International Law

1. How can the structure of the international society be displayed?

a) The structure of the international society follows the vertical model of the domestic legal orders

b) International society consists of a constellation of sovereign States and other international organizations, which are dispersed in a rather horizontal order of authority

c) International society is so anarchical that there is no order of authority, neither vertical nor horizontal

d) The structure of the international society resembles the structure of the most powerful nations in the world

b) International society consists of a constellation of sovereign States and other international organizations, which are dispersed in a rather horizontal order of authority. (Page reference: 4 and 5)

2. Is there any hierarchy or priority among States under international law?

a) Yes, the States that were the founding members of the United Nations are vested with more powers and authority

b) Yes, the Permanent Five Members of the UN Security Council (UK, USA, France, Russia, China) are in a superior position than the other States

c) No, all States are considered equal as sovereign States (the principle of sovereign equality, enshrined in article 2, para 1 UN Charter)

d) Whether there will be any hierarchy among States is a matter of each international organization to decide

c) No, all States are considered equal as sovereign States (the principle of sovereign equality, enshrined in article 2, para 1 UN Charter) and are not subject to the power of any supranational authority without their consent. (Page reference: 4-6)

3. What is the 'Lotus principle'?

a) The so-called Lotus principle is that 'restrictions upon the independence of States cannot therefore be presumed', or, as it has been construed, 'whatever is not prohibited is permitted in international law'

b) The so-called Lotus principle is that States are free to choose the Court that they will submit their disputes

c) The so-called Lotus principle is that States are not prohibited to assert their enforcement jurisdiction on the high seas

d) The so-called Lotus principle is that customary law derives from the combination of State practice and opinio juris

a) The so-called Lotus principle - namely, 'restrictions upon the independence of States cannot therefore be presumed' (PCIJ, Lotus case, 1927, p 18), or, as it has been construed, 'whatever is not prohibited is permitted in international law' - has underpinned the international legal system for a long time. (Page reference: 5)

4. What is the problem of 'fragmentation' of international law?

a) Fragmentation of international law concerns the possibility of different legal regimes apply the same rules of international law

b) It is possible for several legal regimes (ie foreign investment law and human rights law) to exist and develop in isolation of each other, ultimately culminating in the production of divergent rules of international law

c) Fragmentation is when States assume different interpretations of the same rule of international law

d) Fragmentation is when States disagree to abide by a certain rule of international law

b) Due to its horizontal structure, it is possible for several legal regimes (ie foreign investment law and human rights law) to exist and develop in isolation of each other, ultimately culminating in the production of divergent rules of international law. (Page reference: 6)

5. Is there any priority among international courts and tribunals?

a) According to the lis pendens rule, the court or the tribunal that seizes first the dispute has exclusive jurisdiction to adjudicate it

b) The International Court of Justice has by definition priority over any other court or tribunal

c) Since there is no lis pendens rule in international law and all depends on the consent of the parties to a dispute, there is no priority or hierarchy among international courts and tribunals

d) Regional or special courts have priority over all others in line of the principle of lex specialis

c) Since there is no lis pendens rule in international law and all depends on the consent of the parties to a dispute, there is no priority or hierarchy among international courts and tribunals; one single case may end up in several courts and tribunals, all of which may decide the case differently. (Page reference: 6-7)

6. What is the major difference between naturalism and positivism?

a) On the one hand, naturalism is based on a set of rules that are of universal and objective scope and on the other hand, positivism is based on a structured and coherent legal system that is created by States in light of their interests and desires

b) While naturalism serves only the theory human rights law, positivism has a wider and more general scope

c) Naturalism concerns the underpinning values of the international society, while positivism the international rules as such

d) Naturalism is a school of thought advocated outside of Europe, while positivism is Euro-centric theory

a) On the one hand, naturalism is based on a set of rules that are of universal and objective scope and on the other hand, positivism is based on a structured and coherent legal system that is created by States in light of their interests and desires. In general, positivism rejects any extra-legal considerations, such as morality, politics etc. (Page reference: 7-8)

7. What is jus cogens?

a) They are peremptory norms of international law, from which no derogations are allowed and which can never be altered even with the consent of the States

b) They are rules of international law that are laid down in multilateral treaties with a wide participation

c) They are the decisions of the UN Security Council

d) They are the rules of international law on which the ICJ founds its decisions

a) They are peremptory norms of international law, from which no derogations are allowed and which can never be altered even with the consent of the States. (Page reference: 10-11)

8. Which rule of jus cogens was the first to be accepted explicitly as such by the ICJ?

a) The prohibition of the use of force

b) The prohibition of torture

c) The prohibition of genocide

d) The principle of self-determination

c) The prohibition of genocide (Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v Rwanda) (2006)). (Page reference: 11)

9. Are the peremptory norms of international law the only norms that set out obligations erga omnes?

a) Yes

b) No, acts of international organizations also set out such obligations

c) No, decisions of international courts also set out such obligations

d) No, even though all peremptory norms set out obligations erga omnes, the latter may also spring from treaties regulating objective regimes or unilateral acts

d) No, even though all peremptory norms set out obligations erga omnes, the latter may also spring from treaties regulating objective regimes or unilateral acts, e.g. the statement of the French President that France would not engage in any atmospheric nuclear tests conducted in the South Pacific region in the context of the Nuclear Tests cases (1974). (Page reference: 11-12)

10. Are there any limits to the application of article 103 of the UN Charter?

a) No, there are no limits to article 103

b) Yes, Article 103 cannot trump multilateral treaties

c) Yes, article 103 of the UN Charter cannot trump jus cogens norms

d) Yes, when a case is submitted to the ICJ, article 103 ceases to have any effect

c) Yes, article 103 of the UN Charter cannot trump jus cogens norms. As it has been held by the European Court of Justice, article 103 of the UN Charter cannot trump jus cogens norms (see ECJ, Yassin Abdullah Kadi and Al Barakaat International Foundation v Council and Commission 2008). (Page reference: 139)

1. Which are the formal sources of international law?

a) Custom, treaties and judicial decisions

b) Custom, general principles of law and theory

c) Treaties, custom and general principles of law

d) Treaties, custom and General Assembly Resolutions

c) Treaties, Custom and General Principles of the Law (see article 38 of the ICJ Statute). (Page reference: 19)

