Public International Law MCQ Quiz - Objective Question with Answer for Public International Law - Download Free PDF

The correct answer is 'De Facto' is provisional and based on factual control, while 'De Jure' is permanent and legal.

Key Points

• De Facto and De Jure Recognition:
  • De Facto Recognition:
    • This is a provisional recognition given to a state or government that exercises control and governance over a territory but has not yet achieved complete stability or long-term viability.
    • It is based on factual control and the practical existence of the government or state.
    • It can be withdrawn if the recognized entity fails to establish permanent control or stability.
  • De Jure Recognition:
    • This is a formal and permanent recognition granted when a state or government has achieved all the necessary criteria for statehood or governance as per international law.
    • It implies legal recognition and acknowledgment of the entity's legitimacy and sovereignty.
    • Once given, it is difficult to withdraw as it is based on the fulfillment of legal and formal criteria.

Additional Information

• Other Options Analysis:
  • Option 1:
    • This statement is incorrect as "De Facto" is provisional, and "De Jure" is permanent, not the other way around.
  • Option 2:
    • This statement is incorrect because "De Facto" refers to factual recognition based on actual control, while "De Jure" refers to legal recognition.
  • Option 4:
    • This statement is incorrect as both "De Facto" and "De Jure" recognition can apply to both states and governments, not exclusively to one.

The correct answer is 'Recognition granted when a state meets all the necessary conditions for statehood'

Key Points

• De Jure Recognition:
  • De Jure Recognition refers to the formal and legal recognition granted to a state when it fulfills all the necessary conditions for statehood.
  • This type of recognition is comprehensive and signifies that the recognizing state acknowledges the legal existence and sovereignty of the new state.
  • Once granted, De Jure Recognition is not easily withdrawn and implies a stable and enduring relationship between the states.
  • It is based on the new state's ability to maintain effective control over its territory, a stable government, and adherence to international norms and laws.

Additional Information

• Recognition based on the state’s territorial claims:
  • This refers to the acknowledgment of a state's territorial claims, which is not the same as De Jure Recognition, as it may not consider the full legal and formal existence of the state.
  • Recognition of territorial claims can be a component of the broader recognition process but does not equate to full statehood recognition.
• Recognition that can be withdrawn at any time:
  • This describes a more provisional or conditional form of recognition, often referred to as De Facto Recognition, which can be revoked if certain conditions change.
  • De Jure Recognition, in contrast, is not typically subject to withdrawal based on changing circumstances.
• Provisional recognition of a new state:
  • Provisional recognition, or De Facto Recognition, is a temporary acknowledgment of a state's existence, often pending further developments or fulfillment of additional conditions.
  • This type of recognition is less formal and does not carry the same legal weight as De Jure Recognition.

The correct answer is 'Withdrawal from treaties due to a fundamental change in circumstances'

Key Points

• Rebus Sic Stantibus:
  • "Rebus Sic Stantibus" is a principle in international law that allows for the termination or modification of treaties if there has been a fundamental change in the circumstances that existed at the time of the treaty's conclusion.
  • This principle ensures that treaties remain fair and relevant, considering that significant changes in circumstances can make the obligations under a treaty unduly burdensome or unreasonable.
  • It acts as a safeguard for states, allowing them to adapt to new realities that were not foreseen when the treaty was initially agreed upon.

Additional Information

• Permanent amendment of treaties:
  • This option suggests that "Rebus Sic Stantibus" allows for permanent changes to treaties, which is not accurate. The principle is more about termination or modification due to fundamental changes rather than permanent amendments.
• Immediate termination of treaties without conditions:
  • Immediate termination without conditions implies a very abrupt and unconditional end to treaties, which "Rebus Sic Stantibus" does not advocate. The principle requires a significant change in circumstances and often involves a process of legal justification.
• Treaty binding without any conditions:
  • This option is incorrect as it suggests treaties remain binding under all conditions. "Rebus Sic Stantibus" specifically addresses situations where changes in circumstances justify the termination or modification of treaties.

