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发布时间:2024-02-18 22:26:13

[多选题]Which statements about state succession are correct?
A. State succession may arise when one state is replaced by another.
B. State succession means the replacement in the responsibility for the international relations of territory.
C. State succession also includes the transmission of rights and obligations in international law.
D. State succession includes the succession of state and government.

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[多选题]
国家责任
Which agreements about state responsibility are correct?
A. State responsibility reflects that state or other political entities possessing international personality must be legally responsible for a breach of an international obligation.
B. A state is liable for unlawful acts or omissions which cause other states or nationals of other states suffering.
C. A state is to be rendered liable only for actions which may be attributed or imputable to the state.
D. A state may be liable for an unlawful act even though it was beyond the legal capacity of a state organ involved.
[多选题]Which statements about the state of practice in recognition are correct?
A. Few states accept that they are obliged to accord recognition in every instance.
B. International law does not require a state to recognize another entity as a state.
C. If the criteria for statehood have not been very well fulfilled, the new state shall be recognized by already existing states.
D. Non-recognition would amount to the denial of the actual existence of its statehood if an entirety has fulfilled the criteria for statehood.
[多选题]Which statements about the state and its nationals are correct?
A. A state is under a duty to protect its nationals.
B. If its nationals suffer particular injuries committed by other states the state may claim on remedy for the injury.
C. There are no specific obligations for a state to provide diplomatic protection for its nationals abroad.
D. Once the state would pursue a claim for its nationals the claim becomes the claim of the state rather than that of certain individuals.
[多选题]Which statements about recognition of state are correct?
A. The act of recognition by one state of another indicates that the former regards the latter as having confirmed with the basic requirement of international law as to the creation of a state.
B. There is not a legal duty to recognize a political entity which has already satisfied the criteria for statehood.
C. The act of recognition is much likely based upon political factors and will be used as an approval to the government.
D. The political acceptance of the state is independent of recognition by other states.
[多选题]Which statements about the criteria for statehood are correct?
A. With respect to the size of population or territory, there are no specific limits.
B. A state may not be recognized as a legal person if it is involved in a dispute with its neighbors over the precise demarcation over their frontiers.
C. A political entity that has no territorial undeniably controlled by it cannot be regarded as a valid state.
D. Once an entity obtains the undeniable control of a territory, it could be recognized by the international community.
[多选题]Which statements about innocent passage are correct?
A. Foreign ships, except warships, have the right to pass unhindered through the territorial sea of a coastal state provided that such passage must be innocent.
B. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state.
C. Foreign ships exercising the right of innocent passage are to comply with the laws and regulations enacted by the coastal state relating to transport and navigation.
D. When passage of foreign ships is not innocent, the coastal state has the right to suspend or deny the passage.
[多选题]Which forms of state practice constitute evidence of customary international law? (Yearbook of the International Law Commission, 1950, pp.368-372)
A. Treaties.
B. Decisions of national and international courts.
C. National legislation.
D. Diplomatic correspondence.
E. Opinions of national advisors.
F. Practice of international organizations.
[多选题]Which statements about territorial jurisdiction as following are correct?
A. State officials cannot carry out their functions unless such action on foreign territory is consented by the host state.
B. The municipal courts of a state are capable of trying cases in which foreign factors are involved.
C. On certain occasions states may exercise jurisdiction outside their territory.
D. Certain persons, property and situations are immune from the territorial jurisdiction.
[多选题]Which statements about diplomatic protection are correct?
A. A state is not to pursue claims beyond the limit of protection for its own nationals and such diplomatic protection must not be exercised as intervention in the internal affairs of other states.
B. It’s the link of nationality between the state and the individuals which alone confers upon the state the right of diplomatic protection.
C. A state is not to provide diplomatic protection for the individual with dual nationality.
D. Where there existed a genuine link between the claimant state and its national could the right of diplomatic protection arise.
[多选题]Which statements about regional organizations are correct?
A. They are established by geographically and ideologically related states.
B. They are established by the General Assembly or the Security Council.
C. They differ from universal organization in terms of scale, power and capacity.
D. They differ from universal organization in terms of function and legal personality.
[多选题]Which statements about internationally wrongful act of a state are correct?
A. Every internationally wrongful act of a state entails the international responsibility of that state.
B. A wrongful act is a conduct consisting of an action or omission which is attributable to the state under international law.
C. A wrongful act is a conduct consisting of a breach of international law obligation of the state.
D. Only the wrongful acts of an international person against another are under the supervision and within the jurisdiction of international law.
[多选题]Which statements about territorial sovereignty as following are correct?
A. Territorial sovereignty has a positive and negative aspect.
B. The positive aspect of territorial sovereignty relates to the exclusivity of the competence of the state regarding its own territory.
C. The negative aspect of territorial sovereignty refers to the obligation to protect the rights of other states.
D. Sovereignty in relation to a portion of the surface of the globe is the legal condition necessary for the inclusion of such portion in the territory of any particular state.
[多选题]Which statements about territorial integrity are correct?
A. The territorial integrity of states may be one of the most fundamental notions in international protection of sovereign rights of states.
B. The principle of territorial integrity has been laid down in a series of international conventions.
C. The territorial integrity of a sovereign state is to be respected by any other states.
D. International servitude violates the principle of territorial integrity.
[多选题]Which statements about restrictive immunity as following are correct?
A. The sovereign was completely immune from foreign jurisdiction in any case.
B. Immunity may be granted to governmental acts.
C. Immunity is not available for acts relating to private or trade activity.
D. Most states have accepted the restrictive immunity approach.
[多选题]Which statements about the passive personality principle of criminal jurisdiction are correct?
A. A state may claim jurisdiction over an offense that is committed by non-national outside its territory and have affected or will affect its nationals.
B. A state may claim jurisdiction over an offense that is committed abroad and have affected or will affect its security and national interests.
C. A state may punish non-nationals for crimes committed against its nationals outside its territory.
D. The passive personality principle can also be replaced by the protective and the universality principles.
[多选题]Which statements about the protective principle of criminal jurisdiction are correct?
A. A state can exercise jurisdiction over offenses committed by non-national outside its territory, which are considered injurious to its security and national interests.
B. The protective principle can easily be abused since states are able to use it as an effective tool to subvert the governments of other states.
C. Nowadays, the protective principle is often applied in cases regarding currency, immigration and economic offenses.
D. A state may claim jurisdiction over an offense that is committed abroad and have affected or will affect its nationals.
[多选题]Which statements about nationality are correct?
A. Questions of nationality are within the jurisdiction of the state.
B. It is for each state to determine under its own law who are its nationals.
C. The grant of nationality is based upon the link between the person and the state granting nationality.
D. State shall grant nationality under international law.
[多选题]Which statements about the nationality principle of criminal jurisdiction are correct?
A. Since states possess sovereign rights and jurisdictional powers, they are capable of exercising jurisdiction over nationals.
B. Nationals of a state are obliged to be subject to the jurisdiction of the state.
C. A national who committed crimes, even though such a national is now resident abroad, will be tried for his offense, once he returns within the jurisdiction of the state.
D. States are to respect the legitimate rights of nationals of other states and may not mistreat them within its jurisdiction.
[多选题]Which statements about withdrawal of recognition are correct?
A. In certain situations, recognition de facto has ever accorded by a state can be withdrawn.
B. Withdraw of recognition is usually found in the situation where a de facto government of a state losses its effective control over the state.
C. The ever-recognizing state may withdraw the recognition de facto to the recognized government.
D. The de jure recognition of a government may be revoked by a recognizing state only where the new regime comes to power and the previous government is not in existence.

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