CFPT CFPT - Consular Fellows Program International Law and Treaties Questions and Answers 5 — Questions and Answers
Question 1: Under the OECD Convention on Combating Bribery of Foreign Public Officials, U.S. consular officers should be aware that the convention:
- Only applies to bribes paid by government officials, not private companies
- Requires signatories to criminalize the bribery of foreign public officials in international business transactions (Correct answer)
- Creates an international court to prosecute foreign bribery cases
- Exempts facilitation payments made to expedite routine government actions
Correct answer: Requires signatories to criminalize the bribery of foreign public officials in international business transactions
The OECD Anti-Bribery Convention obligates signatory states to make it a criminal offense for their nationals and businesses to bribe foreign public officials to obtain or retain business.
Question 2: The concept of 'universal jurisdiction' in international law permits states to prosecute individuals for:
- Any crime committed against their nationals abroad
- Certain grave crimes such as genocide, crimes against humanity, and piracy, regardless of where committed or the nationality of the perpetrator (Correct answer)
- Crimes committed within their territory by foreign diplomats
- Violations of bilateral extradition treaties
Correct answer: Certain grave crimes such as genocide, crimes against humanity, and piracy, regardless of where committed or the nationality of the perpetrator
Universal jurisdiction allows states to claim criminal jurisdiction over certain heinous international crimes irrespective of territorial or nationality links to the case.
Question 3: A U.S. citizen arrested abroad invokes consular notification rights. Under Article 36 of the Vienna Convention on Consular Relations, the receiving state must notify the U.S. consulate:
- Within 24 hours of arrest regardless of the citizen's wishes
- Without delay, if the citizen requests it (Correct answer)
- Only if the citizen faces capital punishment
- After the citizen has been formally charged with a crime
Correct answer: Without delay, if the citizen requests it
Article 36 requires that the competent authorities of the receiving state inform the consular post without delay if a national so requests, and must inform the national of this right.
Question 4: The Proliferation Security Initiative (PSI) is best described as:
- A legally binding UN treaty banning weapons of mass destruction transfers
- A voluntary multilateral activity to interdict shipments of WMD-related materials (Correct answer)
- An ICJ enforcement mechanism for the Nuclear Non-Proliferation Treaty
- A NATO protocol governing nuclear sharing arrangements
Correct answer: A voluntary multilateral activity to interdict shipments of WMD-related materials
PSI is a U.S.-led voluntary international effort launched in 2003 in which participating states coordinate to interdict transfers of WMD, their delivery systems, and related materials.
Question 5: Under international law, a state's 'exclusive economic zone' (EEZ) extends how far from its coastal baselines?
- 12 nautical miles
- 24 nautical miles
- 200 nautical miles (Correct answer)
- 350 nautical miles
Correct answer: 200 nautical miles
UNCLOS Article 57 establishes that the EEZ shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Question 6: Which of the following best describes a 'locus standi' requirement in international dispute resolution?
- The requirement that disputes be submitted to arbitration before litigation
- The right of a party to bring a claim before an international tribunal, demonstrating a sufficient legal interest (Correct answer)
- The obligation to seek mediation from the UN Secretary-General
- The procedural rule requiring disputes to be filed in the respondent state's language
Correct answer: The right of a party to bring a claim before an international tribunal, demonstrating a sufficient legal interest
Locus standi (standing) refers to a claimant's right to be heard before an international court or tribunal, which typically requires demonstrating a legal interest in the subject matter of the dispute.
Question 7: The Wassenaar Arrangement governs international controls on:
- Nuclear materials and dual-use nuclear technologies
- Conventional arms and dual-use goods and technologies (Correct answer)
- Biological and chemical weapons precursors
- Missile technology and delivery systems
Correct answer: Conventional arms and dual-use goods and technologies
The Wassenaar Arrangement is a multilateral export control regime focused on conventional arms and dual-use goods and technologies to prevent destabilizing accumulations.
CFPT CFPT - Consular Fellows Program International Law and Treaties Questions and Answers 5
Under the OECD Convention on Combating Bribery of Foreign Public Officials, U.S. consular officers should be aware that the convention: