国际商法英答案和解析1testbank

1、Chapter 1Introduction to International and Comparative LawA. WHAT IS INTERNATIONAL LAW?1. International law is the body of rules and norms that regulates activities carried on outside the legal boundaries of nations.Answer: True2. In contemporary international law, the division between public and pr

2、ivate law is precise and well defined.Answer: False3. International law is not really law since there is no worldwide legislature to enact it.Answer: False4. Comity is the practice, or courtesy, between nations of treating each other with goodwill and civility.Answer: True5. Comity is not law becaus

3、e countries do not regard it as something they are required to respect.Answer: True6. International law regulates relationships between:a. states and states.b. states and persons.c. persons and persons.d. All of the above.e. Both a. and b. above.Answer: d7. Which of the following is an example/are e

4、xamples of the subject matter of public international law?a.Contracts and sales.b.Securities regulations.c.State succession.d.All of the above.e.None of the above.Answer: c8.Which of the following is an example/are examples of the subject matter of privateinternational law?a.Antitrust.b.Nationality.

5、c.State responsibility to aliens.d.All of the above.e.Both a. and b. above.Answer:9.Law is:a.a rule established by authority, society, or custom.b.a body or system of rules.c.the control or authority imposed by a system of rules.d.All of the above.e.None of the above.Answer: dB. THE MAKING OF INTERN

6、ATIONAL LAW10. Despite the lack of international law-making machinery, states function informally as both lobbyists and legislators.Answer: True11. International law exists when there is a consensus of the international community.Answer: True12. Unratified treaties and reports of international agenc

7、ies are sometimes cited as evidence of a trend toward the development of a rule of international law.Answer: True13. Case law derived from the decisions of arbitration tribunals hearing disputes between private parties is never used as a source of international law rules.Answer: False14. Evidence of

8、 the general consent of the international community to the existence of a rule of international law can be found in:a. decisions of the International Court of Justice.b. resolutions passed by the UN General Assembly.c. the conduct and practices of states in their dealings between themselves.d. All o

9、f the above.e. Both a. and c.Answer: dC. SOURCES OF INTERNATIONAL LAW15. The sources of international law which Article 38(1) of the Statute of the International Court of Justice states that the court is permitted to use in settling disputes are:a.general principles of ernational convention

10、s.c.the case law of municipal courts.d.All of the above.e.Both a. and b. aboveAnswer: d16. In determining whether a practice has become a rule of international customary law Article 38(1) of the Statute of the International Court of Justice states that the court ispermitted to look to:a.economic tre

11、nds.b.historical records.c.teachings of legal writers.d.All of the above.e.Both a. and b. above.Answer: c17. Which of the following sources of international law does the International Court ofJustice normally regard as the most authoritative?a.Customary international law.b.General principles of law.

12、c.International conventions.d.Judicial decisions.e.Teachings of legal writers.Answer: c1. Treaties and Conventions18. The customary rules that govern treaties are now codified in the Vienna Convention on the Law of Treaties.Answer: True19. Treaties and conventions have binding effect because:a. one

13、country fears that if it does not respect its promises, other countries will not respect their promises.b. states that fail to observe them may be fined or otherwise punished by the International Court of Justice.c. states that fail to observe them will lose their membership in the United Nations.d.

14、 All of the above.Answer: a20. The Vienna Convention on the Law of Treaties applies to treaties and conventions that:a. are governed by municipal law.b. are in writing.c. are made orally.d. relate to international organizations.e. All of the above.Answer: b2. Custom21. Once adopted, customary rules

15、of international law are seldom changed.Answer: False22. To establish the existence of a customary rule of international law, one must show that the international community has observed the rule for a long period of time.Answer: False23. To establish the existence of a customary rule of internationa

16、l law, one must show that the entire international community has given its consent to the rule.Answer: False24. To establish the existence of a customary rule of international law, one must show:a. opinio juris et necessitatis.b. pacta sunt servanda.c. rebus sic standibus.d. waiver.e. None of the ab

17、ove.Answer: a25. In The Lotus Case, Turkey had begun prosecution of the officers on a French ship who had been involved in a collision with a Turkish ship. France brought suit in the Permanent Court of International Justice (PCIJ) claiming that customary international law allowed only the state whos

18、e ship the officers were aboard to prosecute them. The PCIJ ruled against France because:a. in previous similar cases, the states which had acted as France suggested had not done so because they thought they were obliged to do so.b. the rule which France suggested had become custom had only been obs

19、erved by a few states.c. the rule which France suggested had become custom had only been observed for a few years.d. All of the above were reasons given by the PCIJ.e. None of the above is a correct answer.Answer: a26. Which of the following states is not required to observe a particular rule of cus

