Public International and IHL MCQ Quiz - Objective Question with Answer for Public International and IHL - Download Free PDF

The correct answer is 'Foreign vessels have the right to pass through territorial seas if they do not threaten peace or security.'

Key Points

• Innocent Passage under the Law of the Sea:
  • The concept of "Innocent Passage" is part of the United Nations Convention on the Law of the Sea (UNCLOS).
  • It allows foreign vessels to navigate through a coastal state's territorial waters under the condition that their passage is innocent, meaning it is not harmful to the peace, good order, or security of the coastal state.
  • The passage should be continuous and expeditious, and the vessel should refrain from activities such as fishing, weapons testing, spying, or any other activity that could be deemed as a threat.
  • The coastal state has the right to regulate such passage to ensure that it remains innocent and can take necessary measures to prevent any violation of its laws and regulations.

Additional Information

• Incorrect Options Overview:
  • Coastal states have no authority over foreign vessels in their territorial waters: This is incorrect because coastal states do have authority and can enforce laws and regulations within their territorial waters.
  • Only military vessels have the right to pass through territorial seas: Incorrect, as the principle of innocent passage applies to all foreign vessels, not just military ones.
  • Coastal states can completely block passage for foreign vessels in their territorial waters: Incorrect, as coastal states cannot completely block innocent passage; they can only regulate it to ensure it remains innocent and does not threaten their peace or security.

The correct answer is 'To prosecute individuals for war crimes, including violations of IHL'

Key Points

• Role of the International Criminal Court (ICC):
  • The International Criminal Court (ICC) is an independent international judicial institution established to prosecute individuals for the most serious offenses of international concern, including war crimes, genocide, and crimes against humanity.
  • Violations of International Humanitarian Law (IHL) fall under the jurisdiction of the ICC. These violations include serious breaches of the Geneva Conventions, such as targeting civilians, committing acts of torture, and taking hostages.
  • The ICC aims to hold individuals accountable and ensure that those responsible for grave crimes do not enjoy impunity.
  • The court operates based on the principle of complementarity, meaning it steps in only when national courts are unwilling or unable to prosecute offenders.

Additional Information

• To enact new international laws:
  • The ICC does not have the authority to create or enact new international laws. Its mandate is to apply existing laws, specifically those related to international crimes.
• To negotiate peace treaties:
  • Negotiating peace treaties is not within the ICC's purview. This role typically falls to diplomatic entities, international organizations, and states.
• To regulate the economic activities of states during war:
  • The ICC does not regulate economic activities during wartime. Its function is strictly judicial, focusing on holding individuals accountable for serious violations of international law.

The correct answer is 'It regulates the use of conventional weapons that may cause excessive suffering'

Key Points

• 1980 Convention on Certain Conventional Weapons (CCW):
  • The CCW is an international treaty that seeks to limit the use of specific types of conventional weapons that are deemed to cause unnecessary or unjustifiable suffering to combatants or to affect civilians indiscriminately.
  • The convention includes several protocols that address various categories of weapons, such as landmines, booby traps, incendiary weapons, and blinding laser weapons.
  • The primary aim of the CCW is to balance military necessity with humanitarian considerations, ensuring that the means of warfare are not inhumane or disproportionately harmful.

Additional Information

• Prohibits the use of chemical weapons:
  • This is incorrect because the prohibition of chemical weapons is covered under the Chemical Weapons Convention (CWC) of 1993, not the CCW.
  • The CWC specifically bans the development, production, acquisition, stockpiling, and use of chemical weapons.
• Bans the use of landmines and cluster munitions:
  • This is partially incorrect. While the CCW does address the use of landmines and booby traps under Protocol II, the comprehensive ban on anti-personnel mines is covered by the Ottawa Treaty (Mine Ban Treaty) of 1997.
  • Cluster munitions are addressed separately under the Convention on Cluster Munitions (CCM) of 2008.
• Establishes the rights of combatants to use any weapons in conflict:
  • This is incorrect as the CCW aims to restrict certain types of weapons rather than grant unrestricted rights to use any weapons.
  • The convention seeks to mitigate the humanitarian impact of warfare rather than expand the rights of combatants.

The correct answer is 'To regulate the use and protection of the world's seas and oceans.'

Key Points

• 1982 Law of the Sea Convention:
  • The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is an international agreement that defines the rights and responsibilities of nations concerning their use of the world's oceans.
  • It establishes guidelines for businesses, the environment, and the management of marine natural resources.
  • The convention aims to balance the rights of states over their territorial waters and exclusive economic zones (EEZs) with the principle of freedom of the seas.
  • It covers various aspects including navigation rights, territorial sea limits, economic jurisdiction, legal status of resources on the seabed, and conservation of marine life.

Additional Information

• To establish a global ban on fishing:
  • This option is incorrect because the 1982 Law of the Sea Convention does not seek to impose a global ban on fishing. Instead, it regulates fishing activities to ensure sustainable use of marine resources.
• To set international trade regulations:
  • This option is incorrect as the UNCLOS does not primarily focus on international trade regulations. While it may impact trade by establishing maritime boundaries and jurisdiction, its main focus is on maritime law and ocean governance.
• To establish the rights of sovereign states over land territories:
  • This option is incorrect because the convention deals with maritime territories and not land territories. It defines the rights of states over maritime zones like territorial seas, contiguous zones, and exclusive economic zones.

