international law final exam: past exam/ quiz MC and TF questions
A group of individuals concerned about the major impact that rising sea-levels are having on poor island nations around the world believes urgent action is required on climate change and wants to see new binding international rules requiring countries whose Gross Domestic Product (GDP) is above a certain threshold to spend at least 3% of their GDP on efforts to combat the problem. Which of the following could be an effective way to try to achieve this goal? A. They could request that a state sympathetic to their views invite other states to adiplomatic conference to pursue the negotiation of a treaty to this effect. B. They could formally charter themselves as an international organization and engage intreaty negotiations directly with states. C. They could lobby the United Nations General Assembly to pass a binding resolutionmandating states to comply with this rule. D. They could lobby the United Nations Security Council to declare that rising sea levelspose a threat to international welfare and mandate necessary state action under Chapter VI of theUN Charter.
A
After five years of relative quiet, the threat of Somali piracy is reemerging in mid-2017. A U.S. owned, but Liberian flagged vessel, with an American captain, is captured by pirates in August of that year. The captain is beaten by the pirates and forced to hand over both his personnel funds and the cash carried by the vessel to cover its operating expenses. If the pirates are subsequently captured by a Dutch naval vessel and turned over to the United States, they can be tried in a U.S. court: A. exercising universal jurisdiction over the crime of piracy B. exercising nationality jurisdiction because the captain was a U.S. citizen C. exercising territorial jurisdiction since the trial will take place in a U.S. courtroom D. there is no basis for extraterritorial jurisdiction and the United States cannot try them
A
After the Crimean War ended in 1856, leading European nations met in Paris and agreed to a"declaration" (legally a treaty) outlawing the use of privateers - the historical state practice of providingauthority to private shipowners to arm their vessels during wartime and capture enemy merchant shipsfor profit. Only seven nations participated in the negotiations, but within a few years a majority of the independent states around the world had formally agreed to be bound by it. Moreover, states agreed to a convention providing procedures for converting merchant ships into actual naval warships at the 1907 Hague Peace Conference, largely obviating the underlying incentive for privateering. Although no nation has ratified the Paris Declaration since 1908, none ever asserted the right to authorize privateering in the 20th century either; those that mentioned the subject in any official government publications said it was prohibited. It is thus most likely today that the 1856 Paris Declaration: A. Has become declaratory of customary international law and its rules thus bind all states B. Remains binding only as treaty law for those states which signed it C. Remains binding only as treaty law for those states which ratified it D. Has no legal relevance today since states have unilaterally given up privateering
A
As a specialized agency of the United Nations, the WHO is covered by the 1947 UN Convention on the Privileges and Immunities of the Specialized Agencies (which ironically predates the Vienna Convention on Diplomatic Relations by more than a decade). This widely-ratified treaty grants UN agency facilities, personnel, and representatives from member states attending their meetings immunities generally similar to those accorded diplomats. The WHO Director-General receives the same personal immunities enjoyed by an actual diplomatic officer. Suppose Director-General Tedros Adhanom was personally participating in COVID-19 research in a WHO laboratory that went seriously wrong and a volunteer research subject was killed. The government of the state where the lab was located determines that under its criminal law, Adhanom's conduct is prosecutable as a negligent homicide. Thestate would: A. Never be able to try him unless the UN waived his immunity B. Be able to prosecute him now since it is a serious crime, but could not detain him pre-trial C. Be able to arrest and prosecute him only after his term of office at the WHO ends D. Be able to fully subject him to their criminal law now since diplomatic immunity only extends to civil matters
A
Assume that COVID-19 was a naturally occurring virus that had been identified in bats by a Chinesegovernment-funded lab at a university in Wuhan which was conducting research in how to prevent thespread of diseases harmful to humans from animal populations. An unintentional series of carelesserrors by junior technicians handling the bats accidentally resulted in the first transmissions to humans.The lab techs, who were unaware that they had been infected, unwittingly spread the virus to some oftheir families and friends, launching what eventually became a global pandemic Based on the facts in question 25 (above), suppose that further investigation reveals that the Toutounchian's were deliberately infected while the ship was in port in Yokohama, Japan by a Russian passenger who knew he was infected by the Coronavirus in retaliation for what he perceived to be some intentional slight on their part. (Ok, I did make this part up!) Which of the following would not be alegitimate exercise of criminal jurisdiction over the offending passenger under international law? A. Prosecution by the United States under the nationality principle B. Prosecution by Japan under the territoriality principle C. Prosecution by Panama under the territoriality principle D. Prosecution by Russia under the nationality principle
A
Does a state have a legal obligation to protect its nationals who are victims of unlawful mistreatmentat the hands of a foreign state? A. No B. Yes C. Yes, unless they are dual-nationals of the state that has mistreated them D. Only if they are citizens, but not if they are a lower status of national
A
In 1960, territory on the horn of Africa that had previously been under Italian and British colonial rule was united to form a new independent state, the Somali Republic, which quickly gained widespread international recognition and UN membership. After initial rule by a democratic civilian government, a 1969 coup resulted in two decades of military dictatorship; which was brought to an end by a civil war which began raging throughout the country in 1991. The resulting internal chaos resulted in world leaders characterizing Somalia as a "failed state." Political scientists typically ranked it well ahead even of problem states like North Korea and Taliban-controlled Afghanistan on lists of the world's most trouble plagued locales. Although life in Somalia remains far from ideal in many respects, the overall situation has significantly improved in the last few years; much of the country is now under the authority of a new Federal Government which has received diplomatic recognition from most leading states in the region and world. Which of the following statements would be most accurate with respect to the legal status of treaties ratified by the civilian government of Somalia between 1960 and 1969. A. All those treaties should remain fully in effect. B. The military coup terminated prior treaty commitments and the new Federal Government has to re-ratify any of those treaties it wishes to bind the country. C. The military coup did not alter treaty relationships but Somalia's time as a "failed state"served to terminate all prior treaty commitments and the new Federal Government has to re-ratify any of those treaties it wishes to bind the country. D. As a result of Somalia's prior status as a failed state, the new Federal Government gets the benefit of a "clean slate" and while it must honor prior treaties establishing the country's borders, it is free to chose which other treaties it will honor and which it will not regardless of whether those treaties make formal provision for withdrawal or not.
