13年国际法A卷

东莞理工学院（本科）试卷（ A 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 legislature within international law. F 2. International conventions are the oldest sources of international law. F 3 Law-making treaties refer to the treaties which are created between small number of states. F 4. The material element of international custom refers to state practice . T 5. States are the only subjects of international law today . F 6. Colonies can be regarded as subjects of international law . F 7. It is certain that individuals are subjects of international law. T F 8. The constitutive theory of recognition of states believes that the satisfaction of factual criteria for statehood can legally lead to the creation of a state. F 9. Security Council is a subject of international law. F 10.De facto recognition is a more formal recognition compared with De jure recognition. 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? C a. Terra nullius means the land which has already occupied by some states. b. No state can claim sovereignty to terra nullius. c . No state can claim sovereignty to res communis. d. States can claim sovereignty to res communis.

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12. Which of the following is not a way of acquisition of territory? B

a. occupation of terra nullius.

b. occupation of res communis.

c. accretion.

d. cession by will.

13. X is a national of state A, he killed a national of state B in state B and fled to state C, which of the following is right? A

a. State A can claim jurisdiction on this case.

b. State B can claim jurisdiction on this case according to nationality principle.

c. State C can claim jurisdiction on this case according to territorial principle . d. State C can claim jurisdiction on this case according to universality principle .

14. Suppose X committed crime of slave trading in state C , which of the following is right? D

a. State A can not claim jurisdiction on the case of slave trading.

b. State B can claim jurisdiction on the case of slave trading according to nationality principle.

c. State C can claim jurisdiction on the case of slave trading according to nationality principle.

d. State C can claim jurisdiction on the case of slave trading according to universality principle .

15. Which of the following about extradition is right except ? D

a. The process of extradition involves two conditions:

b. In extradition the act should be a crime in requesting state.

c. In extradition the act should be a crime in surrendering state .

d. The person surrendered to the requesting state could be tried for an offense other than the one for which he is requested. .

16. Which of the following about asylum is right except? B

a. Asylum can be territorial or extraterritorial..

b. In the case of territorial asylum, a state may grant a person asylum in diplomatic missions

c. In the case of extraterritorial asylum, a state may grant a person asylum in diplomatic missions

d. A state has right to grant territorial right, it also has right not to grant territorial right.

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17. Which of the following can not enjoy the right of immunity from jurisdiction? C

a. foreign states.

b. the heads of foreign states.

c. governors of provinces of foreign states.

d. diplomats of foreign states.

18. which of the following is not the theory about diplomatic immunity? D

a. the theory of personal representation .

b. the theory of extraterritoriality.

c. the theory of functional necessity

d. the theory of persona non grata.

19. Which of the following is wrong about state responsibility in international law?B

a. An internationally wrongful act of a state entails state responsibility.

b. A state is liable for any action taken by its governmental employees.

c. A state may be liable for a wrongful act even though it was beyond the legal capacity of the state organ involved.

d. Satisfaction includes official apologies, punishment of guilty minor officials or the formal acknowledgment of the unlawful character of an act. .

20. Which of the following is right? D

a. A treaty can be signed between a state and a company.

b A treaty can be signed between two companies .

c. A treaty can be signed between a company and an international organization. d. A treaty can be signed between a state and an international organization . .

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: BCD ACD

a. Unwritten treaty has no legal effect in international law.

b. Unwritten treaty has legal effect in international law.

c. Any agreement between states can be treaties in international law.

d. Any agreement between subjects of international law can be treaties in international law.

22. ( ABCD ) are considered as essential components of treaties.

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a. an expression of concurring wills

b. concurring wills attributable to two or more parties.

c. subjects of international law

d. an intention to produce legal effects .

23. Which of the following do not require full powers when they enter into negotiations for creating treaties? CD ABD

a. heads of states.

b. heads of governments.

c .vice minister of foreign affairs .

d. minister of foreign affairs

24. Which of the following are true about the making of treaties？ AC BD

a. The signature of the treaty is binding upon the signing parties from the date of signing under any circumstance .

b. The signature of the treaty is not necessarily binding upon the signing parties from the date of signing under any circumstance.

c. Negotiation in the making of treaty can definitely lead to the making of binding treaties. .

d. Negotiation in the making of treaty does not necessarily lead to the making of binding treaties.

25. Which of the following are true about reservations to treaties? ABD a. A reservation to treaty is a unilateral statement.

b. The purpose of reservation is to exclude or modify the legal effect of certain provisions of the treaty in their application to that state..

c A party to a treaty can make reservations to the treaty under any circumstances.

d. If the treaty explicitly forbids reservations, the parties to the treaty cannot make any reservation.

26. Which of the following are true about the application of treaties? AC

a. When a treaty specifies that it is subject to an earlier or later treaty, the provisions of that other treaty prevail. .

b. When a treaty specifies that it is subject to an earlier or later treaty, the provisions of that other treaty will not prevail.

c. When all parties to the earlier treaties are parties also to the later treaty, the

earlier treaty applies only to the extent that its provisions are compatible with those of the later treaty.

d, When all parties to the earlier treaties are parties also to the later treaty, the later

treaty applies only to the extent that its provisions are compatible with those of the earlier treaty.

27. Which of the following are basic rules of interpretation of treaties？ABCD

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a. good faith .

b. in accordance with ordinary meaning.

c. in their context.

d. in the light of its object and purpose.

28. Which of the following are sources of the law of the sea? ABD

a. the Convention on the territorial sea

b. the Convention on the continental shelf

c. the Moon Treaty

d. the 1982 Convention on the Law of the Sea

29. Which of the following are true about bays? BD

a. Bays are considered in international law territorial sea other than internal

waters.

b Bays are considered in international law internal waters other than territorial sea.

c. Historic bays are considered in international law territorial sea other than

internal waters.

d. Historic bays are considered in international law internal waters other than territorial sea.

30. Which of the following are right about internal waters ? AC

a. Internal waters are referred to as part of seas that lie on the landward side of

the baselines.

b. Internal waters are referred to as part of seas that lie on the seaward side of the baselines.

c. Foreign ships enjoy the right of innocent passage in the coastal state’s internal waters.

d. Foreign ships do not enjoy the right of innocent passage in the coastal state’s internal waters.

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 ( contiguous )zone of the sea is up to 24 miles from the baselines. (32) The ( Exclusive ) Economic zone can extend to 200 nautical miles from

the baselines.

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