2. Which treaties are considered as 'source of international law' under article 38 ICJ Statute?

a) All treaties that are in force at the time of the dispute

b) Only the treaties that are in force and binding upon the parties to the dispute

c) All treaties that have been concluded between the parties to the dispute, regardless whether they are in force

d) Only treaties that are multilateral and of paramount significance

b) Treaties that are in force and binding upon the parties to the particular dispute. (Page reference: 20)

3. What is required for a general rule of customary law to be formed?

a) Only general, widespread and consistent practice on the part of States is required

b) The consistent practice of few States is sufficient

c) The legal conviction that a certain practice of a State is in accordance with international law is the most significant requirement

d) Both the elements of widespread and consistent State practice and of the opinio juris are required

d) The general, widespread and consistent practice of States coupled with a legal conviction (opinio juris). (Page reference: 21)

4. What kind of State practice is required?

a) Widespread, consistent and uniform practice, consisting both of acts and omissions

b) Only widespread, consistent and uniform acts and not omissions of States

c) Widespread acts and omissions of States but not necessarily consistent or uniform

d) Consistent practice of few States, including both acts and omissions, which is met with protestation by the other States

a) Widespread, consistent and uniform practice of States, including both acts and omissions, which is not met with extensive protestation by the other States. (Page reference: 21-22)

5. Who is a 'persistent objector'?

a) The State which persistently objects to the rule in question after its formation

b) The State which denies to be bound by the rule in question for a short period

c) The State which persistently and publicly objects to the formation of a rule of customary law from its outset

d) The State which accepts the formation of a rule of customary law but it retains objections as to its content

c) The State which persistently and publicly objects to the formation of a rule of a customary law from its outset. (Page reference: 23)

6. Where do we find the 'general principles of law recognized by civilized nations' (article 38 ICJ Statute)?

a) We look for established principles of law recognized only among the most civilised nations

b) We look for established principles of law, which are common to all major legal systems

c) We look for general principles of international law recognized by international courts and tribunals

d) We look for general principles of law recognized by all nations

b) We look for established principles of law, such as good faith or abuse of right, which are common to all major legal systems. (Page reference: 23-24)

7. What is the relationship between the formal sources of international law?

a) There is no hierarchy between the formal sources of international law

b) Treaties supersede custom

c) Custom supersedes treaties

d) General Principles of Law supersede both custom and treaties

a) There is no hierarchy between the formal sources of international law. They can co-exist and complement each other. (Page reference: 25)

8. What is the value of the Resolutions of the UN General Assembly as a 'source' of international law?

a) GA Resolutions are considered as additional sources of international law and thus binding upon States

b) GA Resolutions are equivalent to treaties

c) GA Resolutions reflect always customary law

d) GA Resolutions are considered as material source, in the sense that they may enunciate statements of customary law

d) UN General Assembly Resolutions are not considered as a formal, but only a material source of international law, in the sense that they may enunciate statements of customary law. (Page reference: 25-26)

9. How can customary law be related to treaty provisions?

a) Treaties may only codify customary law

b) Customary law is a different source of international law and it cannot be embodied in treaties

c) Treaties may 1) codify customary law, 2) 'crystallise' customary law, 3) lead to the emergence of customary law

d) Customary law can emerge only from few multilateral treaties

c) Treaties may 1) codify customary law, 2) 'crystallise' customary law, 3) lead to the emergence of customary law. (Page reference: 25)

10. What is 'unilateral acts'?

a) They are acts that States perform as practice in the context of custom

b) They are acts creating unilateral legal obligations to the acting State

c) Unilateral acts are simply political acts of State devoid of any legal effect

d) Unilateral acts are those that State perform in order to be bound by a treaty

b) They are acts creating unilateral legal obligations to the acting State. (Page reference: 26)

1. What is a 'treaty' according to the Vienna Convention on the Law of Treaties (VCLT)?

a) Treaties are all agreements concluded between States, international organizations and non-State entities (e.g. corporations)

b) Treaties are agreements concluded between States in written form and governed by international law

c) Treaties are both the written and oral agreements between States

d) Treaties are agreements concluded between States in written form governed either by international or domestic law

b) Treaties are agreements concluded between States in written form and governed by international law (see article 2 para. 2 VCLT). (Page reference: 32-33)

2. Should treaties assume a particular form?

a) Treaties should always be designated as such and assume a particular form

b) Treaties should always assume a particular form, no matter how they are designated

c) Treaties do not have to assume a particular form or designated as such

d) Treaties have to be designated as such, no matter what form they assume

c) The VCLT does not require that a treaty assume any particular form or be designated as such. What matters is whether its terms are binding upon the parties (see Qatar/Bahrain case, 1994). (Page reference: 33)

3. Who has the authority to conclude a treaty on the part of States?

a) Treaties are concluded by the competent representatives of States. Heads of States, heads of governments, ministers of foreign affairs and heads of diplomatic missions are presumed to have such authority

b) Treaties may only be negotiated and concluded by the heads of State and ministers of foreign affairs

c) Treaties are negotiated and signed only by the persons that bear the necessary 'full powers' and no person is presumed to hold such authority

d) Treaties are concluded only by members of the diplomatic missions of States

a) Treaties are negotiated and concluded by the competent representatives of States. Under article 7(2) VCLT, heads of States, heads of governments, ministers of foreign affairs and heads of diplomatic missions are presumed to have such authority. (Page reference: 34)

4. How may the consent to be bound of a State be expressed?

a) The consent of a State to be bound is expressed only by ratification

b) The consent of a State to be bound by a treaty may be expressed by signature, ratification, acceptance, approval or accession

c) The consent of a State to be bound is expressed by signature

d) The consent of a State to be bound is expressed by whatever means they choose

b) According to Art 11 VCLT, the consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed. (Page reference: 34)

5. Do treaties bind third States, ie non-State parties?

a) Treaties may create only rights for third States

b) Treaties create both obligations and rights for third States

c) Treaties do not create obligations or rights for third States without their consent

d) Treaties do not create any obligations or rights for third States, even when the latter consent

c) In respect of non-State parties a treaty is a res inter alios acta, ie it does not create obligations or rights without their consent (see articles 34-38 VCLT). (Page reference: 35-6)

