Public International Law and Domestic Law: Online Learning Quizzes

Question 1

Which of the following theories posits that public international law and domestic law exist as distinct and separate legal systems?

Accepted Answer

Dualism

Answer

Monism

Answer

Pluralism

Answer

Transformism

Question 2

Which of the following is NOT a consequence of the transformation of public international law into domestic law?

Accepted Answer

Retroactive effect

Answer

Applicability in domestic courts

Answer

Direct impact on individuals

Answer

Precedence over conflicting domestic law

Question 3

Which of the following is NOT a challenge to the effective enforcement of public international law in domestic courts?

Accepted Answer

Abundance of resources

Answer

Lack of standing

Answer

State immunity

Answer

Political pressure

Question 4

Which of the following methods is NOT used to incorporate international law into domestic legal systems?

Accepted Answer

Customary international law

Answer

Incorporation by reference

Answer

Statutory enactment

Answer

Judicial decision

Question 5

What are potential consequences of a conflict between public international law and domestic law?

Accepted Answer

Breach of international obligations

Accepted Answer

Domestic courts disregarding international law

Answer

Improved domestic legislation

Question 6

Which of the following is not a recognized method of incorporating international law into domestic legal systems?

Accepted Answer

Ratification

Answer

Transformation

Answer

Incorporation

Answer

Reception

Question 7

In the United Kingdom, which act incorporated the European Convention on Human Rights into domestic law?

Accepted Answer

Human Rights Act 1998

Answer

Bill of Rights 1689

Answer

Magna Carta

Answer

European Union Act 2011

Question 8

Which doctrine suggests that national law should be interpreted in a manner consistent with international law?

Accepted Answer

Harmonization

Answer

Monism

Answer

Pacta sunt servanda

Answer

Ex injuria jus non oritur

Question 9

The doctrine of stare decisis refers to:

Accepted Answer

The obligation of courts to follow previous decisions of higher courts

Answer

The power of courts to overrule their own previous decisions

Answer

The principle of judicial independence

Answer

The concept of legal precedent

Question 10

Which of the following is not a source of international law?

Accepted Answer

Unilateral declarations of states

Answer

Treaties

Answer

Custom

Answer

General principles of law recognized by civilized nations

Question 11

According to the doctrine of reciprocity:

Accepted Answer

States should treat each other equally

Answer

States have a duty to intervene in the internal affairs of other states

Answer

States are prohibited from using force against each other

Answer

International law is only binding on states that consent to it

Question 12

In the United Kingdom, which method is primarily utilized to incorporate international law into domestic legal systems?

Accepted Answer

Treaties and conventions

Answer

Monism

Answer

Dualism

Answer

Customary international law

Question 13

Which theory posits that international law and domestic law constitute a unified system, with international law prevailing over conflicting domestic laws?

Accepted Answer

Monism

Answer

Dualism

Answer

Positivism

Answer

Naturalism

Question 14

Within the context of EU law, what is the significance of the 'direct effect' principle?

Accepted Answer

It permits EU regulations to be directly enforced in domestic courts.

Answer

It necessitates that domestic courts prioritize EU law over conflicting domestic laws.

Answer

It prohibits domestic courts from retrospectively applying EU law.

Answer

It guarantees that EU law is implemented solely through national legislation.

Question 15

Which option is NOT a recognized source of international law?

Accepted Answer

Judicial decisions

Answer

Treaties

Answer

Customary international law

Answer

General principles of law acknowledged by civilized nations

Question 16

What is the primary role of domestic courts in the enforcement of international law?

Accepted Answer

To interpret and apply international law in accordance with domestic legal principles.

Answer

To directly apply international law in domestic cases.

Answer

To only enforce international law that has been formally incorporated into domestic law.

Answer

To refuse to enforce international law that conflicts with domestic laws.

Question 17

Which of the following is an example of a jus cogens norm?

Accepted Answer

The prohibition of genocide

Answer

The right to self-determination

Answer

The principle of non-intervention

Answer

The obligation to protect the environment

Question 18

Which principle is central to customary international law?