The correct answer is 'Domestic laws of individual states'

Key Points

• Article 38(1) of the ICJ Statute:
  • Article 38(1) of the International Court of Justice (ICJ) Statute outlines the sources of international law that the ICJ shall apply in its deliberations and rulings.
  • The sources listed include international conventions (treaties), international custom (customary international law), general principles of law recognized by civilized nations, judicial decisions, and teachings of highly qualified publicists.
  • Domestic laws of individual states are not included as a source of international law under this article.

Additional Information

• International conventions (treaties):
  • Treaties are formal agreements between states that are legally binding. They are a primary source of international law and can cover a wide range of subjects.
  • Examples include the United Nations Charter, the Geneva Conventions, and numerous bilateral and multilateral treaties.
• Customary international law:
  • Customary international law arises from the consistent and general practice of states followed by them out of a sense of legal obligation.
  • It is considered binding on all states, even if they have not explicitly consented to it, provided it is sufficiently widespread and consistent.
• General principles of law accepted by civilized nations:
  • These are fundamental principles of law that are recognized by a majority of national legal systems.
  • They serve as a supplementary source of international law when treaties and customary law do not provide a solution.

"Pacta Sunt Servanda"

Key Points

• The principle that treaties must be performed in good faith:
  • "Pacta Sunt Servanda" is a fundamental concept in international law, which means "agreements must be kept".
  • This principle obliges states to honor their treaty commitments in good faith, ensuring the stability and predictability of international relations.
  • The concept underscores the importance of legal obligations and trust between states, forming the basis for international cooperation and diplomacy.
  • It is enshrined in the Vienna Convention on the Law of Treaties (1969), which codifies this principle as a cornerstone of treaty law.

Additional Information

• The principle that treaties can be ignored by states:
  • This is incorrect as international law requires states to adhere to their treaty obligations, and ignoring them can lead to legal consequences and damage international relations.
• The principle that only bilateral treaties are binding:
  • This is incorrect because both bilateral and multilateral treaties are binding upon the parties that sign them, under the principle of "Pacta Sunt Servanda".
• The principle that treaties can be altered by state consent:
  • While treaties can be amended or modified by mutual consent of the parties involved, this does not negate the principle that they must be performed in good faith unless and until such changes are agreed upon.

The Correct Answer is Clause (f)

Key Points

• The RTI Act, 2005 is a significant legislation in India that came into effect on 12 October 2005.
• It gives citizens the right to access the records of central government and state public authorities. This aids in promoting transparency and accountability in these organizations.
• However, certain limitations have been imposed on the right to information under Section 8 of the Act. This section deals with the exemptions from disclosure of information.
• Specifically, Clause (f) of sub-section 1 of Section 8 states that: "Information received in confidence from foreign Government" cannot be disclosed.
• There are no clear guidelines on what could be constituted as 'information received in confidence from foreign government' in the Act, but this generally applies to any sensitive information that if disclosed, could tarnish the relationship between India and the foreign government in question.
• So, it can be noted that the provision for non-disclosure of confidential information received from a foreign government is a crucial safeguard for the protection of India's interests at the international level.

The correct answer is '1907'

Key Points

• Tobar Doctrine:
  • The Tobar Doctrine was propounded in the year 1907.
  • Named after Ecuadorian Foreign Minister Carlos Tobar, it was aimed at discouraging the recognition of governments established through unconstitutional means.
  • The doctrine specifically proposed that Latin American countries should not recognize any government that came to power through a coup or revolution.

Additional Information

• Other Options:
  • 1901: No significant doctrine related to the recognition of governments was propounded in this year.
  • 1919: This year is significant for the end of World War I and the Treaty of Versailles but is unrelated to the Tobar Doctrine.
  • 1942: This year is during World War II and is unrelated to the Tobar Doctrine. It is more noted for events like the Battle of Midway.

Martens Clause acts as a foundational safety mechanism within International Humanitarian Law (IHL), ensuring protection and humane treatment in situations not explicitly covered by existing treaties or in cases where there is an absence of specific legal regulations.