20、tomary international law?a. A persistent objector.b. A state that has recently acquired its independence following the division of its predecessor state.c. A superpower.d. All of the above.Answer: a3. General Principles27. General principles of international law are based on legal rules that are com

21、mon to both (or all) the state parties to a dispute.Answer: TrueD. THE SCOPE OF INTERNATIONAL LAW IN ACTUAL PRACTICE1. The Practice in International Tribunals28. In international tribunals, municipal law is regarded as being correlative with international law.Answer: False29. International tribunals

22、 generally regard states as having an obligation to bring their municipal law into compliance with international norms.Answer: True30. In international tribunals,a. municipal laws are treated as“mere facts. ”b. municipal laws will not be declared either void or valid.c. municipal laws will not be in

23、terpreted.d. the parties must prove what the municipal law is.e. All of the above.Answer: e 2. The Practice in Municipal Courts31. In municipal courts, international law is generally treated as being subservient.Answer: False32. According to the doctrine of incorporation, customary international law

24、s are treated as adopted by a municipal court to the extent that they are not inconsistent with prior municipal legislation or judicial decisions of final authority.Answer: True33. According to the doctrine of transformation, customary international laws are not applicable in a municipal court until

25、 they are clearly adopted by legislative action, judicial decision, or established local usage.Answer: True34. A self-executing treaty is one that contains a provision that says the treaty will apply in the parties municipal courts once the parties have adopted domestic enablinglegislation.Answer: F

26、alse35. Once a municipal court determines that a particular rule of international law is applicable in a particular case, that law will be treated as law and not as a fact.Answer: True36. When a municipal court acts to determine if a particular rule of international law has been received into the lo

27、cal jurisprudence, it will (in most countries) apply the doctrine of:a. immaculate conception.b. incorporation.c. resuscitation.d. transformation.Answer: b37. In the United States, a treaty adopted by authority of the President alone (i.e., without the consent of the Senate) is known as a/an:a.const

28、itutional convention.b.executive agreement.c.presidential treaty.d.Truman treaty.e.None of the above.Answer: b38. In the United Kingdom, treaties are made by:a. the Crown (i.e., the executive).b. the prime minister with the approval of the foreign secretary.c. the prime minister with the approval of

29、 the queen.d. None of the above.Answer: aE. INTERNATIONAL PERSONS1. States39. Recognition of a government is usually made in a bilateral agreement.Answer: False40. Recognition implies that the recognized state or government is entitled to all of the rights and privileges granted by international law

30、.Answer: True41. To avoid any possible connotation that recognition also means approval, many governments have adopted the Estrada Doctrine of never formally recognizing other governments.Answer: True42. Territorial sovereignty is the absolute and unqualified right of a state to exercise its functio

31、ns within a territory.Answer: False43. Title to newly acquired territory may be confirmed by estoppel.Answer: True44. A successor state is not bound by the“ dispositive ” treaties made by its predecessorAnswer: False45. When State A and State B merge to form State C, State C and the other state part

32、ies to a treaty made by State A can agree either to terminate the treaty or extend it to the whole territory of the new state.Answer: True46. When State A and State B merge to form State C, State C will no longer be bound by a treaty made by State A if its object and purpose can no longer be accompl

33、ished.Answer: True47. When a part of the territory of State X shifts and becomes part of the territory of State Y, the treaties made by State X continue to apply to that territory.Answer: False48. Nationals of a territory that is acquired by a successor state will keep the nationality of the predece

34、ssor state unless a different result is agreed to in a treaty of cession or by municipal legislation.Answer: True49. State A disintegrates into States B and State C. The public property of State A located in State D becomes the property of D.Answer: False50. Private property rights of individuals do

35、 not lapse because of a change in government.Answer: True51. A successor state is not bound by the private contractual obligations of its predecessors.Answer: False52. State Q disintegrates into State R and State S. State R and State S are both responsible for State Q s national debt.Answer: True53.

36、 A state is an international person with:a. a government.b. a population.c. a territory.d. All of the above.e. Both a. and b.Answer: d54. A state that lacks some attribute (i.e., territory, population, or government) required for it to be treated as a fully independent state is known as a/an:a.depen

37、dent state.b.developing state.c.inchoate state.d.non-state.e.underdeveloped state.Answer: c55. “ The legal existence of a government happens automatically by operation of lawwhenever a government is capable of controlling a territory and its people.” This isstatement of the:a. constitutive doctrine.

