0,1,2,3,4,5,correct,choiceA_probs,choiceB_probs,choiceC_probs,choiceD_probs Which State ordinarily exercises jurisdiction in respect of crimes committed on board vessels?,The coastal State,The flag State,All States enjoy such jurisdiction,The International Tribunal for the Law of the Sea,B,False,0.041930194944143295,0.0224436167627573,0.015425257384777069,0.00935589149594307 What is the meaning of justiciability?,Justiciability refers to the possibility of enforcement of a particular right by the relevant rights holders,Justiciability refers to the just nature or cause of a particular right,Justiciability refers to the courts' assessment of whether the non-enforcement of a particular rights conforms to principles of justice,Justiciability refers to the obligation of a State to enforce a particular Right,A,False,0.023691333830356598,0.01845083013176918,0.026845796033740044,0.03447068855166435 In what way is Responsibility to Protect (R2P) different from humanitarian intervention?,R2P is essentially the same as humanitarian intervention,R2P requires a call for assistance by the State in distress,R2P is less arbitrary because it requires some UNSC input and its primary objective is to avert a humanitarian crisis,"R2P always involves armed force, whereas humanitarian intervention does not",C,True,0.005998055450618267,0.0063848961144685745,0.01630440540611744,0.011205842718482018 What is the 'Lotus principle'?,"The so-called Lotus principle is that 'restrictions upon the independence of States cannot therefore be presumed', or, as it has been construed, 'whatever is not prohibited is permitted in international law'",The so-called Lotus principle is that States are free to choose the Court that they will submit their disputes,The so-called Lotus principle is that States are not prohibited to assert their enforcement jurisdiction on the high seas,The so-called Lotus principle is that customary law derives from the combination of State practice and opinio juris,A,True,0.03972497582435608,0.02126324735581875,0.012896811589598656,0.02730254828929901 Which of these statements best describes the UK Constitution?,The UK Constitution's only source of power is that of the sovereign,The UK Constitution gives the judiciary the power to overturn acts of parliament,The UK Constitution is uncodified and can be found in a number of sources,The UK Constitution is based on a Bill of Rights,C,False,0.04964970424771309,0.02203192375600338,0.0386672280728817,0.02345285937190056 What is the obligation of the peaceful settlement of disputes?,"It is an obligation of result, that is, States are under a strict obligation to resolve their disputes as soon as possible","It is an obligation of conduct, ie States have an obligation to try to resolve their disputes through peaceful means. This does not entail an obligation to resolve their disputes",It is a peremptory norm of international law and all States have a legal interest to safeguard its application in any given dispute,It is an obligation which concerns solely international courts and tribunals,B,False,0.05335081368684769,0.047081924974918365,0.01528526283800602,0.011904174461960793 Which one of the following statements is false?,Protocol 14 changed the committee that hears admissibility cases from a three judge to a one judge formation,Protocol 14 added a new criterion for admissibility,Protocol 14 abolished the Commission of Human Rights,Protocol 14 extended the judicial term of office for the European Court of Human Rights,C,False,0.056676678359508514,0.05001699551939964,0.056676678359508514,0.06422308832406998 Which is a 'rock' under the UN Convention of the Law of the Sea (UNCLOS)?,Rocks are the islands that are less than 10 square miles,Rocks are the islands that do not have any maritime zone,Rocks are the islands which cannot sustain human habitation or economic life of their own and according to article 121 (3) have no Exclusive Economic Zone or continental shelf.,Rocks are the small islands that can sustain human habitation,C,True,0.014780404046177864,0.016748391091823578,0.018978415057063103,0.014780404046177864 What is the meaning of international legal personality?,It means that only States are considered subjects of international law,It means having rights and duties under international law and a capacity to enforce these by or against the relevant actor,It means that an entity may challenge the authority of States,"It is a term that is meant to denote legal, as opposed, to physical persons under international law",B,True,0.012991070747375488,0.040015313774347305,0.004779147449880838,0.00421758322045207 Which of the following is a treaty-based human rights mechanism?,The UN Human Rights Committee,The UN Human Rights Council,The UN Universal Periodic Review,The UN special mandates,A,True,0.037372514605522156,0.020004065707325935,0.012133078649640083,0.013748579658567905 The UN Vienna Declaration 1993 declared that,Third generation rights are of primary importance,Civil and political rights are core rights,"All types of rights are indivisible, interrelated and interdependent",Social and economic rights are non-enforceable,C,True,0.04334862902760506,0.02979304827749729,0.05566074326634407,0.038255032151937485 What is the principal source of immunity in respect of international organisations (IOs)?,The principal source of immunity for IOs is the UN Charter,The principal sources of immunity for IOs are headquarters agreements and multilateral treaties providing specific immunities,The principal source of immunity for IOs is customary law,The principal source of immunity for IOs is the Vienna Convention on Diplomatic Immunities,B,False,0.029590439051389694,0.012335130013525486,0.009606610052287579,0.009606610052287579 Is there any hierarchy or priority among States under international law?,"Yes, the States that were the founding members of the United Nations are vested with more powers and authority","Yes, the Permanent Five Members of the UN Security Council (UK, USA, France, Russia, China) are in a superior position than the other States","No, all States are considered equal as sovereign States (the principle of sovereign equality, enshrined in article 2, para 1 UN Charter)",Whether there will be any hierarchy among States is a matter of each international organization to decide,C,True,0.015487211756408215,0.012061452493071556,0.07865054905414581,0.025534095242619514 What is the declaratory theory of recognition?,Recognition is determinate for the existence of statehood,Recognition is simply declaratory of statehood but not determinate,Recognition is merely a declaration of interest,Recognition requires a declaration by the newly-created State,B,False,0.020059125497937202,0.020059125497937202,0.010736876167356968,0.022729966789484024 "What is the function of ""standard-setting in human rights diplomacy?",Standard-setting means putting forward binding legal standards,Standard-setting means merely proposing binding legal standards,Standard-setting means putting forward non-binding legal standards,Standard-setting means setting certain standards of conduct in human rights treaties,C,False,0.024155041202902794,0.017672205343842506,0.010718734934926033,0.027371246367692947 What dimension did the Kadi judgment introduce with respect to the incorporation of UN Security Council resolutions?,The Kadi judgment demanded that UNSC resolutions are construed in accordance with human rights,The Kadi judgment demanded that all UNSC resolutions be incorporated without any further implementing legislation,The Kadi judgment required that important UNSC resolutions be