A
The "supplementary" treaty interpretation criteria provided in Article 32 of the Vienna Convention onthe Law of Treaties (VCLT) should: A. Only be applied if the primary criteria in Article 31 fails to produce a satisfactory answer B. Always be applied in addition to the primary criteria in Article 31 C. Only be applied to protocols and other agreements which "supplement" another treaty D. Only be applied to treaties which specifically agree to their use in the treaty text
A
What is the legal effect of a state being a signatory to a treaty? A. the state must not defeat the object and purpose of the treaty B. It binds the state to comply with the treaty terms C. It varies depending on the domestic constitutional provisions of each signing state D. None, it is merely a symbolic formality
A
Which of the following is a recognized way for a case to get before the International Court of Justice? A. Two states which have not otherwise accepted the court's jurisdiction craft a specialagreement to let it hear their case. B. A regional security organization refers a dispute involving two of its members to the court in order to preserve peace. C. The United Nations General Assembly refers a situation to the court by a two-thirdsmajority vote. D. The United Nations Secretary General refers a situation to the court after certifying that it poses a threat to international peace and security
A
Which of the following is not a logical consequence stemming from the Westphalian concept ofstate sovereignty? A. Monarchs in those states which continue to recognize them as their heads of state enjoycomplete immunity from criminal prosecution under both national and international law B. Monaco has the same voting rights in an international body as India C. States cannot interfere in the domestic elections in another country D. States cannot be subject to international legal rules without at least implicit consent
A
Which of the following is not an example of a subsidiary means of establishing the content of current customary international law? A. A law review article by the student editor in chief of the Yale Journal of International Law B. An Oxford Handbook on International Law featuring chapters by leading law professors C. A judicial decision by a national supreme court D. A decision by the International Court of Justice
A
Which of the following statements about the ability of a territory like Hong Kong to join aninternational treaty is not true? A. Only states and international organizations can ever join a treaty B. The parent state can authorize a subordinate territory to join a treaty with other states C. Outside states can agree to allow a political subdivision of another state to enter into amultinational treaty with them D. Hong Kong is currently a party to both bilateral and multi-national treaties
A
which of the following is NOT true with respect to a diplomatic agent declared "persona non grata"? A. they must leave the receiving state within a reasonable amount of time B. the sending state must recall them or terminate their diplomatic functions C. the receiving state may declare an individual persona non grata even before they arrive in that country D. the receiving state does not have to provide a specific reason for declaring an individual persona non grata
A
A mixed arbitral tribunal is one in which: A. The arbiters can decide questions of both law and fact. B. The arbiters can hear a dispute between a state and a private party. C. Some of the arbiters are appointed by states and some by an international organization. D. The arbiters may award partial remedies to both sides in the dispute
B
According to the VCLT, states may decided to terminate or suspend a treaty if another treaty party: A. commits any breach of the treaty terms B. commits a material breach of the treaty C. commits a fundamental breach of the treaty D. both B or C
B
Assume for the sake of this question that the United States has developed sufficient evidence ofculpability in the COVID-19 "escape" that the Justice Department is able to obtain a criminal indictmentagainst a Chinese military scientist and wants to get custody over this individual who is currentlycontinuing to live and work in Wuhan China. Which of the following statements is not true? A. In the absence of an extradition treaty between the two countries, China has no legalobligation to send the scientist to face trial in the United States B. Even if China did have an extradition treaty with the United States, it would be entitled torefuse extradition because it believed the scientist was innocent C. Even if it did have an extradition treaty with the United States, China could refuse toextradite the scientist if his conduct did not constitute a crime under its national laws D. There are numerous multi-lateral treaties that can provide a legal basis for extraditionbetween two states - like the United States and China - which lack bilateral extradition agreements
B
Assume that the United States wishes to have a warship challenge maritime claims related to a large structure that the Vietnamese government built up on a remote reef in the disputed Spratley Island area in the South China Sea. The structure is more than 30 nautical miles from the nearest other land. No part of the reef was previously above water at high tide before the construction began. In order to assert the full scope of its legal rights, the warship should be instructed to: A. Ensure it is in compliance with the rules governing innocent passage during the entire time that it is less than 12 nautical miles away from the structure. B. Operate normally the entire time it is in the vicinity of the structure including engaging in helicopter operations within twelve nautical miles of it. C. Remain at least 3 nautical miles away from the structure at all times. D. Remain at least 12 nautical miles away from the structure at all times.
B
Mexico is greatly concerned about the U.S. plans to build a complete wall along their shared border for a number of reasons, including the potential economic and ecological consequences which it believes will put the United States in violation of several treaty commitments. Rather than wait until the wall is constructed, can Mexico seek an advisory opinion from the International Court of Justice (ICJ)? Which of the following is the most definitive answer: A. No, the ICJ, like U.S. federal courts, does not issue advisory opinions. B. No, only United Nations organizations can request advisory opinions from the ICJ. C. No, the United States has withdrawn from the compulsory jurisdiction of the ICJ. D. No, Mexico is in arrears in its United Nations dues, and only U.N. members in goodstanding can request advisory opinions
B
The North Atlantic Treaty Organization (NATO) was formed in 1949 by the Washington Treaty to unite Western Europe, the United States, and Canada against the perceived threat of Russian invasion. Article 3 of the agreement calls upon member states to "maintain and develop their . . . capability to resist armed attack," but the treaty does not specify any particular amount that individual states must spend on their defense. The Trump administration has begun insisting that NATO states promptly increase military spending to 2% of their GDP (most spend significantly less although collectively NATO members constitute less than 15% of the total world order yet spend 70% of the total global defense spending). Luxemburg currently spends the lowest proportion of its GDP on defense - less than 0.75% -- of any NATO member. Can the U.S. kick Luxemburg out of NATO in order to inspire the other member states to spend more on defense? A. No, a single state can never take action against another party in a multi-lateral treaty even if it commits a "material breach" of a treaty provision. B. No, a single state can only unilaterally suspend performance of multilateral treaty obligations towards another state it considers to be in material breach of a treaty provision. C. Yes, parties to a treaty are always free to terminate treaty relations with another state atany time. D. Yes, Luxemburg can fairly be considered to be in "material breach" of the treaty by failing to spend 2% of its GDP on defense.
