) but not as a general right.

Territorial asylum is granted within the state's own territory and flows from its sovereignty. 'International asylum' and 'local asylum' are not the standard names for this form.

Your Answer : (Not Answered)

Correct Answer : D

'Independent recognition' is not a mode of recognition.

Recognition of a state or government may be granted expressly, by a formal declaration, or impliedly, by conduct such as concluding a treaty or exchanging diplomats. It may be conditional, granted subject to conditions, and collective, granted by a group of states acting together, for example through an international organisation.

These are the recognised modes. There is no mode called 'independent recognition'.

Your Answer : (Not Answered)

Correct Answer : B

Custom is the second source listed.

Article 38(1) of the Statute of the International Court of Justice directs the Court to apply (a) international conventions, (b) international custom, as evidence of a general practice accepted as law, (c) the general principles of law recognised by civilised nations, and (d) judicial decisions and the teachings of qualified publicists, as subsidiary means.

Conventions come first, general principles third and judicial decisions and teachings fourth, so custom is second.

Your Answer : (Not Answered)

Correct Answer : D

The major challenges are all of the above.

International humanitarian law is hard to enforce for several reasons. Much of it depends on the consent and cooperation of the parties to a conflict, for example for access by the ICRC. Most modern conflicts are internal armed conflicts, where non-state armed groups may not accept the rules and the treaty provisions are fewer. And states often fail to cooperate in prosecuting violators or surrendering suspects.

Since each listed factor is a recognised obstacle, choosing only one of them leaves out the others.

Your Answer : (Not Answered)

Correct Answer : B

The convention is the Second Geneva Convention.

The Second Geneva Convention of 1949 protects the wounded, sick and shipwrecked members of armed forces at sea. Its Article 22 provides that military hospital ships may in no circumstances be attacked or captured, but shall at all times be respected and protected.

The First Convention protects the wounded and sick on land, the Third deals with prisoners of war, and the Fourth with the protection of civilians.

Your Answer : (Not Answered)

Correct Answer : C

The first attempt is the Hague Convention.

The Hague Conventions of 1899 and 1907, adopted at the two Hague Peace Conferences, are regarded as among the first formal statements of the laws of war and war crimes in the body of secular international law. They codified rules on the conduct of hostilities, the means and methods of warfare, the treatment of prisoners and the peaceful settlement of disputes.

The Geneva Conventions focus on the protection of victims of war; the main four date from 1949. The Paris and Vienna Conventions deal with other subjects, such as industrial property, diplomatic relations and treaties.

Your Answer : (Not Answered)

Correct Answer : C

The process is conciliation.

In conciliation, the dispute is referred to a commission or third party that investigates the facts and the issues and then makes a report with proposals for a settlement. The proposals are not binding; the parties are free to accept or reject them.

Inquiry establishes the facts only and does not propose terms of settlement. Mediation is a third party taking part in negotiations and offering suggestions, without a formal investigation and report. Arbitration ends in a binding award.

Your Answer : (Not Answered)

Correct Answer : B

The principle is jus sanguinis.

Jus sanguinis, 'right of blood', gives a child nationality by descent from a parent's nationality, wherever the child is born. Indian citizenship by descent under the Citizenship Act, 1955 follows it.

Jus soli, 'right of soil', gives nationality by place of birth, as in the United States. 'Jus rem' and 'jus personam' are not principles of nationality; rights in rem and in personam are a distinction between rights good against the world and rights against a particular person.

Your Answer : (Not Answered)

Correct Answer : B

It is the constitutive theory.

The constitutive theory, associated with Hegel, Oppenheim and Anzilotti, holds that a state becomes an international person only through recognition by other states; recognition creates (constitutes) statehood.

The declaratory theory holds the opposite: statehood exists once the factual criteria of population, territory, government and capacity for relations are met, and recognition merely acknowledges it, as Article 3 of the Montevideo Convention puts it. Naturalist and positivist theories are general schools of international law, not theories of recognition.