transformed and not merely incorporated,The Kadi judgment claimed that UNSC resolutions are not binding if they violate human rights,A,True,0.03869985044002533,0.034152500331401825,0.026597993448376656,0.03013947419822216 Magna Carta was,An agreement in 1689 which guaranteed freedom of speech in Parliament,"An agreement in 1215 between the King and his barons, which guaranteed certain protections for subjects",A constitutional document in the 19th century guaranteeing the right to vote,A document setting a complete Bill of Rights for England,B,True,0.020318739116191864,0.0430147685110569,0.002749842358753085,0.002927191788330674 Do individuals (physical) persons enjoy international legal personality in the same manner as States and international organisations?,"Individuals enjoy international legal personality, but this is limited",Individuals enjoy unlimited international legal personality,Individuals do not enjoy any international legal personality,Individuals can only bring claims before international courts,A,True,0.028359396383166313,0.015179691836237907,0.009206948801875114,0.012584405951201916 Is there any hierarchy or priority among the various methods of peaceful settlement of disputes?,"Yes, all the political methods (e.g. negotiation, mediation, inquiry, conciliation) should be exhausted prior to resorting to legal methods","Legal methods prevail over the political methods, since they are binding upon the parties",There is no hierarchy among these methods and the choice belongs to the disputing States,It is a matter of an impartial third party to decide which method will have priority over the other,C,True,0.039592355489730835,0.021192260086536407,0.0576065368950367,0.04486401379108429 Which of the following statements is false?,In the 1990's it became apparent the European Court of Human Rights had to be reformed because it wasn't examining enough cases,In the 1990's it became apparent the European Court of Human Rights had to be reformed because the workload had increased,In the 1990's it became apparent the European Court of Human Rights had to be reformed because it was a part time court that could not process the growing number of complaints,In the 1990's it became apparent the European Court of Human Rights had to be reformed because of the growth in the number of individuals who could access the Court after the increase in the number of member states,D,False,0.04575352370738983,0.04575352370738983,0.05874868482351303,0.05874868482351303 What is the meaning of proportionality in relation to the options available to the victim State?,The victim State may use the same means and intensity of force as the aggressor,The victim State may use any means to defeat and incapacitate the aggressor,The victim State may only use such means and force as it is necessary to defeat the aggressor,The victim State can do nothing without Security Council approval,C,True,0.019280649721622467,0.015015785582363605,0.05938858538866043,0.010320188477635384 What is the ordinary geographical scope of jurisdiction?,Jurisdiction is ordinarily extra-territorial,Jurisdiction is ordinarily on the high seas,Jurisdiction is ordinarily territorial,Jurisdiction is determined by the location of the offender.,C,True,0.020497145131230354,0.014087468385696411,0.04917009174823761,0.011678921058773994 Which are the formal sources of international law?,"Custom, treaties and judicial decisions","Custom, general principles of law and theory","Treaties, custom and general principles of law","Treaties, custom and General Assembly Resolutions",C,False,0.06857441365718842,0.028586067259311676,0.02522711642086506,0.03670523688197136 What is the purpose of baselines under the law of the sea?,The determination of baselines is used for the measuring of the internal waters of coastal States,"The determination of baselines is instrumental to the establishment of all maritime zones, since they constitute the starting point for measuring the breadth of each zone",The determination of baselines is instrumental to the safe navigation of vessels on the high seas,Baselines are drawn only in cases of maritime delimitation between opposing State before an international court or tribunal,B,True,0.0519503690302372,0.058867476880550385,0.01795356720685959,0.02034405618906021 What is the difference between conciliation and mediation?,"Conciliation is the continuation of mediation with the difference that conciliation produces a binding result, while mediation not","Conciliation is conducted exclusively by representatives of the UN Secretary-General, while mediation may also be conducted by third States' officials","Mediation is usually conducted by a person appointed with the consent of the parties, while conciliation involves a commission, which proceeds to an impartial examination of the dispute and proposes settlement terms","Conciliation is a method of dispute settlement pursued only by virtue of a treaty, while mediation may also be on an ad hoc basis",C,True,0.01561103854328394,0.012157888151705265,0.017689622938632965,0.017689622938632965 "In Osman v UK (1998), the European Court laid down a test, which can be used to apply a general positive obligation on a state. Which of the following statements is not part of the Osman test?",The risk must emanate from a state agent,If a real and imminent risk (of death/harm),A state should take reasonable steps to prevent death/harm occurring,A state knows or ought to have known,A,True,0.05412643030285835,0.04215370491147041,0.04215370491147041,0.05412643030285835 Who is entitled to request an advisory opinion of the ICJ?,"Only the principal organs of the UN may request an advisory opinion (Security Council, General Assembly, ECOSOC, Trusteeship Council, Secretariat)",All international organizations may request an advisory opinion,"The General Assembly and the Security Council may request advisory opinions on any legal question, as well as 'other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities'",The principal organs of the UN may request an advisory opinion as well as the State that have been authorized by the General Assembly,C,False,0.05361142009496689,0.041752614080905914,0.05361142009496689,0.05361142009496689 What is the purpose of universal jurisdiction?,Its aim is to establish certain offences as universal,Its aim is to deter the commission of certain international crimes,Its aim is to provide jurisdiction to all States in respect of particular crimes,Its aim is to provide jurisdiction to all States in respect of all international crimes,C,False,0.02361966297030449,0.02084427885711193,0.02361966297030449,0.03032824769616127 Are all acts of State organs attributed to the State under the law international responsibility?,"The conduct of any State organ shall be considered an act of that State, even in the case that this conduct was unauthorized or ultra vires",Only the conduct of the higher echelons of the government of State shall be attributable to it,"The conduct of any State organs shall be considered an act of that State, provided that it is intra vires",Only the conduct of the executive branch of the State shall be considered an act of that State.,A,True,0.02514205127954483,0.013457570225000381,0.019580649212002754,0.017279861494898796 What is a 'treaty' according to the Vienna Convention on the Law of Treaties (VCLT)?,"Treaties are all agreements concluded between States, international organizations and non-State entities (e.g. corporations)",Treaties are agreements concluded between States in written form and governed by international law,Treaties are both the written and oral