I

The answer to the question of whether international law is law depends, of course, on how one defines
‘‘law.’’ If law is defined by the use of coercive force, then international law clearly does not qualify. The
instances of force being used to enforce international law are vanishingly few. Furthermore, if
enforcement is key, it is not enough to point out that international law is binding on states because, in the
absence of enforcement, it is hard to even know what it means for a rule to be ‘‘binding.’’ The word
suggests that it is mandatory— that it must be done—but if there is no penalty for failing to do it, in what
sense is it mandatory? Though coercive force is a useful definition of law, and one that is easy to grasp, it
is a fair retort to observe that domestic law often operates without coercive force. The Supreme Court
lacks the coercive power to enforce its decisions, yet when it issues rulings contrary to the interests of the
executive branch these are not only considered law, they are complied with. If law requires a legislature
that can enact mandatory rules over the objection of those who will be bound by the rules, international
law again falls short. On the other hand, there is no obvious reason why this particular method for
creating legal rules should be the criteria for creating law. Ultimately, this exercise of seeking to
demonstrate that international law is or is not law strikes me as futile. It is clear to all that international
law differs in important ways from domestic law. It is equally clear that it provides a set of rules that seek
to influence state behavior. This leaves us with a more sensible question: how well does international law
do in its effort to influence state behavior? Does it provide a valuable constraint on conduct, or is it too
easily ignored? This is the debate that should interest us, without much regard for the question of whether
it is assigned the label ‘‘law.’’ If we want to understand international law we have to understand how it
shapes state behavior.States, of course, are influenced by many things that have nothing to do with
international law, and these often matter much more than international legal rules. They are influenced by
geography, which causes the allocation of land rights to be related to the potential uses of the land But if
states are influenced by their neighbors, and by the expectations and demands of those neighbors, they are
also affected by what their neighbors say and do and by what they say to their neighbors. This starts to
sound like international law. It also sounds like politics. How do we know which it is? Can we say that
when the two sign a treaty it is law but up until that moment they are engaged in politics? Surely that is
not a useful distinction. In the end, there is no stark separation. Though not all international politics
involves law, all international law involves politics.

Q1. Which one of the following statements most appropriately describes the nature of International Law?

A. A body of customary and conventional rules regulating relations of States.

B. A body of rules governing civilized nations of the world.
C. A body of customary and treaty rules regulating the relations between States and Organizations.
D. A body of rules of conduct regulating relations of States, international organizations and certain
individuals which States feel bound and do observe in their conduct.

ANSWER D

Q2. The word 'International Law' was used for the first time by:

A. Austin in 1780.
 B. Oppenheim in 1789.
C. Bentham in 1780.
D. Bentham in 1789.

ANSWER C

Q3. “International Law is a part of our law, and must be ascertained and administered by courts of justice
of appropriate jurisdiction, questions of right depending upon it are duly presented for the determination.”
This was observed by Justice Gray in:

(a) Queen v Keyn.

(b) Paquette Habana case.
(c) Corfu Channel case.
(d) West Rand Central Gold Mining Co. Ltd. v King.

ANSWER B

Q4. Common consent, which is the basis of International Law, means that:

(a) All States without exception consent to every part of the body of rules constituting International Law
(b) There is express consent by all States to most of the rules that constitute International Law
(c) There is consent of only major powers of the world without whom no rule could assume the status of
law
(d) There is express or tacit consent of States to the body

Answer (d)

Q 5. Which one of the following statements is not correct?

(a) Customary rules of international law are diminishing and are being replaced by law-making treaties
and conventions.
(b) States do not deny the existence of international law. On the contrary, they interpret international law
so as to justify their conduct.
(c) A great limitation of international law is that it cannot intervene in matters which are within the
domestic jurisdiction of States.
(d) International law is a positive morality of the State having no force.

ANSWER (d)

Q6. Which of the following statements are acceptable features of the role of International Law? I. A
means of determining precisely legal rights and duties of sovereign States.
II. An ideal basis in which foreign policies of peace loving countries may be founded to pursue the
national interests.
III. A means of settling international disputes and regulating international life.
IV. A most hopeful basis of elimination of use of force by Governments for the solution of inter-State
differences and judicial organization of international life..

(a) I, II & III.

(b) II & III.

(c) I & III

(d) III & IV.

ANSWER (d)

Q7. In which case the court ruled that for a valid international custom it is necessary that it should be
proved by satisfactory evidence that the custom is of such nature that it has received general consent of
the nations and no civilized countries shall oppose it?

(a) West Rand Central Gold Mining Company Ltd. case.

(b) Portugal v India case.
(c) North Sea Continental Shelf cases.
(d) S. S. Lotus case.

ANSWER (a)

Q8 Which one of the following propositions would be correct according to the Vienna Convention on the
Law of Treaties, 1969?

(a) The reservation and the objection cancel each other and all the provisions of the treaty will apply to all
parties.
(b) The provisions of the treaty to which the reservation applies, shall not apply between the reserving
State and the objecting State, unless the objecting State specifically objects to the entry into force of the
treaty as between the two States.
(c) The reservation and the objection prevent the treaty from coming into force in respect of all of its
parties.
(d) The objection invalidates the reservation, and the reserving State ceases to be a party to the treaty.

ANSWER (b)

Q9 Which one of the following statements is correct?

