Unit III · Topic 3Recognition of states and governments – Previous Year Questions

1. Stimson doctrine is associated with:

1. (a)De facto Recognition
2. (b)De jure Recognition
3. (c)Both A and B
4. (d)Doctrine of Non Recognition✓

5. The Atrantzazu Mendi case deals with:

1. (a)Human Rights
2. (b)Recognition✓
3. (c)Nature of International Law
4. (d)Peaceful settlement of disputes

6. An interim Government of Lomalia seeks control over certain funds belonging to the Republic of Lomalia. Lomalia is presently in a state of civil war, with no effective control. The UK no longer recognizes the government. In this situation, the Court can decide the case by relying on:

Options:

1. (a)The doctrine of de facto recognition✓
2. (b)The doctrine of de jure recognition
3. (c)The doctrine of rebus sic stantibus
4. (d)The doctrine of legality, effectiveness, and in marginal cases, recognition

1. In which of the following cases did the Court said that the distinction between de facto and de jure recognition is political rather than legal?

Options:

1. (a)The S.S. Christina case
2. (b)The Arantraju Mendi case✓
3. (c)The Tinaco Arbitration case
4. (d)Mighell v. Sultan of Jahore

6. Which of the following cases relates to retroactive nature of the act of recognition of government?

Options: (a) Aksionairnoye Obschestro A.M. Luthar v. James Sagor & Co.

1. (b)Trendtex Trading Corporation v. Central Bank of Nigeria
2. (c)Central Air Transport Corporation v. Central Air Transport Corporation✓
3. (d)Nicaragua v. USA

3. Which of the following cases supports constitute theory of recognition, namely, the act of recognition alone confers international personality on an entity purporting to be a state or clothes a new government with authority to enter into international relations?

Options: (a) The Arantzazu Mendi, (1939) ACP 256

1. (b)A.M. Luther v. James Sagor & Co., (1921) 3 KBP 532
2. (c)Tinoco Concessions, (1932) 1 UN Reports of International Arbitral Awards P 369
3. (d)None of the above✓

6. "Recognition operates retroactively not to invalidate the acts of a former government, but to validate the acts of a de facto government which has become the new de jure government," has been held by the court in the case of:

Options: (a) Civil Air Transport Inc. v. Central Air Transport Corporation

1. (b)A.M. Luther v. Sagor & Co.✓
2. (c)The Arantzazu Mendi
3. (d)Gdynia America Line v. Boguslawski

2. The main difference between De-facto and De-jure recognition is:

Options:

1. (a)1, 2 & 3✓
2. (b)2, 3 & 4
3. (c)2 & 3
4. (d)1 & 2

2. Which of the following cases does not concern the judgment that a non-recognised State cannot sue in the courts of a State which does not recognise it?

Options:

1. (a)Russian Socialist Federated Soviet Republic v. Cibraria
2. (b)Guarantee Trust Company of New York v. United States
3. (c)U.S. v. Pink
4. (d)Bank of Ethiopia v. National Bank of Egypt and Liquori✓

5. Which of the following statements is correct about a de-facto government?

Options:

1. (a)Its origin and existence is contrary to the constitutional law of the State concerned and legality is challenged in International Law.✓
2. (b)Its origin and existence is in conformity with the constitutional law and legality is uncontested in International Law.
3. (c)It exercises control over a Foreign State.
4. (d)It has been forced to leave its State's territory due to enemy occupation or civil war.

5. Match List-I with List-II and select the correct answer:

Options:

1. (a)1 2 3 4
2. (b)2 3 4 1
3. (c)1 2 4 3✓
4. (d)3 4 2 1

6. Stimson's Doctrine of Non-Recognition relates to:

Options:

1. (a)Duty of non-recognition of some territorial acquisitions brought about in accordance with international law
2. (b)Duty of non-recognition of some territorial acquisitions brought about in breach of international law
3. (c)Duty of non-recognition of all territorial acquisitions brought about in breach of international law✓
4. (d)Duty of non-recognition of all territorial acquisitions brought about according to international law

7. Legal effects of recognition are:

Recognized State can sue in municipal courts of recognizing State.

Recognized State can claim possession of property situated within jurisdiction of recognizing State formerly belonging to preceding government.

The recognized State becomes entitled to claim sovereign immunity from being impleaded in municipal courts of recognizing State.

The recognized State acquires capacity to enter into diplomatic relations and conclude treaties.