Accepted Answer

It arises from consistent state practice and opinio juris.

Answer

It is only binding on states that have explicitly consented to it.

Answer

It can be created by a single state acting independently.

Answer

It must always be codified in a formal document.

Question 19

How are human rights law and public international law related?

Accepted Answer

Human rights law is a subset of public international law.

Answer

Public international law is a subset of human rights law.

Answer

Human rights law and public international law are distinct fields.

Answer

Human rights law and public international law are mutually exclusive.

Question 20

In the United Kingdom, which act implements international treaties and provides a framework for their enforcement?

Accepted Answer

International Law (Application and Enforcement) Act 2000

Answer

Foreign Relations Act 1968

Answer

Vienna Convention on the Law of Treaties 1969

Answer

European Communities Act 1972

Question 21

Which principle of the monist view of the relationship between international law and domestic law allows domestic courts to directly apply international law?

Accepted Answer

Direct applicability

Answer

Primacy of international law

Answer

Incorporation necessity

Answer

Legislative ratification requirement

Question 22

In which landmark case did the House of Lords establish the principle of direct applicability of EU law in the UK?

Accepted Answer

Factortame Ltd v Secretary of State for Transport

Answer

Van Gend en Loos v Nederlandse Administratie der Belastingen

Answer

Costa v ENEL

Answer

Simmenthal v Commission of the European Communities

Question 23

Under the dualist approach, how is the relationship between international law and domestic law characterized?

Accepted Answer

International law and domestic law are separate and distinct legal systems.

Answer

International law is superior to domestic law.

Answer

Domestic law is superior to international law.

Answer

International law is directly binding on domestic courts.

Question 24

How does the United Kingdom implement international treaties within its domestic legal system?

Accepted Answer

Through legislation

Answer

Through executive orders

Answer

Through judicial decisions

Answer

Through customary international law

Question 25

What is the primary role of domestic courts in enforcing international law?

Accepted Answer

They can enforce international law only if it has been incorporated into domestic law.

Answer

They can directly interpret and apply international law.

Answer

They have no role in enforcing international law.

Answer

They can enforce international law only if it is customary international law.

Question 26

What is the principle that establishes the superiority of international law over domestic law?

Accepted Answer

Doctrine of supremacy of international law

Answer

Doctrine of incorporation of international law

Answer

Doctrine of transformation of international law

Answer

Doctrine of reception of international law

Question 27

How do domestic courts contribute to enforcing customary international law?

Accepted Answer

Incorporating customary international law directly into their judgments

Answer

Deferring to international tribunals for all cases involving customary international law

Answer

Relying solely on domestic legislation to interpret customary international law

Question 28

Which of the following is the most accurate description of monism?

Accepted Answer

There is a single, unified legal system that encompasses both domestic and international law.

Answer

International law is superior to domestic law, and domestic law must conform to it.

Answer

Domestic law and international law are entirely separate and distinct systems.

Question 29

According to the dualist theory, which of the following is required for an international law to become binding within a domestic legal system?

Accepted Answer

The international law must be incorporated into domestic law through specific mechanisms (e.g., legislation or treaty ratification).

Answer

The international law must be recognized as customary law by domestic courts.

Answer

The international law must be directly implemented by domestic courts.

Answer

The international law must be automatically binding on domestic courts without any need for incorporation.

Question 30

Identify a key criticism of the dualist theory:

Accepted Answer

It fails to fully capture the complex interactions and influences between international law and domestic law.

Answer

It provides too much flexibility and allows for subjective interpretation.

Answer

It is outdated and does not reflect modern international relations.

Question 31

According to the monist theory, the relationship between public international law and domestic law is characterized by:

Accepted Answer

The automatic incorporation of public international law into domestic legal systems, giving it supremacy over domestic law.

Answer

The equal status of public international law and domestic law within a state's legal system.

Answer

The inherent incompatibility of public international law and domestic law.

Answer

The primacy of domestic law over public international law.

