International Law Recognition Quiz
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Questions and Answers

What is the significance of recognition in International Law?

  • It automatically grants military alliances.
  • It allows a state to maintain its sovereignty.
  • It signals acceptance into the international community. (correct)
  • It eliminates the need for a government.

Which of the following describes de jure recognition?

  • Recognition that is dependent on economic treaties.
  • Recognition based on actual control and governance.
  • Formal acknowledgment by other states regardless of control. (correct)
  • Temporary acknowledgment based on geopolitical stability.

Which statement best differentiates de facto from de jure recognition?

  • De jure recognition occurs following international treaties.
  • De facto is informal; de jure is formal. (correct)
  • De facto comes after de jure recognition.
  • De facto indicates complete control, while de jure does not.

Under what circumstance can de facto recognition turn into de jure recognition?

<p>When evidence of essential conditions for statehood is presented. (A)</p> Signup and view all the answers

Which of the following is NOT a condition for a community to be recognized as an international person?

<p>Economic prosperity. (D)</p> Signup and view all the answers

According to the content, what does recognition represent?

<p>Acknowledgment of essential elements of statehood. (A)</p> Signup and view all the answers

What happens to the disabilities of an unrecognized state?

<p>They often suffer limitations in international relations. (C)</p> Signup and view all the answers

Which jurist described recognition as the acknowledgment of international personality by the community?

<p>Fenwick (C)</p> Signup and view all the answers

What status are foreign embassies regarded as in the country where they are located?

<p>Part of their home States (A)</p> Signup and view all the answers

What aspect supports the acceptance of International Law as law by States?

<p>International Treaties and precedents are used for dispute resolution. (A)</p> Signup and view all the answers

What legal principle was established in the case of Schooner Exchange v/s McFaddon?

<p>Sovereign immunity exempts foreign vessels from local jurisdiction (B)</p> Signup and view all the answers

According to the Paqueta v/s Habanna case, how is International Law regarded?

<p>As part of national law to be administered by courts. (D)</p> Signup and view all the answers

Which of the following statements about foreign sovereigns is true?

<p>They possess certain privileges due to international law. (B)</p> Signup and view all the answers

What indicates that the United Nations is based on International Law?

<p>The decisions of the International Court of Justice are binding according to article 94 of the UNO charter. (D)</p> Signup and view all the answers

In the context of nationality, how does Starke define it?

<p>Status of membership to a collective represented by the State (C)</p> Signup and view all the answers

What was the outcome of the Vavasseur v/s Krupp case regarding the Japanese Government?

<p>The court had no jurisdiction over the foreign sovereign's public property. (C)</p> Signup and view all the answers

What is the main reason for the transition from customary rules of International Law?

<p>Law-making treaties and conventions are replacing them. (C)</p> Signup and view all the answers

When was the principle of foreign sovereign immunity developed?

<p>Early 19th century (A)</p> Signup and view all the answers

Which statement correctly reflects the relationship between the U.S. and U.K. with International Law?

<p>International Law is fully integrated into their domestic legal systems. (B)</p> Signup and view all the answers

What does the term jurisdiction refer to in international law context?

<p>The right to govern and enforce laws within a specific territory. (C)</p> Signup and view all the answers

Which of the following is NOT one of the grounds for accepting International Law as law?

<p>International Law contradicts state sovereignty. (D)</p> Signup and view all the answers

What is one significant difference between nationality and citizenship in India?

<p>Nationality is a broader concept than citizenship. (A)</p> Signup and view all the answers

What role does the International Court of Justice play in relation to International Law?

<p>It resolves disputes submitted to it according to International Law. (A)</p> Signup and view all the answers

What distinguishes a law-making treaty from a treaty contract?

<p>Law-making treaties establish general rules for all states. (A)</p> Signup and view all the answers

What do the statutes of the International Court of Justice fundamentally support?

<p>The binding nature of decisions made regarding disputes. (A)</p> Signup and view all the answers

Which of the following best describes the concept of 'jus cogens'?

<p>Mandatory norms from which no derogation is permitted. (A)</p> Signup and view all the answers

Which statement about International Customs is correct?

<p>They derive from state practice and are recognized as binding over time. (D)</p> Signup and view all the answers

What is the primary purpose of the doctrine of Pacta sunt servanda?

