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61. Can countries rely on their domestic law as an excuse to violate their obligations under international law?
A. Domestic law always prevails over international law
B. Only customary international law prevails over domestic law
C. Obligations under international law prevail over domestic law
D. Constitutional obligations always prevail over obligations under international law
62. What is the fundamental premise of monist theory?
A. Monism posits that international law is superior to domestic laws
B. Monism posits that international and domestic law are part of the same legal order
C. Monism posits that domestic laws are superior to international law
D. Monism posits that domestic and international law never clash
63. What is dualism?
A. Dualism suggests that international and domestic law are part of a unified legal system
B. Under dualism, international and domestic laws comprise distinct legal Systems
C. Dualism suggests that international and domestic law are distinct but equal in hierarchy
D. Dualism suggests that international and domestic law are distinct legal systems whereby domestic law always prevails
64. What does the doctrine of incorporation suggest in respect of treaties?
A. The doctrine of incorporation requires that all treaties undergo legislative transformation before they become domestic law
B. The doctrine of incorporation does not require any further action at the domestic level
C. The doctrine of incorporation treats treaties as inferior to domestic law
D. The doctrine of incorporation suggests that ratified treaties automatically pass into the sphere of domestic law
65. What are self-executing treaties?
A. Self-executing treaties are adopted only by the executive
B. Self-executive treaties are clear and precise enough so as not to require any further implementing measures
C. Self-executing rely on implementing measures stipulated in the treaty Itself
D. Self-executing treaties follow the doctrine of transformation
66. What is the fundamental prerequisite for the incorporation of custom under English law?
A. Custom is incorporated if it is not in conflict with existing legislation
B. Custom is superior to English law and is always incorporated
C. Custom must first be recognized by Parliament before the courts can bring it into the domestic sphere
D. Custom is incorporated with the passing of implementing legislation
67. What dimension did the Kadi judgment introduce with respect to the incorporation of UN Security Council resolutions?
A. The Kadi judgment demanded that UNSC resolutions are construed in accordance with human rights
B. The Kadi judgment demanded that all UNSC resolutions be incorporated without any further implementing legislation
C. The Kadi judgment required that important UNSC resolutions be transformed and not merely incorporated
D. The Kadi judgment claimed that UNSC resolutions are not binding if they violate human rights
68. What was the consequence from the absence of implementing legislation in the Tin Council case?
A. The International Tin Council was headquartered in London and hence the absence of implementing legislation was inconsequential
B. The constitutive treaties of international organisations are subject to the doctrine of incorporation
C. The absence of implementing legislation with respect to the Council’s founding treaty meant that individuals did not derive rights and duties from it in the English legal system
D. The absence of implementing legislation in England in respect of an international organisation is inconsequential under international law
69. Are there any limitations to the incorporation of customary crimes under English law?
A. There are no limitations to the incorporation of customary crimes
B. Customary crimes must be contained in a multilateral treaty in order to be automatically incorporated
C. The courts may freely incorporate customary crimes into the domestic sphere
D. The situation is not clear-cut but an act of parliament would most probably be required
70. Is the recognition of foreign judgments subject to the same rules as those applicable to the incorporation and transformation of treaties?
A. Foreign judgments are enforced on the basis of the doctrine of incorporation
B. Foreign judgments are enforced on the basis of the doctrine of transformation
C. The recognition of foreign judgments is dependent on the existence of appropriate bilateral or multilateral treaties
D. The courts exercise discretion as to the enforcement of foreign judgments on the basis of the rule of comity