آخرين بروزرساني :۲۶ اسفند ۹۴ ساعت ۰۸:۲۴
۹۴ پنج شنبه ۰۶ فروردین
Part A: Reading Comprehension
Read the following passages and choose the best choice.
How a state organizes itself for its internal affairs is a matter of little direct concern to international law. The constitution of each state will lay down the division of powers and functions between such of its organs as it may deem useful and necessary. Since the constitutions of states differ, the organs used for the conduct of their internal affairs will also differ from state to state.
However, the public authorities of two different states cannot operate under the law of one of them, so that a necessary corollary of the grant of permission to perform any public function of the sending state in the territory of the receiving state is the allocation to the former of as extensive an immunity from the law of the latter as may be necessary to permit the function to be performed.
- According to the passage, organizing the internal affairs …………
- a) never concern to international law b) only concern to public law
- c) little direct relates to international law d) None of them
- Different states use different organs for the conduct of their internal affairs because …………
- a) they have different constitutions b) they have different customs
- c) they have different backgrounds d) All of the above
- Granting of immunity to the agents of other states is ………
- a) for the purpose of allowing them to perform their duties.
- b) for the sake of mutual respect
- c) meant to improve the relations between the two states.
- d) determined by both municipal law and international law.
Whether an international instrument is a treaty can be discovered only from its contents (and written form) and not from its name.
In negotiating, adopting, authenticating, signing, ratifying or acceding to treaties, states are obliged to act through their representatives.
Distinct from the question of “conclusion” of the treaty is that of the relationship between the treaty and a state. The first stage in such a relationship once the treaty has been concluded is the act by which the state expresses its consent to be bound by the treaty. A state may express such consent either before or after the treaty entered into force. If it does so before, it is called a “contracting state”; if after, a “party” to the treaty. A “third state” means a state not a party to the treaty.
- According to the first sentence of the passage:
- a) A treaty can be distinguished from its name
- b) the contents of an international instrument is not important.
- c) The name of an international instrument is not important.
- d) A treaty may be written or unwritten.
- The word “accede” in line refers to ……….
- a) accelerate b) agree
- c) approve d) adapt
- If a state consents to treaty after it, it is called …………
- a) contracting state b) representative
- c) party of treaty d) third party
State responsibility in international law refers to liability – that of one state to another for the non-observance of the obligations imposed by the international legal systems. A state may incur liability for injury to the defendant state itself. This may be, for example, for breach of a treaty obligation, or for injury to the defendant state’s nationals or their property.
A state cannot relieve itself of responsibility by invoking either provisions or omissions of its domestic legislation. In a federal state, such as Canada or the United States, the federal government is responsible on the international plane and will incur international liability for any actions or omissions of its member states which result in international injury.
Recognized defence pleas which may be utilized by a state to deny responsibility are consent, reprisal, force majeure, distress, necessity and self-defence.
- In case of federal states ………….
- a) The federal government is responsible for the actions of all its member states.
- b) every member state is responsible for the actions of the other member states.
- c) every member state is responsible for its own actions.
- d) member states are responsible for the actions of the central government.
- Which is not a defence to deny state responsbility?
- a) Duress b) Necessity
- c) force majeure d) self defence
- According to the above passage:
- a) every state may be liable for injury to the defendant state itself.
- b) every state can deny the international liability.
- c) A state may be liable for observing a treaty
- d) None of them
In international law it is an essential aspect of sovereignty that all states should have supreme control over their internal affairs, Subject to the recognized limitation imposed by Particular , the international law of Human Rights and rules forbidding the use of force. How ever , no state or international organization may intervene in matters that fall within the domestic jurisdication of another state.
- According to the passage, Supreme control over internal affairs by state is ………..
- a) Jurisdication b) Sovereignty
- c) sovereign right d) limitation
- The limitation to the sovereignty are ………..
- a) The rules of Human Rights b) The rules forbidding the use of force
- c) The internal affairs d) a and b
Part B: Tests
- The Coastal state has an exclusive right to fish. And to exploit the resources of the seabed and subsoil of the territorial sea. It means that:
- a) all state like the coastal state can fish in territorial sea.
- b) no state, except coastal state, is permitted to fish in territorial sea.
- c) There is relation between territorial sea and fishing there.
- d) All of them
- The consent of a state to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, Approval accession, or by any other means if so agreed.
- a) If a state ratifies a treaty, treaty will be binding on it.
- b) If a state ratifies a treaty, treaty will not be binding on it.
- c) The treaty will be binding on states whether it is ratified or not
- d) The ratification is not enough for making treaty as binding
- The law setting out the frame work and the principle function of the organs of government within the state, and which declares the principles by which those organs must operate is called:
- a) civil law b) constitutional law
- c) administrative law d) Private international law
- Separation of power means that different branches of state are ………
- a) interdependent b) independent
- c) dependent d) interlocked
- parliament can remove the government by a vote of …….
- a) Confidence b) qualification
- c) approval d) censure
- What does the latin term ((rebus sic stantibus)) refer to in the context of treaties?
- a) observance of treaty rules b) effects of treaties on third
- c) fundamental change of circumstances d) Application of treaties
- only ….. can appear before the international court of justice in contentions case
- a) international organizations b) State and international organization
- c) States d) none of them
- Which branch of law is concerned with the work of official agencies in providing services and in regulating the activities of citizens?
- a) civil law
- b) constitutional law
- c) criminal law
- d) administrative law
- The proper law of an international contract is …………
- a) The law of the country in which the contract is negotiated.
- b) The system of law applied by the court, to settle the case before it.
- c) The system of law chosen by the parties.
- d) None of them
۲۱٫According to the vienna convertion a reservation has been deFined as a/an ………….
a)bilateral statement b)unilateral statement c)Multilateral statement d)bilateral treaty
- A state may express its consent to be bound by a treaty ……….
a)bye signature b)by signature , by ratification or by accession c)by ratification d)non of them
- ” modus Vivendi ” means ……
a)agreement b)temporary conciliation c)negotiation d)mediation
- The Sources of constiutional law comPrise:
a)The constitution and its amendment b)The constitution and acts of Parliament
c)judicial decisious in terPreting the constitution d)all of them
- The term ” Custom ” in international law means …….
a)usage b)a Practice which by long established usages has come to have Force of law.
c)habit d)none of them
- ” Sovereignty ” reFers to ………
a)The President b)The ministers c)authority d)SuPreme authority in a state
- Which is a subsidiary source of Inernational law?
a)Custom b)Treaty c)ex aeque etbono d)judicial decision
- Which is not a diplomatic Procedure For PeaceFul settlement of International dispute?
a)negotiation b)mediation c)arbitration d)conciliation
- ” Prive Internation law ” is a branch of …….
a)cilvil law b)internal law c)international law d)all of them
- ” Recognition ” is a Political act …..
a)without legal consequence b)whit Political consequence c)with legal consequence d)none of them
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