B
The United States government maintains a formal Freedom of Navigation (FON) program in which it has U.S. Navy ships challenge "excessive" maritime claims; i.e., rights asserted by other states in excess of those that they should be entitled to under existing international law (which for this purpose most states consider to be defined by the 1982 UN Convention on the Law of the Sea). Unfortunately the United States is not a party to this treaty, as states like China - which is -are generally quick to point out. Which of the following statements regarding the credibility of U.S. FON assertions is most accurate?: A. The rule on which the U.S. assertion about another nation's excessive claim is based must be grounded in the earlier 1958 Convention on the High Seas and its counterpart agreement addressing the Territorial Sea and Contiguous Zone to which the United States are parties. B. The rule on which the U.S. assertion is based must be either grounded in one of the earlier 1958 agreements (if the state being challenged is a party to that treaty) or else must already be incorporated in current customary international law. C. No U.S. FON assertion can be credible until the United States ratifies the 1982 UN Convention. D. No nation ever has a right to knowingly violate the claimed territory of another state; IF the United States disagrees with foreign maritime claims it must seek either resolution by theInternational Court of Justice or refer the matter to the UN Security Council
B
The World Health Organization (WHO) is a United Nations (UN) specialized agency headquartered inGeneva, Switzerland which was created by a 1946 international agreement, titled as its "Constitution."The WHO is structured to include a Health Assembly consisting of a voting delegate from each member state, an Executive Board comprised of 34 state delegates elected by the Assembly, and a permanent secretariat, headed by the Director-General, currently Tedros Adhanom, a biological scientist. The WHO performs a number of important functions, including leading global efforts to eradicate significant long-standing health threats like polio and malaria, as well as dealing with newer emergent threats like ebola and COVID-19. It has six regional offices, including one in Washington D.C., which deals with North and South America, and 150 field offices around the world. The WHO is funded by a combination of mandatory annual assessments on member states and voluntary contributions by states, charitable foundations, corporations, and even individuals. Historically the largest contributor to the WHO budget has been the U.S. government which contributes almost 12% of total WHO funding. Article 75 of the WHO Constitution provides that: "[a]ny question or dispute concerning the interpretation or application of this Constitution which is not settled by negotiation or by the Health Assembly shall be referred to the InternationalCourt of Justice in conformity with the Statute of the Court, unless the parties concerned agree on another mode of settlement." Article 75 is an example of: A. Compulsory jurisdiction B. A compromisory clause C. A compromis D. A declaration in accordance with the statute of the International Court of Justice
B
The current Director-General of the World Health Organization, Dr. Tedros Adhanom is an Ethiopian scientist with a PhD from the University of Nottingham who previously served sequentially as hiscountry's Minister of Health (2005-12) and Foreign Minister (2012-16) before assuming his current postin 2017. Under the facts in question 5 immediately above, Dr. Adhanom would have enjoyed "head of state" immunity under customary international law: A. From 2005 - 2016 B. From 2012 - 2016 C. At all times from 2005 to the present D. At no time from 2005 to the present
B
U.S. media reported last week that a young Venezuelan man, Marco Coello, was arrested in Florida for the crime of overstaying his visa when he arrived at a longstanding appointment to present his claim for "asylum" (the term used by the press) to American immigration authorities. The 22-year old had been arrested at a political protest in Venezuela the previous year and tortured in an effort to get him to falsely implicate a leftist political leader in crimes he had not committed so the regime could convict and imprison him. Coello seeks permanent admission to the United States over the objections of the Venezuelan government, but U.S. immigration enforcement officers apparently wanted to send him back to bolster their count of "criminal"immigrant deportations. Assuming his story about prior abuse is true, and that he would be at very real risk of arrest and additional torture if he we to be returned to Venezuela: A. Coello meets the legal definition of a refugee and must be promptly admitted to permanent residence in the United States. B. Coello meets the legal definition of a refugee and while he need not be admitted to the United States, he cannot be forced to return to Venezuela. C. Coello does not meet the legal definition of a refugee because his persecution was based on his political views and not on his race, religion, ethnicity, or nationality. D. The United States is not a party to the Refugee Convention so it doesn't matter whether Coello meets the definition or not; the U.S. government can deport him to anywhere it wants.
B
When the Bush administration decided to resort to coercive interrogation of suspected terrorists, this previously law abiding nation faced the challenge of finding individuals who had any experience in conducting torture. After some searching, it was discovered that the closest thing the United States might have to any relevant domestic expertise were psychologists who supported the U.S. military's Survival, Evasion, Resistance, and Escape (SERE) schools which exposed American military personnel considered to be at particularly high risk of capture to the coercive tactics that might be used against them by enemies who do not follow international law. One of these individuals, James Mitchell, was quickly hired as a CIA employee to oversee interrogations at black sites overseas. After several years engaged in this role as a CIA employee, Mitchell decided that he could quit the CIA and then "sell" his expertise back to them, making much more money in the process. So he set up a private company in conjunction with his friend and fellow torture proponent, Bruce Jessen, and over the next few years billed the government almost $80 million for their services providing specific advice as to how to conduct individual interrogations, overseeing detainee mistreatment, and hiring and managing other individuals engaged in "hands-on" detainee abuse at U.S. government controlled facilities. Is the United States internationally responsible for Mitchell's conduct as a contractor? A. Yes, a government is responsible for anything that takes place at facilities it controls. B. Yes, the conduct took place on behalf of the United States so it doesn't matter whetherthe physical perpetrators were government employees or contractors C. No, the United States was responsible for his conduct when he was a government employee, but the "for profit" commercial nature of the later work excuses the state from directresponsibility. D. No, torture violates international law so the conduct is "ultra vires" and the government isnot responsible
B
Which of the following cases would the International Court of Justice most likely be able to hear? (All of the states named are members of the United Nations and have thus accepted the ICJ Statute as treaty law, and are amenable to ICJ jurisdiction over the particular issue). A. A challenge brought by Iran alleging that the Security Council exceeded its authority under the UN Charter in imposing sanctions on it which are crippling its domestic economy B. A dispute between Denmark and Sweden over title to a small island in the Baltic Sea C. A request by Vietnam for an advisory opinion on the validity of Chinese claims to disputed islands in the South China Sea D. A suit brought by the Philippines against multi-national energy conglomerate Exxon-Mobil asserting that it's tankers are polluting sensitive coral reef areas in violation of several treaties
B
Which of the following is a core requirement of an international organization?: A. The membership must consist entirely of states. B. The organization must have an independent legal personality independent of its members. C. The organization must have an executive body consisting of members appointed by its secretary general. D. The organization must be open to membership by all UN members in good standing
B
Which of the following situations can provide the basis for states to terminate a treaty according to the Vienna Convention on the Law of Treaties (VCLT)? A. Any violation of treaty provisions by another state party B. A material breach of treaty provisions by another state party C. A significant violation of treaty provisions by another state party D. The VCLT protects the sanctity of treaties by never allowing states to terminate a treatyunless ALL treaty parties agree, in which case no specific provocation is necessary
B