agreements between States,Treaties are agreements concluded between States in written form governed either by international or domestic law,B,True,0.025096826255321503,0.03651566803455353,0.005599858704954386,0.008673231117427349 Is the unlawful homicide committed by Minister of country X abroad an act jure imperii or jure gestionis?,Such conduct is a public act (jure imperii),Such conduct never attracts immunity,Such conduct is a private act (jure gestionis),Such conduct is a public act but is shielded by immunity,C,True,0.010836716741323471,0.009563369676470757,0.011535625904798508,0.009563369676470757 What was the outcome before the European Court of Human Rights in the Al-Adsani case?,The Court held that the right to a fair trial trumped the privilege of immunity,The Court held that immunity trumped the right to a fair trial,The Court held that immunities were not in conflict with the right to a fair trial,"The Court held that human rights considerations prevailed over all other contrary rules of international law, including most immunities",C,False,0.04376848414540291,0.022008175030350685,0.02067476697266102,0.04376848414540291 What other criteria were imposed by the Badinter Commission on the former Yugoslav republics?,The Commission required a commitment to submit disputes to the ICJ,The Commission required a change in boundaries,The Commission required a commitment to human rights and democracy,The Commission required an exchange of ethnic populations,C,True,0.023931575939059258,0.023931575939059258,0.03072875179350376,0.027118027210235596 How treaties are to be interpreted?,Treaties are to be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose,Treaties are to be interpreted only in accordance with the ordinary meaning of their terms,"Treaties are to be interpreted in accordance with the intention of the parties, as evidenced in the preparatory works of the treaty",Treaties are to be interpreted only in light of its object and purpose,A,True,0.12063118815422058,0.05028655752539635,0.030500341206789017,0.10645663738250732 When coastal States do enforce their criminal jurisdiction over foreign vessels in their ports?,Port States generally do not enforce their criminal jurisdiction over crimes that do not infringe their customs laws or disrupt peace and public order.,Port States enforce their jurisdiction in all cases of delinquent vessels,"Port States enforce their jurisdiction only in respect of very serious crimes, such as drug trafficking",Port States are not entitled to enforce their jurisdiction over any foreign vessel,A,False,0.03710924834012985,0.05399363487958908,0.03710924834012985,0.03274879232048988 What is the value of the Resolutions of the UN General Assembly in terms as a 'source' of international law?,GA Resolutions are considered as additional sources of international law and thus binding upon States,GA Resolutions are equivalent to treaties,GA Resolutions reflect always customary law,"GA Resolutions are considered as material source, in the sense that they may enunciate statements of customary law",D,True,0.05043189600110054,0.030588490888476372,0.015380858443677425,0.06475583463907242 "Do treaties bind third States, ie non-State parties?",Treaties may create only rights for third States,Treaties create both obligations and rights for third States,Treaties do no create obligations or rights for third States without their consent,"Treaties do not create any obligations or rights for third States, even when the latter consent.",C,False,0.03100190870463848,0.039807241410017014,0.012140520848333836,0.02130727842450142 Which of the following articles are not qualified rights?,Article 3,Article 8,Article 9,Article 11,A,True,0.03371648117899895,0.013203563168644905,0.015926536172628403,0.026258420199155807 What is dualism?,Dualism suggests that international and domestic law are part of a unified legal system,"Under dualism, international and domestic laws comprise distinct legal Systems",Dualism suggests that international and domestic law are distinct but equal in hierarchy,Dualism suggests that international and domestic law are distinct legal systems whereby domestic law always prevails,B,False,0.014647620730102062,0.031009012833237648,0.008884231559932232,0.05793246626853943 What is an act jure imperii?,An act is jure imperii when undertaken by an international organisation,An act is jure imperii when undertaken in an official State capacity,All acts undertaken by State officials are acts jure imperii,An act is jure imperii when undertaken by a State corporation,B,False,0.018565349280834198,0.011260454542934895,0.00343424454331398,0.0032261740416288376 What is the relationship between the formal sources of international law?,There is no hierarchy between the formal sources of international law,Treaties supersede custom,Custom supersedes treaties,General Principles of Law supersede both custom and treaties,A,True,0.019281920045614243,0.015016774646937847,0.012449342757463455,0.017016233876347542 What was the particular advantage of UNSC Resolution 678 over a collective defensive action under Article 51 UN Charter during the Gulf War?,Resolution 678 allowed the allies to attack Iraq with nuclear and chemical weapons,Resolution 678 is narrower than the inherent right of self-defence under Article 51 UN Charter,Resolution 678 was faster to adopt and negotiate.,Resolution 678 is broader because it authorised the use of force with respect to any matter threatening the peace and security of the Gulf region.,D,True,0.01892912946641445,0.01892912946641445,0.021449513733386993,0.05830582603812218 How can customary law be related to treaty provisions?,Treaties may only codify customary law,Customary law is a different source of international and it cannot be embodied in treaties,"Treaties may 1) codify customary law, 2) 'crystallise' customary law, 3) lead to the emergence of customary law",Customary law can emerge only from few multilateral treaties,C,True,0.010177558287978172,0.014808259904384613,0.019014183431863785,0.008981664665043354 What does it mean for a State to be sovereign?,Sovereignty means being recognised by all other States,Sovereignty means to be able to enter into treaties and join the UN,Sovereignty means freedom to determine one's own affairs without external interference,Sovereignty means possessing the right to defend oneself,C,True,0.03551934286952019,0.01901213452219963,0.09655158966779709,0.02154357172548771 What is the meaning of functional recognition?,Recognition is a function as opposed to a power,Recognition is reciprocal between two States,Recognition is only afforded to particular administrative acts not to the entity's declared statehood,"Recognition is only afforded to the government, not the State",C,True,0.011835865676403046,0.011835865676403046,0.015197550877928734,0.013411791995167732 "What is the meaning of ""act of State"" doctrine?",The act of State doctrine denotes that all State acts attract immunity,The act of State doctrine denotes that the assessment as to the existence of an alleged tort committed by a State belongs to the executive and not the courts,The act of State doctrine denotes that the courts are well placed to assess the existence of an alleged tort committed by the State,The act of State doctrine is a legal mechanism that allows the courts to provide immunity to public acts of foreign States,B,False,0.021575812250375748,0.019040588289499283,0.016803259029984474,0.04030892252922058 How can the structure of the international society be displayed?,The structure of the international society follows the vertical model of