INTERNATIONAL LAW NOTES (HOT POINTS) BY AAMIR MAHAR
INTERNATIONAL LAW
HOT POINTS
(MCQS CAPSULE 2000-17)
PREPARED BY AAMIR MAHAR
(Fb Group: Future Bureaucrats of Pakistan)
 In international law, a „state‟ is a recognised
and independent country or nation.
 The father of International Law is considered to
be: Hugo Grotius
 The modern system of international law
developed in Europe from the 17th century
onwards and is now accepted by all countries
around the world.
 A „legal person‟ is an entity on which a legal
system confers rights and imposes duties. It
includes a natural person and an artificial or
statutory body, such as a company.
 Ad hoc means „for a particular purpose‟ or „as
needed‟.
 Domestic (municipal or national) law, the law
within a State, is concerned with the rights
and duties of legal persons within the State.
 There is no supreme law-making body in
international law. Treaties are negotiated
between States on an ad hoc basis and only
bind States which are parties to a treaty.
 The General Assembly of the United Nations
is not a law-making body, and so its
resolutions are not legally binding. However,
UN Security Council resolutions to take action
with respect to threats to peace, breaches of
the peace, and acts of aggression, are binding
on the 192 member States.
 In Australia, domestic law is made by
legislation passed by the parliaments of the
Commonwealth, states and territories, and by
common law principles developed by the
courts.
 In 1990–91 when Iraq invaded and occupied
Kuwait the international community used
armed force to enforce international law
(resolutions of the Security Council).
Subsequent controversy about the use of
armed force against Iraq highlights how
difficult it can be to obtain the necessary
authorisation from the Security Council under
the United Nations Charter.
 INTERNATIONAL LAW NOTES (HOT POINTS) BY AAMIR MAHAR
 Non-governmental Organisations (NGOs):
Organisations such as Amnesty International
and Greenpeace are known as „NGOs‟ (non-
governmental organisations). They do not
have international legal personality, but are
involved in international political activity, and
on some occasions have taken part in
international activities as members of a State
delegation.
 Harmonisation: Neither monism nor dualism
can adequately explain the relationship
between international and domestic law, and
alternative theories have developed which
regard international law as having
harmonisation role. If there is a confict,
domestic law is applied within the domestic
legal system, leaving the State responsible at
the international level for any breach of its
international law obligations.
 The Vienna convention on Diplomatic Relations
was adopted in: 1961
 Dualism: This theory holds that international
law and domestic law are separate bodies of
law, operating independently of each other.
Under dualism, rules and principles of
international law cannot operate directly in
domestic law, and must be transformed or
incorporated into domestic law before they
can affect individual rights and obligations.
The main differences between international
and domestic law are thought to be the sources
of law, its subjects, and subject matter.
International law derives from the collective
will of States, its subjects are the States
themselves, and its subject matter is the
relations between States. Domestic law derives
from the will of the sovereign or the State, its
subjects are the individuals within the State,
and its subject matter is the relations of
individuals with each other and with
government.
 National liberation movements: The
Palestine Liberation Organisation and
Polisario (representing the people of Western
Sahara, occupied by Morocco) are examples of
organisations having a limited international
personality through recognition by some
States, or the United Nations, as
representatives of their peoples.
 The International court of justice was
established: 1945
 A state has the right to use force in case of:
Armed attack
 A treaty is a written legal document
(instrument) agreed between states and
governed by international law. It may be in
the form of a single instrument, or two or
more related instruments. Although often used
interchangeably, the term „convention‟ is
usually reserved for multilateral agreements,
such as the hague, geneva and Vienna
conventions. Treaties can also be called
agreements, protocols or instruments.
 The Vienna Convention on the Law of
Treaties came into force on 27 January 1980.
 Entry into force – the terms of a treaty will
usually specify how and when it comes into
force. Many multilateral treaties require that a
specified number of States consent to be bound
before the treaty can enter into force. An
example is the 1982 UN Law of the Sea
Convention, which required 60 ratifications
before it came into force in 1994.