Options:

1. (a)1 only
2. (b)1 and 2 only
3. (c)1, 2 and 3 only
4. (d)1, 2, 3 and 4✓

3. Match the following:

Codes:

1. (a)4 1 2 3✓
2. (b)1 2 3 4
3. (c)4 3 2 1
4. (d)3 2 1 4

4. The Estrada Doctrine relates to:

Options: (a) Necessity of recognition

1. (b)Form of recognition
2. (c)No necessity of recognition✓
3. (d)Recognition is superficial

7. Assertion (A): Recognition of a state is not the same as recognition of its government.

Reason (R): Within existing states, governments change frequently and typically such changes don’t require fresh recognition.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

2. Who is not the exponent of the Constitutive Theory of 'Recognition'?

Options:

1. (a)Hegel
2. (b)Oppenheim
3. (c)Hall✓
4. (d)Anzilotti

3. Match List-I with List-II and give the correct answer by using the codes given below:

Code:

1. (a)2 4 1 3✓
2. (b)1 2 3 4
3. (c)3 4 2 1
4. (d)4 3 1 2

4. The Estrada Doctrine was propounded by whom?

1. (a)The Home Minister of Mexico
2. (b)The Foreign Minister of Mexico✓
3. (c)The External Secretary of U.S.A.
4. (d)The Prime Minister of U.K.

6. Match List-I with List-II and give the correct answer by using the codes given below:

Code:

1. (a)1 2 3 4
2. (b)3 4 2 1
3. (c)2 1 4 3
4. (d)4 3 1 2✓

5. Who has observed: "De Facto recognition is by nature provisional and may be made dependent upon conditions which the new entity has to comply. It differs from de jure recognition in that there is not yet a formal exchange of diplomatic representatives. De jure recognition is complete, implying full and normal diplomatic relations"?

1. (a)Lauterpacht
2. (b)Phillip C. Jessup
3. (c)Openhime
4. (d)Schwarzenberger✓

6. Assertion (A): When a state wants to delay de jure recognition of any state, it may, in the first stage, grant de facto recognition.

Reason (R): There is no distinction between 'de facto' and 'de jure' recognition for the purpose of giving effect to the internal acts of the recognized authority.

Codes:

1. (a)Both (A) and (R) are correct and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are correct but (R) is not the correct explanation of (A)✓
3. (c)(A) is correct (R) is wrong
4. (d)(A) is wrong (R) is correct

3. Which one of the following is not a case on the point that there is no distinction between 'De Facto' and 'De Jure' recognition for giving effect to internal acts?

1. (a)Bank of Ethiopia v National Bank of Egypt
2. (b)Luther v. Sagor
3. (c)Civil Air Transport Inc. v Central Air Transport Corp✓
4. (d)The Arantzazu Mendi Case

4. Which of the following statements is/are correct?

According to the constitutive theory of recognition, statehood or the authority of a new government exists prior to and independently of recognition.

De jure recognition is by nature provisional and may be made dependent on conditions.

The principle that there is no distinction between de facto and de jure recognition for the purpose of giving effect to the internal acts of the recognized authority was laid down in Luther v. Sagor.

De jure recognition is final and once given, cannot be withdrawn.

Codes:

1. (a)Only 2 is correct
2. (b)Only 1, 2 and 3 are correct
3. (c)Only 2, 3 and 4 are correct✓
4. (d)2, 3 and 4 all are correct

3. Who observed that the wide acceptance of declaratory theory is due to reaction against the traditional view of recognition as a purely political act and that there is a legal duty on states to recognize any community that has acquired the characteristics of statehood?

1. (a)L. Oppenheim
2. (b)Hans Kelsen
3. (c)Lauterpacht✓
4. (d)Anzilotti

4. Which of the following statement(s) is/are not correct?

There are four main theories of Recognition.

Anzilloti is an exponent of Declaratory Theory of Recognition.

Civil Air Transport Inc. v. Central Air Transport Corp. is a case on Retrospective Effects of Recognition.

Pitt Corbett is a Chief Exponent of Constitutive Theory of Recognition.

Codes:

1. (a)Only (1), (2) and (3) are not correct
2. (b)Only (2), (3) and (4) are not correct
3. (c)Only (1), (2) and (4) are not correct✓
4. (d)All (1), (2), (3) and (4) are not correct

5. Which of the following cases are not related to "recognition"?

Civil Air Transport Inc. v. Central Air Transport Corp.

The Azanian Mendi case

Barcelona Traction case

United States v. Schooner Exchange

Code:

1. (a)Only 4
2. (b)Only 1, 2 and 3
3. (c)3 and 4 both✓
4. (d)1, 2, 3 and 4 all

3. Who among the following viewed that there is a legal duty on the part of existing states to recognize any community that has in fact acquired the characteristics of statehood?