the domestic legal orders,"International society consists of a constellation of sovereign States and other international organizations, which are dispersed in a rather horizontal order of authority","International society is so anarchical that there is no order of authority, neither vertical nor horizontal",The structure of the international society resembles the structure of the most powerful nations in the world,B,False,0.01992454193532467,0.01992454193532467,0.01066483836621046,0.015517248772084713 Are there any limitations to the incorporation of customary crimes under English law?,There are no limitations to the incorporation of customary crimes,Customary crimes must be contained in a multilateral treaty in order to be automatically incorporated,The courts may freely incorporate customary crimes into the domestic sphere,The situation is not clear-cut but an act of parliament would most probably be required,D,True,0.02946338802576065,0.026001347228884697,0.02946338802576065,0.03338639438152313 What is the function of the contiguous zone?,The contiguous zone functions as security zone of the coastal State,"The contiguous zone is a zone, in which the coastal State may explore and exploit its mineral resources","The contiguous zone is a zone in which the coastal State is permitted to prevent and punish infringements of customs, fiscal, immigration or sanitary laws",The contiguous zone is a zone in which the coastal State safeguards its archaeological and historical objects,C,True,0.058743737637996674,0.058743737637996674,0.0665653795003891,0.03562988340854645 Which of the examples below has not been developed by the European Court of Human Rights as a situation where the state has a positive obligation to protect?,When the applicant is in the custody of the state,Where the state must investigate claims against it,The development of a legal framework to protect those within the state,To provide housing for all those homeless within a state,D,False,0.04418918490409851,0.023652764037251472,0.023652764037251472,0.03899681568145752 Which case was the first to define the meaning of the doctrine of 'margin of appreciation' as applied by the European Court of Human Rights?,Goodwin v UK (2002),Airey v Ireland (1979),Osman v UK ( 1998),Handyside v UK (1976),D,False,0.05736613646149635,0.02709784172475338,0.016435671597719193,0.023913763463497162 How are the members of the arbitral tribunal appointed?,All the members of the arbitral tribunal are appointed by the parties,All the members of the arbitral tribunal are appointed by the parties,"All the members of the arbitral tribunal are appointed by an impartial third party, such as the president of the ICJ",All the members of the arbitral tribunal are appointed by the parties from a restricted list of arbitrators,A,True,0.02071939781308174,0.014240220189094543,0.014240220189094543,0.018284805119037628 Are the peremptory norms of international law the only norms that set out obligations erga omnes?,Yes,"No, acts of international organizations also set out such obligations","No, decisions of international courts also set out such obligations","No, even though all peremptory norms set out obligations erga omnes, the latter may also spring from treaties regulating objective regimes or unilateral acts",D,False,0.048226919025182724,0.03755916282534599,0.020103972405195236,0.029251106083393097 What is the constitutive theory of recognition?,Recognition is determinative of statehood,Recognition requires constitutional approval by third nations,Recognition requires that the constitution of the recognised State includes sufficient human rights guarantees,Countries wishing to be recognised must possess a valid constitution,A,True,0.03584592789411545,0.027916835620999336,0.014942805282771587,0.019186941906809807 The enforcement mechanism of the International Covenant on Civil and Political Rights (and Protocol) consists of,A reporting mechanism only,Judgment of an international tribunal,Right to individual petition only,A reporting mechanism and right to individual petition,D,True,0.03502964600920677,0.024075500667095184,0.01554431114345789,0.0654439926147461 Is piracy under international (jure gentium) law subject to universal jurisdiction?,Piracy jure gentium is subject to flag State jurisdiction,Piracy jure gentium is subject to universal jurisdiction,Piracy jure gentium is subject to port State jurisdiction,Piracy jure gentium is subject to nationality-based jurisdiction,B,True,0.007986940443515778,0.01492156833410263,0.002435879083350301,0.0040160855278372765 What are self-executing treaties?,Self-executing treaties are adopted only by the executive,Self-executive treaties are clear and precise enough so as not to require any further implementing measures,Self-executing rely on implementing measures stipulated in the treaty Itself,Self-executing treaties follow the doctrine of transformation,B,False,0.01762506365776062,0.01762506365776062,0.013726413249969482,0.013726413249969482 "Is the ICJ hostile to the idea that an armed attack may arise through a series of lower intensity, yet cumulative, instances of armed force?",The ICJ was not hostile to the accumulation theory,"The concept of an armed attack refers to a single attack, not multiple smaller instances of armed force",In the Nicaragua case the ICJ dismissed the accumulation theory,The ICJ has never addressed this issue,A,True,0.028002845123410225,0.01698458380997181,0.011673321947455406,0.024712424725294113 Is there any priority among international courts and tribunals?,"According to the lis pendens rule, the court or the tribunal that seizes first the dispute has exclusive jurisdiction to adjudicate it",The International Court of Justice has by definition priority over any other court or tribunal,"Since there is no lis pendens rule in international law and all depends on the consent of the parties to a dispute, there is no priority or hierarchy among international courts and tribunals",Regional or special courts have priority over all others in line of the principle of lex specialis,C,True,0.016850143671035767,0.011580923572182655,0.024516815319657326,0.019093714654445648 Do third States enjoy any fishing rights within the Exclusive Economic Zone of another State?,"When the coastal State cannot harvest the 'total allowable catch', the coastal State is to give other State access to that surplus with priority to be given to developing and land-locked States",Third States may never have access to fisheries within another State's EEZ,The coastal State is to give access to fisheries within its EEZ only to neighbouring States,"Third States are free to fish within another EEZ, except from certain designated areas",A,False,0.015549946576356888,0.012891358695924282,0.017620399594306946,0.03730238229036331 What is the purpose of sovereign immunity?,The purpose of immunity is to protect foreign Heads of State from embarrassment,Immunity protects a State from being invaded by another,Immunity shields States from being sued in the courts of other States,The purpose of immunity is to offer impunity in respect of all crimes,C,True,0.011121666990220547,0.014280502684414387,0.028400171548128128,0.011121666990220547 What is passive personality jurisdiction?,It is jurisdiction based on the nationality of the offender,It is jurisdiction based on where the offence was committed,It is jurisdiction based on the nationality of the victims,It is jurisdiction based on the country where the legal person was Registered,C,False,0.03844122588634491,0.043559618294239044,0.01705818995833397,0.023315781727433205 Which of the following