Q1. Which statement best reflects the Calvo Doctrine in international law?
A. Foreign nationals can always seek diplomatic protection from their home State
B. Foreign investors must rely on local remedies and courts of the host State
C. States must protect foreign nationals above their own citizens
D. International tribunals have compulsory jurisdiction over investment disputes
B. Foreign investors must rely on local remedies and courts of the host State
C. States must protect foreign nationals above their own citizens
D. International tribunals have compulsory jurisdiction over investment disputes
Q2. A State grants nationality to a person with no genuine link to the State, solely to espouse an international claim on their behalf. This practice was restricted by which principle?
A. National treatment
B. Effective nationality
C. Diplomatic immunity
D. State responsibility
B. Effective nationality
C. Diplomatic immunity
D. State responsibility
Q3. Use of force by a State is permitted under international law only when:
A. It serves national interest
B. It is authorised by domestic law
C. It falls under recognised exceptions to the prohibition
D. It is supported by allies
B. It is authorised by domestic law
C. It falls under recognised exceptions to the prohibition
D. It is supported by allies
Q4. Recognition of a State primarily depends on:
A. Approval by the United Nations
B. Political convenience of other States
C. Fulfilment of objective criteria of statehood
D. Economic strength
B. Political convenience of other States
C. Fulfilment of objective criteria of statehood
D. Economic strength
Q5. Which of the following is central to the Tobar Doctrine?
A. Recognition should depend only on effective control
B. Recognition should be denied to governments formed through unconstitutional means
C. Recognition must follow popular referendum
D. Recognition should be automatic under international law
B. Recognition should be denied to governments formed through unconstitutional means
C. Recognition must follow popular referendum
D. Recognition should be automatic under international law
Q6. Which of the following best explains the Estrada Doctrine in international law?
A. States must recognise governments only after democratic elections
B. Recognition of governments should depend on effectiveness alone
C. States should avoid formal recognition or non-recognition of governments
D. Recognition should be withdrawn if a government violates human rights
B. Recognition of governments should depend on effectiveness alone
C. States should avoid formal recognition or non-recognition of governments
D. Recognition should be withdrawn if a government violates human rights
Q7. The Stimson Doctrine is based on which principle of international law?
A. Recognition of States based on effectiveness
B. Non-recognition of territorial acquisitions achieved by force
C. Right of self-determination
D. Collective security under the UN Charter
B. Non-recognition of territorial acquisitions achieved by force
C. Right of self-determination
D. Collective security under the UN Charter
Q8. Relationship between International Law and Municipal Law
Which statement correctly reflects the position under international law regarding conflict between international law and municipal law?
A. Municipal law prevails over international law
B. International law applies only if adopted by domestic courts
C. A State cannot invoke its internal law to justify breach of international law
D. International law is invalid without legislative approval
B. International law applies only if adopted by domestic courts
C. A State cannot invoke its internal law to justify breach of international law
D. International law is invalid without legislative approval
Q9. The Act of State Doctrine prevents courts from:
A. Reviewing actions of international organisations
B. Examining validity of sovereign acts of a foreign State within its own territory
C. Enforcing international treaties
D. Exercising jurisdiction over diplomats
B. Examining validity of sovereign acts of a foreign State within its own territory
C. Enforcing international treaties
D. Exercising jurisdiction over diplomats
Q10. According to the Specific Adoption Theory on the relationship between international law and municipal law, international law becomes enforceable within a State only when:
A. It is ratified by the United Nations
B. It is expressly adopted or incorporated by the State through legislation or judicial recognition
C. It is part of customary international law
D. It concerns human rights obligations
B. It is expressly adopted or incorporated by the State through legislation or judicial recognition
C. It is part of customary international law
D. It concerns human rights obligations
Q11. The principle of pacta sunt servanda in international law means that:
A. Treaties apply only after domestic legislation
B. Treaties are binding only on weaker States
C. Agreements must be honoured in good faith
D. Treaties can be ignored during political change
B. Treaties are binding only on weaker States
C. Agreements must be honoured in good faith
D. Treaties can be ignored during political change
Q12. A treaty provision conflicts with a peremptory norm (jus cogens) of international law. What is the legal consequence?
A. The treaty remains valid if States consent
B. The conflicting provision of the treaty is void
C. The entire treaty automatically terminates
D. The treaty is suspended until amendment
B. The conflicting provision of the treaty is void
C. The entire treaty automatically terminates
D. The treaty is suspended until amendment
Q13. Which of the following statements best reflects the relationship between international law and municipal law under international law?
