1 Article 38 of the Statute of the International Court of Justice (ICJ) is generally recognized as the most
important provision regarding the sources of international law. Which of the following descriptions is correct? (A) International conventions are rules made by the General Assembly or the Security Council of the United Nations. (B) International customs are evidence of State practices accepted as law by civilized nations. (C) The general principles of law are international rules recognized by the member States of the United Nations. (D) Subject to the provisions of Article 59 under ICJ Statute, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of the rules of law.
2 Which of the followings enjoys the status as a domestic law in the R.O.C.?
(A) United Nations General Assembly Resolutions. (B) United Nations Security Council Sanctions List. (C) Convention on the Rights of Persons with Disabilities. (D) Award of the Arbitration on South China Sea.
3 According to Vienna Convention on the Law of Treaties, which of the following statements concerning
“interpretation of treaties” is correct? (A) A special meaning shall always be given to a term. (B) The context for the purpose of the interpretation of a treaty shall not consider its preamble. (C) The terms of the treaty shall be interpreted in good faith and in the light of the treaty’s object and purpose. (D) The context for the purpose of the interpretation of a treaty shall not consider the treaty’s annexes.
5 The International Court of Justice delivered its advisory opinion on the Kosovo’s declaration of
independence in 2010. Which of the followings about this opinion is correct? (A) The advisory opinion was made upon the request of Serbia to the International Court of Justice. (B) The International Court of Justice ruled that Kosovo’s declaration of independence did not violate international law. (C) The International Court of Justice ruled that the right of self-determination of all peoples also applied beyond the colonial context. (D) The International Court of Justice ruled that the recognition of Kosovo as a State by other States had a retroactive effect back to the date of its declaration of independence.
6 Which of the following principles applies when the requested country transfers the offender to the
requesting country via the extradition procedure, the requesting country can only prosecute or punish the crime contained in the extradition request? (A) Principle of reciprocity. (B) Principle of re-extradition. (C) Principle of specialty. (D) Principle of double criminality.
7 Which of the following rights in the exclusive economic zone may a coastal State exercise?
(A) Sovereignty. (B) Rights limited to explore and exploit, conserve and manage living natural resources only. (C) Rights limited to explore and exploit, conserve and manage non-living natural resources only. (D) Rights to produce energy from winds.
8 According to the Vienna Convention on Diplomatic Relations, which of the following statements is correct
if a diplomatic agent is a national of the receiving State? (A) A diplomatic agent is not obliged to give evidence as a witness. (B) A diplomatic agent shall enjoy immunity from any criminal jurisdiction of the receiving State. (C) A diplomatic agent shall, in principle, enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions. (D) A diplomatic agent shall not be liable to any form of arrest or detention.
9 According to Article 4 of the 1963 Tokyo Convention (Convention on Offences and Certain Other Acts
Committed on Board Aircraft), a contracting State may exercise its criminal jurisdiction over an offence committed on board on condition that the offence has been committed against a national or permanent registration of such State. Which of the following jurisdiction principles shall be applied? (A) Protective jurisdiction. (B) Passive nationality jurisdiction. (C) Active nationality jurisdiction. (D) Territorial jurisdiction.
10 Which of the following statements regarding “State Responsibility” is NOT correct?
(A) Pursuant to Art. 4 of Articles on Responsibility of State for Internationally Wrongful Acts of 2001, “the conduct of any State organ shall be considered an act of that State under international law” regardless of the character of that organ and whatever functions it exercises. (B) If a State directly infringes upon the interests of another State, the former shall bear State responsibility. (C) A State can plead its own law, including its constitution, in answer to an international claim. (D) Art.11 of Articles on Responsibility of State for Internationally Wrongful Acts of 2001 provides that,
“the State only becomes responsible if and to the extent that the State acknowledges and adopts the conduct in question as its own.”
寫作批改
VIP與詳解卡管理