38、b. declaratory doctrine.c. Estrada doctrine.d. recognitive doctrine.e. None of the above.Answer: b56. “ A government does not truly come into existence until such time as it is recognized by other states and participates in the internaotinal arena. ” This is a statement of the:a.constitutive doctrin

39、e.b.declaratory doctrine.c.Estrada doctrine.d.participatory doctrine.e.None of the above.Answer: a57.The right of all states to transit the Suez and Panama canals is an example of a/an:a.easement.b.license.c.negative servitude.d.positive fit a prendre.Answer: d58.States may lawfully a

40、cquire territory by:a.force from another state.b.occupying land not claimed by another sovereign.c.the mutually agreed to transfer from another sovereign.d.All of the above.e.Both b. and c. above.Answer: e59.State A and State B merge to form new State C. As to the treaties that had been inforce in S

41、tate A,a.only those that were dispositive treaties continue to be in force.b.they are in force throughout State C.c.they are no longer in force.d.they continue to be in force in that part of State C that used to be State A.e.None of the above.Answer: d60. “ When a new state comes inbtoe ing through

42、decolonization, the ex-colony startswith no obligation to succeed to the treaties of its former colonial power.” This isas the:a.clean slate doctrine.b.divorcement policy.c.ex parte doctrine.d.fresh start rule.e.None of the above.Answer: a61. State Q disintegrated into State R and State S. As to the

43、 treaties that had been in force in State Q,a. only those that were dispositive treaties continue to be in force.b. they are no longer in force.c. they are no longer in force if State Q was a colonial power.d. they continue to be in force in both State R and State S to the extent they are applicable

44、.e. None of the above.Answer: d2. International Organizationsa. Intergovernmental Organizations62. An intergovernmental organization is a permanent organization set up by two or more states to carry on activities of common interest.Answer: True63. The capacity of an intergovernmental organization to

45、 carry on diplomatic relations with a state or to sue or be sued in an international or municipal court is acquired by recognition.Answer: True64. According to most authorities, an intergovernmental organization is not to be recognized as having the capacity of an international person by one of its

46、member states until the government of that state certifies that it has such capacity.Answer: False65. According to most authorities, an intergovernmental organization is not to be recognized as having the capacity of an international person by a non-member state until the government of that state ce

47、rtifies that it has such capacity.Answer: True66. Which of the following is NOT a characteristic common to intergovernmental organizations?a. They are created by two or more states.b. They are meant to pursue interests common to their creators.c. They function autonomously as independent internation

48、al persons.d. They operate through branches and subsidiaries around the world.e. None of the above is a correct answer.Answer: d1) United Nations67. The general philosophy underlying the Charter of the United Nations is that the relationships of the nations of the world are to be governed by the rul

49、e of law.Answer: True68. The phrase “ United Nations System ” refers to the rules of international law enacted by the General Assembly of the United Nations.Answer: False69. Which of the following are goals of the United Nations?a. Maintenance of peace and security in the world.b. Promotion of econo

50、mic and social cooperation.c. Protection of human rights.d. All of the above.e. Both a. and c. above.Answer: d70. Which of the following organs of the United Nations may authorize the use of armedforce?a.Economic and Social Councilb.General Assembly.c.International Court of Justice.d.Secretariat.e.S

51、ecurity Council.Answer: e71. Which of the following organs of the United Nations is primarily responsible for promoting respect for human rights?a. Economic and Social Council.b. General Assembly.c. International Court of Justice.d. Secretariat.e. Security Council.Answer: a2) European Union72. The C

52、ouncil of the European Union is the principal European Union rule maker.Answer: True73. The Council of the European Union may enact rules without consulting the European Parliament.Answer: False74. The Council of the European Union may only act on proposals brought to it by the European Commission.A

53、nswer: True75. The European Parliament must approve all of the international treaties that theEuropean Union enters into.Answer: True76. The European Parliament lacks true legislative powers.Answer: True77. The European Committee of Regions must be consulted on matters dealing with defense, internal

54、 security, and public policy.Answer: False78. The European Economic and Social Council can adopt rules and issue directives independently of the Council of the European Union and European Commission.Answer: True79. The European Court of Justice can hear appeals from the European Court of FirstInstan

55、ce.Answer: True80. The European Central Bank is responsible for carrying out the European Union smonetary policy.Answer: True81. The European Court of Auditors hears disputes involving the amount of taxes owed by private persons.Answer: False82. Which of the following is not a member state of the Eu

56、ropean Union?a.Austria.b.Belgiumc.Greece.d.Norway.e.PortugalAnswer: d83. Which of the following is a constituent treaty of the European Union?a. European Atomic Energy Community Treaty of 1957.b. European Coal and Steel Community Treaty of 1951.c. European Economic Community Treaty of 1957.d. All of the above.e. Both b. and c. above.Answer: d84. When one speaks of the“ supernational pow