 Treaties are binding – the principle of pacta
sunt servanda (from Latin, meaning
„agreements are to be kept‟ or „treaties are
binding‟).
 Jus cogens: There are some principles of
international law, however, that have become
so widely accepted that they are now
considered to be fundamental principles and
rules that may not be altered or broken. Such
principles currently include the prohibitions
against slavery and torture, genocide, the use
of armed force, and piracy on the high seas;
and more positively, the principle of racial
non-discrimination; and, the right to self-
determination. These principles of
international law are known as jus cogens. In
Latin this means „compelling law‟ and refers
to so-called „peremptory norms‟ of general
international law. In time, new principles may
become part of the jus cogens. Not every
principle of international law has the status of
jus cogens.
 INTERNATIONAL LAW NOTES (HOT POINTS) BY AAMIR MAHAR
 ILO (International Labour Organisation)
formulates policies and programs to improve
working conditions and employment
opportunities, and sets labour standards used
by countries around the world.
 FAO (Food and Agriculture Organisation)
works to improve agricultural productivity and
food security, and to improve living standards
of rural populations.
 UNESCO (UN Educational, Scientifc and
Cultural Organisation) promotes education
for all, cultural development, protection of the
world‟s natural and cultural heritage,
international cooperation in science, press
freedom and communication.
 WHO (World Health Organisation)
coordinates programs aimed at solving health
problems and the attainment by all people of
the highest possible level of health. It works in
areas such as immunisation, health education
and the provision of essential drugs.
 World Bank group – Provides loans and
technical assistance to developing countries to
reduce poverty and advance sustainable
economic growth.
 IMF (International Monetary Fund)
facilitates international monetary co-operation
and fnancial stability and provides a
permanent forum for consultation, advice and
assistance on fnancial issues.
 ICAO (International Civil Aviation
Organisation) sets international standards for
the safety, security and effciency of air
transport and co-ordinates international co-
operation in all areas of civil aviation.
 UPU (Universal Postal Union) establishes
international regulations for postal services,
provides technical assistance and promotes co-
operation in postal matters.
 ITU (International Telecommunication
Union) fosters international co-operation to
improve telecommunications of all kinds, co-
ordinates usage of radio and TV frequencies,
promotes safety measures and conducts
research.
 WMO (World Meteorological Organisation)
promotes scientifc research on the Earth‟s
atmosphere and on climate change and
facilitates the global exchange of
meteorological data.
 IMO (International Maritime Organisation)
works to improve international shipping
procedures, raise standards in marine safety
and reduce marine pollution by ships.
 WIPO (World Intellectual Property
Organisation) promotes international
protection of intellectual property and fosters
co-operation on copyright, trademarks,
industrial designs and patents.
 IFAD (International Fund for Agricultural
Development) mobilises financial resources to
raise food production and nutrition levels
among the poor in developing countries.
 UNIDO (UN Industrial Development
Organisation) promotes the industrial
advancement of development countries
through technical assistance, advisory services
and training.
 UNDP (UN Development Program) works to
generate and implement aid effectively,
including working with States to improve their
capacity to meet global and national
development challenges.
 IAEA (International Atomic Energy
Agency): An autonomous intergovernmental
organisation under the umbrella of the UN,
works for the safe and peaceful uses of atomic
energy. The IAEA reports annually to the UN
General Assembly and, when appropriate, to
the Security Council regarding non-
compliance by States with their safeguards
obligations as well as on matters relating to
international peace and security.
 World Trade Organisation (WTO) – The
WTO replaced the General Agreement of
Tariffs and Trade (GATT) in 1995. The
central principle of GATT was that countries
should not discriminate between imported and
locally produced goods. The WTO administers
the Technical Barriers to Trade Agreement
and the Code of Good Practice for
Standardisation, which are intended to ensure
that countries do not impose technical
regulations and standards that would be
obstacles to trade.
 INTERNATIONAL LAW NOTES (HOT POINTS) BY AAMIR MAHAR
 In 1989, APEC was formed by Australia and
Japan. There are now 21 members, including
the USA, China, Japan, Indonesia, Malaysia,
Mexico and Russia.