Question 32

What is the primary role of the domestic judiciary in the relationship between public international law and domestic law?

Accepted Answer

To interpret and apply international law in domestic cases and ensure its consistent implementation with domestic law.

Answer

To enforce international law against foreign states

Answer

To create new international legal norms

Question 33

In which scenario would a domestic court be most likely to decline to apply a rule of international law?

Accepted Answer

If the rule is incompatible with a clear provision of domestic law and there is no applicable rule of interpretation to reconcile the conflict

Answer

If the rule was adopted by a treaty that the state has not ratified

Answer

If the rule has not been incorporated into domestic law through legislation

Question 34

How does the UK incorporate customary international law into its domestic legal system?

Accepted Answer

Through the doctrine of incorporation, where customary international law is automatically considered part of domestic law.

Answer

By adopting a dualist approach, where international law and domestic law are considered separate systems.

Answer

Through a monist approach, where international law takes precedence over conflicting domestic law.

Answer

By transforming customary international law into domestic legislation through specific acts of Parliament.

Question 35

If a UK court encounters a conflict between a statute and a provision of a ratified treaty, what does the principle of parliamentary sovereignty dictate?

Accepted Answer

The court must apply the statute, as Parliament is the supreme law-making body in the UK, even if it conflicts with the treaty.

Answer

The court should refer the case to the European Court of Human Rights for a preliminary ruling on the interpretation of the treaty.

Answer

The court should apply the treaty, as it represents a binding international obligation undertaken by the UK.

Question 36

Which of the following is NOT a mechanism for enforcing international law in UK courts?

Accepted Answer

Direct enforcement by the International Court of Justice (ICJ), as the ICJ is an international court and its rulings do not directly bind UK courts.

Answer

Invoking treaty provisions in domestic legal proceedings, where parties can argue that a treaty obligation should be applied in a specific case.

Answer

Using international law to interpret ambiguous domestic statutes, allowing courts to draw upon international legal principles to clarify domestic law.

Question 37

What is the 'doctrine of legitimate expectation' in the context of international law and UK courts?

Accepted Answer

Individuals can rely on international law to challenge government actions that violate their legitimate expectations, meaning they can argue that the government's actions are inconsistent with international legal norms.

Answer

The government must incorporate international law into domestic legislation to create legitimate expectations for individuals, requiring a clear legal basis for expectations based on international law.

Question 38

How does the Human Rights Act 1998 incorporate the European Convention on Human Rights (ECHR) into UK law?

Accepted Answer

It incorporates most Convention rights directly into UK law, enabling individuals to enforce these rights in domestic courts through the UK legal system.

Answer

It requires separate legislation to implement each Convention right, meaning that each right must be individually incorporated into UK law through specific acts of Parliament.

Question 39

What is the relationship between international humanitarian law (IHL) and criminal law in the UK?

Accepted Answer

Specific legislation is typically required to criminalize violations of IHL, meaning that IHL norms need to be translated into domestic criminal offences.

Answer

UK courts can prosecute individuals for IHL violations even if they occurred outside UK territory, suggesting that UK courts have universal jurisdiction over IHL violations.

Answer

IHL is directly applicable as criminal law without the need for implementing legislation, implying that IHL directly creates criminal liability in the UK.

Question 40

How can individuals in the UK challenge government actions that violate international environmental law?

Accepted Answer

By seeking judicial review on the grounds that the government action is incompatible with a relevant treaty or customary international law, allowing individuals to bring legal challenges based on international environmental norms.

Answer

By appealing directly to the International Court of Justice (ICJ), as the ICJ is an international court and individuals cannot directly appeal to it.

Question 41

What was the primary significance of the 'Pinochet case' for the relationship between public international law and domestic law in the UK?

Accepted Answer

It demonstrated the potential for international law, specifically universal jurisdiction, to influence domestic legal proceedings, highlighting the impact of international legal principles on UK courts.

Answer

It established the supremacy of international law over domestic law in the UK, implying that international law would always take precedence over UK law.