<p>To ensure treaties are respected and adhered to. (D)</p> Signup and view all the answers

What does the term 'contraband' refer to in international law?

<p>Goods deemed illegal or unauthorized for trade during conflict. (C)</p> Signup and view all the answers

Which of the following statements about the 'Drago Doctrine' is accurate?

<p>It prohibits the use of force for the collection of debts between states. (B)</p> Signup and view all the answers

What is a key feature of the Monroe Doctrine?

<p>It prohibits any additional colonization in the Americas by European powers. (D)</p> Signup and view all the answers

What defines the difference between retorsion and reprisal in international law?

<p>Retorsion refers to unfriendly but lawful acts, whereas reprisal involves unlawful actions. (C)</p> Signup and view all the answers

What is Bentham’s definition of international law?

<p>A collection of rules governing relations between states. (B)</p> Signup and view all the answers

Which of the following best describes a significant aspect of international law?

<p>It provides a common conceptual language to international actors. (D)</p> Signup and view all the answers

According to Oppenheim, why is international law considered law in the proper sense?

<p>States often interpret it to justify their actions. (B)</p> Signup and view all the answers

How does Starke view the existence of international law?

<p>It is similar to laws made by state legislatures. (A)</p> Signup and view all the answers

What principle does the U.N.O. encompass regarding international law?

<p>It is based on the legality of international law. (B)</p> Signup and view all the answers

What does the inviolability of the person mean for diplomatic envoys?

<p>They have extended personal safety and security. (A)</p> Signup and view all the answers

Under what circumstance can diplomatic envoys lose their immunity from criminal jurisdiction?

<p>When they indulge in conspiracy against the host state. (B)</p> Signup and view all the answers

According to Prof. Briely, what is a consequence of denying the existence of international law?

<p>It complicates practical international relations. (B)</p> Signup and view all the answers

What does international law mainly guide among its primary actors?

<p>Legal conduct and relationships between states. (A)</p> Signup and view all the answers

What is one of the exceptions to the immunity from civil jurisdiction for envoys?

<p>For any property owned within the jurisdiction of the host state. (B)</p> Signup and view all the answers

What is the status of an envoy's residence regarding immunity?

<p>The premises are inviolable and cannot be searched. (A)</p> Signup and view all the answers

Which of these statements is NOT true about international law?

<p>International law is strictly ethical and not legal. (A)</p> Signup and view all the answers

Can an envoy be compelled to give evidence in a court?

<p>No, they cannot be compelled but can waive this privilege. (C)</p> Signup and view all the answers

Which of the following services are envoys required to pay local taxes on?

<p>All types of local taxes. (D)</p> Signup and view all the answers

What right is granted to envoys regarding worship within their embassy?

<p>They can freely choose their mode of worship. (B)</p> Signup and view all the answers

What does the Vienna Convention specify about an envoy's communication?

<p>Envoys have freedom of communication for official purposes. (D)</p> Signup and view all the answers

Flashcards

Neutrality vs. Neutralization

Neutrality is a state's policy of not taking sides in a conflict, while neutralization is a special status preventing a state from being involved in wars.

Blockade

A blockade is the act of preventing ships from entering or leaving a port or area.

Ex aequo et bono

Determining a case based on fairness and good conscience, not existing rules.

Double Veto

A veto that halts a decision or action; the term does not apply to international law in a standardized manner.

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Jus Cogens

Fundamental principles of international law that cannot be overridden.

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Retorsion vs. Reprisal

Retorsion is a justified reaction to another state's unfriendly act, while reprisal is a violation of international law.

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International Conventions

Agreements between multiple states creating binding international law.

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International Customs

Long-standing practices accepted as customary law by states.

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International Law

A collection of rules governing relations between states; it provides guidelines, methods, mechanisms, and a common language for international actors.

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International Comity

Legally non-binding practices between states, done out of courtesy (e.g., saluting foreign warships).

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International Law as Law

International law is considered law because states follow it, not just morally but legally.

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Sanction in International Law

Enforcement mechanisms for international law, even without physical force by a central authority.

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UNO Charter and International Law

UNO/UN charter has sufficient provisions for international law compliance

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Oppenheim's view

International Law is law because it's considered law in practice, and states are bound by it legally.

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Violation of International Law

States may violate international law but interpret their own conduct as legal.