which of the following is NOT an example of a general principle of law recognized by 'civilized' nations that has been held to now constitute a rule of international law? A. the obligation to act in good faith B. the doctrine of stare decisis C. the principle of estoppel D. the principle of preclusion
B
which of the following is not a core requirement for an agreement to be considered a treaty? A. it must be in writing B. it must be signed by a senior official of each state who participated in the negotiations C. it must be intended to create legal obligations under international law D. it must be an agreement between states and/ or international organizations
B
which of the following is not a required element for a tribunal to have jurisdiction over a particular dispute? A. consent of the parties B. acquiescence (reluctant acceptance) of the nationals actually involved in the events at issue C. existence of a legal issue D. dispute must have origin during the timeframe covered by the parties' consent
B
As a general matter - true in both national legal systems and under international law - an entity must have suffered specific individual harm in order to have standing to bring a legal action. But in the case of an "obligation erga omnes": A. The obligation is generically owed to all, but no individual person or state is considered to be sufficiently personally harmed to be able to bring a legal action against the wrongdoer B. The obligation is owed to all so any individual can bring a legal action against the wrongdoer C. The obligation is owed to all so any state can bring a legal action against the wrongdoer D. The obligation is owed to all so any individual, legal person, or state can bring a legal action against the wrongdoer
C
As a real estate and hotel tycoon, Donald Trump has a number of international investments, with properties in at least two-dozen countries around the world, some of which have been more successful than others. His Scottish golf course has been particularly problematic, involving him in a number of legal and political disputes with a diverse group of adverse local interests. After trying unsuccessfully to negotiate a practical solution to a dispute that arose in the fall of 2016, one of these local parties brings suit in a Scottish court in July 2017. The court should: A. allow the suit to go forward because President Trump has decided to invest personal funds in real property in a foreign country B. allow the suit to go forward because the dispute involves both commercial activity and arose before Donald Trump assumed office as President C. defer consideration of the suit for the duration of Trump's presidency because he is entitled to immunity while serving in the role of Head of State D. permanently quash the suit because as president of the United States, Donald Trump is in a position to make life very difficult for Scotland if a court were to rule against him
C
Assume that COVID-19 was a naturally occurring virus that had been identified in bats by a Chinese government-funded lab at a university in Wuhan which was conducting research in how to prevent the spread of diseases harmful to humans from animal populations. An unintentional series of careless errors by junior technicians handling the bats accidentally resulted in the first transmissions to humans. The lab techs, who were unaware that they had been infected, unwittingly spread the virus to some of their families and friends, launching what eventually became a global pandemic. Would China be internationally responsible to other states under these facts? A. No; unless China deliberately spread the virus, a pandemic is an "act of god" for which there is no legal responsibility B. No; governments are never internationally responsible for state acts carried out entirely within their own territory C. Possibly - if the acts either taking place at the lab or the subsequent Chinese governmental actions to address the spread of the virus violated a specific international legal obligation D. Yes; international law imposes strict liability on states for failing to prevent the spread ofinfectious diseases beyond their borders due to the serious potential for global harm
C
Charlie, an American citizen, is out drinking at a local bar in Manhattan Beach, CA with his girlfriend Teresa. An Australian man who has had too much to drink (as has Charlie) keeps referring to her as "Sheila," much to Charlie's irritation. Finally he gets totally fed up with the Australian and punches him in the face, breaking his nose. Teresa has the presence of mind to drag Charlie away from the scene and he has the good fortune to avoid arrest or prosecution by the local authorities. A year later, having largely forgotten the incident, Charlie and Teresa board a Virgin Australia flight for a vacation trip to Sydney. If Charlie is arrested upon arrival in Australia, it is most likely because: A. Assault and battery is subject to universal jurisdiction under customary international law. B. Australia criminalizes extraterritorial crimes based on the nationality principle. C. Australia criminalizes extraterritorial crimes based on the passive protective principle. D. Australia has criminalized this conduct under either the effects doctrine or the protective principle.
C
In early 2019 more than 150 countries met in New York to draw up a new international treatyintended to halt the accumulation of toxic chemicals in the oceans. They all signed the treaty on March1, 2019, which states that it will enter into force 6 months after the 30th ratification is received by the UNSecretary General. On November 14, 2019 the Secretary General announces that Peru has justdeposited the 30th instrument of ratification. On May 14, 2020: A. the treaty becomes fully binding on Peru B. the treaty becomes fully binding on all states which have signed it C. the treaty becomes fully binding on Peru and all of the other 29 ratifiers D. because of the large number of states which agreed to the treaty text during negotiations, itbecomes binding on all states as customary international law whether they have ratified it or not
C
Nizar is an apolitical Syrian college student interested in pursuing a degree in mechanical engineering. He attends a university in a city which U.S.-backed rebel forces succeed in capturing from the government. The Assad regime retaliates by beginning an intermittent air campaign, using jets and helicopters to drop bombs essentially randomly on rebel controlled areas in order to instill fear among those supporting the rebel cause. The result is also to instill real fear for their safety on the part of individuals like Nizar who are mere bystanders to the conflict, taking no active sides. Eventually Nizar decides to flee the country for his safety; he wants to attend engineering school in the United States, but realizes his chances of getting a visa are almost non-existent. So he makes his way to Mexico which is more open to Syrians fleeing the conflict and then sneaks his way into the U.S. where he presents himself at an immigration center and endeavors to claim refugee states. As a matter of international law, Nizar is most accurately: A. an illegal immigrant B. an economic migrant C. a displaced person D. a refugee
C
Samir is an apolitical Syrian student interested in pursuing a degree in computer systems design who is reasonably fluent in English. He attends a university in a city recently captured by U.S.-backed rebel forces. The Assad regime retaliates by starting a fierce air campaign, using both helicopters and jets to drop bombs essentially randomly on rebel controlled areas in order to terrorize those supporting the rebel cause. The result is also to instill real fear for their safety on the part of individuals like Samir who are mere bystanders to the conflict, taking no active sides. Samir decides to flee the country for his safety; he wants to attend engineering school in the United States, but realizes that with the current highly restrictive U.S. immigration policies, he has virtually no practical chance of getting a visa. Instead he makes his way to Mexico which is much more sympathetic to Syrians fleeing conflict, but since he doesn't speak Spanish he has no practical hopes of continuing his education there. So Samir then sneaks his way into the U.S. where he presents himself at an immigration center and endeavors to claim refugee states. As a matter of international law, Samir is most accurately: A. an illegal immigrant B. an economic migrant C. a displaced person D. a refugee
C