types of rights have been described as first generation rights?,Social and economic rights,Civil and political rights,Cultural rights,People's rights,B,False,0.023821569979190826,0.023821569979190826,0.01057075709104538,0.008763466030359268 What is the problem of 'fragmentation' of international law?,Fragmentation of international law concerns the possibility of different legal regimes apply the same rules of international law,"It is possible for several legal regimes (ie foreign investment law and human rights law) to exist and develop in isolation of each other, ultimately culminating in the production of divergent rules of international law",Fragmentation is when States assume different interpretations of the same rule of international law,Fragmentation is when States disagree to abide by a certain rule of international law,B,True,0.011411748826503754,0.03983091935515404,0.006921575870364904,0.020028244704008102 What is functional (ratione materiae) immunity?,Functional immunity covers the person but not the act,Functional immunity covers the act and incidentally also the person committing the act,Functional immunity covers the State and incidentally also the act,Functional immunity covers both private and public acts as long as they are sanctioned by the State,B,True,0.024943124502897263,0.032027605921030045,0.017143141478300095,0.013351092115044594 What is the meaning of implied authorisation?,Presumption of Security Council approval of armed force when a State has been forewarned,Implicit authorisation on the basis of a specific number of votes by UNSC members,Presumption that all unlawful attacks will be subject to armed force by a resolution of the UNSC,In cases of repeated unlawful attacks the UNSC shall authorise neighbouring States to take whatever measures they deem necessary to rectify the situation,A,True,0.0423613041639328,0.032991014420986176,0.02911446802318096,0.032991014420986176 Which philosopher called the idea of natural rights 'nonsense on stilts'?,Alan Gerwith,Emmanuel Kant,John Locke,Jeremy Bentham,D,False,0.017718587070703506,0.025780392810702324,0.006518303416669369,0.01563659869134426 Who has the authority to conclude a treaty on the part of States?,"Treaties are concluded by the competent representatives of States. Heads of States, heads of governments, ministers of foreign affairs and heads of diplomatic missions are presumed to have such authority",Treaties may only negotiated and concluded by the heads of State and ministers of foreign affairs,Treaties are negotiated and signed only by the persons that bear the necessary 'full powers' and no person is presumed to hold such authority,Treaties are concluded only by members of the diplomatic missions of States,A,True,0.08120490610599518,0.038358479738235474,0.026363370940089226,0.023265592753887177 Who is a 'persistent objector'?,The State which persistently objects to the rule in question after its formation,The State which denies to be bound by the rule in question for a short period,The State which persistently and publicly objects to the formation of a rule of customary law from its outset,The State which accepts the formation of a rule of customary law but it retains objections as to its content,C,False,0.03766610473394394,0.033240221440792084,0.033240221440792084,0.03766610473394394 What is the meaning of collective security?,The right to self-defence by more than one nation acting in concert,The right of one's allies to defend the victim State,The authorisation of armed force by the UN Security Council,The authorisation of peacekeeping missions by the UN General Assembly,C,False,0.05614551156759262,0.023404929786920547,0.03005252406001091,0.018227778375148773 The European Convention on Human Rights is predominantly concerned with which of the following?,Economic and social rights,Environmental rights,Civil and political rights,Economic freedom,C,True,0.012020822614431381,0.017490193247795105,0.02708934247493744,0.005011024419218302 Is the jurisdiction of international tribunals regulated by the same principles applicable to national courts?,The jurisdictional principles applicable to national courts are also common to international tribunals,The jurisdiction of all international tribunals is regulated by the UN Security Council,"International tribunals share some, but not all, of the jurisdictional principles applicable to national courts",The jurisdiction of international tribunals is dictated solely by their founding treaties,D,False,0.01795663870871067,0.01089125219732523,0.031514883041381836,0.01398464385420084 What is the meaning of collective rights?,Collective rights belong to distinct groups of people,Collective rights are those that belong to particular groups as opposed to the individual members of the group,Minority rights are collective rights,Collective rights entail a right of the group as such as well as individual rights of the group's members,B,True,0.005598923657089472,0.014297353103756905,0.00634441152215004,0.011134790256619453 Are States under any obligation when they conduct negotiations?,States are under no obligation as to how they conduct their negotiation,States are under an obligation so to conduct themselves that the negotiations are meaningful,States are under an obligation to find a solution of the dispute whenever they conduct negotiations,States are under an obligation to inform the UN Secretary-General about the progress of their negotiations,B,True,0.029922528192400932,0.03842128813266754,0.014134402386844158,0.01247356552630663 What is the major difference between naturalism and positivism?,"On the one hand, naturalism is based on a set of rules that are of universal and objective scope and on the other hand, positivism is based on a structured and coherent legal system that is created by States in light of their interests and desires","While naturalism serves only the theory human rights law, positivism has a wider and more general scope","Naturalism concerns the underpinning values of the international society, while positivism the international rules as such","Naturalism is a school of thought advocated outside of Europe, while positivism is Euro-centric theory",A,True,0.027416406199336052,0.01467494573444128,0.021351918578147888,0.021351918578147888 What is an 'internationally wrongful conduct'?,An international wrongful conduct is an action or omission which is in breach of a rule of international criminal law,"An international wrongful conduct is every breach of an international obligation of the State, whether attributable to it or not","An internationally wrongful conduct consists of an action or omission attributable to the State, which constitutes a breach of an international obligation of the State","An internationally wrongful conduct is the conduct that cannot be excused on grounds of necessity, force majeure etc.",C,False,0.0172305665910244,0.02840840071439743,0.022124484181404114,0.015205921605229378 What is the effects doctrine?,It posits that jurisdiction exists only when it is effective,The effects doctrine serves to confer jurisdiction on the State which has an effective link with the harmful conduct,The effects doctrine serves to confer jurisdiction on the State sharing the nationality of the offender,The effects doctrine serves to confer jurisdiction to the State on whose territory the conduct produces effects,D,False,0.013333465903997421,0.0319853238761425,0.015108796767890453,0.0282269474118948 Which persons are considered as 'de facto' organs of the State under the law of international responsibility?,'De facto organs' are the individuals that