Question 1

Conventions are treaties on matters of common concern, usually negotiated on a regional or global basis, sponsored by an international organization, and open to adoption by many nations.

Accepted Answer

This statement accurately describes what conventions are.

Question 2

In a contract, national or international, the parties may specify the court where any disputes between the parties will be settled. This specification is known as the _____.

Accepted Answer

The specification of the court where disputes will be settled is known as the forum-selection clause. Choices A, C, D, and E are unrelated clauses commonly found in contracts with different meanings and applications.

Question 3

The Foreign Sovereign Immunities Act legislatively recognizes the "restrictive" version of the sovereign immunity principle.

Accepted Answer

The Foreign Sovereign Immunities Act (FSIA) of 1976 recognizes the "restrictive" theory of sovereign immunity, which allows for exceptions to immunity in certain cases, such as commercial activities or torts committed in the United States. This is in contrast to the "absolute" theory of sovereign immunity, which grants complete immunity to foreign sovereigns regardless of their actions. Therefore, the statement is true.

Question 4

Disputes between corporations or between individuals that cross national boundaries must be resolved in the international civil court.

Accepted Answer

Disputes between corporations or individuals that cross national boundaries may be resolved through various means, including arbitration, mediation, or through the national courts of the countries involved. There is no requirement that they must be resolved in the international civil court.

Question 5

An arbitral award is not a judgment but may sometimes be enforced globally.

Accepted Answer

An arbitral award is a decision or ruling made by an arbitrator or arbitral tribunal, which is binding on the parties involved. It is not a judgment made by a court but has the same effect as a court judgment in terms of enforcing it. Arbitral awards can be enforced globally under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which has been adopted by 166 countries as of 2021.

Question 6

Treaties are agreements between two or more nations that are sponsored by an international institution.

Accepted Answer

Treaties are formal agreements between two or more nations, but they are not necessarily sponsored by an international institution. They can be negotiated and signed directly by the countries involved.

Question 7

The act-of-state doctrine, enunciated by the Supreme Court, will usually govern claims to recover for acts of expropriation done by a foreign sovereign.

Accepted Answer

The act-of-state doctrine is a legal principle that holds that a court will refrain from questioning the legality of actions taken by a foreign government within its own borders. As a result, claims to recover for acts of expropriation done by a foreign sovereign are generally governed by the act-of-state doctrine. Therefore, the statement is true.

Question 8

What are the multilateral treaties sponsored by an international agency known as?

Accepted Answer

Multilateral treaties sponsored by an international agency are generally referred to as conventions.

Question 9

The GATT agreement acts as an aid to the free flow of commerce from one nation-state to another.

Accepted Answer

The General Agreement on Tariffs and Trade (GATT) is a multilateral agreement that aims to promote the free and open trade between member countries by reducing barriers such as tariffs and quotas. Therefore, it acts as an aid to the free flow of commerce from one nation-state to another.

Question 10

Treaties are only binding as long as each party continues to recognize their binding effect.

Accepted Answer

Treaties are based on mutual consent and agreement between parties. They can only be binding as long as each party continues to recognize and abide by the terms of the treaty. If a party decides to withdraw from the treaty or violate its terms, the treaty's binding effect may no longer be recognized by that party, affecting the treaty's overall effectiveness.

Question 11

In the context of the objective territorial jurisdiction principle, acts taking place within the borders of one nation can have a direct and foreseeable impact in another nation, and the other nation can have jurisdiction over those acts.

Accepted Answer

The objective territorial jurisdiction principle allows a nation to exercise jurisdiction over acts taking place within its borders, as well as over acts that have a direct and foreseeable impact in another nation. Therefore, the statement is true.

Question 12

In the Doha Round of WTO negotiations, the developed nations agreed to reducing their subsidies to make it easier for developing nations to export to the developed nations.

Accepted Answer

The answer of In the Doha Round of WTO negotiations,...

Question 13

The act-of-state doctrine applies only where a state is a named defendant in a civil action.

Accepted Answer

The act-of-state doctrine can also apply in criminal cases or in cases where the state is not a named defendant but is directly involved in the matter at hand.

Question 14

When the President of the United States imposes sanctions on trade, the International Emergency Economic Powers Act (IEEPA) has sometimes been the legislative basis.

Accepted Answer

The International Emergency Economic Powers Act (IEEPA) is often used by the President of the United States as the legislative basis for imposing economic sanctions on trade.

Question 15

The _____ doctrine comes into play when courts in two different nation states both have subject matter and personal jurisdiction over the matter.

Accepted Answer

The forum non conveniens doctrine allows a court to decline to hear a case that could be more conveniently and appropriately heard in another court, typically in a different jurisdiction. This doctrine is relevant when courts in two different countries may both claim jurisdiction over a case, and one court may decide to decline jurisdiction in favor of the other court.

Question 16

Stare decisis is a judicial doctrine that tries to determine the proper choice of forums when the courts of two different nation-states claim jurisdiction.

Accepted Answer

Stare decisis is a legal principle that requires courts to follow the precedents established in prior decisions. It does not relate to determining jurisdiction between two different nation-states.

Question 17

Article 38(1) of the Statute of the International Court of Justice:

Accepted Answer

Article 38(1) of the Statute of the International Court of Justice outlines the sources of international law, which include treaties and conventions, international custom, general principles of law recognized by civilized nations, and judicial decisions and teachings of the most highly qualified publicists.

Question 18

In the international arena, there is no sovereign lawgiver that can also enforce the law.

Accepted Answer

International law is not enforced by a sovereign authority with a monopoly on the legitimate use of force. Rather, it relies on states voluntarily agreeing to abide by norms and rules established through treaties, customary practices, and other forms of soft power. While there are institutions such as the International Court of Justice and the International Criminal Court that can adjudicate disputes and hold individuals accountable for certain crimes, these institutions have limited authority and rely on states to cooperate in their enforcement efforts.

Question 19

Which of the following is true of international arbitration?

Accepted Answer

Parties in international arbitration have the flexibility to select an arbitrator either before or after a dispute arises, allowing them to choose someone with the appropriate expertise and neutrality.

Question 20

International tribunals are always bound by the doctrine of stare decisis.

Accepted Answer

International tribunals are not always bound by the doctrine of stare decisis, which is a principle of common law systems requiring courts to follow previous rulings. International law allows for more flexibility and does not strictly adhere to this doctrine.

Quiz 51: International Law