Six western hemisphere states: Canada, the United States, Mexico, Belize, El Salvador, and Costa Rica get together in Ottawa in the summer of 2017 to negotiate a treaty about conservation of bird species which migrate between North and Central America. They wrap-up the diplomatic conference with a formal ceremony in which plenipotentiaries for all five states sign the treaty on September 1, 2017. The representative from Belize announces that he has the authority not only to sign, but also to ratify, the treaty and that he is doing both as of that date. The treaty says that it will remain open for signature by any nation in the western hemisphere until September 1, 2018, and that it will initially enter into force three months after it has been ratified by five states, and will enter into force for states joining after that date one month after they deposit their instrument of ratification. Subsequently: (a) Canada ratifies the treaty on December 15, 2017 (b) Honduras signs the treaty on December 30, 2017 (c) Mexico ratifies the treaty on January 30, 2018 (e) El Salvador ratifies the treaty on February 1, 2018 (f) Panama signs the treaty on March 15, 2018 (g) Honduras ratifies the treaty on April 1, 2018 (h) Nicaragua ratifies the treaty on October 1, 2018. If the Senate approves the treaty on July 1, 2018 and the president ratifies it on August 1, 2018, what are the United States' legal obligations? A. It must not defeat the object and purpose of the treaty from September 1, 2017 until July1, 2018, at which point it is fully bound by the treaty provisions. B. It must not defeat the object and purpose of the treaty from September 1, 2017 untilAugust 1, 2018, at which point it is fully bound by the treaty provisions. C. It must not defeat the object and purpose of the treaty from September 1, 2017 untilSeptember 1, 2018, at which point it is fully bound by the treaty provisions. D. It must not defeat the object and purpose of the treaty from September 1, 2017 until November 1, 2018, at which point it is fully bound by the treaty provisions
C
Some senior members of the Trump administration (and a number of U.S. conspiracy theorists) believe that COVID-19 was created in a Chinese government laboratory in Wuhan - possibly as some form of bacteriological warfare weapon - and somehow "escaped" through gross incompetence or criminal negligence. IF there actually was a sufficient factual basis for this assertion, AND the U.S.government was able to identify one or more Chinese officials personally responsible for this "escape" and wanted to prosecute them for the subsequent deaths of American citizens in the United States who had never been outside this country, it would require the exercise of what mode of jurisdiction? A. Territorial B. Nationality C. Effects Doctrine or Protective Principle D. Universal Jurisdiction
C
The United States joins a new international treaty on the recognition of historic genocides which contains a provision calling upon states to prohibit "genocide denial." The treaty contains a compromissory clause in which states agree that any disputes arising under the treaty may be adjudicated before the International Court of Justice. The United States attaches a declaration to its ratification stating that U.S. obligations under the treaty will be interpreted in a manner consistent with the First Amendment to the U.S. Constitution. A radical anti-Semitic group launches a national campaign to persuade the American people that the Holocaust is "fake news"and endeavors to get any mention of it removed from U.S. school textbooks. Outraged European states call upon the United States to take effective action to suppress this group, but the U.S.administration concludes the group's actions fall within the bounds of "protected speech" under the First Amendment. Assuming they are also party to the treaty, these concerned Europeanstates: A. Can criticize the U.S. action on political grounds, but have no legal standing to do more because of the U.S. declaration to the treaty. B. Can criticize the U.S. action as a violation of its treaty obligation but cannot take theUnited States to the International Court of Justice because the United States has previously rejected the compulsory jurisdiction of that court. C. Can take the United States to the International Court of Justice because it is in violation of its treaty obligations to the other State Parties to the new treaty. D. Can take the United States to the International Court of Justice because that court can hear any dispute arising between any two states on any question of international law
C
The United States ratifies a treaty on smuggling of endangered animal species which includes a requirement that states enhance allow any non-governmental organization (NGO) focused on animal protection to sue smugglers in their domestic courts. Congress then passes a statute that it says is intended to comply with the treaty obligations, but it only authorizes the Humane Society of the United States and the Sierra Club to bring suits based on the treaty. If the World Wildlife Fund (WWF) endeavors to sue a pangolin (an endangered scaled mammal prized by some members of several SE Asian cultures for its perceived medicinal qualities) smuggler which it discovered is shipping these animals into the United States concealed in shipments of frozen seafood, a U.S. court: A. should allow the suit to go forward because the treaty requires NGOs to be able to take such action. B. should allow the suit to go forward if it determines that the treaty was self-executing butdeny the suit if the judge decides that the treaty is not self-executing. C. should deny the WWF's authority to sue regardless of whether the treaty is self-executing or not because the statute came after the treaty was ratified. D. should look to decisions of national courts in other countries which are party to the treaty to see how they interpret the right to sue under the agreement
C
The current Director-General of the World Health Organization, Dr. Tedros Adhanom is an Ethiopianscientist with a PhD from the University of Nottingham who previously served sequentially as hiscountry's Minister of Health (2005-12) and Foreign Minister (2012-16) before assuming his current postin 2017. IF he had been sent to represent Ethiopia at an international diplomatic conference tonegotiate a treaty: A. He would not have required any formal credentials anytime between 2005 and 2016 B. He would always have required written evidence that he had been granted "full powers" C. He would have required proof of full powers in 2008 but not in 2015 D. He would have required proof of full powers in 2014 but not in 2009
C
The reality TV show "Deadliest Catch" (currently airing new episodes on the Discovery Channel at 9pm Pacific on Tuesday nights) follows a group of fishing boats pursuing king and snow crabs in the Bering Sea between Alaska and Russia, one of the most challenging ocean environments anywhere. Statistically this is typically the most dangerous job that an Americancivilian can legally engage in. The central focus of the show is the boats' struggle to catch thecrab quotas allocated to them by the government; the international legal authority to regulate thisfishery is most credibly based upon: A. the fact that the TV show airs on U.S. television lets the government regulate the activity of the boats involved under the authority found in international law to regulate network broadcasting with the country's own territory. B. the territorial principle since the boats on the show are all of U.S. registry. C. the fact that all the fishing activity takes place in the U.S. Exclusive Economic Zone. D. there isn't actually any legal regulation, it's just a scheme made up by the producers to add more suspense to the show.
C
The term "soft law" is used by publicists (law professors) to refer to: A. Treaties which have been signed but not yet entered into force B. International legal rules which lack criminal sanctions for their violation C. Documents which have substantially influenced the development of international law but arenot legally binding themselves D. Matters governed by customary international law where states disagree about the precisestate of the current law, such as whether states can impose restrictions on innocent passage by foreignwarships in their territorial sea
C
Which of the following activities probably cannot be regulated by State A in its exclusive economiczone? A. a seismic survey using sound waves from devices towed by a research vessel capable of detecting potential oil deposits below the seafloor B. fishing by private citizens for invasive lionfish causing environmental harm to native fishstocks C. sightseeing tourist flights which take-off and land in nearby foreign State B and overfly scenicreef areas in State A's EEZ D. construction of an artificial island by an international consortium of universities to supportacademic research into global warming and monitor sea level changes
C
when a treaty enters into force: A. it becomes binding on all states which participated in the negotiations B. it becomes binding on all states which have signed it C. it becomes binding on all states that have ratified it D. it becomes binding on all states that engage in activity covered by the treaty
C
which of the following is NOT a logical consequence resulting form the fundamental nature of state sovereignty? a. foreign states cannot engage in legal activities such as conducting criminal investigations or collecting evidence in the territory of another state without permissions of that government. b. States generally enjoy broad immunity from suit in the courts of foreign nations even when they have committed egregiously wrongful acts. c. States can never be bound by treaty amendments which they have not specifically ratified according to their national constitutional processes. d. Even a large, powerful state like China and a tiny, insignificant one, like Tuvalu areformally legal equals.
