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Chapter 7 Multiple choice questions
Return to International Law Concentrate 5e Student Resources
Chapter 7 Multiple choice questions
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What is the purpose of sovereign immunity?
The purpose of immunity is to protect foreign Heads of State from embarrassment
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Immunity protects a State from being invaded by another
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Immunity shields States from being sued in the courts of other States
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The purpose of immunity is to offer impunity in respect of all crimes
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What is an act
jure imperii
?
An act is
jure imperii
when undertaken by an international organisation
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An act is
jure imperii
when undertaken in an official State capacity
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All acts undertaken by State officials are acts
jure imperii
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An act is
jure imperii
when undertaken by a State corporation
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What is an act
jure gestionis
?
Acts
jure gestionis
are those undertaken by States in a private capacity
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All purchases by the State are acts
jure gestionis
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All acts undertaken by State corporations are
jure gestionis
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All conduct undertaken by government officials in their free time is considered
jus gestionis
.
correct
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Is the unlawful homicide committed by Minister of country X abroad an act
jure imperii
or
jure gestionis
?
Such conduct is a public act (
jure imperii
)
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Such conduct never attracts immunity
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Such conduct is a private act (
jure gestionis
)
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Such conduct is a public act but is shielded by immunity
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What is the meaning of "act of State" doctrine?
The act of State doctrine denotes that all State acts attract immunity
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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
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The act of State doctrine denotes that the courts are well placed to assess the existence of an alleged tort committed by the State
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The act of State doctrine is a legal mechanism that allows the courts to provide immunity to public acts of foreign States
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What is personal (
ratione personae
) immunity?
Personal immunity is afforded to all physical persons
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Personal immunity is that which is afforded in a personal capacity and hence does not cover conduct of the State as such
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Personal immunity is afforded only to particular persons irrespective if their conduct was undertaken in a private or public capacity
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Personal immunity is afforded to State officials for conduct undertaken in a public capacity
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What is functional (
ratione materiae
) immunity?
Functional immunity covers the person but not the act
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Functional immunity covers the act and incidentally also the person committing the act
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Functional immunity covers the State and incidentally also the act
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Functional immunity covers both private and public acts as long as they are sanctioned by the State
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What was the outcome before the European Court of Human Rights in the Al-Adsani case?
The Court held that the right to a fair trial trumped the privilege of immunity
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The Court held that immunity trumped the right to a fair trial
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The Court held that immunities were not in conflict with the right to a fair trial
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The Court held that human rights considerations prevailed over all other contrary rules of international law, including most immunities
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What is the principal source of immunity in respect of international organisations (IOs)?
The principal source of immunity for IOs is the UN Charter
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The principal sources of immunity for IOs are headquarters agreements and multilateral treaties providing specific immunities
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The principal source of immunity for IOs is customary law
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The principal source of immunity for IOs is the Vienna Convention on Diplomatic Immunities
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What was the most important finding by the House of Lords in the Pinochet case?
The Pinochet case confirmed that former heads of State enjoy absolute immunity
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The Pinochet case confirmed that all public acts enjoy immunity
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The Pinochet case confirmed that former heads of State cease to enjoy personal immunity once removed from office
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The Pinochet case confirmed that in respect of immunities there is no difference between a current and a former head of State
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