 One of the principal functions of the law of the
sea is to balance the competing interests
arising from different uses of the sea, such as
navigation, fishing, scientific research and
waste disposal.
 First UN Conference on the Law of the Sea
was held in 1958, and the UN Convention on
the Law of the Sea 1982 (UNCLOS), which
entered into force in 1994.
 „Prorogue‟ means to terminate a session of
parliament, which places it in recess and
causes all unfinished business before it to
lapse. It differs from dissolving a parliament in
that a prorogued parliament may be called
back.
 Foreign warships have: The right of innocent
passage in the Territorial waters.
 A state has the right to exploit in the continental
shelf: Both Living and non-Living resources
 The principle of rebus sic stantibus means:
Fundamental change of circumstances
 A diplomatic agent is immuned from local
jurisdiction: in all cases.
 The doctrine, which accepted the "Law of
Nature" as an independent source of rules of the
law of nations, was propounded by:
Grotius
 The permanent court of arbitration was
established by: The Hague Conferences of 1899
and 1907
 "International Law is not true Law but positive
international morality only". Who said it? Austin
 "Treates are the supreme law of the land". Where
is it laid down? Statute of the ICJ
 When was Monroe Doctrine originally
announced? 1823
 A Vasal State is: One which is completely under
the suzerainty of another State
 A Condominium is: A particular territory over
which joint dominion is exercised by two or
more external powers.
 ANZUS stands for: Association for security
purpose of Australia, New Zealand and the
United States.
 IAEA is used for: International Atomic energy
Agency
 What is Contraband? Goods which may assist an
enemy in the conduct of war.
 The principle of exhaustion of local remedies is
related to: State responsibility
 The headquarters of The United Nations is
located at: New York
 The permanent Court of International Justice has
its headquarter at: The Hague
 The headquarters of ICAO are located at:
Montreal
 An agreement between a State and a
multinational corporation: Not a treaty
 A member of the International Law Commission
is: Elected by the general assembly
 The term of a member of the International Law
Commission is: 5 Years
 A candidate for the International court of justice
is nominated by: The National Government.
 A Judge of the ICJ is elected by:
Both the general assembly and the Security
council
 The Security council consists of:
15 members
 An ad-hoc judge of the ICJ is: Appointed by the
State
 Tobar doctrine is related to: The recognition of a
Government
 The Vienna convention of consular relations was
adopted in: 1961
 The territorial waters of State may extend up to:
200 miles
 A land-locked State: cannot fly its own flag
 The definition of aggression was adopted in:
1974
 The baseline is line from which the limits of:
Maritime zones are measured
 The theory of absolute territorial sovereignty:
Advocates for exclusive right of the territorial
State over water resources of an international
river.
 The doctrine of “inter-temporal law" means that
the principle of natural justice takes precedence
over other rules.
 The Eastern Greenland case rose between:
Norway and Denmark
 WIPO: World Intellectual Property
Organization
 ICAO: International Civil Aviation
Organization
 IBRD: International Bank of Reconstruction for
Development
 INTERNATIONAL LAW NOTES (HOT POINTS) BY AAMIR MAHAR
 Provisions of Municipal Law are enforceable in  The General Assembly is: The Principle Organ
international -relations if they are not in conflict of UNO
with international law.  League of Nations was not joined by:
 Foreign diplomatic envoys enjoy absolute
USA
immunity from local jurisdiction in; both civil
 Judges of the ICJ are: Elected by the General
and criminal matters.
Assembly and the Security Council
 The Right of innocent passage is available
 Under the Convention of the Law of the Sea, the
to: Foreign ships.
breadth of the Territorial Sea is: 12 nautical
 Non-permanent members of the U.N. Security
miles
Council are elected for a period‟ of: two years.
 A state can use force: In its own defence
 A successor state is legally bound to:
 Diplomatic relations are established by:
only selected obligations.
Mutual agreement
 A lower riparian state: Has right to share water
 Rights of hand-locked states are governed by
on an equitable basis.