The correct answer is 'A zone where coastal states control the exploration and exploitation of marine resources up to 200 nautical miles'

Key Points

• Exclusive Economic Zone (EEZ):
  • The EEZ is a sea zone prescribed by the United Nations Convention on the Law of the Sea (UNCLOS).
  • It extends up to 200 nautical miles from the baseline of a coastal state.
  • Within this zone, the coastal state has exclusive rights to exploit and manage natural resources, both living and non-living, in the waters, seabed, and subsoil.
  • Coastal states have the authority to regulate economic activities like fishing, mining, oil exploration, and marine research within their EEZ.
  • The EEZ is significant for coastal states as it enhances their control over valuable marine resources, contributing to their economic development.

Additional Information

• A maritime zone where no national control exists:
  • This is incorrect as the EEZ specifically grants control to coastal states over marine resources.
  • Areas with no national control are typically international waters or the high seas.
• An area within 12 nautical miles of a coastal state:
  • This refers to the territorial sea, not the EEZ.
  • The territorial sea is a separate maritime zone where the coastal state exercises full sovereignty.
• A zone governed by international fishing laws:
  • While international fishing laws may apply, the EEZ is broader in scope, covering various economic activities beyond just fishing.
  • The primary purpose of the EEZ is to allow coastal states to manage and exploit marine resources comprehensively.

The Correct Answer is Clause (f)

Key Points

• The RTI Act, 2005 is a significant legislation in India that came into effect on 12 October 2005.
• It gives citizens the right to access the records of central government and state public authorities. This aids in promoting transparency and accountability in these organizations.
• However, certain limitations have been imposed on the right to information under Section 8 of the Act. This section deals with the exemptions from disclosure of information.
• Specifically, Clause (f) of sub-section 1 of Section 8 states that: "Information received in confidence from foreign Government" cannot be disclosed.
• There are no clear guidelines on what could be constituted as 'information received in confidence from foreign government' in the Act, but this generally applies to any sensitive information that if disclosed, could tarnish the relationship between India and the foreign government in question.
• So, it can be noted that the provision for non-disclosure of confidential information received from a foreign government is a crucial safeguard for the protection of India's interests at the international level.

Key Points

Statement A is incorrect: Not all members of the United Nations are permanent members of the Security Council. The UNSC has only 5 permanent members, known as the P5: China, France, Russia, the United Kingdom, and the United States.

Statement B is correct: The UNSC indeed comprises 15 members. It includes 5 permanent members (China, France, Russia, the UK, and the US) with veto power and 10 non-permanent members who are elected for two-year terms by the General Assembly. These 10 non-permanent members do not have veto power and are selected to ensure equitable geographical representation.

Statement C is incorrect: While protecting sovereignty is an essential concern, the primary responsibility of the Security Council, as outlined in the United Nations Charter, is the maintenance of international peace and security. This role can sometimes involve actions that appear to infringe on a nation's sovereignty, such as sanctions, military interventions, or peacekeeping operations, always with the aim of preserving or restoring peace.

Statement D is incorrect: One of the key powers of the Security Council is indeed the ability to authorize military action to maintain or restore international peace and security. This is one of the most significant distinctions that set the Security Council apart from other UN bodies. It can take various measures, including the deployment of UN peacekeeping forces or authorizing member states to take military action to uphold or restore international peace.

Hence, Statement B is correct.

The correct answer is '1907'

Key Points

• Tobar Doctrine:
  • The Tobar Doctrine was propounded in the year 1907.
  • Named after Ecuadorian Foreign Minister Carlos Tobar, it was aimed at discouraging the recognition of governments established through unconstitutional means.
  • The doctrine specifically proposed that Latin American countries should not recognize any government that came to power through a coup or revolution.

Additional Information

• Other Options:
  • 1901: No significant doctrine related to the recognition of governments was propounded in this year.
  • 1919: This year is significant for the end of World War I and the Treaty of Versailles but is unrelated to the Tobar Doctrine.
  • 1942: This year is during World War II and is unrelated to the Tobar Doctrine. It is more noted for events like the Battle of Midway.

Key Points

• Second Geneva Convention (1949)
• Title: Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.
• Extending the principles of the First Convention to war at sea, this treaty provides similar protections for wounded, sick, and shipwrecked military personnel. It also extends protection to hospital ships and medical personnel serving on them.

Martens Clause acts as a foundational safety mechanism within International Humanitarian Law (IHL), ensuring protection and humane treatment in situations not explicitly covered by existing treaties or in cases where there is an absence of specific legal regulations.

Key Points

Originating from the Preamble of the 1899 Hague Convention II and further embedded in numerous international treaties, this clause fills gaps in international law, acting as a moral compass that guides behavior during armed conflicts.

The clause stipulates that in cases not included in regulatory provisions, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity, and from the dictates of public conscience.