C
After a referendum in which 99% of the voters expressed a desire for independence fromSudan, South Sudan was internationally recognized as the world's newest fully independent stateon July 9, 2011. The country is desperately poor, and a substantial portion of what little industry does exist in its territory is owned by wealthy businesses located in now-neighboring Sudan. The government of South Sudan wishes to seize these industrial facilities for the benefit of its impoverished citizens. Which of the following statements is most accurate: A. South Sudan can take these facilities without paying compensation as long as it is doing so for the legitimate public purpose of rectifying past injustices done to its people by Sudan. B. South Sudan can take these facilities without paying compensation as long as it has not agreed to be bound by any treaty mandating compensation for expropriating private property. C. South Sudan can take these facilities without paying compensation so long as it simultaneously establishes itself as a persistent objector to the customary international law rule requiring payment of fair market value for expropriated property. D. South Sudan can expropriate private property for legitimate public purposes, but mustpay fair compensation to the owners.
D
Assume that the United States wishes to have a warship challenge maritime claims related to a large permanent structure which has been built upon a remote reef in the South China Sea located over 50 miles from the nearest land. No part of the reef was previously above water at high tide. In order to be in compliance with current international law while asserting the fullscope of its legal rights, the warship should be instructed to: A. Remain at least 3 nautical miles away from the structure at all times. B. Remain at least 12 nautical miles away from the structure at all times. C. Ensure it is in compliance with the rules governing innocent passage during the entire time that it is less than 12 nautical miles away from the structure. D. Operate normally the entire time it is in the vicinity of the structure including engaging in helicopter operations within twelve nautical miles of it
D
Because it costs a lot of money to build and maintain a formal navy, privateering appealed to smaller and weaker states. The United States fell into the latter category in the mid-19th century, so it initially declined to join 1856 Paris Declaration. With the outbreak of the American Civil War just five years later, however, the Union found itself as the comparatively stronger naval power and it was the Confederacy, lacking any naval assets, which stood to gain the most from privateering. The United States thus immediately asked the European states to let it join the 1856 treaty, but many were either sympathetic to the South or else simply wanted to see the U.S. remain a second rate power, so they rebuffed the U.S. efforts, using the pretext that it couldn't unilaterally seek to change the rules of warfare once a conflict had begun. The United States never actually joined the treaty even after the conflict ended, but it also never authorized privateering again (nor has any other internationally recognized state), and no U.S. government publication issued from the Civil War to the end of the 20th century assert any right to do so. In 2020, however, a combination of active and retired military officers have begun arguing for the U.S. to plan use privateers in any future conflict with China. The United States most likely: A. Can legally do this since it never ratified the Paris Declaration B. Can legally do this since China never ratified the Paris Declaration C. Can legally do this as a persistent objector to the Paris Declaration D. Cannot legally do this as the Paris Declaration is almost certainly now customary law
D
One early aspect of the current COVID-19 crisis that has been the subject of significant press coverage, and now is an emerging area of civil litigation, was the plight of individuals caught on cruise ships around the world - but most particularly in Asia—as the outbreak was in its early phases of spreading beyond China. One case that attorneys are currently trying to bring in California focuses on an elderly Los Angeles husband and wife, Farah and Mohammed Toutounchian, who became infected on the Panamanian-flagged ship Diamond Princess while cruising between Japan, China, Taiwan, and Vietnam. The ship is operated by Princess Cruise Lines which is incorporated in Bermuda but has its headquarters in Santa Clarita, CA. Although the world's third largest cruise line in its own right, Princess Cruise Lines is in turn a wholly owned subsidiary of the dual United States - United Kingdom Carnival Corporation & PLC. The US branch is incorporated in Panama but has its headquarters in Doral, Florida and is traded on the New York Stock Exchange while the UK branch is headquartered in Southampton, England and traded on the London Stock exchange. (I couldn't make this stuff up!) According to international law, the nationality of Princess Cruise Lines: A. Is the same as that of Carnival since it is a subsidiary B. Should be Panama because that it is where it is incorporated C. Should be the United States since its head office is in California D. Could be either Panama or the United States depending on where control really lies
D
Six western hemisphere states: Canada, the United States, Mexico, Belize, El Salvador, and Costa Rica get together in Ottawa in the summer of 2017 to negotiate a treaty about conservation of bird species which migrate between North and Central America. They wrap-up the diplomatic conference with a formal ceremony in which plenipotentiaries for all five states sign the treaty on September 1, 2017. The representative from Belize announces that he has the authority not only to sign, but also to ratify, the treaty and that he is doing both as of that date. The treaty says that it will remain open for signature by any nation in the western hemisphere until September 1, 2018, and that it will initially enter into force three months after it has been ratified by five states, and will enter into force for states joining after that date one month after they deposit their instrument of ratification. Subsequently: (a) Canada ratifies the treaty on December 15, 2017 (b) Honduras signs the treaty on December 30, 2017 (c) Mexico ratifies the treaty on January 30, 2018 (e) El Salvador ratifies the treaty on February 1, 2018 (f) Panama signs the treaty on March 15, 2018 (g) Honduras ratifies the treaty on April 1, 2018 (h) Nicaragua ratifies the treaty on October 1, 2018. Assume for the purpose of this question only that it is discovered in October 2018 that the individual purporting to represent Belize at the diplomatic conference was actually just the head of a private eco-tourism company who believed that the perception that his country was a party to the agreement would increase tourist traffic to his personal benefit. He thus forged the government credentials he presented at the negotiations. After this discovery Belize: A. has no obligations whatsoever under the treaty. B. is only obligated not to defeat the object and purpose of the treaty but is not fully boundby its provisions. C. is fully bound since they did not discover the error within one year following the treatysigning. D. is only bound by the treaty if the government has engaged in some conduct thatconstitutes an endorsement of the signer's actions
D
Six western hemisphere states: Canada, the United States, Mexico, Belize, El Salvador, and Costa Rica get together in Ottawa in the summer of 2017 to negotiate a treaty about conservation of bird species which migrate between North and Central America. They wrap-up the diplomatic conference with a formal ceremony in which plenipotentiaries for all five states sign the treaty on September 1, 2017. The representative from Belize announces that he has the authority not only to sign, but also to ratify, the treaty and that he is doing both as of that date. The treaty says that it will remain open for signature by any nation in the western hemisphere until September 1, 2018, and that it will initially enter into force three months after it has been ratified by five states, and will enter into force for states joining after that date one month after they deposit their instrument of ratification. Subsequently: (a) Canada ratifies the treaty on December 15, 2017 (b) Honduras signs the treaty on December 30, 2017 (c) Mexico ratifies the treaty on January 30, 2018 (e) El Salvador ratifies the treaty on February 1, 2018 (f) Panama signs the treaty on March 15, 2018 (g) Honduras ratifies the treaty on April 1, 2018 (h) Nicaragua ratifies the treaty on October 1, 2018. When are the full treaty terms binding on Honduras? A. December 30, 2018 B. April 1, 2018 C. May 1, 2018 D. July 1, 2018
D
The Latin phrase "opinio juris" refers to: A. The majority decision by a panel of international jurists B. A dissenting opinion by an individual judge (the opinion of a jurist) C. An opinion expressed by a law professor ("jurist consult) in scholarly writing D. A belief by states that they are legally obligated to act in a certain way
D
