2012年河南财经政法大学法学院国际法面试题

2012—2013学年第一学期期末考试

《国际法学》面试试题

1. What are the sources of international law? How do these sources affect each other in the development of international law?

2. What are the elements of International Custom?

3. What is the peremptory norm (jus cogens)? What are the characteristic of the peremptory norm?

4. What are the basic principles of modern international law? What are they?

5. Answer the differences between international and domestic law.

6. Who are the subjects of international law? What element is crucial in determining who is qualified as a subject of international law?

7. What qualifications should a state possess as an international person?

8. Relating to the recognition of a state, what are the different viewpoints among international law scholars?

9. What are relationships and differences between the recognition of a state and the recognition of a government?

10. Jurisdiction is the power of a state to govern people, property and situations. Concerning criminal jurisdiction what principles may be applied when a state wants to extend jurisdiction over a crime involving international factors?

11. What a crime is offensive to the interests of the international community as a whole each and every state may assert jurisdiction over the offense no matter what nationalities of the victim and offender are. What can be classified as the international crimes over which states may extend jurisdiction?

12. What is State immunity? Who is capable of enjoying State immunity?

13. What is the difference between absolute and restrictive immunity?

14. What is the basis of diplomatic immunity?

15. 翻译并解释The Constitutive essentials of state responsibility include:

(1) international wrongful acts: violating international obligation

(2) the act of state: Which may be attributed or imputable to the state.

16. What is state responsibility? How to determine whether a state should be responsible for the international wrongful acts committed by the inpidual national of that state?

17. Is there any regulation or principle in international law relating to the treatment of aliens living habitually in a state? If a national of a state commits an offense in the territory of a foreign state how should that foreign state treat that offender under international law?

18. What can be considered the components of a treaty? In order to make a treaty what procedures the contracting states should take?

19. Article 2(1)(d) of the VCT 1969 defines a reservation as:…an unilateral statement, however phrased or named, made by a State when signing, ratifying, accepting, approving or acceding to a treaty, thereby it purports to exclude or to modify the legal effect of certain provision of the treaty in their application to that State.

(1) What is the aim of the reservation of a treaty?

(2) What the requirement should be met if a state is intend to make a valid reservation?

20. Article 31 of VCT 1969 states: Treaties shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of their object and purpose. What approaches does the interpretation of a treaty have?

21. What are the grounds of the invalidity of treaties?

22. What are the contents of Chicago Conference systems?

23. What is the sovereignty of airspace? What proper and lawful action can the intruded state take to prevent or stop the unauthorized aerial intrusion by a foreign aircraft?

24. How many maritime zones according to the Convention on the Law of the Sea 1982(LOSC)? What are they?

25. What rights and duties should the coastal state and other states possess in areas of exclusive economic zone and continental shelf?

26. What rights can a foreign ship enjoy in the territorial sea, exclusive economic zone, continental shelf of a coastal state?

27. International law recognizes that the high seas are open to every state. What does the freedom of the high seas mean in international law? Who is capable of extending jurisdiction over ships, people and situations on board ship on the high seas?

28. What are the differences between innocent passage and transit passage？

29．翻译并解释Article 38 (1) of the Statute of (ICJ)：The court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

(a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States;

(b) international custom, as evidence of a general practice accepted as law;

(c) the general principles of law recognized by civilized nations;

(d) subject to the provisions of art 59,judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. if the contesting states agree, the above shall not prejudice the power of the court to decide a case by equality and natural law.

30. When should a state take the right of self-defense? Is there any condition with respect to self-defense?

31. What is collective security? What is the condition with respect to collective security?

32. What is diplomatic protection? Under what condition can a state extend diplomatic protection?

33. What is State sovereignty?

31. What is extradition?

32. A new state has the right to claim sovereignty over its territory. It involves the acquisition and of territory by that state. How can a new state acquire territory? Which is considered legitimate way of acquiring territory and which is not?

33. Respect for territorial integrity of states is one of the fundamental principles in international law. Please answer the restrictions on territoria …… 此处隐藏：13275字，全部文档内容请下载后查看。喜欢就下载吧 ……