6. How are treaties to be interpreted?

a) Treaties are to 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 its object and purpose

b) Treaties are to be interpreted only in accordance with the ordinary meaning of their terms

c) Treaties are to be interpreted in accordance with the intention of the parties, as evidenced in the preparatory works of the treaty

d) Treaties are to be interpreted only in light of its object and purpose

a) Under article 31(1) VCLT, a treaty 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 its object and purpose. (Page reference: 36)

7. What does the principle 'pacta sunt servanda' mean?

a) Parties to a treaty should be cognizant of its terms and not misinterpret them

b) Parties to a treaty should safeguard the object and purpose of the treaty

c) Parties to a treaty should adhere to its terms in good faith

d) Parties to a treaty should not violate the most important provisions of the treaty

c) Parties to a treaty should adhere to its terms in good faith (article 26 VCLT). (Page reference: 35)

8. When is a reservation considered as invalid under the law of treaties?

a) A reservation is invalid when the majority of the State parties objects to it

b) A reservation is invalid only when an international tribunal says so

c) A reservation is invalid only when it is incompatible with a peremptory norm of international law (jus cogens)

d) A reservation is invalid when it is incompatible with the object and purpose of the treaty

d) A reservation is invalid when it is incompatible with the object and purpose of the treaty (article 19 VCLT). (Page reference: 37-38)

9. What is 'material breach' of the treaty?

a) 'Material breach' is a ground for the invalidation of a treaty

b) 'Material breach' is the repudiation or a significant violation of the treaty and serves as a ground for the unilateral termination of the treaty

c) 'Material breach' is an insignificant violation of a treaty

d) 'Material breach' is a significant violation of the treaty which can never lead to the termination of the treaty

b) A 'material breach' encompasses the repudiation of a treaty or the violation of any provision essential to the accomplishment of its object or purpose and it serves as a ground for the unilateral termination of the treaty (article 60 VCLT). (Page reference: 40-41)

10. What does the 'fundamental change of circumstances' entail for the treaty?

a) A fundamental change of circumstances concerns the object and purpose of the treaty and it leads to its amendment

b) A fundamental change of circumstances has no bearing on the life of treaties

c) A fundamental change of the circumstances which constituted an essential basis of the consent of the parties to be bound by the treaty and which was not foreseen by the parties, may be invoked as a ground for terminating or withdrawing from the treaty

d) A fundamental change of circumstances leads to the automatic termination of the treaty

c) A fundamental change of the circumstances which constituted an essential basis of the consent of the parties to be bound and which was not foreseen by the parties may be invoked as a ground for terminating or withdrawing from the treaty (see article 62 VCLT). (Page reference: 41)

1. Can countries rely on their domestic law as an excuse to violate their obligations under international law?

a) Domestic law always prevails over international law

b) Only customary international law prevails over domestic law

c) Obligations under international law prevail over domestic law

d) Constitutional obligations always prevail over obligations under international law

c) Obligations under international law prevail over domestic law. A State cannot invoke its internal law to justify failure to perform a treaty (cf. article 27 VCLT).

2. What is the fundamental premise of monist theory?

a) Monism posits that international law is superior to domestic laws

b) Monism posits that international and domestic law are part of the same legal order

c) Monism posits that domestic laws are superior to international law

d) Monism posits that domestic and international law never clash

b) Monism posits that international and domestic law are part of the same, single legal order.

3. What is dualism?

a) Dualism suggests that international and domestic law are part of a unified legal system

b) Under dualism, international and domestic laws comprise distinct legal systems

c) Dualism suggests that international and domestic law are distinct but equal in hierarchy

d) Dualism suggests that international and domestic law are distinct legal systems whereby domestic law always prevails

b) Under dualism, international and domestic law comprise distinct and separate legal systems.

4. What does the doctrine of incorporation suggest in respect of treaties?

a) The doctrine of incorporation requires that all treaties undergo legislative transformation before they become domestic law

b) The doctrine of incorporation does not require any further action at the domestic level

c) The doctrine of incorporation treats treaties as inferior to domestic law

d) The doctrine of incorporation suggests that ratified treaties automatically pass into the sphere of domestic law

d) The doctrine of incorporation suggests that ratified treaties automatically pass into the sphere of domestic law without further legislative action.

5. What are self-executing treaties?

a) Self-executing treaties are adopted only by the executive

b) Self-executing treaties are clear and precise enough so as not to require any further implementing measures

c) Self-executing treaties rely on implementing measures stipulated in the treaty itself

d) Self-executing treaties follow the doctrine of transformation

b) Self-executing treaties are sufficiently clear and precise that they do not require any further implementing measures to take effect domestically.

6. What is the fundamental prerequisite for the incorporation of custom under English law?

a) Custom is incorporated if it is not in conflict with existing legislation

b) Custom is superior to English law and is always incorporated

c) Custom must first be recognised by Parliament before the courts can bring it into the domestic sphere

d) Custom is incorporated with the passing of implementing legislation

a) Customary international law is incorporated automatically, provided it is not in conflict with existing legislation.

7. What dimension did the Kadi judgment introduce with respect to the incorporation of UN Security Council resolutions?

a) The Kadi judgment demanded that UNSC resolutions are construed in accordance with human rights

b) The Kadi judgment demanded that all UNSC resolutions be incorporated without any further implementing legislation

c) The Kadi judgment required that important UNSC resolutions be transformed and not merely incorporated

d) The Kadi judgment claimed that UNSC resolutions are not binding if they violate human rights

a) The Kadi judgment demanded that UNSC resolutions be construed and applied in accordance with fundamental human rights.

8. What was the consequence from the absence of implementing legislation in the Tin Council case?

a) The International Tin Council was headquartered in London and hence the absence of implementing legislation was inconsequential

b) The constitutive treaties of international organisations are subject to the doctrine of incorporation

c) The absence of implementing legislation with respect to the Council's founding treaty meant that individuals did not derive rights and duties from it in the English legal system

d) The absence of implementing legislation in England in respect of an international organisation is inconsequential under international law

c) Because the Council's founding treaty had not been implemented by legislation, individuals could not derive rights and duties from it within the English legal system.

9. Are there any limitations to the incorporation of customary crimes under English law?

a) There are no limitations to the incorporation of customary crimes

b) Customary crimes must be contained in a multilateral treaty in order to be automatically incorporated

c) The courts may freely incorporate customary crimes into the domestic sphere

d) The situation is not clear-cut but an act of parliament would most probably be required

d) The position is not clear-cut, but an Act of Parliament would most probably be required to incorporate customary crimes.

