Law - 06 Jurisdiction - MCQs

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Questions and Answers

What is one defining aspect of sovereignty according to the text?

  • Exclusive right of each state to govern its internal affairs (correct)
  • Unrestricted exercise of power in any form in the territory of another state
  • The ability to exert power over any territory
  • The obligation to respect the laws of other states

In the Lotus case, what restriction did the Permanent Court of International Justice emphasize?

  • The limitation on a state's exercise of power in the territory of another state (correct)
  • The necessity for states to exercise power in the territory of another state
  • The requirement for states to intervene in international disputes
  • The prohibition of a state to govern its internal affairs

How does state legal jurisdiction usually align with state boundaries according to the text?

  • It aligns only with international boundaries
  • It usually extends beyond state boundaries (correct)
  • It always aligns perfectly with state boundaries
  • It rarely extends beyond state boundaries

What does international law seek to balance regarding state jurisdiction?

<p>The interests of states not to be subjected to violation (C)</p> Signup and view all the answers

How does the concept of jurisdiction impact the relationship between states?

<p>It acknowledges the sovereignty and boundaries of each state (B)</p> Signup and view all the answers

Why do recognized principles of jurisdiction exist in international law?

<p>To balance a state's right to exert influence with respecting other states' interests (C)</p> Signup and view all the answers

Under the subjective territorial approach, how does a state assert jurisdiction over offences?

<p>By having the offence commenced within its territory (A)</p> Signup and view all the answers

Which principle allows a state to extend its laws to its own nationals regardless of their location?

<p>Nationality principle (D)</p> Signup and view all the answers

Why did the Harvard Research in International Law exclude the passive personality principle from its 1935 Draft Convention on Jurisdiction with Respect to Crime?

<p>It was considered controversial and unproductive (D)</p> Signup and view all the answers

What makes it difficult for potential offenders to anticipate which state's laws they may be subjected to under the passive personality principle?

<p>The victim's nationality being the determining factor (D)</p> Signup and view all the answers

Which principle asserts that a state can legislate on any matter it desires within its own territory?

<p>Territorial principle (D)</p> Signup and view all the answers

What does the territorial principle in international law emphasize regarding a state's jurisdiction?

<p>Jurisdiction over acts committed on its territory (B)</p> Signup and view all the answers

'Active personality' refers to which principle of jurisdiction?

<p>'Nationality' principle (C)</p> Signup and view all the answers

'Objective territorial' and 'subjective territorial' approaches are used in international law to address:

<p>Cross-border criminal activities (C)</p> Signup and view all the answers

What principle of jurisdiction allows a state to extend its jurisdiction over any matter that has a harmful effect on it?

<p>Protective principle (A)</p> Signup and view all the answers

Which principle of jurisdiction was established to combat drug smuggling and international terrorism?

<p>Protective principle (B)</p> Signup and view all the answers

What type of offences are most serious under international law and thus considered crimes under universal jurisdiction?

<p>Genocide, crimes against humanity, serious war crimes, and torture (A)</p> Signup and view all the answers

Which principle of jurisdiction is based on the lack of a direct link between the state and the offence?

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

In what context did the District Court of Jerusalem justify prosecuting Eichmann under Israeli law?

<p>Genocide (B)</p> Signup and view all the answers

Which principle may give rise to considerable international friction when more than one state is entitled to claim jurisdiction in a given case?

<p>Concurrent jurisdiction principle (A)</p> Signup and view all the answers

'Either extradite or prosecute' is the philosophy behind which principle of resolving jurisdictional disputes?

<p>'Aut dedere aut judicare' principle (C)</p> Signup and view all the answers

'Double criminality' requires that the offence involved must be a criminal offense in both states concerned to facilitate what process?

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

Which articles contain the obligation to refrain from extraditing an individual if there is a risk of inhumane treatment?

<p>Article 3 of the ECHR, Article 7 of the UN Covenant on Civil and Political Rights, and Article 3 of the UN Convention against Torture (C)</p> Signup and view all the answers

In the Eichmann case, under what circumstances did the District Court of Jerusalem state that a state must abstain from prosecution?

<p>If the defendant is tried for an offense different from that for which he or she was extradited (D)</p> Signup and view all the answers

What did the German Federal Constitutional Court conclude in the Stocke case regarding the refusal of jurisdiction by national courts?

<p>Courts should generally refuse jurisdiction if a state protests about the abduction of an individual (D)</p> Signup and view all the answers

What concept did the German Federal Constitutional Court introduce in Iran in 1963 regarding state immunity?

<p>Distinction between acts of a sovereign nature and non-sovereign character (B)</p> Signup and view all the answers

Which principle of state immunity has evolved from absolute immunity to restrictive immunity?

<p>'Jure gestionis' principle (A)</p> Signup and view all the answers

Who is covered by sovereign immunity according to the text?

<p>'State' includes various organs of government and those performing acts in the exercise of sovereign authority (C)</p> Signup and view all the answers

Which conventions regulate state immunity according to the text?

<p>European Convention on State Immunity 1972 and UN Convention on Jurisdictional Immunities of States and Their Property (B)</p> Signup and view all the answers

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