13年国际法B卷

东莞理工学院（本科）试卷（ B 卷） 2012 –2013 学年第 2 学期 《国际法学》试卷 开课单位： 政法学院 ，考试形式：开卷，允许带教材入场

PARTⅠJudgment Directions: There are 10 statements in this part. If it is true according to the texts put a “T”; if it is false put a “F”. ( 25%;each 2.5%) 1. There is no legislature within international law. T 2. International custom is the oldest source of international law. T 3. Treaty contracts are the treaties which are created between a large number of states and has universal application. F 4. The psychological element of international custom is state practice . F 5. Taiwan can be considered as a subject of international law . F 6. Subjects of international law possess international personality. T 7. Microsoft company and Sony group are subjects of international law. F 8. The declaratory theory of recognition of states holds that recognition is essential to the creation of statehood . F 9. The decision of International Court is enforced by the court itself. TF 10.De facto recognition means the recognizing state is willing to establish formal and long-term relationship with the recognized state. F PARTⅡ Choose the proper answer. (only one right answer) Directions: There are 10 incomplete sentences in this part. For each sentence there are four choices marked a)，b)，c) and d). Choose the one that is right. ( 25% ;each 2.5%) 11. Which of the following is true? B a. Res communis means the land which belongs to a certain state. b. Res communis means the land which belongs to all the humankind. c .The high seas can be regarded as terra nullius. d. the outer space can be regarded as terra nullius.

12. Which of the following is right about acquisition of territory? B

a. Discovery can make a state have sovereignty over terra nullis..

b. Discovery alone can not make a state have sovereignty over terra nullis.

c. Occupation of terra nullius is not a way of acquisition of territory.

d. Occupation of terra nullius is the only way of acquisition of territory.

13.Which of the following about the territorial principle of jurisdiction is right? C

a. The territorial principle means a state is capable of exercising jurisdiction

over crimes outside its territory.

b. The territorial principle means a state is capable of exercising jurisdiction

over crimes outside and inside its territory.

c. The territorial principle means a state is capable of exercising jurisdiction

over crimes inside its territory

d. The territorial principle means a state is capable of exercising jurisdiction

over crimes committed by its nationals.

14. Which of the following about the nationality principle of jurisdiction is right? B

a. The nationality principle allows a state to claim jurisdiction over crimes

committed by foreigners within its territory.

b. The nationality principle allows a state to claim jurisdiction over crimes

committed by its national abroad.

c. The nationality principle allows a state to claim jurisdiction over crimes

committed by foreigners abroad.

d. The nationality principle allows a state to claim jurisdiction over crimes

committed by foreigners and national abroad.

15. Which of the following about the universality principle of jurisdiction is right? C

a. Under the universality principle, only the state within which the crime is

committed has the right to claim jurisdiction .

b. Under the universality principle, only the state whose national committed the

crime has the right to claim jurisdiction.

c. Under the universality principle, every state can claim jurisdiction over the

crime.

d. Under the universality principle, only the state within which the victim lives

has the right to claim jurisdiction. .

16. Which of the following is not the crime which can be categorized subject to the

universality jurisdiction? C

a. Piracy. b. Slave trading.

c. Corruption. d. War crimes.

17. Which of the following is right about extradition? A

a. The process of extradition involves two conditions: a extraditable crime and

an extraditable person.

b. The process of extradition involves only one condition: a extraditable crime.

c. The process of extradition involves only one condition: a extraditable person. d. The process of extradition involves only one condition: a extraditable crime

or an extraditable person..

18. Which of the following is right about state immunity ? A

a. The theory of absolute immunity holds the state is completely immune from

foreign jurisdiction in any case.

b. The theory of restrictive immunity holds the state is completely immune from

foreign jurisdiction in any case.

c. Under the theory of absolute immunity, governmental acts are distinguished

from trade activity.

d. The theory of restrictive immunity holds the state is completely immune from

foreign jurisdiction in commercial cases.

