Test: International Laws & IPR - 1 - CLAT MCQ

The position of individuals in International Law has considerably changed since the establishment of the United Nations. The U.N. charter by using the words people of the United Nations in the Preamble has given a place of importance to individuals. Hence Option D is correct.

The provisions relating to Jus Cogens is one of the most controversial provisions incorporated in the Vienna Convention on the law of Treaties, 1969. Article 53 of the Vienna Convention provides that a treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general International Law. A peremptory norm of general International Law is a norm accepted and recognised by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general International Law having the same character. Hence option C is correct.

The provisions contained in Articles 19 to 23 of the Vienna convention are related to reservation. A treaty will operate between the state making the reservation and states accepting the reservation, but not between the state making the reservation and a state objecting thereto. The state making an objection may consider that the reserving state is not a party to the treaty. Hence Option is B correct.

The main difference between the de jure and de facto recognition lies in the fact the former’s legal and latter factual. De facto recognition means that the state recognition possesses the elements of statehood and is fit to be subject of International Law. De jure recognition is final and irrevocable. Hence Option A is correct.

In this case, the Court ruled that if under a treaty a State gets the right of passage through the territory of another state and if it continues for a long time, then it gains the force of law and thereby imposes the obligation upon the State affected to continue to give right of such passage. Hence Option is B correct.

Security General of the United Nations is appointed by General Assembly upon the recommendation of the Security Council. He is designated as “the Chief Administrative officer of the Organisation”. [Article 97] He is not only the Chief Administrative officer of the Secretariat but of the whole organisation. Hence Option A is correct.

In Chorzow Factory [Indemnity case] Pub. P.C.I.J (1938) Series A, No. 17]—In this case, the permanent court of International Justice applied the principle of `res judicata’ also held that one who violates a rule is liable to make reparation. Hence Option C is correct.

According to this theory law is the united field of knowledge, no matter whether it applies to individuals, States or other entities. Thus, “International Law and State Law are intimately connected with each other. They are two branches of unified knowledge of the law. Hence Option is B correct.

It is one of the principles of treaties that the consent of, state bound by a treaty should be free. Thus. a state has the right to decide whether or not to become a part multilateral treaty. Hence Option is D correct.

The succession of Government is based on the principle of continuity of states. The change in the Government succeeds to the rights and obligations of the predecease Government. This principle is based on the common, interests of the international community. Hence Option is B correct.