2022 国际法（双语）(河南财经政法大学) 最新满分章节测试答案

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本课程起止时间为:2022-03-01到2022-06-30

国际法总论 主体论测试

1、 问题:Unlike municipal (domestic) law which governs the conduct of individuals and other legal persons within a country, international law regulates the relations between nation-states and with other         .
选项：
A:political entities with international personality
B:political entities with legal personality
C:civil entities with international personality
D:civil entities with legal personality
答案: 【political entities with international personality】

2、 问题:Which statement about article 38(1) of the Statute of the International Court of Justice is correct?
选项：
A:The sources of international law are limited to those which are formulated by the provision.
B:Only some items formulated by the provision are the sources of international law
C:The provision formulates all the sources of international law.
D:The provision expresses the universal perception about the enumeration of sources of international law.
答案: 【Only some items formulated by the provision are the sources of international law】

3、 问题:With regard to the general customary law, which statemen is NOT correct?
选项：
A:The state practice shall be extensive.
B:The practice shall be uniform.
C:The general customary rule is binding on all states.
D:The state involved shall not be a persistent objector.
答案: 【The general customary rule is binding on all states.】

4、 问题:A persistent objector is not bound by the eventual customary rule if the state meets such following conditions except that      : (Anglo-Norwegian Fisheries Case)
选项：
A:the objections must have been maintained from the early stages of the rule onwards, up to its formation and beyond.
B:the objections must have been maintained for at least 50 years.
C:the objections must have been intended consistently since the position of other states that may have come to rely on the position of the objector has to be protected.
D:the persistent objector bears the burden of proving its exceptional position.
答案: 【the objections must have been maintained for at least 50 years.】

5、 问题:Which statement about ‘judicial decisions’ is NOT  correct?
选项：
A:Judicial decisions are, in the words of article 38 of the Statute, a subsidiary means rather than an actual source of law.
B:The decisions of ICJ not only strongly influence cases in the future, but also create legal rules in the process of interpreting international law.
C:International arbitral awards also provide evidence for the sources of judicial decisions.
D:The rulings of municipal courts by no means constitute evidence of international law.
答案: 【The rulings of municipal courts by no means constitute evidence of international law.】

6、 问题:Which statement about ‘jus cogens’ is NOT correct?
选项：
A:Rules of jus cogens cannot be derogated from by international personality.
B:Obligations of a state under jus cogens are ones towards the international community as a whole.
C:Rules of jus cogens can be created by a simple majority of states and imposed on a minority.
D:Besides nonuse of force in solving international disputes, outlawing of slave trading, piracy and genocide has also been identified as international jus cogens.
答案: 【Rules of jus cogens can be created by a simple majority of states and imposed on a minority.】

7、 问题:Which statements about ‘non-use of force’ is NOT correct?
选项：
A:Prohibition of the resort to war is a valid principle of international law.
B:States shall resolve their disputes peacefully.
C:Resort to force in self-defense also constitute a commonly recognized principle of international law.
D:It is only binding on states who are members of the UN.
答案: 【It is only binding on states who are members of the UN.】

8、 问题:Public international law may be divided into different categories，such as：
选项：
A:universal international law and regional international law
B:general international law and particular international law
C:private international law and international economic law
D:abstract international law and practical international law.
答案: 【universal international law and regional international law;
general international law and particular international law】

9、 问题:We can say that international law is a law of coordination because international law is:          .
选项：
A:created by its own subjects
B:applied it by its own subjects
C:derived from a legal supervisor purpose
D:a legal system made by own its subjects to bind themselves.
答案: 【created by its own subjects;
applied it by its own subjects;
a legal system made by own its subjects to bind themselves.】

10、 问题:Which statements regarding the enforcement of international law are correct?
选项：
A:States may choose various methods to enjoy their rights and enforce their obligations.
B:There is no uniform law enforcement machinery.
C:States may take self-help measures through diplomatic means.
D:States may use force in self-defense.
答案: 【States may choose various methods to enjoy their rights and enforce their obligations.;
There is no uniform law enforcement machinery.;
States may take self-help measures through diplomatic means.;
States may use force in self-defense.】

