Deck 1: Introduction to International and Comparative Law

Question 1

Jus cogens is a peremptory norm of general international law, recognized by the international community of states as a norm from which no derogation is permitted.

Answer 1

True

Question 2

Executive agreements are made according to the Constitution's provisions.

Answer 2

False

Question 3

If territory from one state shifts to another, the law of state succession applies the Merger Rule.

Answer 3

False

Question 4

A formal binding agreement between two states is called a multilateral treaty.

Question 5

A charter is a document outlining the principles, functions, and organization of a juridical entity.

Question 6

Equity is the practice between states of treating each other with goodwill and civility.

Question 7

A treaty concerned with rights over territory, such as boundaries and servitudes, is called a dispositive treaty.

Question 8

Free trade areas are intergovernmental organizations.

Question 9

The General Assembly is an organ of the United Nations.

Question 10

The private property rights of individuals lapse because of a change in government.

Question 11

The Security Council has 15 permanent member states.

Question 12

The European Commission is the administrative and executive arm of the EU.

Question 13

The declaratory doctrine holds that the legal existence of a government happens automatically by operation of law whenever a government is capable of controlling a territory and its people.

Question 14

Servitude is the right of a government to exclusively exercise its powers within a particular territory.

Question 15

The term "lex mercatoria" refers to the principles of law common to the world's legal systems.

Question 16

Conventions are legally binding agreements between states sponsored by international organizations.

Question 17

The United Nations is a nongovernmental organization.

Question 18

Recognition comes about by a unilateral declaration, and it can be either explicit (express) or implicit (tacit).

Question 19

The doctrine of incorporation holds that customary international law is not applicable until clearly adopted by legislative action, judicial decision, or established local usage.

Question 20

European Union law within its scope of applicability is superior to the laws of the member states.

Question 21

Customary international law is applicable domestically only after it is adopted by legislation, court decision, or local usage. This is called the ________.

A) constitutive doctrine
B) declaratory doctrine
C) doctrine of transformation
D) doctrine of incorporation

Question 22

The practice or courtesy existing between states of treating each other with goodwill and civility is called ________.

A) comity
B) usus
C) jus commune
D) jus cogens

Question 23

The ________ holds that the legal existence of a state or government happens automatically by operation of law.

A) doctrine of transformation
B) declaratory doctrine
C) constitutive doctrine
D) doctrine of incorporation

Question 24

Which of the following best describes an executive agreement?

A) It is a treaty or international agreement entered into by a state's executive without following the state's constitutionally required ratification procedure.
B) It is a treaty adopted according to the constitutional provisions of the ratifying state.
C) It gives a person the right to use another person's property.
D) It is a document outlining the principles, functions, and organization of a juridical entity.

Question 25

Which of the following terms refers to a right to the use of another's property?

A) usus
B) charter
C) servitude
D) comity

Question 26

Which of the following best describes a self-executing treaty?

A) It is a treaty that requires state parties to enact enabling legislation before it becomes effective domestically.
B) It is a treaty containing a term that says that it is directly effective within the signatory states upon ratification.
C) It is a treaty adopted according to the constitutional provisions of the ratifying state.
D) It is a treaty or international agreement entered into by a state's executive without following the state's constitutionally required ratification procedure.

Question 27

A treaty that requires state parties to enact enabling legislation before it becomes effective domestically is known as a ________ treaty.

A) bilateral
B) dispositive
C) constitutional
D) non-self-executing

Question 28

Transnational corporations are nonprofit organizations.

Question 29

The ________ holds that the legal existence of a state or government is dependent on recognition by other states.

A) doctrine of transformation
B) declaratory doctrine
C) constitutive doctrine
D) doctrine of incorporation

Question 30

Customary international law is part of domestic law to the extent that it is not inconsistent. This is called the ________.

A) constitutive doctrine
B) declaratory doctrine
C) doctrine of transformation
D) doctrine of incorporation

Question 31

A ________ is a legally binding agreement between two or more states.

A) convention
B) comity
C) treaty
D) estoppel

Question 32

A treaty concerned with rights over territory, such as boundaries and servitudes is called the ________.

A) executive agreement
B) constitutional treaty
C) self-executing treaty
D) dispositive treaty

Question 33

According to the law of state responsibility, the defendant can be from any state.

Question 34

The ________ holds that a new state coming into existence through decolonization is under no obligation to succeed to the treaties of its former colonial power.

A) doctrine of incorporation
B) declaratory doctrine
C) Clean slate doctrine
D) constitutive doctrine

Question 35

Common law is the legal system of England and countries that were once English colonies.

Question 36

Islamic law is the principal source of law in Saudi Arabia.

Question 37

All nongovernmental organizations are nonprofit organizations.

Question 38

________ is a peremptory norm of general international law, recognized by the international community of states as a norm from which no derogation is permitted.

A) Public law
B) Jus commune
C) Jus cogens
D) Civil law

Question 39

________ are legally binding agreements between states sponsored by international organizations.

A) Conventions
B) Doctrines
C) Treaties
D) Estoppels

Question 40

________ is a legal rule that one cannot make an allegation or denial of fact that is contrary to one's previous actions or words.

A) Estoppel
B) Jus cogens
C) Servitude
D) Charter

Question 41

A group of states that have reduced or eliminated trade barriers among themselves but maintain their individual tariffs in dealing with other states is called ________.

