115年 - 115 外交特種考試_三等_外交領事人員類科英文組二：國際公法（以英文命題及作答）#144531

科目：國際公法 | 年份：115年 | 選擇題數：20 | 申論題數：3

試卷資訊

所屬科目：國際公法

選擇題 (20)

1 Which of the following is NOT a mode of acquisition territory?
(A) Accretion. (B) Discovery. (C) Discovery and occupation. (D) Cession. 代號：11360 頁次：4－2
2 Regarding state recognition and state succession, which of the following statements is NOT correct?
(A) According to international law, precipitate recognition is not encouraged. (B) In principle, state recognition to other countries cannot be withdrawn. (C) Regarding government succession, it is generally believed that ''the principle of the continuity'' applies. (D) According to ''the Vienna Convention on Succession of States in Respect of Treaties'', a state's selected declaration for treaty succession will bind the third states.
3 In accordance with relevant international rules and practices, which of the following types of treaties
would not be affected by the succession of states and thus would continue to apply to the successor state? (A) Arbitration treaties. (B) International human rights treaties. (C) Treaties establishing demilitarization zones. (D) Treaties establishing international organizations.
4 Which of the following statements concerning nationality is correct?
(A) Rules concerning nationality are generally determined by domestic law. In terms of nationality by birth, the Nationality Act of the Republic of China adopts jus sanguinis as the primary principle and jus soli as the supplementary rule. (B) A state may not extradite its nationals to another state for investigation or trial purposes. (C) In accordance with the United Nations ICJ judgments, the state for nationality of a corporation is the state where its main location of operation is. (D) To reduce statelessness, no one shall be deprived of their nationality.
5 Persons displaced due to climate change and environmental impacts are referred to as ''climate refugees.''
Which of the following statements about climate refugees is correct? (A) According to the 1951 Convention Relating to the Status of Refugees, persons displaced by climate change shall be granted refugee status. (B) The Pairs Agreement formally includes ''climate refugees'' under its framework, marking a major advancement in international environmental and human rights law. (C) The current framework of international law lacks universally applicable protection rules and mechanisms for climate refugees. (D) The UN Human Rights Committee holds that the return of climate refugees shall fall under the UN Framework Convention on Climate Change, rather than under the International Covenant on Civil and Political Rights.
6 Which of the following statements about norms of treaty under international law is correct?
(A) After countries break off diplomatic relations, the treaty between them will automatically become invalid. (B) Countries without diplomatic relations can still conclude treaties. (C) After a treaty enters into force, the contracting state may temporarily refrain from performing treaty obligation until its domestic legislative process is completed. (D) The Vienna Convention on the Law of Treaties stipulates that unwritten agreements between states have no treaty effect.
7 Which of the following is correct with regard to the registration of treaties?
(A) In accordance with Article 102 of the Charter of the United Nations, treaties shall be registered with the Secretariat of the United Nations in order to enter into force. (B) In accordance with Article 102 of the Charter of the United Nations, treaties are subject to a registration system and those that have not been registered may not be invoked by any organ of the United Nations. (C) Article 18 of the Covenant of the League of Nations is also quoted in the Charter of the United Nations in its entirety. (D) In order to avoid the situation of secret diplomacy before the First World war, treaties must be made public on the internet.
8 The United Nations Trusteeship Council ceased to operate in November 1994. Which of the following
states was the last former colony to gain independence under its assistance? (A) Palau. (B) Tuvalu. (C) Saint Lucia. (D) Saint Vincent and the Grenadines.代號：11360
9 Which of the following statements in relation to baseline is NOT correct?
(A) The normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. (B) The straight baselines is closely related to the Fisheries Case(U.K. vs Norway) in the International Court of Justice of the United Nations. (C) The Ministry of the Interior of the R.O.C. announced the baseline of the Taiping Island after the Award of the South China Sea arbitration. (D) The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea.
10 Regarding the maritime jurisdiction under the 1982 United Nations Convention on the Law of the Sea,
which of the following statements is NOT correct? (A) All waters on the landward side of the territorial sea baseline are called internal waters. (B) The contiguous zone extends up to 24 nautical miles from the baseline of the territorial sea. (C) The exclusive economic zone shall not exceed 200 nautical miles starting from the outer edge of the contiguous zone. (D) The continental shelf shall not exceed 350 nautical miles from the baseline of the territorial sea.
11 Which of the following statements about extradition under international law is NOT correct?
(A) A country can extradite on the basis of international comity. (B) In principle, states do not extradite political prisoners. However, the requested country has the sole and final power to decide on the identification of political prisoners. (C) The obligation to extradite must be established through the conclusion of a treaty. (D) According to the principle of double criminality, the person to be extradited must also be convicted in the requested state.
12 Regarding the immunity of diplomatic representatives and their family members, which of the following
statements is correct? (A) According to the Vienna Convention on Diplomatic Relations, a personal servant of a diplomatic representative, who acts as a servant of a member of the diplomatic mission, is not a person enjoyed the immunity which covered by the Convention. (B) The immunity of a diplomatic representative from the jurisdiction of the receiving State includes de facto immunity from any liability. (C) According to the Vienna Convention on Diplomatic Relations, families of the administrative and technical staff of the embassy are exempt from the civil, criminal and administrative jurisdiction of the receiving country within the scope of their duties. (D) According to customary international law, the family members of a diplomatic representative include spouses and minor children who live together.