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International Law's acceptance

International Law is accepted as a code of conduct with a legal sanction and force.

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Recognition in International Law

The act by which a state formally acknowledges that another political entity meets the criteria to be considered a state in international law.

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Elements of Statehood

The essential conditions that an entity must fulfill to be recognized as a state, including a defined territory, a permanent population, a government, and the capacity to enter into international relations.

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De Facto Recognition

A form of recognition that acknowledges the effective control of a government over a territory, but might not fully recognize its legitimacy.

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De Jure Recognition

A form of recognition that fully recognizes the legitimacy and legal existence of a state and its government.

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Transition from De Facto to De Jure

The process by which a state initially recognized as de facto (in practice) becomes fully recognized as de jure (in law).

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Unrecognized State's Disabilities

The limitations and restrictions imposed on entities that lack full state recognition, often unable to fully participate in international law or engage in diplomatic relations.

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Significance of International Conventions

International agreements or treaties that create binding legal obligations for states, shaping the framework of international law.

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Respect for International Declarations

The obligation of signatory states to uphold the values and principles enshrined in international declarations, such as the Universal Declaration of Human Rights.

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International Court of Justice's role

The International Court of Justice resolves disputes based on international law, as mandated by its statutes.

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Treaty-based International Law

A significant part of international law comes from treaties and conventions, like the Geneva and Hague conventions, that establish specific rules and regulations among nations.

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Basis of International Law

Two main theories support international law as real law, highlighting its legal nature.

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National Incorporation of International Law

Some countries, like the United States, recognize and implement international law as part of their national legal framework.

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Case Studies Supporting Law

Legal precedents in crucial cases (e.g., Paqueta v/s Habanna, West Rand Central Gold Mining Company Ltd. v/s Kind) exemplify the legal nature and use of international law by national courts.

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Dispute Resolution in International Law

International disputes are frequently decided not on moral grounds but based on existing treaties, precedents established in legal cases, and the view of legal experts.

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Foreign Embassy Immunity

Foreign embassies are considered outside the jurisdiction of the host country. This means they are not subject to the host country's laws and regulations, but they enjoy certain immunities based on the special functions performed by diplomats.

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Sovereign Immunity

Foreign sovereigns (like kings or governments) are typically immune from the jurisdiction of other states. They possess various privileges and immunities based on their sovereign status.

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Schooner Exchange Case

This case established the principle of sovereign immunity in international law. A French warship was repaired in Philadelphia. Americans tried to claim the ship, but the court ruled it immune from US jurisdiction due to its sovereign status.

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Vavasseur v/s Krupp

This case upheld sovereign immunity, stating that courts have no jurisdiction over the property of foreign sovereigns, especially public property.

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Nationality: What is it?

Nationality refers to a person's legal status as a citizen of a particular state. It grants certain rights and obligations, such as voting in elections, holding public office, and protection under the law.

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Modes of Acquiring Nationality

Nationality can be acquired through various ways, including birth (jus soli/jus sanguinis), naturalization (being granted citizenship in a new country), and registration (formalizing citizenship for certain groups).

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Losing Nationality

Citizenship can be lost by renouncing it, being stripped of it, or taking on another citizenship with a rule of exclusive citizenship.

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Nationality vs. Citizenship in India

In India, there's no difference between nationality and citizenship. Both terms refer to the legal status of being a citizen of India, with its associated rights and obligations.

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Diplomatic Immunity

Special protections granted to diplomats to ensure their safety and secure their work, shielding them from the legal jurisdiction of the host country.

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Criminal Immunity of Envoys

Diplomats are usually exempt from criminal prosecution in the host country, as their actions are assumed to be in the best interests of their state.

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Civil Immunity of Envoys

Diplomats are generally immune from civil lawsuits in the host country, ensuring their work isn't interrupted by private disputes.

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Inviolability of Diplomatic Premises

Diplomatic residences and embassies are considered protected spaces, shielded from unauthorized entry or searches.

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Witness Immunity for Envoys

Diplomats can't be forcibly compelled to give evidence in court, but can choose to waive this protection.

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Tax Immunity for Envoys

Diplomats are generally exempt from local taxes, but some services like electricity or water may still be subject to fees.

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Freedom of Religious Practice for Diplomats

Diplomats can freely practice their religion within the embassy, ensuring their spiritual needs are met.