A) a customs union
B) a free trade area
C) the United Nations System
D) an economic consultative association

Question 42

Greenpeace and Amnesty International are examples of ________.

A) nongovernmental organizations
B) economic consultative associations
C) general intergovernmental organizations
D) special intergovernmental organizations

Question 43

A group of states that have reduced or eliminated trade barriers among themselves and have established a common external tariff is called ________.

A) the United Nations System
B) a free trade area
C) an economic consultative association
D) a customs union

Question 44

The ________ is the main decision-making body of the European Union.

A) European Economic and Social Committee
B) European Commission
C) European Parliament
D) Council of the European Union

Question 45

Which of the following characterizes arbitration?

A) It is the liability of a state for the injuries that it causes to foreign persons.
B) It is the process by which parties to a dispute submit their differences to the judgment of an impartial third person or group selected by mutual consent.
C) It is the basic rights intended to protect all people from cruel and inhumane treatment, threats to their lives, and persecution.
D) It is justice applied in circumstances not covered by rules of law.

Question 46

Which of the following is a function of the European Council?

A) It is responsible for overseeing the implementation of the treaties that establish the EU.
B) It coordinates the economic policies of the member states.
C) It acts as the principal initiator of overall policy for the EU.
D) It represents the EU internationally.

Question 47

Which of the following is true of international human rights law?

A) Individuals can claim any loss of property or personal injury.
B) Individuals have the right to assert claim against the state of their nationality.
C) The claimant is the state of which the injured individual is a national.
D) The defendant is always a foreign state.

Question 48

The common law of Europe is called the ________.

A) lex mercatoria
B) jus commune
C) jus cogens
D) Shari'a

Question 49

Which of the following is a function of the Council of the European Union?

A) It is responsible for overseeing the implementation of the treaties that establish the EU.
B) It coordinates the economic policies of the member states.
C) It acts as the principal initiator of overall policy for the EU.
D) It represents the EU internationally.

Question 50

The common commercial rules and procedures used throughout Europe in the Renaissance are known as the ________.

A) Shari'a
B) jus cogens
C) jus commune
D) lex mercatoria

Question 51

Which of the following best describes an economic consultative association?

A) It is a group of states that have reduced or eliminated trade barriers among themselves but maintain their individual tariffs in dealing with other states.
B) It is a group of states that exchanges information, coordinates economic policy, and promotes trade cooperation.
C) It is a business firm operating branches, subsidiaries, or joint ventures in two or more states.
D) It is a group of states that have reduced or eliminated trade barriers among themselves and have established a common external tariff.

Question 52

A(n) ________ is a document outlining the principles, functions, and organization of a juridical entity.

A) charter
B) convention
C) self-executing treaty
D) dispositive treaty

Question 53

Which among the following is commonly called the civil law?

A) Shari'a
B) common law
C) public law
D) the Romano-Germanic legal system

Question 54

A(n) ________ is a business firm operating branches, subsidiaries, or joint ventures in two or more states.

A) multinational enterprise
B) economic consultative association
C) for-profit NGO
D) intergovernmental organization

Question 55

The ________ is the law code promulgated in 1896 that is based primarily on the Corpus Juris Civilis and is characterized by its detailed structure and its technical precision.

A) comparative law
B) German Civil Code
C) French Civil Code
D) common law

Question 56

The ________ is responsible for carrying out the EU's monetary policy.

A) European Commission
B) European Court of Auditors
C) European Central Bank
D) European Economic and Social Committee

Question 57

The ________ was promulgated in 1804 by Napoléon.

A) jus commune
B) German Civil Code
C) French Civil Code
D) common law

Question 58

The United Nations is a type of ________.

A) transnational corporation
B) nonprofit non-governmental organization
C) intergovernmental organization
D) multinational enterprise

Question 59

Which of the following is a permanent member of the Security Council?

A) the United States
B) India
C) Brazil
D) Germany

Question 60

Which of the following is a function of the European Commission?

A) It acts as the principal initiator of overall policy for the EU.
B) It drafts legislation for submission to the Council and the Parliament.
C) It determines the EU's annual budget in conjunction with the Council of the EU.
D) It coordinates the economic policies of the member states.

Question 61

Distinguish between customs union and free trade area.

Question 62

How does the Islamic legal system function?

Question 63

Constitutional and administrative law is called the ________.

A) common law
B) public law
C) civil law
D) Shari'a

Question 64

What are the two types of intergovernmental organizations?

Question 65

________ is based on principles found in the Koran and related writings.

A) Jus commune
B) Corpus Juris Civilis
C) Shari'a
D) Lex mercatoria

Question 66

What are the various functions of the Council of the European Union?

Question 67

The ________ is the legal system of England and countries that were once English colonies.

A) Shari'a
B) public law
C) common law
D) civil law

Question 68

What are the three different types of states?

Question 69

A doctrine which states that all persons, including the sovereign, are subordinate to the rule of law is called the ________.

A) Clean slate doctrine
B) Estrada doctrine
C) supremacy of the law
D) state responsibility

Question 70

________ is the law and court with jurisdiction over maritime affairs in general.

A) Equity
B) Public law
C) Common law
D) Admiralty

Question 71

What is the difference between the Merger Rule and the Moving Boundaries Rule?

Question 72

Explain supranational powers.

Question 73

Distinguish between treaties and conventions.

Question 74

Explain the Romano-Germanic Civil Law System.

Question 75

Enlist the organs of the United Nations.