18 X, who is 18 years old and has domicile in country C, possesses the nationality of country A. X entered into a contract with Y, a national of country B, in the R.O.C. Assuming that the law of country A adopts the doctrine of lex domicilii on issues of personal law, which of the following laws should the R.O.C. court apply on the issue of X’s behavioral capacity?
(A) The law of country A.
(B) The law of country B.
(C) R.O.C. law.
(D) The law of country C.

1 Article 38 of the Statute of the International Court of Justice stipulates the sources of international law. Which of the following statements is NOT correct? (A) There is no hierarchy of sources explicitly mentioned in Article 38. (B) Judicial decisions are a means for the determination of the rules of law. (C) Custom is evidence of a general practice accepted as law. (D) Ex aequo et bono is an important example of the “general principles of law” in Article 38.

2 According to the Vienna Convention on the Law of Treaties, which of the following statements regarding the termination of the operation of treaties is correct? (A) In principle, a treaty which contains no provision regarding its termination is valid forever. (B) A breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as a ground for terminating the treaty. (C) A party may not invoke the impossibility of performing a treaty as a ground for terminating it if the impossibility results from the permanent disappearance or destruction of an object indispensable for the execution of the treaty. (D) The severance of diplomatic or consular relations between two States automatically leads to the termination of all treaties between them.

3 Based on the neutralization practices of Switzerland, which of the followings is correct? (A) A State may become a neutralized State via a unilateral declaration of permanent neutrality. (B) The neutralized status of a State is guaranteed by the relevant powers via treaties. (C) The neutralized status of a State is subject to approval by the United Nations General Assembly. (D) A neutralized State shall not participate in any international organizations.

4 The concept of Occupation in international law is an important mode of territorial acquisition. Which of the following statements is NOT correct? (A) The concept of Occupation in international law originates from the concept of “prescription” in domestic private laws. (B) After discovering terra nullius, effective control is still needed for a State to acquire territorial sovereignty. (C) The actual, continuous and peaceful display of State functions is one of the essential elements of Occupation. (D) Discovery gives the State an inchoate right to effectuate Occupation after the lapse of a reasonable period of time.

5 Which of the following grounds regarding a person afraid of being persecuted to be qualified as a refugee is NOT enumerated in the 1951 Convention Relating to the Status of Refugees? (A) Nationality. (B) War. (C) Membership of a particular social group. (D) Political opinion.

6 According to the United Nations Convention on the Law of the Sea, which of the following statements is correct? (A) An island is a naturally formed area of land which is surrounded by and above water at high tide. An artificial island or man-made island therefore shall not have territorial sea of its own. (B) Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has territorial sea of its own. (C) Ships of all States enjoy the right of innocent passage through the territorial sea. The coastal State may not adopt laws and regulations relating to innocent passage through the territorial sea. (D) The criminal jurisdiction of the coastal State shall be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage.

7 Which of the following statements concerning “nationality” is NOT correct? (A) A State may exercise personal jurisdiction over the people with its nationality. (B) All States have the same rules governing the acquisition of nationality in their domestic laws. (C) Nationals are entitled to the protection of their States and enjoy the benefits relevant to nationality prescribed under international law. (D) In principle, it is for each State to determine under its own law who are its nationals.

8 According to the Draft Articles on Responsibility of States for Internationally Wrongful Acts, every internationally wrongful act of a State bears the international responsibility of that State. Which of the followings is usually NOT considered a way to release the international responsibility of that State? (A) Restitution. (B) Compensation. (C) Satisfaction. (D) Countermeasure.

9 According to Article 51 of the Charter of the United Nations, which of the following statements regarding self-defense is NOT correct? (A) Article 51 recognizes the States’ inherent right of individual or collective self-defense. (B) The premise of self-defense is that a State is under an armed attack. (C) The right of self-defense as part of customary international law originated from the 1986 International Court of Justice Nicaragua Judgment. (D) The criteria for determining whether an “armed attack” occurs include the “scale and effects” of the attack.

10 According to Article 19 of the Vienna Convention on Diplomatic Relations, if the post of head of the mission is vacant, or if the head of the mission is unable to perform his functions, which of the following positions shall act provisionally as head of the mission? (A) Chargé d’affaires ad interim. (B) Doyen of the diplomatic corps. (C) Chargé d’affaires. (D) Ambassador-at-large.

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