10. Is the recognition of foreign judgments subject to the same rules as those applicable to the incorporation and transformation of treaties?

a) Foreign judgments are enforced on the basis of the doctrine of incorporation

b) Foreign judgments are enforced on the basis of the doctrine of transformation

c) The recognition of foreign judgments is dependent on the existence of appropriate bilateral or multilateral treaties

d) The courts exercise discretion as to the enforcement of foreign judgments on the basis of the rule of comity

d) No. The courts exercise discretion as to the enforcement of foreign judgments on the basis of the rule of comity.

1. What is the meaning of international legal personality?

a) It means that only States are considered subjects of international law

b) It means having rights and duties under international law and a capacity to enforce these by or against the relevant actor

c) It means that an entity may challenge the authority of States

d) It is a term meant to denote legal, as opposed to physical, persons under international law

b) International legal personality means having rights and duties under international law and a capacity to enforce these, whether before a domestic or international court or an executive authority. (Page reference: 60)

2. What are the criteria for statehood under the 1933 Montevideo Convention?

a) It requires that the entity in question is not an aggressor and that it is peaceful

b) It requires recognition by the majority of other nations

c) It requires a permanent population, a defined territory, a government and a capacity to enter into foreign relations

d) It requires stable and indissoluble borders as well as recognition

c) The Montevideo Convention requires the existence of a permanent population, a defined territory, a government and the capacity to enter into foreign relations. (Page reference: 61-62)

3. What other criteria were imposed by the Badinter Commission on the former Yugoslav republics?

a) The Commission required a commitment to submit disputes to the ICJ

b) The Commission required a change in boundaries

c) The Commission required a commitment to human rights and democracy

d) The Commission required an exchange of ethnic populations

c) The Badinter Commission required the former Yugoslav republics to demonstrate a real commitment to human rights and democracy in order to be recognised by the EU. (Page reference: 63)

4. What is meant by an international organisation's implied powers?

a) Implied powers are those which are necessary in order for an organisation to carry out the tasks conferred upon it and which are not stipulated in its charter

b) It refers to new powers assumed unilaterally by the organisation

c) It refers to powers conferred upon the organisation by the international community

d) Implied powers are those whose determination depends on an expansive interpretation of an organisation's charter

a) According to the ICJ in the Reparations case, organisations enjoy not only the powers conferred upon them by their constitutive treaty, but also those powers which are necessary for undertaking the tasks incumbent upon them. (Page reference: 64)

5. May States incur liability for the debts and wrongdoings attributable to an international organisation to which they are parties?

a) Member States cannot hide behind an organisation's corporate veil

b) The legal person of the organisation is distinct from that of its member States

c) Organisations and their member States are equally liable for any wrongdoings attributable to the organisation

d) Member States are alone liable for debts and wrongdoings attributable to the organisation

b) The legal person of the organisation is distinct from that of its member States. Therefore, member States do not incur liability from the debts and other wrongs attributable to organisations to which they are parties. (Page reference: 65)

6. Do individuals (physical persons) enjoy international legal personality in the same manner as States and international organisations?

a) Individuals enjoy international legal personality, but this is limited

b) Individuals enjoy unlimited international legal personality

c) Individuals do not enjoy any international legal personality

d) Individuals can only bring claims before international courts

a) Individuals enjoy international legal personality but only to the extent that particular rights and duties have been conferred upon them by States. (Page reference: 66)

7. What is the declaratory theory of recognition?

a) Recognition is determinative for the existence of statehood

b) Recognition is simply declaratory of statehood but not determinative

c) Recognition is merely a declaration of interest

d) Recognition requires a declaration by the newly-created State

b) The declaratory theory of recognition posits that recognition of one State by another is not determinative for the existence of statehood. (Page reference: 68)

8. What is the constitutive theory of recognition?

a) Recognition is determinative of statehood

b) Recognition requires constitutional approval by third nations

c) Recognition requires that the constitution of the recognised State includes sufficient human rights guarantees

d) Countries wishing to be recognised must possess a valid constitution

a) The constitutive theory of recognition posits that recognition is required in order for newly-created entities to become part of the community of nations and acquire statehood. (Page reference: 68)

9. What is the meaning of functional recognition?

a) Recognition is a function as opposed to a power

b) Recognition is reciprocal between two States

c) Recognition is only afforded to particular administrative acts, not to the entity's declared statehood

d) Recognition is only afforded to the government, not the State

c) An entity whose statehood is not otherwise recognised may nonetheless enjoy recognition of its administrative acts in order to facilitate the everyday activities of the people living on its territory. (Page reference: 68)

10. Is recognition of governments prevalent in contemporary international practice?

a) Recognition of governments is very prevalent in contemporary practice

b) Recognition of governments has largely been replaced by functional recognition

c) Government recognition is common in respect of rebel entities

d) Only democratic governments are recognised in contemporary practice

b) Recognition of governments is no longer prevalent. Short of recognising statehood, States now apply functional recognition. (Page reference: 69)

1. What is the ordinary geographical scope of jurisdiction?

a) Jurisdiction is ordinarily extra-territorial

b) Jurisdiction is ordinarily on the high seas

c) Jurisdiction is ordinarily territorial

d) Jurisdiction is determined by the location of the offender

c) Jurisdiction is ordinarily territorial and exceptionally extra-territorial. (Page reference: 76)

2. Which State ordinarily exercises jurisdiction in respect of crimes committed on board vessels?

a) The coastal State

b) The flag State

c) All States enjoy such jurisdiction

d) The International Tribunal for the Law of the Sea

b) This type of jurisdiction ordinarily belongs to the flag State. (Page reference: 77)

3. What is the effects doctrine?

a) It posits that jurisdiction exists only when it is effective

b) The effects doctrine serves to confer jurisdiction on the State which has an effective link with the harmful conduct

c) The effects doctrine serves to confer jurisdiction on the State sharing the nationality of the offender

d) The effects doctrine serves to confer jurisdiction to the State on whose territory the conduct produces effects

d) States applying the effects doctrine assert jurisdiction over otherwise extra-territorial conduct which produces effects on their territory. (Page reference: 77-78)

4. What is passive personality jurisdiction?

a) It is jurisdiction based on the nationality of the offender

b) It is jurisdiction based on where the offence was committed

c) It is jurisdiction based on the nationality of the victims

d) It is jurisdiction based on the country where the legal person was registered

c) It is extra-territorial jurisdiction based on the nationality of victims in respect of extra-territorial criminal conduct. (Page reference: 79)

