11 Regarding the peaceful settlement of international disputes, which of the following statements is NOT correct? (A) There is no obligation for a State to resort to dispute settlement under the international law. (B) Initiation of the procedures for dispute settlement are consensual in principle. (C) International Court of Justice has not yet confirmed that peaceful settlement of international disputes is part of customary international law. (D) There has been an emergence of dispute settlement mechanisms with compulsory jurisdiction.
12 Which of the following international criminal court or tribunals have not been established?
(A) International Criminal Tribunal for the former Yugoslavia. (B) International Criminal Tribunal for Myanmar. (C) International Criminal Tribunal for Rwanda. (D) International Criminal Court.
13 Which of the following agreements is a plurilateral agreement under the World Trade Organization?
(A) Agreement on Rules of Origin. (B) Agreement on Subsidies and Countervailing Measures. (C) Agreement on Government Procurement. (D) Agreement on Technical Barriers to Trade.
14 Which of the followings is the treaty body of the International Covenant on Civil and Political Rights?
(A) United Nations Human Rights Council. (B) Human Rights Committee. (C) Office of the United Nations High Commissioner for Human Rights. (D) United Nations Secretariat.
15 Which of the following descriptions on the legal sources of private international law is NOT correct?
(A) The legal sources of private international law include treaties, international customs, legislation, and precedents. (B) In common law countries, precedents have become the main source of private international law. On the other hand, in civil law countries which adopt statutory law, precedents are not regarded as a source of private international law. (C) In order to resolve conflicts on the rules of private international law among various countries, international conferences have been held to achieve the goal of unifying private international law through international treaties since the 19th century. Therefore, treaties are an important source of private international law. (D) International judicial institutions when they are dealing with private international law cases, if there is no treaty between the two parties and if their private international laws are not applicable, the general principles of private international law, such as the principle of lex rei sitae, and the principle of locus regit actum, are preferred because of their supranational nature.
16 Taiwanese A and American B are a married couple. The two makes a separation agreement due to their
difficult relationships. Before long, B obtains a divorce judgment rendered by the Court of Hawaii and seeks recognition from the Taipei District Court. Which of the followings is NOT a ground to be considered by the court regarding its possible rejection? (A) No mediation is attempted prior to the lawsuit. (B) The content of the judgment violates the public order or boni mores of the R.O.C. (C) The proceedings violate the public order or boni mores of the R.O.C. (D) There exists no mutual recognition between the foreign country and the R.O.C.
17 Which of the followings is NOT a theory for determining the criteria for qualification (characterization)
in private international law? (A) Theory of lex fori. (B) Theory of lex loci. (C) Theory of lex causae. (D) Theory of jurisprudence.
18 Which of the following descriptions regarding the application of foreign law is NOT correct?
(A) The contents of the foreign law shall comply with the public order or boni mores of the R.O.C. (B) The foreign law may still be applied except the result of the application of which leads to violation of the public order or boni mores of the R.O.C. (C) Judges possess discretionary power to determine whether the application of the foreign law violates the public order or boni mores of the R.O.C. (D) The term “public order” refers to the practices of the founding spirits and basic national policies of the R.O.C.
19 What does the term “lex rei sitae” mean?
(A) The law of the place where the party is present in person. (B) The law of the place where the party is domiciled. (C) The law of the place where the act is conducted. (D) The law of the place where the immovable property is situated.
20 According to the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, which
shall apply to the law of the country of the parties’ nationality and if the law of the country is chosen, but the country has sub-national regions, which law shall be applied? (A) The law of the domicile of the party concerned. (B) The most closely connected law of the place of the disputed legal relationship. (C) The law of the capital of the country of the party’s nationality. (D) The rules on choice of law of the country of the party’s nationality.
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