Key Points

Originating from the Preamble of the 1899 Hague Convention II and further embedded in numerous international treaties, this clause fills gaps in international law, acting as a moral compass that guides behavior during armed conflicts.

The clause stipulates that in cases not included in regulatory provisions, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity, and from the dictates of public conscience.

By invoking the Martens Clause, International Humanitarian Law establishes a "safety net" that assures individuals are not left without protection simply because a specific situation is not addressed by existing legal agreements. It underlines the importance of humane treatment across all circumstances, reinforcing the notion that ethical and moral considerations transcend documented laws.

This clause serves as a critical reminder that the laws of warfare are not only defined by treaties and conventions but are also deeply rooted in the broader, unwavering principles of humanity and morality, ensuring that even in the absence of explicit legal guidance, there remains an immutable foundation of human rights and dignity.

The Martens Clause is a testament to the evolving nature of International Humanitarian Law, providing flexibility and adaptability to meet new challenges and circumstances in warfare, ensuring that the spirit of humanitarian principles is preserved regardless of advancements in warfare technology or tactics.

Significantly, the Martens Clause emphasizes the global consensus on the necessity of an ethical baseline in conflict, bridging the gaps in IHL coverage by affirming that all parties in a conflict are accountable to a common set of humanitarian standards, thus providing a universal "safety net" for protection.

Hint

Henry Maine:
Henry Maine is credited with the statement that "The grand function of the Law of Nature was discharged in giving birth to modern International Law."
Maine was a British jurist and legal historian who significantly contributed to the study of early societies and their laws, which he believed evolved from status to contract. His insights into how legal systems develop over time and the role of the law of nature in this process underscore his understanding of the foundations of modern international law.

The correct answer is 'Municipal Law'

Key Points

• Municipal Law:
  • Municipal law refers to the domestic laws of a sovereign state that govern the internal affairs within its territory.
  • Determination of nationality is primarily a domestic matter, as each state has the authority to define who its nationals are through its own laws and regulations.
  • This involves statutes, legal processes, and administrative procedures specific to the country in question.

Additional Information

• International Law:
  • International law governs the relationships between sovereign states and other international actors. While it provides a framework for nationality issues, it does not determine nationality directly.
  • Examples include treaties and conventions on statelessness and dual nationality.
• Customary Law:
  • Customary law consists of practices and norms that have developed over time and are considered legally binding, often within specific cultural or community contexts.
  • It does not play a primary role in the formal determination of nationality by states.
• Natural Law:
  • Natural law refers to a body of unchanging moral principles regarded as a basis for all human conduct.
  • It is more philosophical and ethical in nature and does not directly influence the legal determination of nationality.

Key Points

War is beyond the scope of International law:

• This statement reflects Dr. Radha Binod Pal's perspective that the existing international legal framework, at the time of the Tokyo Trials, did not extend its jurisdiction to the declaration and conduct of war between sovereign nations.
• He argued that the legal instruments and conventions then in place were not equipped to adjudicate the act of war itself as a crime.

Conduct of war is within the scope of the rules of International law:

• Despite his views on the war's legality, Dr. Pal acknowledged that the manner in which wars are conducted falls under international law's purview.
• This refers to the widespread agreement and acknowledgment that rules like those outlined in the Hague and Geneva Conventions set limits and standards for how hostilities should be carried out, particularly in terms of treatment of civilians and prisoners of war.

The Pact of Paris brought about no change in the status of war:

• The Pact of Paris, also known as the Kellogg-Briand Pact of 1928, aimed to renounce war as an instrument of national policy.
• However, Dr. Pal expressed skepticism about its practical impact, suggesting that it did not materially alter the legal or moral status of war.
• He viewed the pact as ineffective in preventing future conflicts or holding aggressive nations accountable under international law, as evidenced by World War II's outbreak and the conduct of Axis powers.