The VCLT rules on treaty withdrawal include which of the following provisions: A. a state which becomes party to a treaty can only withdraw from its legal obligations if a majority of the other treaty parties agree B. a state which becomes party to a treaty can only withdraw from its legal obligations if ALL of the other treaty parties agree C. a state can only withdraw from a treaty if it contains a provision providing for a withdrawal process D. withdrawal from treaties silent on the issue is allowed only if the parties intended to allow it or the right is implied from the nature of the treaty
D
The World Health Organization (WHO) is a United Nations (UN) specialized agency headquartered inGeneva, Switzerland which was created by a 1946 international agreement, titled as its "Constitution."The WHO is structured to include a Health Assembly consisting of a voting delegate from each member state, an Executive Board comprised of 34 state delegates elected by the Assembly, and a permanent secretariat, headed by the Director-General, currently Tedros Adhanom, a biological scientist. The WHO performs a number of important functions, including leading global efforts to eradicate significant long-standing health threats like polio and malaria, as well as dealing with newer emergent threats like ebola and COVID-19. It has six regional offices, including one in Washington D.C., which deals with North and South America, and 150 field offices around the world. The WHO is funded by a combination of mandatory annual assessments on member states and voluntary contributions by states, charitable foundations, corporations, and even individuals. Historically the largest contributor to the WHO budget has been the U.S. government which contributes almost 12% of total WHO funding. Article 73 of the WHO Constitution allows for amendments to become binding on all state parties if they receive approval by a 2/3 vote in the Assembly followed by their ratification by 2/3 of the parties. This provision: A. Violates the fundamental international law rule that states must consent to binding rules B. Is acceptable only because the WHO plays such a crucial role in world health and states routinely accept that idea that rules for dealing with health trump normal legal constraints C. Was approved by the International Court of Justice so states must follow it D. Is acceptable because states consented to it when ratifying the WHO Constitution
D
The World Health Organization (WHO) is a United Nations (UN) specialized agency headquartered inGeneva, Switzerland which was created by a 1946 international agreement, titled as its "Constitution."The WHO is structured to include a Health Assembly consisting of a voting delegate from each member state, an Executive Board comprised of 34 state delegates elected by the Assembly, and a permanent secretariat, headed by the Director-General, currently Tedros Adhanom, a biological scientist. The WHO performs a number of important functions, including leading global efforts to eradicate significant long-standing health threats like polio and malaria, as well as dealing with newer emergent threats like ebola and COVID-19. It has six regional offices, including one in Washington D.C., which deals with North and South America, and 150 field offices around the world. The WHO is funded by a combination of mandatory annual assessments on member states and voluntary contributions by states, charitable foundations, corporations, and even individuals. Historically the largest contributor to the WHO budget has been the U.S. government which contributes almost 12% of total WHO funding. Article 74 of the WHO Constitution says that it is equally authentic in Chinese, English, French, Russian and Spanish. In the likely event of disagreement over WHO functions and obligations between the United States and China during the COVID-19 pandemic, treaty provisions should be interpreted: A. By each referring only the "authentic" version in their national language B. By each referring only to the "authentic" version in the national language of the other C. By selecting one of the other "authentic" languages (French, Russian, or Spanish) as a neutral source for establishing an "objective" interpretation D. By applying the interpretation criteria of Vienna Convention on the Law of Treaties Articles31, 32, and 33 in that order
D
The World Health Organization (WHO) is a United Nations (UN) specialized agency headquartered inGeneva, Switzerland which was created by a 1946 international agreement, titled as its "Constitution."The WHO is structured to include a Health Assembly consisting of a voting delegate from each member state, an Executive Board comprised of 34 state delegates elected by the Assembly, and a permanent secretariat, headed by the Director-General, currently Tedros Adhanom, a biological scientist. The WHO performs a number of important functions, including leading global efforts to eradicate significant long-standing health threats like polio and malaria, as well as dealing with newer emergent threats like ebola and COVID-19. It has six regional offices, including one in Washington D.C., which deals with North and South America, and 150 field offices around the world. The WHO is funded by a combination of mandatory annual assessments on member states and voluntary contributions by states, charitable foundations, corporations, and even individuals. Historically the largest contributor to the WHO budget has been the U.S. government which contributes almost 12% of total WHO funding. Article 75 of the WHO Constitution provides that: "[a]ny question or dispute concerning the interpretation or application of this Constitution which is not settled by negotiation or by the Health Assembly shall be referred to the InternationalCourt of Justice in conformity with the Statute of the Court, unless the parties concerned agree on another mode of settlement." Based on the information presented above, if a dispute arose between two WHO member states in a local region about whether one was failing to meet obligations established by the WHO towards the other, could the dispute be referred to a regional international court, such as the Central American Court of Justice or the Court of Justice of the European Union? A. No, WHO Constitution Article 75 mandates settlement by the International Court of Justice B. Yes, if both concerned states consented to that jurisdiction for this issue C. Yes, if both states were party to a treaty subjecting themselves to the regional court'sjurisdiction that was broad enough to cover both the subject matter and timing of the dispute D. Both B and C
D
The World Health Organization (WHO) is a United Nations (UN) specialized agency headquartered inGeneva, Switzerland which was created by a 1946 international agreement, titled as its "Constitution."The WHO is structured to include a Health Assembly consisting of a voting delegate from each member state, an Executive Board comprised of 34 state delegates elected by the Assembly, and a permanent secretariat, headed by the Director-General, currently Tedros Adhanom, a biological scientist. The WHO performs a number of important functions, including leading global efforts to eradicate significant long-standing health threats like polio and malaria, as well as dealing with newer emergent threats like ebola and COVID-19. It has six regional offices, including one in Washington D.C., which deals with North and South America, and 150 field offices around the world. The WHO is funded by a combination of mandatory annual assessments on member states and voluntary contributions by states, charitable foundations, corporations, and even individuals. Historically the largest contributor to the WHO budget has been the U.S. government which contributes almost 12% of total WHO funding. The second single largest contributor to the WHO is the Bill & Melinda Gates Foundation, which has pledged $340M towards the 2020-21 WHO budget, covering more than 11% of the organization's total expenditures and is about the same amount as the number two and three state donors, the United Kingdom and Germany, combined provide. As a result of this incredible generosity, a number of pundits are advocating that Bill Gates be made a voting member of the WHO Assembly. This proposal: A. Has significant merit and could be adopted unilaterally by the Director-General B. Is problematic since membership in international organizations is limited to states C. Could be realized IF a member state was to designate Gates as their delegate D. Both B and C are true
D
The term "domestic law" refers to: A. International legal rules relating to family matters, such as the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993). B. International legal rules incorporated into a national legal system C. Family law rules applied in a national legal system regardless of their source D. The national law of a country
D
Which of the following is a valid legal distinction between a rock and an island under theinternational law of the sea? A. A rock is located within the territorial sea measured from baselines along the coast ofcontinental territory, whereas an island may be outside the state's territorial sea. B. A rock is typically above water only at low tide while an island must be above watercontinuously (24/7/365). C. A rock is generally uninhabited but an island must have a fixed permanent humanpopulation to qualify for that status. D. An island can form the basis for an Exclusive Economic Zone claim but a rock cannot.
