LLM International Law 2 — Questions and Answers
Question 1: Under the New York Convention (1958), contracting states are obligated to:
- Recognize and enforce foreign arbitral awards subject to limited exceptions (Correct answer)
- Submit all commercial disputes to ICC arbitration
- Enforce all foreign court judgments automatically
- Allow international arbitration tribunals to operate within their territory
Correct answer: Recognize and enforce foreign arbitral awards subject to limited exceptions
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards requires contracting states to recognize and enforce foreign arbitral awards, subject to narrow grounds for refusal.
Question 2: The 'nationality of claims' rule in diplomatic protection provides that:
- A state may only bring an international claim on behalf of its nationals (Correct answer)
- All nationals of a state automatically receive diplomatic immunity
- Nationals abroad are bound by the host state's nationality laws
- States must protect dual nationals against third states
Correct answer: A state may only bring an international claim on behalf of its nationals
Under the nationality of claims rule, a state may exercise diplomatic protection only for persons who are its nationals at the time the injury occurred and when the claim is presented.
Question 3: In international trade law, what does the 'most-favored-nation' (MFN) principle under GATT require?
- Any trade advantage given to one WTO member must be extended to all other WTO members (Correct answer)
- States must give preference to developing countries' exports
- The most advantageous tariff rates apply only to bilateral trade agreements
- States must negotiate trade agreements with their largest trading partners first
Correct answer: Any trade advantage given to one WTO member must be extended to all other WTO members
GATT Article I requires WTO members to extend any trade advantage, favor, privilege, or immunity granted to goods of one member immediately and unconditionally to like goods of all other members.
Question 4: What is 'customary international law' and how is it formed?
- General state practice combined with opinio juris (belief of legal obligation) (Correct answer)
- Written treaties ratified by a majority of UN member states
- Resolutions passed by the UN General Assembly
- Decisions of the International Court of Justice on recurring issues
Correct answer: General state practice combined with opinio juris (belief of legal obligation)
Customary international law arises from consistent general state practice combined with opinio juris — states' belief that the practice is legally required rather than merely habitual.
Question 5: Under the UN Charter, what is the primary basis for the Security Council's authority to authorize the use of force?
- Chapter VII powers to address threats to international peace and security (Correct answer)
- Chapter VI good offices and mediation
- General Assembly recommendations under the Uniting for Peace Resolution
- Article 2(4) prohibition on the use of force
Correct answer: Chapter VII powers to address threats to international peace and security
Chapter VII of the UN Charter grants the Security Council authority to determine threats to peace and authorize enforcement measures, including military force.
Question 6: The principle of 'non-refoulement' in international refugee law prohibits states from:
- Returning a refugee to a territory where they would face persecution (Correct answer)
- Granting citizenship to refugees without a five-year waiting period
- Detaining asylum seekers pending determination of status
- Accepting more refugees than their national quota allows
Correct answer: Returning a refugee to a territory where they would face persecution
Non-refoulement, codified in Article 33 of the 1951 Refugee Convention, prohibits states from returning any person to a country where they would face a serious threat to their life or freedom.
LLM International Law 2
Under the New York Convention (1958), contracting states are obligated to: