Deck 3: Dispute Settlement

Question 1

Immunity is available when it is waived by the state.

Answer 1

False

Question 2

The ability of a defendant to escape the jurisdiction of a court is known as delict.

Answer 2

False

Question 3

A state party includes the state itself, its agencies, and its subdivisions.

Answer 3

True

Question 4

The doctrine of absolute sovereign immunity states that domestic courts must decline to hear cases against foreign sovereigns out of deference to their role as sovereigns.

Question 5

The governmental interest doctrine states that a state is immune from suit in cases involving injuries that are the result of its governmental actions.

Question 6

Mediation involves the use of a third party who transmits and interprets the proposals of the principal parties and sometimes advances independent proposals.

Question 7

The International Court of Justice is the principal judicial organ of the United Nations.

Question 8

When mediators provide a channel of communications only, it is said that they are involved in conciliation.

Question 9

All the member states of the United Nations are automatically parties to the Statute of the International Court of Justice.

Question 10

The act of state doctrine is the traditional device used by courts to determine the choice of law.

Question 11

Contentious jurisdiction is the power of the ICJ to give opinions about issues of international law at the request of the United Nations or one of its specialized agencies.

Question 12

The vested rights doctrine states that courts should apply the law of the state where the rights of the parties legally became effective.

Question 13

A juridical person is a human being.

Question 14

The Permanent Court of International Justice replaced the International Court of Justice.

Question 15

The protective nexus provides for jurisdiction when a national or international interest of the forum is injured by the offender.

Question 16

In personam jurisdiction is the power of a court to decide matters relating to a natural or juridical person physically present within the forum state.

Question 17

The WTO's dispute settlement process is governed by an agreement known as the General Agreement on Tariffs and Trade.

Question 18

Diplomacy is also known as alternative dispute resolution.

Question 19

Courts that apply the governmental interest doctrine will make no choice of law unless asked to do so by the parties.

Question 20

The Rome Statute is binding only on those states that formally express their consent to be bound by its provisions.

Question 21

Forum non conveniens is a court order directing a person not to proceed with litigation in a foreign court.

Question 22

The doctrine used by common law courts to refuse jurisdiction is called forum non conveniens.

Question 23

________ is bringing about a peaceful settlement or compromise between parties to a dispute through the benevolent intervention of an impartial third party.

A) Mediation
B) Inquiry
C) Litigation
D) Negotiation

Question 24

The process by which an impartial third party makes an investigation to determine the facts underlying a dispute without resolving the dispute itself is called ________.

A) mediation
B) negotiation
C) inquiry
D) conciliation

Question 25

Which of the following is true of the composition of the International Court of Justice?

A) It is composed of 15 judges.
B) Its judges are elected to fifteen-year terms of office.
C) Its members represent their governments.
D) Its judges are elected by the European Commission.

Question 26

Optional clause jurisdiction differs from contentious jurisdiction in that, optional clause jurisdiction is ________.

A) the requirement that a tribunal must have power over the parties before it may hear a dispute
B) the power of the ICJ to give opinions about issues of international law at the request of the United Nations or one of its specialized agencies
C) the power of a court to hear a matter that involves a dispute between two or more parties
D) a unilateral grant of jurisdiction by a state to the ICJ that allows the Court to resolve disputes involving that state

Question 27

Which of the following is true of inquiry?

A) It focuses only on a particular incident.
B) It tries to resolve an entire dispute.
C) It involves mediators who offer good offices.
D) It involves conciliation among mediators.

Question 28

Which of the following is true of the International Criminal Court?

A) It is the principal judicial organ of the United Nations.
B) Its judges are elected by the United Nations General Assembly.
C) Its jurisdiction and functioning are governed by the Rome Statute.
D) The court's jurisdiction is limited to events taking place since Jan 1, 2012.

Question 29

In states that are signatories to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, foreign arbitral awards can be enforced only if they are first converted into a judicial judgment in the state where the arbitration was heard.

Question 30

Which of the following is the principal judicial organ of the United Nations?

A) the Permanent Court of International Justice
B) the International Center for the Settlement of Investment Disputes
C) the International Court of Justice
D) the International Criminal Court

Question 31

The ________ holds that a state has to respond to a suit brought against it before the ICJ only to the extent to which the state bringing the suit has also accepted the jurisdiction of this court.

A) vested rights doctrine
B) rule of reciprocity
C) public trust doctrine
D) choice of law clause

Question 32

Which of the following is true of the World Trade Organization (WTO)?

A) Its dispute settlement process is governed by an agreement known as the General Agreement on Tariffs and Trade.
B) It is the trade-dispute settlement body of the United Nations.
C) Its functions are governed by the Rome Statute.
D) It is responsible for implementing and enforcing the rules of international trade between nations.

Question 33

________ is a form of international dispute settlement that attempts to reconcile parties to a disagreement by use of negotiation, mediation, or inquiry.

A) Litigation
B) Petition
C) Arraignment
D) Diplomacy

Question 34

________ is the power of the ICJ to give opinions about issues of international law at the request of the United Nations or one of its specialized agencies.

A) In personam jurisdiction
B) Personal jurisdiction
C) Advisory jurisdiction
D) In rem jurisdiction

Question 35

________ jurisdiction is the power of a court to hear a matter that involves a dispute between two or more parties.

A) Contentious
B) Adjudicative
C) Optional clause
D) Advisory

Question 36

In Germany, foreign law is regarded as a factual issue that the parties must prove in the same way they prove any fact.

Question 37

________ is the process of reaching an agreement through discussion between two parties to a dispute.

A) Inquiry
B) Mediation
C) Negotiation
D) Conciliation

Question 38

Forum non conveniens originated from Scottish Common Law.

Question 39

The process by which an impartial third party makes an independent investigation and suggests a solution to a dispute is called ________.

A) negotiation
B) conciliation
C) arbitration
D) inquiry

Question 40

The authority or power of a court or tribunal to hear a particular case or dispute is called ________.

A) arbitration
B) jurisdiction
C) diplomacy
D) mediation

Question 41

The ________ consists of the criteria that allow a court to assume criminal jurisdiction over an offense that was committed within the forum state.

A) territoriality nexus
B) nationality nexus
C) protective nexus
D) universality nexus

Question 42

________ is the process by which parties to a dispute submit their differences to the binding judgment of an impartial third person or group selected by mutual consent.

A) Conciliation
B) Diplomacy
C) Arbitration
D) Mediation

Question 43

Which of the following is a dispute settlement organ of the WTO that is charged with administering and carrying out the Dispute Settlement Understanding?

A) International Court of Justice
B) International Criminal Court
C) International Center for the Settlement of Investment Disputes
D) Appellate Body

Question 44

The ________ holds that a foreign state is immune from all types of suits.

A) act of state doctrine
B) doctrine of sovereign or state immunity
C) rule of absolute sovereign immunity
D) theory of restrictive sovereign immunity

Question 45

The ________ consists of the criteria that allow a court to assume criminal jurisdiction if the offense is one recognized by the international community as being of world-wide concern, including piracy, slave trade, attacks on or the hijacking of aircraft, genocide, war crimes, and crimes against humanity.

A) territoriality nexus
B) nationality nexus
C) protective nexus
D) universality nexus

Question 46

The ________ consists of the criteria that allow a court to assume criminal jurisdiction when the defendant is a national of the forum state.

A) territoriality nexus
B) nationality nexus
C) protective nexus
D) universality nexus

Question 47

The ________ doctrine states that courts should apply the law of the state where the rights of the parties legally became effective.

A) act of state
B) vested rights
C) most significant relationship
D) governmental interest

Question 48

The ________ consists of the criteria that allow a court to assume criminal jurisdiction in cases in which a national interest of the forum state was injured.

A) territoriality nexus
B) nationality nexus
C) protective nexus
D) universality nexus

Question 49

The ability of a defendant to escape the jurisdiction of a court is known as ________.