D
Which of the following statements about the applicability of international law to the work ofattorneys engaged in the everyday practice of law in the United States is true: A. There are few areas of law in which there isn't at least one treaty that the United States is aparty to that has direct relevance B. Any lawyer advising American companies doing business with overseas entities should beknowledgeable in international dispute resolution C. Due to the large number of foreign nationals present in the United States at any time, there is a high likelihood that any attorney will need to know at some points how the rights of aliens differfrom those of citizens and how to legally obtain documents or other evidence from a foreign country D. All of the above
D
Which of the following statements is most correct about a case referred to arbitration under the auspices of the Permanent Court of Arbitration (PCA) in the Hague. A. The dispute will be arbitrated by a panel of either three or five neutral judges who are full-time employees of the PCA. B. The parties each select one arbiter of their own nationality and the third member is the Secretary General of the PCA who presides over the arbitration. C. The parties each select one arbiter from the PCA staff unless they have no national in the employ of the court, in which case they can nominate an "outsider;" the Secretary General of the PCA then decides whether to preside personally or appoint the lead arbiter. D. Parties select arbiters like any other international arbitration, but can draw upon lists maintained by the PCA, and can call upon the Secretary General to appoint them if desired.
D
Which of the following treaty ratification is true? A. if an official granted full powers by their government signs any treaty at the end of negotiations, that serves as valid consent for their state to be bound by the agreement and ratification is not required for it to enter into force for that state B. signing a treaty only constitutes consent to be bound for bilateral treaties; a state must submit a separate instrument of ratification in order to be bound by a multilateral agreement C. if the head of government or head of state signs a treaty, their signature constitutes ratification; it is only if a lower ranking official signs it that ratification is required D. except in the very rare case of a treaty specifying that it becomes binding upon signature, an additional act of ratification is required on the part of each state that will be bound by the agreement
D
the supplemental rules for treaty interpretation found in the Vienna Convention on the Law of Treaties (VCLT) Article 32 are applied: A. any time there is doubt about the meaning of a treaty provision B. only when the doubt about a treaty provision relates to its interpretation into languages other than one in which the negotiations were conducted C. only when treaties are being interpreted by a court of law D. when the primary rules found in VCLT article 31 produce a result which is ambiguous or absurd
D
which of the following are recognized consular functions? A. issuing passports to nationals of the sending state B. issuing visas to nationals of the receiving state C. acting as a guardian for unaccompanied minors or other persons unable to competently represent themselves who are nationals of the sending state D. all of the above
D
which of the following is NOT an example of a jus cogens norm? A. the prohibition against slavery B. genocide C. torture D. widespread deprivation of political rights
D
which of the following is an exception to state immunity included in the US Foreign Sovereign Immunity Act that is NOT generally considered to be part of the customary international law exceptions to state immunity? A. waiver B. commercial activity C. tort losses from official conduct D. government sponsored torture
D
which of these IS a diplomatic function? A. issuing passports and visas B. trying to influence voters to elect candidate sympathetic to the sending state's interests C. operating a school to teach the sending state's language to children in the receiving state D. none of the above
D
True or False: the key difference between a "treaty" and a "memorandum of understanding" (MOU) is that a treaty is signed by an official with "full powers" whereas an MOU is not
false
true or false: honorary consul commissions, like honorary degrees, are a way to recognize significant life achievements which benefitted the states conferring the honor, but an "honorary consul" has no actual legal authority under international law
false
true or false: in international law, "informal" dispute means referral to arbitration while "formal" dispute resolution means the case will be decided by a standing international court such as the international court of justice
false
true or false: the formation of a customary international law rules states to act in a consistent manner (state practice) coupled with the opinion of leading international jurists that the practice is legally required
false
true or false: the permanent court on arbitration is a court located in the Hague with judges elected by the UN General Assembly
false
True or False: a key difference between the immunity accorded to a diplomatic agent and a member of the administrative and technical (A&T) staff is that only the diplomat enjoys full immunity from all civil suits
true
True or False: if the spouse of a diplomat accepts paid employment with a private firm in the receiving state, they will not be able to claim diplomatic immunity for any criminal or civil liability that results from performing that job
true
True or False: the original historical practice (pre- WW2) for multilateral treaties was that all state parties to the agreement had to accept an amendment for it to be binding
true
true or false: a head of state that engages in corrupt business practices while in office can most likely be sued for fraud once their term ends
true
true or false: a private company employed by a government to perform a traditional state function can qualify for state immunity
true
true or false: a state will generally not enjoy immunity when it performs acts that anyone can do (acts jure gestionis)
true
true or false: an individual having a dispute with a foreign nation must generally try to resolve the dispute in that country with whatever means their legal system provides before the individual's government can seek formal international resolution on their behalf
true
true or false: an obligation erga omnes is one owed to all states (literally to all the world)
true
true or false: individuals performing consular roles, but not those performing diplomatic ones, have direct access to state and local government officials in the receiving state.
true
true or false: unlike a diplomat, a consular officer may be held in jail if charged with a serious crime
true