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Jurisdiction over Embassy Staff & Family

Diplomats have the authority to manage their embassy staff and families, ensuring smooth operation and internal discipline.

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Study Notes

Public International Law Study Notes (Karnataka State Law University)

  • This is an overview of Public International Law for a 3-year LLB program at Karnataka State Law University
  • The document contains questions and answers for a guess paper, likely for an exam.
  • Many topics are covered, including the nature and basis of international law, the difference between de facto and de jure recognition of states, the concept and application of diplomacy, treaties, and asylum.

Unit 1: Introduction to International Law

  • International Law: Details the nature and basis of International Law. Includes discussions on whether it's true law, its weaknesses, and its role in jurisprudence.

Unit 2: Recognition of States

  • Recognition of a State: Explains recognition of states, theories of recognition, legal effects of recognition, and consequences of non-recognition.
  • De Facto vs. De Jure Recognition: Differentiates between the two types of recognition.
  • Conditional Recognition: Discusses the concept of conditional recognition.
  • Intervention: Explores intervention by one state in the affairs of another.

Unit 3: Diplomatic Agents and Treaties

  • Diplomatic Agents: Details the categories of diplomatic agents, their immunities, and how those immunities are lost. This includes responsibilities and duties of diplomats and their protection.
  • Treaties: Defines treaties and explains ratification.
  • Extradition and Asylum: Explains the concepts of extradition, its conditions, crimes for which extradition cannot be claimed, asylum, and the differences between extra-territorial and territorial asylum.

Unit 4: Peaceful Settlement of Disputes, and Other Topics

  • Amicable and Forceful Means of Settlement of International Disputes: Covers various methods for resolving international disputes.
  • War and Neutrality: Explains the definition of war, its legal characteristics and effects, and the duties and rights of neutral states.
  • Legal Concepts (ex acquo et bono, jus cogens, retorsion, reprisals, blockade, contraband): Definitions and explanations of these key terms.
  • Monroe Doctrine. Hijacking

Unit 5: Subjects of International Law

  • Subjects of International Law: Explains the concept of subjects of international law, distinguishing between states and individuals.
  • Differentiates between the various theories of international law regarding the subjects of international law.

Unit 6: Sources of International Law

  • Sources of International Law: Explains the various sources of international law, including treaties, customary law, general principles of law, court decisions, and writings of scholars.

Unit 7: General Principles of International Law

  • General principles of international law: Explains the importance of these principles for international law.
  • Judicial and Arbitral Decisions and Legal Writings and International Institutions

Unit 8: International Law and Individual Persons

  • Individuals as Subjects of International Law: The role of individuals in international law, exploring the extent to which individuals may be subjects of International Law.

Unit 9: Recognition and Statehood

  • Recognition and Statehood: Discussing recognition, its various types, and important aspects of statehood and the requirements of gaining statehood.

Unit 10: Intervention by one state in the affairs of another state

  • Defining Intervention and its circumstances—exploring when intervention is permissible in international affairs as per international law.

Unit 11: Extradition vs Asylum

  • Explains the concept of extradition.
  • Differentiates between extradition and asylum, explaining the different types of asylum.

Unit 12: Diplomatic Agents

  • Lists and details the different classes of diplomatic agents
  • Outlines the privileges and immunities enjoyed by diplomatic agents.

Unit 13: Compulsive Means of Settlement of International Disputes

  • Covering retorsion, reprisal, embargo, and blockade as means to solve international disputes.

Unit 14: Purpose and Principles of United Nations

  • Discusses the purpose and principles of the United Nations.
  • Analysis of UNO's success in fulfilling its objectives.

Unit 15: Neutrality and Blockade

  • Defining Neutrality: Exploring the importance of neutrality in international relations, including the emergence of its rights and duties and its role in preventing conflicts.
  • Defining Blockade: Discussing blockade as a coercive measure and its legal aspects.

Unit 16: Rules of Land and Aerial Warfare

  • Discussing the rules of land warfare.
  • Explaining the rules of aerial warfare, with specific examples and historical context.

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Test your knowledge on the significance of recognition in international law with this quiz. Explore the concepts of de jure and de facto recognition, the conditions for state recognition, and legal principles established by landmark cases. Challenge yourself to understand how recognition affects international relations.

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