5. What is the protective principle of jurisdiction?

a) It is jurisdiction based on the harm to national interests by conduct committed abroad

b) It is jurisdiction in order to protect one's nationals abroad

c) It is jurisdiction in order to protect international human rights

d) It is jurisdiction based on the nationality of the offender

a) It is extra-territorial jurisdiction based on the harm to national interests in respect of conduct committed abroad. (Page reference: 80)

6. What is the purpose of universal jurisdiction?

a) Its aim is to establish certain offences as universal

b) Its aim is to deter the commission of certain international crimes

c) Its aim is to provide jurisdiction to all States in respect of particular crimes

d) Its aim is to provide jurisdiction to all States in respect of all international crimes

c) The aim of universal jurisdiction is to provide jurisdiction to all States in respect of specific heinous international crimes. (Page reference: 80-81)

7. Is piracy under international (jure gentium) law subject to universal jurisdiction?

a) Piracy jure gentium is subject to flag State jurisdiction

b) Piracy jure gentium is subject to universal jurisdiction

c) Piracy jure gentium is subject to port State jurisdiction

d) Piracy jure gentium is subject to nationality-based jurisdiction

b) Piracy jure gentium is subject to universal jurisdiction under the Law of the Sea Convention and customary international law. (Page reference: 81, 107-08)

8. Is the jurisdiction of international tribunals regulated by the same principles applicable to national courts?

a) The jurisdictional principles applicable to national courts are also common to international tribunals

b) The jurisdiction of all international tribunals is regulated by the UN Security Council

c) International tribunals share some, but not all, of the jurisdictional principles applicable to national courts

d) The jurisdiction of international tribunals is dictated solely by their founding treaties

d) The jurisdiction of international tribunals is dictated solely by their founding treaties or statutes. (Page reference: 76)

9. Is extra-territorial abduction a ground for refusal of otherwise lawful jurisdiction by English courts?

a) Such abduction constitutes abuse of process and leads to a stay of proceedings

b) Such abduction gives rise to the abductor's liability but does not lead to a stay of proceedings

c) The stay of proceedings under such circumstances would prevent the administration of justice in respect of international criminals

d) The courts may, but will seldom, stay proceedings in cases of extra-territorial abduction

a) Following the case of Bennett, any abuse of process, including unlawful abduction of an accused, leads to a stay of jurisdiction in England. (Page reference: 81-82)

10. What does it mean for a State to be sovereign?

a) Sovereignty means being recognised by all other States

b) Sovereignty means to be able to enter into treaties and join the UN

c) Sovereignty means freedom to determine one's own affairs without external interference

d) Sovereignty means possessing the right to defend oneself

c) Sovereignty denotes a State's freedom to determine its own affairs without any form of external interference. (Page reference: 75)

1. What is the purpose of sovereign immunity?

a) The purpose of immunity is to protect foreign Heads of State from embarrassment

b) Immunity protects a State from being invaded by another

c) Immunity shields States from being sued in the courts of other States

d) The purpose of immunity is to offer impunity in respect of all crimes

c) The purpose of sovereign immunity is to shield States from being sued in the courts of other States. (Page reference: 88)

2. What is an act jure imperii?

a) An act is jure imperii when undertaken by an international organisation

b) An act is jure imperii when undertaken in an official State capacity

c) All acts undertaken by State officials are acts jure imperii

d) An act is jure imperii when undertaken by a State corporation

b) It is an act, or conduct, undertaken in a public or official capacity by a State or a State official. (Page reference: 89)

3. What is an act jure gestionis?

a) Acts jure gestionis are those undertaken by States in a private capacity

b) All purchases by the State are acts jure gestionis

c) All acts undertaken by State corporations are jure gestionis

d) All conduct undertaken by government officials in their free time is considered jure gestionis

a) Acts jure gestionis are those undertaken by States in a private capacity. These do not benefit from immunity. (Page reference: 89-90)

4. Is the unlawful homicide committed by a Minister of country X abroad an act jure imperii or jure gestionis?

a) Such conduct is a public act (jure imperii)

b) Such conduct never attracts immunity

c) Such conduct is a private act (jure gestionis)

d) Such conduct is a public act but is shielded by immunity

c) Unlawful personal conduct is never a public act, as it is generally considered that it is not the function of the State to commit crimes. The particular conduct may, however, attract a specific immunity, such as personal immunity. (Page reference: 89-90)

5. What is the meaning of the "act of State" doctrine?

a) The act of State doctrine denotes that all State acts attract immunity

b) The act of State doctrine denotes that the assessment as to the existence of an alleged tort committed by a State belongs to the executive and not the courts

c) The act of State doctrine denotes that the courts are well placed to assess the existence of an alleged tort committed by the State

d) The act of State doctrine is a legal mechanism that allows the courts to provide immunity to public acts of foreign States

b) The act of State doctrine, a product of US jurisprudence, suggests that the existence of an alleged tort committed by a foreign State has to be assessed by the executive, and not the courts, as to whether it constitutes a governmental act. (Page reference: 91)

6. What is personal (ratione personae) immunity?

a) Personal immunity is afforded to all physical persons

b) Personal immunity is that which is afforded in a personal capacity and hence does not cover conduct of the State as such

c) Personal immunity is afforded only to particular persons irrespective of whether their conduct was undertaken in a private or public capacity

d) Personal immunity is afforded to State officials for conduct undertaken in a public capacity

c) Personal immunity is afforded to particular individuals, irrespective of whether their conduct was undertaken in a public or private capacity. These include heads of State and foreign ministers. (Page reference: 92)

7. What is functional (ratione materiae) immunity?

a) Functional immunity covers the person but not the act

b) Functional immunity covers the act and incidentally also the person committing the act

c) Functional immunity covers the State and incidentally also the act

d) Functional immunity covers both private and public acts as long as they are sanctioned by the State

b) Functional immunity is afforded to State officials not in respect of their status as such. The immunity covers the particular act and incidentally offers immunity also to the person committing the act. (Page reference: 93)

