All Free Law and Constitution MCQs with Answers

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2,940 questions · page 11 of 147

  • A. A state may control and use its natural resources, subject to international obligations
  • B. A state may nationalise all foreign property without any legal duty
  • C. A state may deny all environmental duties concerning its natural resources
  • D. A state may transfer its resources only through a United Nations decision

Explanation: The principle recognises a state's authority over its natural resources while preserving duties arising from international law.

Correct answer: A state may control and use its natural resources, subject to international obligations
  • A. It modifies the legal effect of specified treaty provisions for that state
  • B. It prevents the state from becoming a party to the entire treaty
  • C. It automatically changes the treaty for every other participating state
  • D. It permits the state to disregard all duties created by the treaty

Explanation: A reservation seeks to exclude or modify the legal effect of particular provisions in their application to the reserving state.

Correct answer: It modifies the legal effect of specified treaty provisions for that state
  • A. A separate international legal personality within its assigned functions
  • B. Full sovereignty over territory belonging to its member states
  • C. The same general competence as every sovereign state
  • D. Automatic authority to amend the United Nations Charter

Explanation: A treaty-created organisation can possess international legal personality and exercise powers necessary for its functions.

Correct answer: A separate international legal personality within its assigned functions
  • A. A state raises an international claim for injury suffered by its national
  • B. A diplomat receives immunity from every law of the sending state
  • C. A state obtains ownership of property held by its national abroad
  • D. A consular officer replaces the courts of the receiving state

Explanation: Diplomatic protection allows a state to invoke the responsibility of another state for an internationally wrongful injury to its national.

Correct answer: A state raises an international claim for injury suffered by its national
  • A. Available and effective remedies in the responsible state should normally be pursued first
  • B. The injured person must obtain approval from the United Nations General Assembly
  • C. The claimant must first bring the dispute before an international criminal court
  • D. The responsible state must admit liability before domestic proceedings can begin

Explanation: The rule normally requires an injured person to use reasonably available and effective remedies in the respondent state before…

Correct answer: Available and effective remedies in the responsible state should normally be pursued first
  • A. A foreign ship may pass continuously and expeditiously without harming the coastal state
  • B. A foreign ship may conduct military exercises without restriction in the coastal sea
  • C. A foreign ship may collect natural resources freely during its passage
  • D. A foreign ship may enter the territorial sea only after obtaining judicial permission

Explanation: Innocent passage permits navigation through the territorial sea when the passage is not prejudicial to the peace, good order or security…

Correct answer: A foreign ship may pass continuously and expeditiously without harming the coastal state
  • A. The International Court of Justice
  • B. The International Criminal Court
  • C. The United Nations Secretariat
  • D. The International Law Commission

Explanation: The International Court of Justice gives advisory opinions on legal questions referred to it by authorised United Nations organs and…

Correct answer: The International Court of Justice
  • A. Other states must cooperate to end the breach and must not recognise its lawful situation
  • B. Other states may automatically use force against the responsible state
  • C. The responsible state immediately loses its membership of every international organisation
  • D. All treaties involving the responsible state end without further legal analysis

Explanation: Serious breaches of obligations arising under peremptory norms create duties for other states, including cooperation to bring the breach…

Correct answer: Other states must cooperate to end the breach and must not recognise its lawful situation
  • A. Existing administrative boundaries as the new international boundaries of states
  • B. The former colonial power's permanent control over the territory
  • C. The right of every ethnic group to create a separate state
  • D. The automatic merger of neighbouring newly independent territories

Explanation: Uti possidetis juris generally converts former administrative boundaries into international frontiers when a territory becomes…

Correct answer: Existing administrative boundaries as the new international boundaries of states
  • A. Which state's legal system governs a dispute containing a foreign element
  • B. Which state may become a member of the United Nations
  • C. Which government may appoint a diplomatic representative
  • D. Which international court must prosecute an alleged war crime

Explanation: A choice-of-law rule identifies the national legal system applicable to a cross-border dispute, such as an international contract or…

Correct answer: Which state's legal system governs a dispute containing a foreign element
  • A. The ordinary meaning of its terms in their context and object
  • B. The domestic meaning given by one party's national courts
  • C. The historical intention of the treaty's depositary alone
  • D. The political preference of the state applying the treaty

Explanation: Treaties are interpreted in good faith according to the ordinary meaning of their terms, their context, and the treaty's object and…

Correct answer: The ordinary meaning of its terms in their context and object
  • A. To induce the responsible state to comply with its obligations
  • B. To impose criminal punishment on foreign officials
  • C. To acquire the responsible state's territory permanently
  • D. To terminate every treaty between the two states

Explanation: A countermeasure is a limited response intended to induce the responsible state to fulfil its international obligations.

Correct answer: To induce the responsible state to comply with its obligations
  • A. An armed attack against the state
  • B. A diplomatic disagreement over a treaty
  • C. A change of government in another state
  • D. A serious economic dispute between states

Explanation: Article 51 preserves the inherent right of individual or collective self-defence if an armed attack occurs.

Correct answer: An armed attack against the state
  • A. It is generally recommendatory rather than binding
  • B. It automatically overrides every national constitution
  • C. It is always binding on all states as a Security Council order
  • D. It has no legal relevance in any circumstance

Explanation: Most General Assembly resolutions are recommendations and do not create binding obligations in the same way as Security Council decisions…

Correct answer: It is generally recommendatory rather than binding
  • A. It may require the sending state to recall the agent
  • B. It must prosecute the agent in its criminal courts
  • C. It must grant the agent permanent residence
  • D. It must transfer the agent to the International Court of Justice

Explanation: A receiving state may declare a diplomatic agent persona non grata without giving reasons, after which the sending state should recall the…

Correct answer: It may require the sending state to recall the agent
  • A. Freedom of navigation for all states
  • B. Exclusive ownership by the nearest coastal state
  • C. A right to establish permanent customs zones
  • D. Automatic jurisdiction of every coastal state

Explanation: The high seas are open to all states, including landlocked states, and no state may validly subject them to its sovereignty.

Correct answer: Freedom of navigation for all states
  • A. It gives the occupying power temporary authority without transferring sovereignty
  • B. It permanently transfers sovereignty to the occupying power
  • C. It automatically dissolves the occupied state's international personality
  • D. It makes the territory part of the occupying state's domestic province

Explanation: Occupation is a factual situation in which territory is placed under the effective authority of a hostile army.

Correct answer: It gives the occupying power temporary authority without transferring sovereignty
  • A. It is binding on the parties to that particular case
  • B. It automatically binds every state in the international community
  • C. It functions as a criminal conviction against responsible officials
  • D. It operates only as a political recommendation to the parties

Explanation: Under Article 59 of the ICJ Statute, a judgment binds the parties and only in respect of that particular case.

Correct answer: It is binding on the parties to that particular case
  • A. The disputing states attempt to reach agreement directly
  • B. A tribunal imposes a legally binding award on the states
  • C. A third state investigates and determines the responsible party
  • D. The Security Council automatically replaces the states' governments

Explanation: Negotiation involves direct discussions between the disputing parties, without a third party imposing a decision.

Correct answer: The disputing states attempt to reach agreement directly
  • A. A state may generally regulate its nationals subject to applicable international limits
  • B. A state can never regulate conduct outside its territory
  • C. Only the territorial state may ever exercise jurisdiction
  • D. Nationality has no connection with jurisdiction under international law

Explanation: The nationality principle can support a state's jurisdiction over its nationals even when conduct occurs abroad, subject to international…

Correct answer: A state may generally regulate its nationals subject to applicable international limits