(a) A State has a duty to become a party to every multilateral treaty.
(b) A State has a right to decide whether or not to become a party to a multilateral treaty and if it decides
to become a party, it has a right to make a reservation to limit its participation in any way it chooses.
(c) A State has a right to decide whether or not to become a party to a multilateral treaty, but if it decides
to become a party, it should accept the whole treaty.
(d) A State has a right to decide whether or not to become a party to a multilateral treaty, and if it decides
to become a party, it may do so with or without reservations, provided that its reservations are compatible
with the objects and purposes of the treaty.

ANSWER (d)

Q 10. In which case the court ruled that international law is based on justice, equity and conscience which
have been accepted by long practice of nations?

(a) R. v Kryn.
(b) Chorrow Factory (Indemnity) case.
(c) North Sea Continental Shelf cases.
(d) None of the above.

ANSWER (a)
II.

Proviso to Section 17 has been engrafted with the object that unscrupulous tenants who do not
appear in the Court in the suit proceedings should not be allowed to file the application to recall ex parte
decree unless they deposit the entire amount or give security to the Court for compliance of the
decree. The proviso is to take care of those tenants who deliberately do not appear in the suit necessitating
the Court to pass an exparte decree. The object is to protect the landlord and to ensure that the
decree passed is satisfied by the tenant, in event, the application under Order 9 Rule 13 is ultimately
rejected. Proviso gives two options to an applicant against whom an exparte decree has been
passed or who applied for review of the judgment, i.e., (a) deposit in the Court the
amount due from him under the decree or in pursuance of the decree; (b) give such security for
the performance of the decree or compliance with the judgment as the Court made on
the previous application made by him in this behalf directed. Thus, requirement of the deposit
in the court the entire amount can be waived only when the Court on the previous application directs the
tenant to give such security for performance of the decree or compliance with the judgment.
The application seeking waiver from deposit has been mentioned as “a previous application” i.e.
previous to the application filed under Order 9 Rule 13.

Q1. Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either
expressly or impliedly barred, by virtue of

(a) Section 7 of the CPC

(b) Section 8 of the CPC
(c) Section 9 of the CPC
(d) Section 6 of the CPC

ANSWER (c)

Q2. For determination of an objection under section 9 of Code of Civil Procedure as to the exclusion of
jurisdiction of Civil Court, the Court is to primarily see the averments made in:

(a) Plaint only

(b) Plaint and written statement only
(c) Plaint, written statement and replication only
(d) Averment made in application for return of plaint

ANSWER (a)

Q3. The rule of res sub judice as provided in Section 10 of Civil Procedure Code states;

(a) stays the trial of the subsequent suit

(b) stays the trial of the previous suit
(c) prevents simultaneous hearing of previous and subsequent suits under all the circumstances
(d) stays the institution of the subsequent suit
ANSWER (a)

Q4. Which of the following is the correct statement in so far as section 20 of the Code of Civil Procedure,
1908, is concerned?

(a) The suit has to be instituted in the court of the lowest grade competent to try it.
(b) The suit has to be instituted in the court within the local limits of whose jurisdiction the defendant
actually and voluntarily resides or carries on business or personally works for gain
(c) The suit has to be instituted in the court within the local limits of whose jurisdiction, the cause of
action wholly or in part arises
(d) All the above are correct

ANSWER (d)

Q5. Under which of following the provisions of the Code of Civil Procedure, 1908, can an ex parte order
and a parte decree may be set aside?

(a) Order 9, Rule 7 and Order 9, Rule 10

(b) Order 9, Rule 4 and Order 9, Rule 5
(c) Order 9, Rule 7 and Order 9, Rule 13
(d) Onder 9, Rule 11 and Order 9, Rule 12

ANSWER (c)

Q6. A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:

I. Where the summons is not served upon the defendant in consequence of the plaintiff's failure to pay
costs for service of summons.
II. Where neither the plaintiff nor the defendant appears.
III. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
IV. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the
plaintiffs claim.

(a) I, II and III

(b) I, III and IV
(c) II, III and IV
(d) All of the above

ANSWER (d)

07. In a suit after being proceeded against ex parte, the defendant is:
(a) precluded absolutely for participating in any proceeding in the suit
(b) at liberty to join the proceedings at the stage where the proceedings are pending
(c) at liberty to join the proceedings and do all the things which it would have done, had he not been
proceeded against ex parte, without getting the ex parte order set aside
(d) none of the above

ANSWER (b)

Q8. The present Section 5 of the Limitation Act applies to all applications other than those under any of
the provisions of XXI of Civil Procedure Code, 1908, if the applicant satisfies the court that he had
sufficient cause for not preferring the appeal or making the application within such period.

(a) Order XXI

(b) Order XI
(c) Order XXII
(d) Order XVIII

ANSWER (a)

Q9. Which of the following person may not file an application for execution under Civil Procedure Code,
1908 namely;

(a) A decree holder

(b) Legal representative, if the decree holder is dead
(c) A person claiming under decree holder
(d) Judgment debtor

ANSWER (d)

Q10. A receiver:

(a) can be sued generally for acts done in his official capacity by a third party
(b) cannot be sued at all for acts done in his official capacity by a third party
(c) can sue and can be sued for acts done in his official capacity by the third party only with the leave of
the court appointing him
(d) none of the above

ANSWER (c)