8. What was the outcome before the European Court of Human Rights in the Al-Adsani case?

a) The Court held that the right to a fair trial trumped the privilege of immunity

b) The Court held that immunity trumped the right to a fair trial

c) The Court held that immunities were not in conflict with the right to a fair trial

d) The Court held that human rights considerations prevailed over all other contrary rules of international law, including most immunities

c) It was held that immunities were not in conflict with the right to a fair trial and judicial remedies. The two served distinct purposes under international law. (Page reference: 93, 95)

9. What is the principal source of immunity in respect of international organisations (IOs)?

a) The principal source of immunity for IOs is the UN Charter

b) The principal sources of immunity for IOs are headquarters agreements and multilateral treaties providing specific immunities

c) The principal source of immunity for IOs is customary law

d) The principal source of immunity for IOs is the Vienna Convention on Diplomatic Immunities

b) The principal sources of immunity in respect of international organisations are headquarters agreements and multilateral agreements covering the organisation in question. (Page reference: 95)

10. What was the most important finding by the House of Lords in the Pinochet case?

a) The Pinochet case confirmed that former heads of State enjoy absolute immunity

b) The Pinochet case confirmed that all public acts enjoy immunity

c) The Pinochet case confirmed that former heads of State cease to enjoy personal immunity once removed from office

d) The Pinochet case confirmed that in respect of immunities there is no difference between a current and a former head of State

c) The House of Lords importantly held that former heads of State cease to enjoy personal immunity once they are removed from office. (Page reference: 93)

1. What is the meaning of 'secondary rules' in the law of international responsibility?

a) Secondary rules are the rules of interpretation of international law, including the law of international responsibility

b) Secondary rules are the rules that govern the legal consequences arising from a breach of the primary rules, ie of the international obligations of States

c) Secondary rules are the rules that govern exclusively the concept of attribution in the law of international responsibility

d) Secondary rules are the rules that govern exclusively the law of countermeasures

b) Secondary rules are the rules that govern the legal consequences arising from a breach of the primary rules, ie of the international obligations of States. (Page reference: 115)

2. What is an 'internationally wrongful conduct'?

a) An internationally wrongful conduct is an action or omission which is in breach of a rule of international criminal law

b) An internationally wrongful conduct is every breach of an international obligation of the State, whether attributable to it or not

c) An internationally wrongful conduct consists of an action or omission attributable to the State, which constitutes a breach of an international obligation of the State

d) An internationally wrongful conduct is the conduct that cannot be excused on grounds of necessity, force majeure etc

c) An internationally wrongful conduct consists of an action or omission (a) attributable to the State under international law and (b) constituting a breach of an international obligation of the State (article 2 ASR). (Page reference: 116)

3. Are all acts of State organs attributed to the State under the law of international responsibility?

a) The conduct of any State organ shall be considered an act of that State, even where this conduct was unauthorized or ultra vires

b) Only the conduct of the higher echelons of the government of a State shall be attributable to it

c) The conduct of any State organ shall be considered an act of that State, provided that it is intra vires

d) Only the conduct of the executive branch of the State shall be considered an act of that State

a) The conduct of any State organ — all individuals or collective entities that make up the organization of the State and act on its behalf — shall be considered an act of that State, even where the conduct was unauthorized or ultra vires (see articles 4 and 7 ASR). (Page reference: 116-17)

4. Which persons are considered as 'de facto' organs of the State under the law of international responsibility?

a) 'De facto organs' are the individuals empowered by law to exercise elements of governmental authority

b) 'De facto organs' are the persons who are in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct

c) 'De facto organs' are the de jure organs of the State that act without due authority or ultra vires

d) 'De facto organs' are the organs whose acts or omissions cannot be attributed to the State

b) Article 8 ASR provides that the conduct of a person or group of persons shall be considered an act of a State if the person or group is in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct. (Page reference: 117)

5. When can 'consent' serve as a circumstance precluding the wrongfulness of a State conduct?

a) Consent can serve as a circumstance precluding wrongfulness whenever it is given

b) Consent can never serve as a circumstance precluding wrongfulness

c) Consent can serve as a circumstance precluding wrongfulness, provided the consent is valid and to the extent that the conduct remains within the limits of the consent given

d) Consent can always serve as a circumstance precluding wrongfulness, no matter which organ of the State gives it

c) Consent to particular conduct done by another State precludes the wrongfulness of that act in relation to the consenting State, provided the consent is valid and to the extent that the conduct remains within the limits of the consent given (see article 20 ASR). (Page reference: 120)

6. When are countermeasures illegal?

a) Countermeasures are illegal when, inter alia, they are disproportionate or in violation of a peremptory norm of international law (e.g. the use of force, human rights)

b) Countermeasures are illegal when they are taken in the course of an armed conflict

c) Countermeasures are illegal when they violate bilateral treaties

d) Countermeasures are illegal when the responsible State does not consent to them

a) Countermeasures are legal provided the conditions in articles 49-54 ASR are met, including proportionality and non-contravention of a peremptory norm of international law. (Page reference: 121)

7. When may a State lawfully invoke necessity as a circumstance precluding wrongfulness?

a) Necessity may be invoked by a State when its organ had no other reasonable way of saving his life

b) Necessity may be invoked by a State only in cases of environmental disasters

c) Necessity may be invoked by a State when it acts under the pressure of an irresistible force or an unforeseen event

d) Necessity may be invoked by a State in the exceptional cases where the only way it can safeguard an essential interest threatened by a grave and imminent peril is, for the time being, to avoid performing some other international obligation of lesser weight or urgency

d) A State may invoke the plea of necessity in the exceptional cases where the only way it can safeguard an essential interest threatened by a grave and imminent peril is, for the time being, to avoid performing some other international obligation of lesser weight or urgency. (Page reference: 122)

8. What forms may the obligation of reparation take?

a) Reparation may take only the form of pecuniary compensation, including interest

b) Reparation denotes only the physical restitution of the wrongful act

c) Reparation includes restitution, compensation, and satisfaction, either alone or alongside other forms of reparation

d) The form of reparation is a matter for the responsible State to decide

c) Reparation includes restitution, compensation, and satisfaction, either alone or alongside other forms of reparation (article 34 ASR). (Page reference: 123)

9. Who is an 'injured State' in the law of international responsibility?

a) A State is 'injured' if it has suffered a damage from the internationally wrongful conduct

b) A State is 'injured' if there has been a violation of a peremptory norm of international law

c) A State is 'injured' if it acknowledges the existence of the internationally wrongful conduct

d) A State is 'injured' if the obligation breached was owed to it individually, or if it was owed to a group of States including that State and it was specially affected

d) A State is 'injured' if the obligation breached was owed to it individually, or if it was owed to a group of States including that State and it was specially affected (see article 42 ASR). (Page reference: 124)

