INTERNATIONAL LAW. Professor Franks. Final Examination, Fall 2012 GENERAL INSTRUCTIONS

Transcription

1 INTERNATIONAL LAW Professor Franks Final Examination, Fall 2012 GENERAL INSTRUCTIONS 1. Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully. 2. State the issues and answers to each question concisely. Lengthy answers are not necessary. 3. Do not repeat questions in your answers. Write neatly and legibly on only one side of each page. 4. Number your answers to correspond with the question, e.g., "II-7." 5. Do not write in the margin of the book. 6. All questions are equally weighted unless otherwise indicated. 7. Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book.

2 QUESTION I 40 per cent of test I. Please answer the following questions briefly and concisely: 1. Sovereignty is the exclusive authority of the state to make rules and laws that apply throughout its territory and govern all persons within its borders. True or False? 2. A state may not delegate some of its functions to another state without losing its sovereignty. True or False? 3. One state may come to the armed assistance of another state if that other state is properly exercising its right of self-defense. True or False? 4. While at one time a state could obtain legitimate title to territory by force, today a state may not use force to obtain title. True or False? 5. The United Nations Charter defines self-determination. True or False? 6. The doctrine of foreign sovereign immunity was held applicable in the case of Argentine Republic v. Amerada Hess Shipping Corp. True or False? 7. Texas Trading & Milling Co. v. Federal Republic of Nigeria concerned shipments of lumber. True or False? 8. Banco Nacional de Cuba v. Sabbatino involves the act of state doctrine. True or False? 9. Hugo Grotius wrote the book entitled On the Law of War and Peace. True or False? 10. The European Court of Human Rights is an institution of the Council of Europe, not the European Union. True or False? - 2 -

3 QUESTION II 60 per cent of test Please answer the following questions. If more than one answer appears correct, choose the best answer: 1. Under the law of the sea, the exclusive economic zone: A. Extends 12 miles from the baseline. B. Extends 24 miles from the baseline. C. Extends 200 miles from the baseline. D. Extends 350 miles from the baseline. 2. Territorial waters: A. Extend 12 miles from the baseline. B. Extend 24 miles from the baseline. C. Extend 200 miles from the baseline. D. Extend 350 miles from the baseline. 3. The continental shelf is: A. 12 miles or the actual shelf, but not more than 150 miles. B. 24 miles or the actual shelf, but not more than 200 miles. C. 150 miles or the actual shelf, but not more than 350 miles. D. 200 miles or the actual shelf, but not more than 350 miles

4 4. Distances at sea for law-of-sea purposes are measured in: A. Statute miles, with one statute mile being equal to 1.50 nautical miles. B. Nautical miles, with one nautical mile being equal to 1/15 of a statute mile. C. Kilometers, with one kilometer being equal to 1.6 nautical miles. D. Nautical miles, with one nautical mile being equal to 1.15 statute miles. 5. Kuwait Airways v. Iraqi Airways was decided by what court? A. International Court of Justice B. United States Supreme Court C. European Court of Human Rights D. House of Lords 6. What treaty of 1919 set the ground for the League of Nations? A. Treaty of Westphalia B. Treaty of Rome C. Treaty of Paris D. Treaty of Versailles 7. Which of the following is not a source of international law? A. Writings of academics in the field of international law B. International custom C. General principles of law recognized by civilized nations D. International conventions or treaties - 4 -

5 8. The ship involved in Lauritzen v. Larsen was registered in what country? A. Norway B. Denmark C. Sweden D. Finland 9. Which of the following is not one of the four criteria an entity must possess before it can be called a state? A. Defined territory B. Permanent population C. Capacity to defend its territory D. Government 10. What are the four basic steps in the treaty-making process? A. Negotiation, signature, ratification, entry into force B. Negotiation, codification, signature, ratification C. Signature, conclusion, ratification, entry into force D. Signature, ratification, confirmation, entry into force 11. What types of treaties may be denounced unilaterally? A. Treaties codifying international law and treaties dealing with commerce B. Treaties establishing international organizations or dealing with commerce C. Treaties establishing international organizations or determining boundaries D. Treaties of peace or determining boundaries - 5 -

6 12. Mini-hypo for Question 12: A passenger going to Liverpool, England, purchases a ticket for air travel on the following route: Baton Rouge to Houston via Continental Airlines; connecting Houston to London via British Airways; connecting London to Liverpool via British Airways. Injuries to this passenger and loss, damage or delay of his baggage are governed by the Warsaw Convention on which of the following flights or flight segments? A. Only from Houston to London B. From Baton Rouge to Liverpool C. Only from Houston to Liverpool D. Only while over international waters 13. Which of the following is not a permanent member of the United Nations Security Council? A. Russia B. United Kingdom C. France D. Germany 14. Which of the following is not true of the United Nations General Assembly? A. Every member country, large or small, has only one vote. B. The General Assembly has power to pass binding resolutions. C. Neither the United States, nor Russia, nor France, nor China have any veto in the General Assembly. D. Many issues are discussed and debated in the General Assembly

7 15. Which of the following is not a basis of international criminal jurisdiction? A. Territoriality B. Status as a fugitive in the asylum state C. Nationality of victim (passive personality) D. Nationality of the accused QUESTION III Extra credit 1. In not more than one handwritten page, identify a principle of international law that you feel needs changing, expanding or abolishing, explaining your proposed change and stating why you feel this is needed