13 In accordance with the UN ILC Draft Articles on Responsibility of States for Internationally Wrongful
Acts, which of the following statements is NOT one of the concepts for precluding wrongfulness regarding a state's conduct? (A) Consent. (B) Sanction. (C) Self-defence. (D) Force majeure.
14 Concerning the so-called countermeasures provided in the Draft Articles on Responsibility of States for
Internationally Wrongful Acts in 2001, which of the following statements is correct? (A) The countermeasures include the use of force. (B) The principle of proportionality does not apply when using countermeasures. (C) States without direct injury are not entitled to apply countermeasures against offending States under any circumstance. (D) Countermeasures shall not affect obligations for the protection of fundamental human rights. 代號：11360 頁次：4－4
15 Regarding the rights and obligations of persons without diplomatic or consular status under international
law, which of the following statements is NOT correct? (A) Spies have no diplomatic immunity status under international law. (B) When spies cause damage or casualties in other States, the State that sent the spies will still be held internationally responsible. (C) In order to understand whether another State has fulfilled certain international obligations, observers may be dispatch by one State to another State to perform observation work with the consent of another State. (D) Commercial representatives sent to other States to represent state-owned enterprises also enjoy diplomatic privileges and immunities.
16 Which of the following statements concerning diplomatic relations and missions is NOT correct?
(A) Establishment of diplomatic relations by two states entails mutual recognition of states, but the termination of such relations does not per se mean the withdrawal of state recognition. (B) After two states have established diplomatic relations, additional agreements are not required for the establishment of permanent diplomatic missions. (C) The Vienna Convention on Diplomatic Relations affirms the special status of diplomatic missions and agents, but it does not accord them with the right to grant diplomatic asylum. (D) Diplomatic agents and consular officers are closely related but perform different functions. Still, diplomatic missions are permitted to perform consular functions.
17 Article 5 of the North Atlantic Treaty provides that an attack on one member state shall be considered an
attack against all member states, and the others may take necessary action to assist the attacked member. Which of the following statements is NOT correct? (A) Article 5 of the North Atlantic Treaty represents the collective right of self-defense as recognized in Article 51 of the UN Charter. (B) The exercise of collective right of self-defense does not require prior authorization from the United Nations Security Council. (C) According to United Nations Security Council, the lawful exercise of collective right of self-defense may only be in response to an armed attack initiated by a state or government. (D) Self-defense is an inherent right of states and is not created or granted by the UN Charter.
18 Concerning the legal capacities of the United Nations (UN), which of the following statements is NOT
correct? (A) The UN may become a litigant at the International Court of Justice. (B) The UN may bring the disputes between the UN and States to arbitration. (C) The UN has the capacity to conclude treaties. (D) The UN can seek remedies from offending States on behalf of its employees.
19 Which of the following statements about the jurisdiction of the International Court of Justice over
contentious cases is NOT correct? (A) The declaration accepting compulsory jurisdiction pertains to a state's prior commitment to accept the jurisdiction of the International Court of Justice before the dispute arises. (B) The declaration accepting compulsory jurisdiction by a party to the Statute of the International Court of Justice may be subject to conditions. (C) Should the parties disagree on whether the International Court of Justice has jurisdiction over the matters, such jurisdiction question shall be referred to and decided by the Permanent Court of Arbitration. (D) States not parties to the Statute of the International Court of Justice may also bring disputes before the International Court of Justice.
20 Which of the following international judicial institutions accept individual a subject in litigation?
(A) The International Court of Justice of the United Nations. (B) The World Trade Organization. (C) The International Tribunal for the Law of the Sea. (D) The European Court of Human Rights.

申論題 (3)

一、What are the sources of international law? Can the emerging international soft
law serve as a source of international law? Please elaborate with examples.
（25 分）
二、During the Russia-Ukraine conflict, multiple reports indicated that both
Russian and Ukrainian armed forces have used cluster munitions. These
weapons, upon detonation, disperse a large number of submunitions, can
produce strategic deterrent effects. However, due to their lack of precision,
they often cause extensive and indiscriminate harm in populated area.
Furthermore, cluster munitions have a high failure rate, frequently resulting in
unexploded ordnance (UXO), also known as "duds," which pose a significant
threat to civilians long after the conflict ends. The 2008 Convention on Cluster
Munitions (CCM) explicitly prohibits the use, development, stockpiling,
acquisition, transfer and production of such weapons, but neither Russia nor
Ukraine is a State Party to the Convention.
Please analyze whether the use of cluster munitions complies with the rules of
international humanitarian law.（25 分）
三、"The principle of common but differentiated responsibilities" has been
developed in the field of international environmental law in order to take into
account the different needs of developed and developing countries. Please
illustrate the historical development and contemporary application of this
principle.（25 分）