10. In which cases may a non-injured State invoke the responsibility of the culprit State?

a) Only where the injured State has authorized a non-injured one to invoke the responsibility on its behalf

b) In cases of breaches of specific obligations protecting the collective interests of a group of States (obligations erga omnes partes) or the interests of the international community as a whole (obligations erga omnes)

c) In cases of violation of acts of international organizations, such as General Assembly Resolutions

d) In cases of non-compliance with a decision of an international court or tribunal

b) In cases of breaches of obligations protecting the collective interests of a group of States (erga omnes partes) or the interests of the international community as a whole (erga omnes), responsibility may be invoked by States which are not themselves injured (article 48 ASR). (Page reference: 124-25)

1. What is the obligation of the peaceful settlement of disputes?

a) It is an obligation of result, that is, States are under a strict obligation to resolve their disputes as soon as possible

b) It is an obligation of conduct, ie States have an obligation to try to resolve their disputes through peaceful means; this does not entail an obligation to resolve them

c) It is a peremptory norm of international law and all States have a legal interest to safeguard its application in any given dispute

d) It is an obligation which concerns solely international courts and tribunals

b) It constitutes an obligation of conduct: States have an obligation to try to resolve their disputes through peaceful means. This does not entail an obligation actually to resolve their disputes. (Page reference: 130-31)

2. Is there any hierarchy or priority among the various methods of peaceful settlement of disputes?

a) Yes, all the political methods (e.g. negotiation, mediation, inquiry, conciliation) should be exhausted prior to resorting to legal methods

b) Legal methods prevail over the political methods, since they are binding upon the parties

c) There is no hierarchy among these methods and the choice belongs to the disputing States

d) It is a matter for an impartial third party to decide which method will have priority over the other

c) There is no hierarchy among these methods and the choice belongs to the disputing States. (Page reference: 130-31)

3. What is the difference between political and legal means of dispute settlement?

a) The outcome arising from legal methods (arbitration or adjudication by the ICJ) is final and binding upon the parties, whereas this is not the case with diplomatic methods

b) The political methods are pursued upon the consent of the parties to the dispute, whereas the legal methods are not

c) The political means lead to a final settlement of the dispute, whereas this is not the case with the legal methods

d) The legal methods are pursued only in respect of significant disputes, whereas the political means are employed in all disputes

a) The outcome arising from legal methods, ie arbitration or adjudication by the ICJ, is final and binding upon the parties, whereas this is not the case with diplomatic methods. (Page reference: 131-32)

4. Are States under any obligation when they conduct negotiations?

a) States are under no obligation as to how they conduct their negotiations

b) States are under an obligation so to conduct themselves that the negotiations are meaningful

c) States are under an obligation to find a solution to the dispute whenever they conduct negotiations

d) States are under an obligation to inform the UN Secretary-General about the progress of their negotiations

b) According to the ICJ, States are under an obligation so to conduct themselves that the negotiations are meaningful, which will not be the case where either insists upon its own position without contemplating any modification of it (North Sea Continental Shelf cases, 1969). (Page reference: 131)

5. What is the difference between conciliation and mediation?

a) Conciliation is the continuation of mediation, with the difference that conciliation produces a binding result while mediation does not

b) Conciliation is conducted exclusively by representatives of the UN Secretary-General, while mediation may also be conducted by third States' officials

c) Mediation is usually conducted by a person appointed with the consent of the parties, while conciliation involves a commission which proceeds to an impartial examination of the dispute and proposes settlement terms

d) Conciliation is a method of dispute settlement pursued only by virtue of a treaty, while mediation may also be ad hoc

c) Conciliation is a continuation of mediation in a formal or institutionalized sense. Mediation is usually conducted by a person appointed with the consent of the parties, while conciliation involves a commission which proceeds to an impartial examination of the dispute and proposes settlement terms. (Page reference: 132-33)

6. How are the members of the arbitral tribunal appointed?

a) Each party selects one or two members of the arbitral tribunal, while the president of the tribunal (the umpire) is selected by the arbitrators or the president of the ICJ

b) All the members of the arbitral tribunal are appointed by the parties

c) All the members of the arbitral tribunal are appointed by an impartial third party, such as the president of the ICJ

d) All the members of the arbitral tribunal are appointed by the parties from a restricted list of arbitrators

a) Each party selects one or two members of the arbitral tribunal, while the president of the tribunal, the umpire, is selected by the arbitrators or the president of the ICJ. (Page reference: 133)

7. What is the judge ad hoc?

a) If a party to a contentious case before the ICJ does not have a national sitting as judge, it is entitled to nominate someone as a judge solely for that case, with the title of judge ad hoc

b) Judge ad hoc is the member of the bench of the ICJ with a casting vote

c) Judge ad hoc is a surrogate judge, in case a judge is disqualified or passes away

d) Judge ad hoc is the judge that each party will always nominate in every contentious case

a) If a party to a contentious case before the ICJ does not have a national sitting as judge, it is entitled to nominate someone as a judge solely for that case, with the title of judge ad hoc. (Page reference: 135)

8. What is the 'optional clause' in the ICJ Statute?

a) The optional clause is the clause in the ICJ Statute which provides for the applicable law, according to the intention of the parties

b) The optional clause determines the intention of the parties to accept that the decision of the Court will be final and binding

c) The optional clause is the declaration deposited by a State whereby it accepts the jurisdiction of the Court in respect of legal disputes in relation to any other State accepting the same obligation

d) The optional clause is the clause that the parties deposit, which sets out the procedure of the written and oral pleadings

c) Under article 36(2) ICJ Statute, a State may deposit with the UN Secretary-General a declaration whereby it accepts the jurisdiction of the Court in respect of legal disputes in relation to any other State accepting the same obligation. Such declarations accept the jurisdiction of the Court as compulsory. (Page reference: 137)