By invoking the Martens Clause, International Humanitarian Law establishes a "safety net" that assures individuals are not left without protection simply because a specific situation is not addressed by existing legal agreements. It underlines the importance of humane treatment across all circumstances, reinforcing the notion that ethical and moral considerations transcend documented laws.

This clause serves as a critical reminder that the laws of warfare are not only defined by treaties and conventions but are also deeply rooted in the broader, unwavering principles of humanity and morality, ensuring that even in the absence of explicit legal guidance, there remains an immutable foundation of human rights and dignity.

The Martens Clause is a testament to the evolving nature of International Humanitarian Law, providing flexibility and adaptability to meet new challenges and circumstances in warfare, ensuring that the spirit of humanitarian principles is preserved regardless of advancements in warfare technology or tactics.

Significantly, the Martens Clause emphasizes the global consensus on the necessity of an ethical baseline in conflict, bridging the gaps in IHL coverage by affirming that all parties in a conflict are accountable to a common set of humanitarian standards, thus providing a universal "safety net" for protection.

Hint

Henry Maine:
Henry Maine is credited with the statement that "The grand function of the Law of Nature was discharged in giving birth to modern International Law."
Maine was a British jurist and legal historian who significantly contributed to the study of early societies and their laws, which he believed evolved from status to contract. His insights into how legal systems develop over time and the role of the law of nature in this process underscore his understanding of the foundations of modern international law.

The correct answer is Option 3.

Key Points

•  The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. 
• Governments use the organization to establish, revise, and enforce the rules that govern international trade in cooperation with the United Nations System. 
• The WTO is the world's largest international economic organization, with 166 members representing over 98% of global trade and global GDP.

The correct answer is 'Municipal Law'

Key Points

• Municipal Law:
  • Municipal law refers to the domestic laws of a sovereign state that govern the internal affairs within its territory.
  • Determination of nationality is primarily a domestic matter, as each state has the authority to define who its nationals are through its own laws and regulations.
  • This involves statutes, legal processes, and administrative procedures specific to the country in question.

Additional Information

• International Law:
  • International law governs the relationships between sovereign states and other international actors. While it provides a framework for nationality issues, it does not determine nationality directly.
  • Examples include treaties and conventions on statelessness and dual nationality.
• Customary Law:
  • Customary law consists of practices and norms that have developed over time and are considered legally binding, often within specific cultural or community contexts.
  • It does not play a primary role in the formal determination of nationality by states.
• Natural Law:
  • Natural law refers to a body of unchanging moral principles regarded as a basis for all human conduct.
  • It is more philosophical and ethical in nature and does not directly influence the legal determination of nationality.

Key Points

War is beyond the scope of International law:

• This statement reflects Dr. Radha Binod Pal's perspective that the existing international legal framework, at the time of the Tokyo Trials, did not extend its jurisdiction to the declaration and conduct of war between sovereign nations.
• He argued that the legal instruments and conventions then in place were not equipped to adjudicate the act of war itself as a crime.

Conduct of war is within the scope of the rules of International law:

• Despite his views on the war's legality, Dr. Pal acknowledged that the manner in which wars are conducted falls under international law's purview.
• This refers to the widespread agreement and acknowledgment that rules like those outlined in the Hague and Geneva Conventions set limits and standards for how hostilities should be carried out, particularly in terms of treatment of civilians and prisoners of war.

The Pact of Paris brought about no change in the status of war:

• The Pact of Paris, also known as the Kellogg-Briand Pact of 1928, aimed to renounce war as an instrument of national policy.
• However, Dr. Pal expressed skepticism about its practical impact, suggesting that it did not materially alter the legal or moral status of war.
• He viewed the pact as ineffective in preventing future conflicts or holding aggressive nations accountable under international law, as evidenced by World War II's outbreak and the conduct of Axis powers.

In summary, Dr. Radha Binod Pal's dissent in the Tokyo Trial was complex and nuanced, criticizing the retroactive application of post-war legal standards to judge the conduct of the Axis powers while also pointing out the limitations of international law at the time in governing the state of war and the conduct of nations. His viewpoints underline the challenges and debates around the evolution of international law concerning war and wartime conduct.

Key Points

To determine the chronological order of the events listed, let's examine each one and place them in historical context:

Treaty of Westphalia (1648): This treaty ended the Thirty Years' War in the Holy Roman Empire and the Eighty Years' War between Spain and the Dutch Republic, marking the beginning of the state system of Europe.

Brussels Conference:The Brussels Conference Act of 1890 was a collection of anti-slavery measures signed in Brussels on 2 July 1890 to, as the act itself puts it, "put an end to Negro Slave Trade by land as well as by sea, and to improve the moral and material conditions of existence of the native races

Kellogg-Briand Pact (1928): Named incorrectly in the question as "Kellogg Brand port," this was an international agreement in which signatory states promised not to use war to resolve disputes or conflicts.

Monterideo Convention (1933): This convention established the definitions of statehood and criteria for state recognition. 

Convention Relating to the Status of Refugees (1951): This convention defined the term 'refugee' and outlined the rights of the displaced, as well as the legal obligations of states to protect them.

Given the correct historical context and dates, the chronological order of these events is:

4 (A, C, B, E, D)