Convention on the Law of Sea
 The Charter of the U.N. was drawn up by: San
 Vienna Congress took place in: 1815
Francisco Conference 1945.
 Universal Declaration of Human Rights was
 Universal Declaration on Human Rights was
signed in: 1948
adopted in: 1948
 The United Nation is: A creation of Member
 The judges of the I.C.J. are elected by:
States
the U.N. Security Council & the U.N. General
 Territorial asylum is: An exercise of territorial
Assembly
sovereignty
 Territorial Waters are: Waters within the
 A state is not bound to do so
territorial limits of a state.
 Minquires and Ecrehos case was decided by
 A state is admitted to the membership of the‟
ICJ (1950)
U.N. by: the General Assembly
 The eruption of war termination: Only political
 Advisory opinion from the I.C.J. can be sought
treaties
by: the U.N. & the States
 International Law can: provide moral support to
 A state is exempted from the jurisdiction of the
an issue in dispute
local courts in another state: by virtue of its
 The concept of State immunity is: An attitude of
sovereign status
territorial sovereignty
 The offence of piracy is subject to the jurisdiction
 The Continuity of states us International Legal
of: all the states.
Persons is: Not affected by change of
 A Continental Shelf is situated beneath the sea
government
level at the approximate depth of: 200 meters
 Harmon Doctrine is: was renounced before it
 Foreign sovereign ships sailing/anchoring in the
could take roots in International Law
coastal waters of another state are: subject to the
 Vital change of circumstances renders a treaty
law of both states.
invalid
 In case an alien is injured in a foreign state, it is
 In Pakistan the limit of the territorial waters is:
the right of the: state of the nationality of the
12
injured alien.
 A diplomatic agent is immune from local
 Extradition is the process of: handing over a
jurisdiction: In all cases
person accused or convict of a crime by a state to
 Contiguous Zone in Pakistan is adjacent to and
the demanding state.
beyond the territorial waters and extending
 The Economic and Social Council is: an organ of
seawards to a time 24.
the U.N.
 The width of the partition belt is generally
 Subject of International Law are: States &
recognized to be 3 miles
Individuals
 The Estrada Doctrine relates to: Recognition of a
government
 INTERNATIONAL LAW NOTES (HOT POINTS) BY AAMIR MAHAR
 The term of judges of the International Court of
Justice is: 9 years
 Extradition is normally granted: In criminal
cases
 Foreign ships have the right of innocent passage
in the Territorial Waters
 A State has the right to use force for Armed
attack
 International Court of Justice was established in:
1945
 The Vienna Convention on Diplomatic
Relations was adopted in: 1961
 A State has complete immunity from the
jurisdiction of foreign courts in: All cases
 International Law Commission is a body to:
Codify International Law
 The first case taken up by the International Court
of Justice was: Corfu Channel
 A state can nationalize foreign property after
paying compensation
 Diplomatic Asylum means Asylum provided by
a diplomatic mission
 Minister Resident are lower in rank than that of
the Minister Plenipotentiary
 A State has the right to exploit in the Continental
Shelf: Both living and non-living resources
 The principle of rebus sie steatibus means
Fundamental change of circumstances
 The Schooner Exchange case dealt with the
principle of a State‟s Courts have to accept the
validity of a foreign State‟s acts.
 Hague Convention of 1970 dealt in properly with
the crimes relating to: Hijacking
 De facto Recognition is Circumstantial
Recognition
 The limit of the Territorial Waters of Pakistan is:
12 nautical miles
 Continental Shelf of Pakistan may extend upto a
distance of 200 nautical miles
 Exclusive Economic Zone of Pakistan is an area
beyond and adjacent to the territorial waters the
limit of which is 200 nautical miles
 According to the “Floating island Theory”, a
floating island is: A ship bearing the national flag
of a State
 In procedural matters the decisions of the
Security Council are made by an affirmative
votes of any: 9 members
 Extradition is normally granted: In criminal
cases
 What is Contrabands? Goods which may assist
an enemy in the conduct of war
 Diplomatic Asylum means: Asylum provided by
a diplomatic mission
 The International Law Commission is a body to
Codify International Law
 The width of the maritime belt is generally
recognize to be 3 miles
 The term of judges of International Court of
Justice is nine years
 Tobar Doctrine is related to the recognition of a
government
 Conference of Bogota was held in 1948.