In summary, Dr. Radha Binod Pal's dissent in the Tokyo Trial was complex and nuanced, criticizing the retroactive application of post-war legal standards to judge the conduct of the Axis powers while also pointing out the limitations of international law at the time in governing the state of war and the conduct of nations. His viewpoints underline the challenges and debates around the evolution of international law concerning war and wartime conduct.

The correct answer is Option 3.

Key Points

• Article 18 governs voting in the Assembly, stating that each member has only one vote, despite significant differences in population and resources between states, and that decisions on 'important questions', such as the admission of new members and recommendations relating to international peace and security, must be made by a two-thirds majority of members present and voting.

The correct answer is 4.

Key PointsStatements about International Court of Justice (ICJ)

• A. The judgement is final and without appeal
  • This statement is correct. The judgments given by the ICJ are final and without appeal. There is no provision for appeal against the judgment of the ICJ. Hence statement A is correct.
• B. No application for revision may be made at all
  • This statement is incorrect. According to the ICJ Statute, an application for the revision of a judgment can be made, but it must be done within ten years of the judgment and only if new facts have been discovered. Hence statement B is incorrect.
• C. The Court shall deliver its advisory opinion in open court
  • This statement is correct. The ICJ delivers its advisory opinions in open court, which ensures transparency and public accessibility. Hence statement C is correct.
• D. The members of ICJ are elected for 10 years
  • This statement is incorrect. The members of the ICJ are elected for a term of nine years, not ten years. Hence statement D is incorrect.

Additional Information

• The ICJ, also known as the World Court, is the primary judicial branch of the United Nations (UN).
• It settles disputes between states and gives advisory opinions on international legal issues referred to it by the UN.

The correct answer is 'Inquiry'

Key Points

• Inquiry:
  • An inquiry is a non-coercive method of resolving disputes, often involving an investigation to ascertain the facts of the matter.
  • It aims to provide a neutral and unbiased examination of the issues at hand, rather than imposing any penalties or restrictions.
  • This method is typically used to facilitate understanding and negotiation between the parties involved.
• Retortion:
  • Retortion involves retaliatory actions that are lawful and proportionate, taken by a state in response to unfriendly or harmful actions by another state.
  • It is a coercive measure as it aims to compel the offending state to cease its detrimental actions.
• Reprisal:
  • Reprisal refers to acts that would normally be illegal but are justified as responses to illegal acts committed by another state.
  • This coercive measure is used to pressure the offending state into compliance with international laws or agreements.
• Embargo:
  • An embargo is a coercive measure involving the restriction of trade or the exchange of goods with a particular country.
  • It is used to exert economic pressure on the target country to change its policies or actions.

Additional Information

• Other Non-Coercive Methods:
  • Mediation: Involves a neutral third party who assists the disputing parties in reaching a mutually acceptable solution.
  • Negotiation: Direct discussions between the parties to resolve the dispute without any external intervention.
  • Conciliation: A process where a conciliator meets with the parties separately to settle their differences.
• Importance of Non-Coercive Methods:
  • They promote peaceful resolution and mutual understanding without escalating conflicts.
  • These methods are often more sustainable and satisfactory for all parties involved.

The correct answer is Option 2.

Key Points

Sequence as Given in Article 38 of the Statute to the International Court of Justice

• Article 38 of the Statute of the International Court of Justice (ICJ) outlines the sources of international law that the Court shall apply in its deliberations and decisions.

• Article 38 of the ICJ Statute:

  • This Article lists the primary and secondary sources of international law that the ICJ uses to settle disputes submitted to it. The sources are listed in a specific sequence reflecting their order of precedence.

• Correct Sequence:

  • B. International Conventions: These are treaties and agreements between states that are explicitly recognized by the contesting states.
  • A. International Custom: These are practices and customs that have gained acceptance as legal obligations.
  • C. General Principles of Law: These are principles recognized by civilized nations and provide a foundation when neither conventions nor customs offer guidance.
  • D. Judicial Decisions: These include past judgments and opinions of international courts and tribunals, which serve as subsidiary means for determining rules of law.