A. Municipal law always prevails
B. International law is invalid without domestic adoption
C. A State cannot invoke its internal law to justify breach of international law
D. International law applies only if courts permit it
B. International law is invalid without domestic adoption
C. A State cannot invoke its internal law to justify breach of international law
D. International law applies only if courts permit it
Q14. Which of the following situations would most legitimately justify a State invoking the doctrine of rebus sic stantibus to terminate or withdraw from a treaty?
A change in government leading to different foreign policy priorities
B. An unforeseen and fundamental change of circumstances that radically alters the extent of obligations under the treaty
C. Economic inconvenience caused by treaty obligations
D. A subsequent treaty with another State offering more benefits
B. An unforeseen and fundamental change of circumstances that radically alters the extent of obligations under the treaty
C. Economic inconvenience caused by treaty obligations
D. A subsequent treaty with another State offering more benefits
Q15. Which of the following is not a recognised mode of acquiring territory under international law?
A. Accretion
B. Cession
C. Prescription
D. Annexation through use of force
B. Cession
C. Prescription
D. Annexation through use of force
Answers
1. B – Foreign investors must rely on local remedies and courts of the host State
Explanation: The Calvo Doctrine emphasises sovereign equality of States and rejects special protection for foreign nationals. It requires foreigners to seek redress through local legal remedies instead of diplomatic intervention.
2. B – Effective nationality
Explanation: International law requires a genuine link between the individual and the State claiming nationality. This prevents abuse of diplomatic protection through artificial nationality.
3. C – Recognised exceptions to prohibition
Explanation: The UN Charter prohibits use of force except in limited cases like self-defence or Security Council authorisation.
4. C – Fulfilment of objective criteria of statehood
Explanation: Recognition depends on factors like population, territory, government, and capacity to enter relations, not political approval alone.
5. B – Recognition should be denied to governments formed through unconstitutional means
Explanation: The Tobar Doctrine supports constitutional legitimacy by discouraging recognition of governments that come to power through coups or unconstitutional methods, especially in Latin America.
6. C – States should avoid formal recognition or non-recognition of governments
Explanation: The Estrada Doctrine discourages States from formally recognising or refusing to recognise governments, as such acts amount to interference in internal affairs. Instead, States simply maintain or withdraw diplomatic relations.
7. B – Non recognition of territorial acquisitions achieved by force
Explanation: The Stimson Doctrine holds that States should not recognise territorial changes brought about through aggression or use of force. It aims to uphold legality and discourage unlawful expansion.
8. C – A State cannot invoke its internal law to justify breach of international law
Explanation: International law does not permit a State to rely on its domestic law as an excuse for failing to fulfil international obligations. This principle ensures uniform compliance with international commitments.
9. B – Examining validity of sovereign acts of a foreign State within its own territory
Explanation: Under the Act of State Doctrine, domestic courts refrain from questioning the sovereign acts of a foreign State done within its own territory, respecting international comity and separation of powers.
10. B – It is expressly adopted or incorporated by the State
Explanation: The Specific Adoption Theory holds that international law does not automatically apply within a State. It becomes part of municipal law only when the State specifically adopts or incorporates it through legislation or judicial acceptance.
11. C – Agreements must be honoured in good faith
Explanation: Pacta sunt servanda is a foundational principle of international law requiring States to perform treaty obligations honestly and in good faith. It ensures stability and trust in international relations and treaty law.
12. B — The conflicting provision of the treaty is void
Explanation: Under international law, any treaty provision that conflicts with a jus cogens norm is void to the extent of the conflict. Peremptory norms override consent and protect fundamental values of the international community.
13. C — Internal law cannot justify breach
Under international law, a State cannot rely on its domestic law as a defence for failing to comply with international obligations.
14. B — An unforeseen and fundamental change of circumstances
Explanation: Rebus sic stantibus operates as a narrow exception to pacta sunt servanda. It applies only when an unforeseen, fundamental change of circumstances occurs that radically transforms treaty obligations. Political shifts or economic hardship alone are insufficient grounds.
15. D — Annexation through use of force
Explanation: Use of force to acquire territory is prohibited under international law. Only peaceful modes like cession or accretion are recognised.
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Adtiya Aryan
Contributing author
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