 Vienna Conference of 1961 is related to:
Diplomatic inter course and immunities
 Who is called „the father of International Law‟?
Hago Grotius
 A landlocked state is: Surrounded by land from
all sides
 The Alabama Claims Arbitration case was
decided in 1872.
 The Convention for the protection of the Ozone
Layer was done on March 22, 1985
 Culvo Clause means: A state can intervene on
behalf of its nationals.
 Diplomatic relations are established by
Mutual consent
 Eruption of war terminates: Only political
treaties
 Foreign ships sailing and anchoring in the
coastal waters of another state are: Subject to the
law of both the States
 Piracy is an offense within the jurisdiction of
the: All the States
 Territorial Waters are waters Adjacent to the
contiguous Zone
 Non-Permanent members of the Security
Council are elected for a period of 2 years
 The Montreal Convention for the safety of Civil
Aviation was signed in 1971
 Diplomatic staff enjoys complete immunity
from: Civil Jurisdiction & Criminal Jurisdiction
 Number of Judges of International Court of
Justice is: Fifteen
 Permanent Court of International Justice was
established under League of Nations
 INTERNATIONAL LAW NOTES (HOT POINTS) BY AAMIR MAHAR
 Pacta Sunt Servanda means: Treaties between  Principal of “double criminality” means that the
states are to be respected offence for which a person is extradited must be
 Headquarters of International Court of Justice is an offence in both the states.
in Hague  One of the modes of acquiring state territory is:
 Principles Jes Soli means: Grant of nationality occupation.
on the basis of place birth  The name of the present secretary general of the
 Much of international law is derived through UN is: Ban ke Mon
analogy from Roman law  The term Men of War signifies:A warship
 Vienna Convention on Law of Treaties was  Albama claim arbritation determines the
signed in 1969. principles of: Neutrality
 Truce mean: A temporary arrangement between  Decision of arbritation is: Binding on parties
the belligerent parties for cessation of hostilities  Indo-Pakistan conflict in 1965 was a: War
 Declaration is a treaty between the contracting  Nationality of a women as a result of marriage
parties which is not needed to be ratified. with a foreigner is changed
 Kellog Briand Pact or Paris Peace Treaty was  Tashkent declaration between india and Pakistan
signed in 1928. in 1966 by USSR was a: Mediation
 Recognition of new States is a matter of Policy of  Geneva convention for POWs was signed in:
the State 1949 (Also called 3rd Geneva)
 To get asylum in a foreign state by an  Armed attack on enemy fall under: Intervention
individual is his basic right  Briand-Kellog pact was signed in Paris in:
 Diplomatic envoys in the receiving state are 1928 (27 August 1928)
given immunity from both criminal and civil  Universal declaration of Human rights was
jurisdiction passed by: UN General Assembly in 1948
 Territorial sea of a State is under its total control  Concept of state will was first time given by:
 Bynkershock principle is related to: Hegel
Measurement of maritime belt.  Primary responsibility for Human Rights
 Inquiry – an investigation of the points in question is given by the UN Charter to:
question, on the theory that their elucidation ECOSOC
will contribute to the solution of the
differences between the parties. The findings
of the party making the inquiry are not
conclusive upon the disputing states but they
nevertheless may exert a strong moral influence
in the settlement of the conflict.
 Embargo- detention by the state seeking
redress of the vessels of the offending state or
its nationals, whether such vessels are formed in
the territory of the former or the high seas.
 UNITING FOR PEACE RESOLUTION
(1950)- it provides that if the Security Council,
because of lack of unanimity of the permanent
members, fails to exercise its primary
responsibility for the maintenance of peace and
security in any case where there appears to
be threat to the peace, breach of peace, or
act of aggression, the General Assembly shall
consider the matter immediately.