are empowered by law to exercise elements of governmental authority,"'De facto organs' are the persons, which are, in fact, acting on the instructions of, or under the direction or control of, that State in carrying out the conduct attributable to the State",'De facto organs' are the de jure organs of the State that act without due authority or ultra vires,"'De facto organs' are the organs, whose acts or omission cannot be attributed to the State",B,True,0.030943522229790688,0.03506360575556755,0.008865468204021454,0.008865468204021454 What is the fundamental prerequisite for the incorporation of custom under English law?,Custom is incorporated if it is not in conflict with existing legislation,Custom is superior to English law and is always incorporated,Custom must first be recognised by Parliament before the courts can bring it into the domestic sphere,Custom is incorporated with the passing of implementing legislation,A,False,0.013502378016710281,0.014373207464814186,0.011193864978849888,0.013502378016710281 Was the use of armed force permitted prior to the United Nations Charter?,Armed force was prohibited,Armed force was permitted with no restrictions,Armed force was permitted subject to few restrictions,Armed force was not regulated under international law prior to 1945,C,True,0.009099263697862625,0.010975806042551994,0.012437216937541962,0.009099263697862625 What is the protective principle of jurisdiction?,It is jurisdiction based on the harm to national interests by conduct committed abroad,It is jurisdiction in order to protect one's nationals abroad,It is jurisdiction in order to protect international human rights,It is jurisdiction based on the nationality of the offender,A,True,0.02800029329955578,0.02800029329955578,0.014987478032708168,0.02180664986371994 Which one of the following statements is correct?,The Council of Europe was established in 1950 and consists of 27 member states,The Council of Europe was established in 1949 and consists of 47 member states,The Council of Europe was established in 1959 and consists of 34 member states,The Council of Europe was established in 1984 and consists of 19 member states,B,False,0.07959087938070297,0.07023870944976807,0.06198544055223465,0.05470195785164833 What is the 'equitable result' in the law and practice of maritime delimitation?,It is the only method of delimitation that international courts and tribunals follow,"An equitable result is what a judge or the arbitrator would decide ex aequo et bono, i.e. upon their discretion and in light of what they consider as fair and equitable in a delimitation case","It is the end result that all delimitations of areas of continental shelf and EEZ should achieve, after, however, drawing a provisional 'equidistance line' and adjusting the zone in the light of the relevant circumstances and the proportionality test.",Achieving an equitable result is an old method of delimitation which is currently not applicable,C,False,0.04690074548125267,0.04690074548125267,0.03652633726596832,0.022154344245791435 What is a derogation?,Derogations are exemptions from particular human rights obligations contained in a treaty,A derogation refers to the ability of rights holders to bring a claim against the State for breach of an obligation,A State may suspend particular rights by means of a derogation in circumstances that threaten its existence,Derogations are enforcement clauses in human rights treaties,C,False,0.05836372449994087,0.02756907045841217,0.016721487045288086,0.024329619482159615 What is an act jure gestionis?,Acts jure gestionis are those undertaken by States in a private capacity,All purchases by the State are acts jure gestionis,All acts undertaken by State corporations are jure gestionis,All conduct undertaken by government officials in their free time is considered jus gestionis.,A,True,0.012823780067265034,0.007778015919029713,0.005690517835319042,0.0088136475533247 What is the meaning of cultural relativism?,Culture relativism posits that human rights apply equally to all without restrictions,Culture relativism posits that human rights have a cultural origin,Cultural relativism posits that the application of human rights is relative to the laws in each nation,Cultural relativism posits that local culture should validate the existence and practice of all human rights,D,False,0.02184336632490158,0.017011629417538643,0.010318075306713581,0.013248670846223831 Is recognition of governments prevalent in contemporary international practice?,Recognition of governments is very prevalent in contemporary practice,Recognition of governments has largely been replaced by functional Recognition,Government recognition is common in respect of rebel entities,Only democratic governments are recognised in contemporary practice,B,False,0.03680909052491188,0.013541307300329208,0.0056448569521307945,0.006396460346877575 What is the legal nature of the Universal Declaration of Human Rights (UDHR)?,The UDHR is a multilateral treaty,The UDHR is a UN General Assembly resolution,The UDHR is a UN Security Council resolution,The UDHR is a declaration adopted by several States at an international conference,B,True,0.02226993814110756,0.025235146284103394,0.005993872415274382,0.011198028922080994 Under what circumstances do human rights violations taking place outside the territory of ECHR member States fall within the remit of the ECHR?,The ECHR applies outside Europe where human rights are violated by ECHR member States abroad,The ECHR applies extraterritorially in circumstances where a member State exercises effective control,The ECHR applies extraterritorially where a member State has contributed forces to a UN peacekeeping mission,The ECHR applies extraterritorially where human rights violations are taking place in former colonies of member States,B,False,0.04476119205355644,0.02395893819630146,0.021143687888979912,0.01986265741288662 What does the principle 'pacta sunt servanda' mean?,Parties to a treaty should be cognizant of its terms and not misinterpret them,Parties to a treaty should safeguard the object and purpose of the treaty,Parties to a treaty should adhere to its terms in good faith,Parties to a treaty should not violate the most important provisions of the treaty,C,True,0.021065907552838326,0.02387080155313015,0.0572630800306797,0.011275768280029297 What was the consequence from the absence of implementing legislation in the Tin Council case?,The International Tin Council was headquartered in London and hence the absence of implementing legislation was inconsequential,The constitutive treaties of international organisations are subject to the doctrine of incorporation,The absence of implementing legislation with respect to the Council's founding treaty meant that individuals did not derive rights and duties from it in the English legal system,The absence of implementing legislation in England in respect of an international organisation is inconsequential under international law,C,False,0.01762862130999565,0.027303744107484818,0.02409547008574009,0.03972671180963516 Which of the following statements is true?,The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law,The Human Rights Act 1998 allows a court to invalidate primary legislation,The Human Rights Act 1998 allows any person with a reasonable case to bring a case before a court,The Human Rights Act 1998 incorporates the EU charter of fundamental rights into UK law,A,True,0.03959866613149643,0.027215737849473953,0.02256263978779316,0.024017805233597755 What forms may the obligation of reparation take?,"Reparation may take only the form of