19. Which of the following is not the way of satisfaction in international law? D

a. official apologies .

b. punishment of guilty minor officials.

c. formal acknowledgment of the unlawful character of an act

d. monetary compensation.

20. Which of the following is right about treaty? C

a. A province can make a treaty.

b. An individual can make a treaty.

c. A state can make a treaty.

d. Security council of the UN can make a treaty. . .

PART Ⅲ Choose the proper answers. (no less than two right answers)

Directions: There are 10 incomplete sentences in this part. For each sentence there

are four choices marked a)，b)，c) and d). There are more than one right answer;

choose the right ones. ( 25% ;each 2.5%)

21 The following are right except:

a. A treaty is a unilateral declaration.

b. The Vienna Convention on the Law of Treaties 1969 applies to treaties made

between states and international organizations.

c. Treaties not in writing are to be governed by customary law .

d. The Vienna Convention on the Law of Treaties 1969 applies to treaties made

between states .

22. Which of the following are right about the parties of treaties?

a. A treaty must have at least two parties

b. A treaty must have at least one party .

c. States can be parties of treaties.

d. International organizations can be parties to treaties .

23. Which of the following are right about the territorial space and outer space? a. The foreign military aircraft can get into the territorial space of a state

without permission .

b. The foreign military aircraft can not get into the territorial space of a state

without permission .

c .A state can claim sovereignty to outer space as outer space is terra nullius . d. A state can not claim sovereignty to outer space as outer space is res communis.

24. Which of the following are true about the baselines?

a. The waters on the landside of the baseline are internal waters.

b. The waters on the landside of the baseline are territorial sea. .

c. There are two kinds of baselines: low-water line and straight line. .

d. There is only one kind of baseline: straight line..

25. Which of the following are true about innocent passage?

a. Foreign ships can enjoy the right of innocent passage in a state’s internal

waters.

b. Foreign ships can not enjoy the right of innocent passage in a state’s internal waters. .

c Passage is innocent if it is not prejudicial to the peace ,good order or security of the coastal state.

d. Passage is no longer innocent it is conducted involving weapon practice.

26. Which of the following are right about contiguous zone?

a. Contiguous zone is established for the customs purpose.

b. Contiguous zone is established for the immigration purpose.

c. Contiguous zone is established for the sanitary purpose. .

d, Contiguous zone is established for the fiscal purpose. .

27. Which of the following are right about the EEZ?

a. The EEZ can extend to 200 nautical miles from the baselines.

b. The EEZ can extend to 350 nautical miles from the baselines.

c. Coastal state enjoys unlimited sovereign rights over the EEZ.

d. Coastal state enjoys limited sovereign rights over the EEZ.

28. Which of the following are right about the continental shelf?

a. The coastal state has no right over the continental shelf.

b. The coastal state has the exclusive rights over continental shelf for the purpose

of exploring the natural recourses.

c. The coastal state has the exclusive rights over continental shelf for the purpose

of exploiting the natural recourses.

d. The coastal state has unlimited sovereign rights over the continental shelf.

29. Which of the following are true about the high seas?

a. The high seas are terra nullius.

b The high seas are res communis

c. The high seas are open to every state for the purpose of navigation. d. The high seas are open to every state for the purpose of overflight .

30. Which of the following are right about international seabed?

a. International seabed belongs to the coastal states. b. International seabed is res communis.

c.Rights in international seabed can only be obtained with the authority of the International Seabed Authority. .

d. Rights in international seabed can only be obtained with the authority of the the UN.

Part Ⅳ Blank filling

Directions: There are 10 brackets in the following passage. Fill the brackets with right answers. ( each bracket should be filled by one word or number; 15% ;each2.5%)

(31)The ( ) Council consists of fifteen members of the UN and five of them are permanent members. .

(32) The most important subjects of international law are ( ) (33) The ( ) seabed is the common heritage of the mankind.

(34) The ( )theory of recognition holds that the satisfaction of factual criteria for statehood can legally lead to the creation of a state and recognition is just a political act.

(35) ( ) refers to the power of a state to govern people, property and situation.