1. (a)Oppenheim
2. (b)Lauterpacht✓
3. (c)Philip C Jessup
4. (d)Anzilloti

3. Which one of the following is one of the chief exponents of 'Constitutive Theory' of Recognition?

1. (a)Pit Corbett
2. (b)Kelsen
3. (c)Hegel✓
4. (d)Hall

3. Match the items of List-I with List-II regarding India’s diplomatic recognitions and choose the correct answer:

A. India recognized China

B. India recognized Spain

C. India recognized Cambodia

D. India recognized Bangladesh

Options:

1st April, 1975

6th December, 1971

30th December, 1949

2nd May, 1956

Correct Code:

1. (a)1 2 3 4
2. (b)3 4 1 2✓
3. (c)2 3 4 1
4. (d)4 1 2 3

10. Who among the following groups of jurists are the chief exponents of the 'Declaratory Theory' of Recognition?

1. (a)Hall, Brierly, Fisher and Pitt Corbett✓
2. (b)Hegel, Anzilotti and Oppenheim
3. (c)Hart, Austin and Bentham
4. (d)Fenwick, Kelsen, Fuller and Schwarzenberger

3. Which of the following statement/statements is/are correct?

Hegel is one of the chief exponents of the ‘Constitutive Theory’ of recognition.

Civil Air Transport Incorporated Co. v. Central Air Transport Corporation is a leading case on the retrospective effect of recognition.

De jure recognition is not final and can be withdrawn.

In Luther v. Sagor, it was held that there is a distinction between de facto and de jure recognition for the purpose of giving effect to the internal acts of the recognized authority.

Options:

1. (a)Only 1 is correct
2. (b)1, 2 and 3 are correct
3. (c)1, 2 and 4 are correct✓
4. (d)1, 2, 3 and 4 are correct

9. In which of the following cases was it held that there is no distinction between de facto and de jure recognition for the purpose of giving effect to internal acts of the recognized authority?

1. (a)Luther v. Sagor✓
2. (b)US v. Pink
3. (c)Russian Socialist Federated Soviet Republic v. Cirbaria
4. (d)Guarantee Trust Co. of New York v. US

6. In which of the following cases was the rule about 'de facto' and 'de jure' recognition not applied?

1. (a)Bank of Ethiopia v. National Bank of Egypt
2. (b)Luther v. Sagor
3. (c)Bank of China v. Wells Fargo Bank & Union Trust✓
4. (d)The Arantzazu Mendi case

6. Which of the following statement(s) is/are correct?

(1) De Jure recognition is final, whereas De Facto recognition is provisional.

(2) De Facto recognition can be withdrawn, but De Jure is irrevocable.

(3) De Facto recognition has retrospective operation like De Jure recognition.

(4) No distinction exists between De Jure and De Facto recognition in giving effect to internal acts.

Choose the correct answer:

1. (a)(1), (2), (4) only✓
2. (b)(2), (3), (4) only
3. (c)(1), (2), (3) only
4. (d)(1), (2), (3), (4)

3. Which of the following statements is/are correct?

A. Recognition de jure is final and cannot be withdrawn.

B. Recognition de jure is not final.

C. De facto recognition may be withdrawn.

D. Withdrawal of recognition by a state occurs when the entity ceases to be a state.

E. Retroactive recognition of a new government does not invalidate acts of the previous de jure government.

Options:

1. (a)A, C and E only✓
2. (b)B, C, D and E only
3. (c)A, B, D and E only
4. (d)A, C, D and E only

1. Which of the following refers to "a clear and formal expression of recognition by a state through official communication or diplomatic statement"?

1. (a)Implicit recognition
2. (b)Collective recognition
3. (c)Explicit recognition✓
4. (d)Conditional recognition

12. Which among the following statements is generally understood to mean the essence of the Estrada Doctrine?

1. (a)Recognition of government is unnecessary once the state has been recognised✓
2. (b)Recognition of government is an imperative for recognition of state
3. (c)Recognition of government provides legality to a state
4. (d)State is a legal person under international law only if recognised by the United Nations

11. The Estrada Doctrine dealing with recognition of states and governments is primarily related to which country?

1. (a)Spain
2. (b)Mexico✓
3. (c)Germany
4. (d)China

3. The case for possession of Arantzazu Mendi before the House of Lords was between which of the following parties?

1. 1.De jure Government of the United Kingdom and de facto Government of Denmark
2. 2.De jure Government of Spain and de facto Nationalist Government of Spain✓
3. 3.De jure Government of France and de facto Nationalist Government of France
4. 4.De jure Government of Belgium and de facto Nationalist Government of Belgium

Which of the following doctrines is called as Doctrine of Non-recognition?

1. (a)Estrada Doctrine
2. (b)Hallestein Doctrine
3. (c)Franco Doctrine
4. (d)Stimson Doctrine✓

The Constitutive Theory of State recognition has been advocated by which of the following jurist?

1. (a)Oppenheim, Anzilotti and Holland✓
2. (b)Oppenheim, Anzilotti and Hall
3. (c)Anzilotti, Hall and Fisher
4. (d)Hall, Fisher and Brierly

Which of the following doctrine states that, "It is duty of a State to continue diplomatic relations with States without regard to revolutionary changes"?

1. (a)Tobar Doctrine
2. (b)Estrada Doctrine✓
3. (c)Stimson Doctrine
4. (d)Hallestein Doctrine