11、 问题:Which statements about the relation between treaties and customs are correct?
选项：
A:Treaties (or international conventions) are a relatively modern method.
B:Treaties are playing an increasingly significant role in the lawmaking process in international law.
C:Treaties are written agreements while customs have not been written down or codified.
D:Custom is a very dynamic source of international law because of the nature of international law and its lack of centralized government organs.
答案: 【Treaties (or international conventions) are a relatively modern method.;
Treaties are playing an increasingly significant role in the lawmaking process in international law.;
Treaties are written agreements while customs have not been written down or codified.;
Custom is a very dynamic source of international law because of the nature of international law and its lack of centralized government organs.】

12、 问题:Which statements about ‘Law-making’ treaties and ‘Treaty-contracts ‘are correct?
选项：
A:Law-making treaties are intended to have universal or general rather than restrictive effect.
B:Law-making treaties are created with the participation of a large number of states and on any given topic.
C:Treaty-contracts are usually created between small numbers of states and on a limited topic.
D:The parties that do not sign and ratify a treaty-contract in question are not bound by its terms.
答案: 【Law-making treaties are intended to have universal or general rather than restrictive effect.;
Law-making treaties are created with the participation of a large number of states and on any given topic.;
Treaty-contracts are usually created between small numbers of states and on a limited topic.;
The parties that do not sign and ratify a treaty-contract in question are not bound by its terms.】

13、 问题:Which forms of state practice constitute evidence of customary international law? (Yearbook of the International Law Commission, 1950, pp.368-372)
选项：
A:Treaties.
B:Decisions of national and international courts.
C:National legislation.
D:Diplomatic correspondence.
E:Opinions of national advisors.
F:Practice of international organizations.
答案: 【Treaties.;
Decisions of national and international courts.;
National legislation.;
Diplomatic correspondence.;
Opinions of national advisors.;
Practice of international organizations.】

14、 问题:Which statements about opinio juris are correct?
选项：
A:It’s a basic component for an effective customary rule.
B:It refers to the distinction between custom and general practice.
C:General practice could be turned into custom by opinio juris.
D:It means the belief that the state is legally bound to behave in a particular way.
答案: 【It’s a basic component for an effective customary rule.;
It refers to the distinction between custom and general practice.;
General practice could be turned into custom by opinio juris.;
It means the belief that the state is legally bound to behave in a particular way.】

15、 问题:Which statements about ‘general principles of law’ are correct?
选项：
A:The formula ‘general principles’ is used where customs and treaties are absent.
B:‘General principles’ refer to those principles accepted by various nations in domestic law.
C: ‘General principles’ can be derived from both domestic law and international law.
D:The principle of good faith constitutes an integral part of ‘general principles’.
答案: 【The formula ‘general principles’ is used where customs and treaties are absent.;
‘General principles’ refer to those principles accepted by various nations in domestic law.】

16、 问题:Which statements about ‘Resolutions of the General Assembly of the United Nations’ are correct?
选项：
A:All the resolutions are sources of international law.
B:Decisions, especially budgetary and financial resolutions, are binding up its member state.
C:Recommendations are non-binding, but can be used as evidence of state practice.
D:Declarations shall be considered as examples of state practices.
答案: 【Decisions, especially budgetary and financial resolutions, are binding up its member state.;
Recommendations are non-binding, but can be used as evidence of state practice.】

17、 问题:Which statements about ‘non-use of force’ are correct?
选项：
A:It’s a customary rule of international law.
B:It has a binding effect of a universal character.
C:It has been treated as a general principle.
D:It is binding on all states.
答案: 【It’s a customary rule of international law.;
It has a binding effect of a universal character.;
It has been treated as a general principle.;
It is binding on all states.】

18、 问题:Which statements about ‘non-military force’ are correct?
选项：
A:There is a tendency that the ‘force’ should include not only armed force.
B:It is still controversial as to the legality of the use of non-military force.
C:State can use non-military force to coerce other states.
D:It is increasingly accepted that actions using non-military force are on contrary to the UN Charter.
答案: 【There is a tendency that the ‘force’ should include not only armed force.;
It is still controversial as to the legality of the use of non-military force.;
It is increasingly accepted that actions using non-military force are on contrary to the UN Charter.】

19、 问题:There have been a number of categories of force which are legally justified under international law, such as:
选项：
A:Retorsion.
B:Reprisals.
C:Self-defense.
D:Collective self-defense.
答案: 【Retorsion.;
Reprisals.;
Self-defense.;
Collective self-defense.】