pecuniary compensation, including the interest",Reparation denotes only the physical restitution of the wrongful act,"Reparation includes restitution, compensation, and satisfaction, either alone or alongside other forms of reparation",The form of reparation is a matter for the responsible State to decide,C,True,0.00826222077012062,0.008795088157057762,0.022459043189883232,0.010608901269733906 What is jus cogens?,"They are peremptory norms of international law, from which no derogations are allowed and which can never be altered even with the consent of the States",They are rules of international law that are laid down in multilateral treaties with a wide participation,They are the decisions of the UN Security Council,They are the rules of international law on which the ICJ founds its decisions,A,True,0.04051743820309639,0.019139083102345467,0.00904066301882267,0.027847200632095337 What is 'unilateral acts'?,They are acts that States perform as practice in the context of custom,They are acts creating unilateral legal obligations to the acting State,Unilateral acts are simply political acts of State devoid of any legal effect,Unilateral acts are those that State perform in order to be bound by a treaty,B,False,0.030748622491955757,0.02394705079495907,0.013644617982208729,0.014524620957672596 Is extra-territorial abduction a ground for refusal of otherwise lawful jurisdiction by English courts?,Such abduction constitutes abuse of process and leads to a stay of proceedings,Such abduction gives rise to the abductor's liability but does not lead to a stay of proceedings,The stay of proceedings under such circumstances would prevent the administration of justice in respect of international criminals,"The courts may, but will seldom, stay proceedings in cases of extra-territorial abduction",A,False,0.01876039430499077,0.01876039430499077,0.01876039430499077,0.03504903241991997 What is the meaning of 'secondary rules' in the law of international responsibility?,"Secondary rules are the rules of interpretation of international law, including the law of international responsibility","Secondary rules are the rules that govern the legal consequences arising from a breach of the primary rules, ie of the international obligations of the States",Secondary rules are the rules that govern exclusively the concept of attribution in the law of international responsibility,Secondary rules are the rules that govern exclusively the law of countermeasures,B,True,0.035053085535764694,0.06548777967691422,0.022631973028182983,0.02126077003777027 What does the doctrine of incorporation suggest in respect of treaties?,The doctrine of incorporation requires that all treaties undergo legislative transformation before they become domestic law,The doctrine of incorporation does not require any further action at the domestic level,The doctrine of incorporation treats treaties as inferior to domestic law,The doctrine of incorporation suggests that ratified treaties automatically pass into the sphere of domestic law,D,True,0.012497063726186752,0.01708145998418331,0.011028620414435863,0.036161452531814575 Are the provisional measures issued by the ICJ binding upon the parties?,"No, according to the literal interpretation of the relevant provision of the State, the provisional measures are not binding","No, unless the parties have agreed so beforehand",It depends upon the Court whether the provisional measures will be binding,"Yes, it has been consistently held by the Court since the La Grand case (2001) that they are binding",D,True,0.01979517564177513,0.022430874407291412,0.025417510420084,0.06909195333719254 When are countermeasures illegal?,"Countermeasures are illegal when inter alia are disproportionate or in violation of a peremptory norm of international law (e.g. the use of force, human rights)",Countermeasures are illegal when they are taken in the course of an armed conflict,Countermeasures are illegal when they violate bilateral treaties,Countermeasures are illegal when the responsible State does not consent to them,A,True,0.055937327444553375,0.024822039529681206,0.0384451262652874,0.029941095039248466 What is the difference between political and legal means of dispute settlement?,"The outcome arising from legal methods, ie arbitration or adjudication by the ICJ, is final and binding upon the parties, whereas this is not the case with diplomatic methods","The political methods are pursued upon the consent of then parties to the dispute, whereas the legal methods not","The political means lead to a final settlement of the dispute, whereas this is not the case with the legal methods","The legal methods of dispute settlement are pursued only in respect of significant disputes, whereas the political means are employed in all disputes",A,True,0.03725750744342804,0.025606686249375343,0.025606686249375343,0.03725750744342804 What is the rationale for the exhaustion of local remedies in international human rights?,The local remedies rule aims to free up international tribunals to deal with the most serious cases,The local remedies rule aims to dissuade applicants abusing the system from filing unnecessary petitions,The local remedies rule aims on the one hand to restrict the volume of petitions to international tribunals while at the same time building up the capacity of local courts,The local remedies rule helps demonstrate that national courts are always better placed than international ones to deal with cases,C,False,0.057672999799251556,0.044915780425071716,0.039638034999370575,0.05089624598622322 Which of the following cases best illustrates the 'living instrument principle' used by the European Court of Human Rights?,Golder v UK (1978),A v UK (2009),Goodwin v UK (2002),Osman v UK (1998),C,False,0.0461127944290638,0.01696394756436348,0.014063606970012188,0.027968822047114372 Is the recognition of foreign judgments subject to the same rules as those applicable to the incorporation and transformation of treaties?,Foreign judgments are enforced on the basis of the doctrine of incorporation,Foreign judgments are enforced on the basis of the doctrine of transformation,The recognition of foreign judgments is dependent on the existence of appropriate bilateral or multilateral treaties,The courts exercise discretion as to the enforcement of foreign judgments on the basis of the rule of comity,C,False,0.016632521525025368,0.01143135316669941,0.016632521525025368,0.035211049020290375 What was the most important finding by the House of Lords in the Pinochet case?,The Pinochet case confirmed that former heads of State enjoy absolute immunity,The Pinochet case confirmed that all public acts enjoy immunity,The Pinochet case confirmed that former heads of State cease to enjoy personal immunity once removed from office,The Pinochet case confirmed that in respect of immunities there is no difference between a current and a former head of State,C,False,0.028003117069602013,0.021808849647641182,0.024712665006518364,0.024712665006518364 Which one of the statements below is false?,The war crimes trials at Nuremberg and Tokyo took place immediately after the First World War,The war crimes trials introduced a 'crime against humanity' as an offence,The war crimes trials held individuals legally responsible for acts such as war crimes and crimes against humanity,"The war crimes trials found that ""superior orders"" could not be used as a defence for war crimes or crimes against humanity",A,False,0.03513471782207489,0.03513471782207489,0.039812855422496796,0.05112071707844734 Which State exercises jurisdiction over vessels on the high