A) jus commune
B) diplomacy
C) delict
D) immunity

Question 50

The ________ holds that municipal courts must decline to hear suits against foreign sovereigns.

A) governmental interest doctrine
B) doctrine of sovereign or state immunity
C) rule of absolute sovereign immunity
D) theory of restrictive sovereign immunity

Question 51

________ jurisdiction is the power of a court or tribunal to determine the rights of a party who appears before it.

A) Contentious
B) In personam
C) Advisory
D) In rem

Question 52

The ________ is a provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contract.

A) forum selection clause
B) choice of law clause
C) supremacy clause
D) due process clause

Question 53

The ________ doctrine states that the act of a government within the boundaries of its own territory is not subject to judicial scrutiny in a foreign municipal court.

A) vested rights
B) most significant relationship
C) act of state
D) governmental interest

Question 54

The ________ holds that a foreign state is not immune when the cause of action for a suit is based on conduct unrelated to the state's governmental activities.

A) most significant relationship doctrine
B) doctrine of sovereign or state immunity
C) rule of absolute sovereign immunity
D) theory of restrictive sovereign immunity

Question 55

Rules used by municipal courts to determine which state's law they should apply in hearing a civil dispute are called ________.

A) the rules of reciprocity
B) choice of law rules
C) the rules of absolute sovereign immunity
D) vested rights rules

Question 56

________ is the power of a court to determine the ownership rights of persons as to property located within the forum state.

A) Advisory jurisdiction
B) Personal jurisdiction
C) In personam jurisdiction
D) In rem jurisdiction

Question 57

Which of the following is true of a juridical person?

A) It is a human being.
B) It makes decisions through agents.
C) It is an illegal entity.
D) It can neither sue nor be sued.

Question 58

The ________ is a provision in a contract designating the state whose law will govern disputes relating to the contract.

A) escape clause
B) omnibus clause
C) choice of law clause
D) forum selection clause

Question 59

________ is the requirement that a tribunal must have power over the parties before it may hear a dispute.

A) Advisory jurisdiction
B) Personal jurisdiction
C) In personam jurisdiction
D) In rem jurisdiction

Question 60

________ is a suit in which the parties are not at odds but instead cooperate to obtain a judgment.

A) Collusive action
B) Arbitration
C) Delict
D) Anti-suit injunction

Question 61

What are the three dispute settlement organs carrying out the Dispute Settlement Understanding?

Question 62

Briefly describe the most significant relationship doctrine.

Question 63

Differentiate between good offices and conciliation.

Question 64

Differentiate between in personam jurisdiction and in rem jurisdiction.

Question 65

Write a short note on the International Criminal Court.

Question 66

The ________ doctrine holds that courts should apply the law of the state that has the most interest in determining the outcome of the dispute.

A) act of state
B) vested rights
C) most significant relationship
D) governmental interest

Question 67

Write a short note on the functions and composition of the International Court of Justice.

Question 68

The ________ doctrine states that courts should apply the law of the state that has the closest and most real connection with the dispute.

A) act of state
B) vested rights
C) most significant relationship
D) governmental interest

Question 69

In civil law countries, a(n) ________ is any private wrong or injury, or a minor public wrong or injury.

A) delict
B) certiorari
C) writ
D) estoppel

Question 70

The ________ is a court order directing a person not to proceed with litigation in a foreign court.

A) self-judging reservation
B) forum non conveniens
C) Corpus Juris Civilis
D) anti-suit injunction

Question 71

Distinguish between a natural person and juridical person.

Question 72

The ________ states that a municipal court will decline to hear a dispute when it can be better or more conveniently heard in a foreign court.

A) forum non conveniens
B) anti-suit injunction
C) vested rights doctrine
D) choice of law clause

Question 73

Explain the act of state doctrine.

Question 74

Which doctrine is used by common law courts to refuse jurisdiction? Explain.

Question 75

Explain self-judging reservations.