9. Are the provisional measures issued by the ICJ binding upon the parties?

a) No, according to the literal interpretation of the relevant provision, the provisional measures are not binding

b) No, unless the parties have agreed so beforehand

c) It depends upon the Court whether the provisional measures will be binding

d) Yes, it has been consistently held by the Court since the LaGrand case (2001) that they are binding

d) Even though the wording of article 41 ICJ Statute ('indicate', 'measures to be taken') suggests provisional measures are not binding, the Court has consistently held since the LaGrand case (2001) that they are binding. (Page reference: 138)

10. Who is entitled to request an advisory opinion of the ICJ?

a) Only the principal organs of the UN may request an advisory opinion (Security Council, General Assembly, ECOSOC, Trusteeship Council, Secretariat)

b) All international organizations may request an advisory opinion

c) The General Assembly and the Security Council may request advisory opinions on any legal question, as well as other UN organs and specialized agencies authorized by the General Assembly, on legal questions arising within the scope of their activities

d) The principal organs of the UN may request an advisory opinion, as well as States authorized by the General Assembly

c) Under article 96(1) UN Charter, the General Assembly or the Security Council may request advisory opinions on any legal question, and other UN organs and specialized agencies authorized by the General Assembly may request advisory opinions on legal questions arising within the scope of their activities. (Page reference: 140)

1. Was the use of armed force permitted prior to the United Nations Charter?

a) Armed force was prohibited

b) Armed force was permitted with no restrictions

c) Armed force was permitted subject to few restrictions

d) Armed force was not regulated under international law prior to 1945

c) Prior to the UN Charter the League of Nations Covenant simply imposed a cooling-off period before States decided to wage war, and the Kellogg-Briand Pact merely condemned recourse to war and renounced it as an instrument of national policy. (Page reference: 146)

2. What types of force does Article 2(4) of the UN Charter prohibit?

a) Article 2(4) encompasses only armed force

b) Article 2(4) encompasses all types of force, including sanctions

c) Article 2(4) encompasses all interference in the domestic affairs of States

d) Article 2(4) encompasses force directed only against a State's territorial integrity

a) Article 2(4) prohibits only 'armed' force, from the slightest (e.g. removal of mines from the sea) to the most severe (large-scale armed conflicts). It does not include non-armed action such as sanctions. (Page reference: 147)

3. What is the meaning of "armed attack" in Article 51 UN Charter?

a) "Armed attack" includes all types of armed force

b) "Armed attack" includes all high intensity instances of armed force

c) "Armed attack" includes terrorist attacks

d) An "armed attack" gives the right to invade the aggressor State

b) Armed attack encompasses only very significant, high-intensity instances of armed force. It is only against these that the victim State may respond with force. (Page reference: 149)

4. Is the ICJ hostile to the idea that an armed attack may arise through a series of lower intensity, yet cumulative, instances of armed force?

a) The ICJ was not hostile to the accumulation theory

b) The concept of an armed attack refers to a single attack, not multiple smaller instances of armed force

c) In the Nicaragua case the ICJ dismissed the accumulation theory

d) The ICJ has never addressed this issue

a) In the Oil Platforms case the ICJ was not hostile to the idea that a series of low intensity but cumulative incidents of armed force may, in certain circumstances, amount to an armed attack. (Page reference: 149)

5. What is the meaning of proportionality in relation to the options available to the victim State?

a) The victim State may use the same means and intensity of force as the aggressor

b) The victim State may use any means to defeat and incapacitate the aggressor

c) The victim State may only use such means and force as is necessary to defeat the aggressor

d) The victim State can do nothing without Security Council approval

c) The victim State may only take such defensive action as is necessary to avert the armed attack and incapacitate the aggressor. It need not use the same means and intensity of armed force as the aggressor. (Page reference: 149-50)

6. Can armed violence perpetrated by non-State actors ever amount to an armed attack under Article 51 UN Charter?

a) The conduct of non-State actors can never amount to an armed attack

b) The Caroline case serves as precedent that non-State actors can, under particular circumstances, commit an armed attack

c) There is no precedent in international law for the proposition that non-State actors can commit an armed attack

d) Non-State actors can both commit an armed attack and possess a right of self-defence under international law

b) The Caroline case serves as sound precedent that the actions of non-State actors can give rise to self-defence and thus amount to an armed attack. The UNSC implicitly held following the 9/11 attacks that terrorist conduct of such magnitude gives rise to a right of self-defence. (Page reference: 151)

7. What was the particular advantage of UNSC Resolution 678 over a collective defensive action under Article 51 UN Charter during the Gulf War?

a) Resolution 678 allowed the allies to attack Iraq with nuclear and chemical weapons

b) Resolution 678 is narrower than the inherent right of self-defence under Article 51 UN Charter

c) Resolution 678 was faster to adopt and negotiate

d) Resolution 678 is broader because it authorised the use of force with respect to any matter threatening the peace and security of the Gulf region

d) Self-defence under Article 51 allows the victim State and its allies to respond proportionately. Resolution 678 provided the allies with a right to take any measures threatening peace and security in the region, broader than the initial attack by Iraqi forces. (Page reference: 154-55)

8. What is the meaning of collective security?

a) The right to self-defence by more than one nation acting in concert

b) The right of one's allies to defend the victim State

c) The authorisation of armed force by the UN Security Council

d) The authorisation of peacekeeping missions by the UN General Assembly

c) Collective security is the authorisation of armed force by the UN Security Council following the adoption of a relevant resolution. (Page reference: 154-55)

9. What is the meaning of implied authorisation?

a) Presumption of Security Council approval of armed force when a State has been forewarned

b) Implicit authorisation on the basis of a specific number of votes by UNSC members

c) Presumption that all unlawful attacks will be subject to armed force by a resolution of the UNSC

d) In cases of repeated unlawful attacks the UNSC shall authorise neighbouring States to take whatever measures they deem necessary

a) Implied authorisation is a notion developed by several permanent members of the UNSC whereby, in the absence of a Council resolution authorising force, such authorisation will be deemed granted if the attacking State had been forewarned. (Page reference: 155)

10. In what way is Responsibility to Protect (R2P) different from humanitarian intervention?

a) R2P is essentially the same as humanitarian intervention

b) R2P requires a call for assistance by the State in distress

c) R2P is less arbitrary because it requires some UNSC input and its primary objective is to avert a humanitarian crisis

d) R2P always involves armed force, whereas humanitarian intervention does not

c) R2P requires some UNSC input and is not undertaken arbitrarily on a unilateral basis. It engages the collective responsibility of the international community as a whole. (Page reference: 156)