seas?,All States may exercise jurisdiction over foreign vessels on the high seas,States may exercise jurisdiction over foreign vessels on the high seas only in cases of criminal activity that concerns them,"The flag State is to exercise exclusive jurisdiction over its vessels on the high seas, with the exception of specific cases, such as piracy",The flag State is the only State to exercise exclusive jurisdiction over its vessels on the high seas with no exception,C,False,0.01680411398410797,0.01482957974076271,0.024449842050671577,0.03557431325316429 Should treaties assume a particular form?,Treaties should always be designated as such and assume a particular form,"Treaties should always assume a particular form, no matter how they are designated",Treaties do not have to assume a particular form or designated as such,"Treaties have to be designated as such, no matter what form they assume",C,False,0.019156407564878464,0.01491902582347393,0.011618947610259056,0.013165993615984917 What is the fundamental premise of monist theory?,Monism posits that international law is superior to domestic laws,Monism posits that international and domestic law are part of the same legal order,Monism posits that domestic laws are superior to international law,Monism posits that domestic and international law never clash,B,False,0.031445953994989395,0.021612467244267464,0.008463564328849316,0.01231441181153059 Where do we find the 'general principles of law recognized by civilized nations' (article 38 ICJ Statute)?,We look for established principles of law recognized only among the most civilised nations,"We look for established principles of law, which are common to all major legal systems",We look for general principles of international law recognized by international courts and tribunals,We look for general principles of law recognized by all nations,B,False,0.02810804359614849,0.03609144315123558,0.04634232819080353,0.024805262684822083 When does an illegal act of violence on the high seas fall short of qualifying as piracy?,When it is committed against a public vessel of another State,When it is committed for 'private ends',When it is committed by a warship even when its crew has mutinied and taken control of the ship,When it is not committed against another vessel and when it is not committed for 'private ends',D,True,0.014030740596354008,0.012382084503769875,0.012382084503769875,0.026212874799966812 "What is the meaning of ""armed attack"" in Article 51 UN Charter?",Armed attack includes all types of armed force,Armed attack includes all high intensity instances of armed force,Armed attack includes terrorist attacks,"An ""armed attack"" gives the right to invade the aggressor State",B,False,0.025547878816723824,0.015495572239160538,0.012067963369190693,0.015495572239160538 Who is an 'injured State' in the law of international responsibility?,A State is 'injured' in case that it has suffered a damage from the internationally wrongful conduct,A State is 'injured' in cases that there has been a violation of a peremptory norm of international law,A State is 'injured' should it acknowledge the existence of the internationally wrongful conduct,"A State is 'injured' if the obligation breached was owed to it individually or if it was owed to a group of States, including that State, and it was specially affected",D,True,0.043851859867572784,0.02347220852971077,0.038699135184288025,0.09283439069986343 What is personal (ratione personae) immunity?,Personal immunity is afforded to all physical persons,Personal immunity is that which is afforded in a personal capacity and hence does not cover conduct of the State as such,Personal immunity is afforded only to particular persons irrespective if their conduct was undertaken in a private or public capacity,Personal immunity is afforded to State officials for conduct undertaken in a public capacity,C,False,0.010924669913947582,0.018011733889579773,0.012379271909594536,0.020409969612956047 Which of the following statements best describes the UN Human Rights Council?,The UN Human Rights Council has the power to impose economic sanctions on a state for human rights violations,The UN Human Rights Council scrutinises the human rights records of member states on the Council and each member state of the UN,The UN Human Rights Council replaced the Economic and Social Committee of the UN,The UN Human Rights Council consists of 27 member states,B,False,0.04035267233848572,0.03142669051885605,0.027733957394957542,0.05871278792619705 When a reservation is considered as invalid under the law of treaties?,A reservation is invalid when the majority of the State parties objects to it,A reservation is invalid only when an international tribunal says so,A reservation is invalid only when is incompatible with a peremptory norm of international law (jus cogens),A reservation is invalid when it is incompatible with the object and purpose of the treaty,D,True,0.07532928138971329,0.03140191361308098,0.051773007959127426,0.08535926043987274 What kind of rights do coastal States enjoy over their continental shelf?,The coastal State enjoy ipso facto and ab initio sovereign rights over its continental shelf for the purpose of exploring it and exploiting its natural resources,The coastal State may exercise sovereign rights over its continental shelf only upon its declaration,The coastal State exercise sovereign rights over its continental shelf for the purpose of exploiting its fishing resources,The coastal State may exercise only limited rights over its continental shelf and only upon the consent of its neighbouring States,A,True,0.09788446128368378,0.04623734578490257,0.02804436720907688,0.04623734578490257 Are there any limits to the application of article 103 of the UN Charter?,"No, there are no limits to article 103","Yes, Article 103 cannot trump multilateral treaties","Yes, article 103 of the UN Charter cannot trump jus cogens norms","Yes, when a case is submitted to the ICJ, article 103 ceases to have any effect",C,False,0.013725643046200275,0.010689541697502136,0.00886194221675396,0.010689541697502136 Can countries rely on their domestic law as an excuse to violate their obligations under international law?,Domestic law always prevails over international law,Only customary international law prevails over domestic law,Obligations under international law prevail over domestic law,Constitutional obligations always prevail over obligations under international law,C,True,0.021562404930591583,0.016792817041277885,0.027686674147844315,0.012285887263715267 What is meant by an international organisation's implied powers?,Implied are those powers which are necessary in order for an organisation to carry out the tasks conferred upon it and which are not stipulated in its charter,It refers to new powers assumed unilaterally by the organisation,It refers to powers conferred upon the organisation by the international Community,Implied powers are those whose determination depends on an expansive interpretation of an organisation's charter,A,False,0.0446072518825531,0.030658086761832237,0.027055665850639343,0.05727684870362282 What are the criteria for statehood under the 1933 Montevideo Convention?,It requires that the entity in question is not an aggressor and that it is peaceful,It requires recognition by the majority of other nations,"It requires a permanent population, a defined territory, a government and a capacity to enter into foreign relations",It requires stable and indissoluble borders as well as recognition,C,True,0.015312478877604008,0.017351310700178146,0.03673272579908371,0.009886479005217552