Chapter 5 Multiple choice questions

. What is the meaning of international legal personality?

It means that only States are considered subjects of international law

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

It means that an entity may challenge the authority of States

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

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

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

It requires recognition by the majority of other nations

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

It requires stable and indissoluble borders as well as recognition

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

The Commission required a commitment to submit disputes to the ICJ

The Commission required a change in boundaries

The Commission required a commitment to human rights and democracy

The Commission required an exchange of ethnic populations

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

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

It refers to new powers assumed unilaterally by the organisation

It refers to powers conferred upon the organisation by the international Community

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

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

Member States cannot hide behind an organisation's corporate veil

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

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

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

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

Individuals enjoy international legal personality, but this is limited

Individuals enjoy unlimited international legal personality

Individuals do not enjoy any international legal personality

Individuals can only bring claims before international courts

. What is the declaratory theory of recognition?

Recognition is determinate for the existence of statehood

Recognition is simply declaratory of statehood but not determinate

Recognition is merely a declaration of interest

Recognition requires a declaration by the newly-created State

. What is the constitutive theory of recognition?

Recognition is determinative of statehood

Recognition requires constitutional approval by third nations

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

Countries wishing to be recognised must possess a valid constitution

. What is the meaning of functional recognition?

Recognition is a function as opposed to a power

Recognition is reciprocal between two States

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

Recognition is only afforded to the government, not the State

. Is recognition of governments prevalent in contemporary international practice?

Recognition of governments is very prevalent in contemporary practice

Recognition of governments has largely been replaced by functional Recognition

Government recognition is common in respect of rebel entities

Only democratic governments are recognised in contemporary practice

Chapter 5 Multiple choice questions

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