Your Answer : (Not Answered)

Correct Answer : B

The declaratory theory says recognition is merely a formal acknowledgement of an established situation of fact.

Under the declaratory theory, a state exists as soon as it has the factual elements of statehood (people, territory, government and capacity to enter into relations with others). Recognition by other states does not create the state; it only acknowledges that it already exists. Article 3 of the Montevideo Convention (1933) expresses this view.

Option A states the rival constitutive theory, under which recognition alone confers statehood. Option C goes too far: recognition is evidence of statehood, even if it does not create it.

Your Answer : (Not Answered)

Correct Answer : D

The attribute that is not essential to custom is maneuverability.

A practice becomes international custom when it shows long usage (antiquity or duration), continuity, uniformity and consistency, generality among states, and is followed out of a sense of legal obligation (opinio juris), as recognised in the North Sea Continental Shelf and Asylum cases.

Antiquity, continuity and consistency are all among these elements. Maneuverability, the ability to be bent or adjusted at will, is the opposite of the settled, consistent practice that custom requires.

Your Answer : (Not Answered)

Correct Answer : C

The view is that of Jellinek (printed 'Jellinik').

Georg Jellinek's theory of auto-limitation (self-limitation) holds that the state, being sovereign, cannot be bound by any external authority, but by its own will consents to be bound by rules of international law, customary or conventional, and so limits its own sovereignty. International law on this view rests on the state's consent.

Anzilotti grounded international law in the norm pacta sunt servanda, Hegel treated the state as supreme and international law as external public law depending on states' will, and Bynkershoek was an early Dutch writer on the law of the sea and war.

Your Answer : (Not Answered)

Correct Answer : B

The case is S.S. Wimbledon.

In the S.S. Wimbledon (1923), the Permanent Court of International Justice dealt with Germany's refusal to let a ship carrying munitions to Poland pass through the Kiel Canal, on the ground of its neutrality in the Russo-Polish war. The Court held that Article 380 of the Treaty of Versailles, which opened the canal to the vessels of all nations at peace with Germany, prevailed, so the treaty obligation displaced the general rules of neutrality Germany relied on.

The Lotus case (1927) concerned criminal jurisdiction on the high seas, Chorzow Factory (1928) reparation for breach, and Nicaragua (1986) was decided by the ICJ, not the PCIJ.

Your Answer : (Not Answered)

Correct Answer : D

The observation was made in the Legality of the Threat or Use of Nuclear Weapons advisory opinion, 1996.

Asked by the General Assembly whether the threat or use of nuclear weapons is permitted under international law, the Court examined whether a series of General Assembly resolutions condemning such weapons had created a rule of law. In that context it said that General Assembly resolutions, even if not binding, may sometimes have normative value and can provide evidence of a rule or of an emerging opinio juris, though it found that these particular resolutions fell short of establishing one.

The Corfu Channel case concerned mines and state responsibility, the South-West Africa opinion the mandate system, and Libya v. Malta the continental shelf.

Your Answer : (Not Answered)

Correct Answer : D

The Secretary-General of the United Nations is appointed for a term of five years, by the General Assembly on the recommendation of the Security Council under Article 97 of the Charter. The term is renewable, and holders have in practice served one or two terms.

The Charter itself does not fix the length of the term, which was settled by the General Assembly's practice from the first appointment; 7, 6 and 4 years have never been the standard term, so five is the answer.

Your Answer : (Not Answered)

Correct Answer : D

Neither conclusion follows. The statements say that UNCLOS was adopted in 1982 and that it provides the framework for further development of specific areas of the law of the sea.

Conclusion I is about a 2015 decision of the General Assembly to develop a new binding instrument on marine biodiversity of areas beyond national jurisdiction, and Conclusion II is about the date on which the International Maritime Organization convention came into force. Neither is stated or implied by the two statements, so the keyed answer is that neither follows.