国际商法 (英)第一章答案和解析1_testbank

Chapter 1

Introduction to International and Comparative Law

A. WHAT IS INTERNATIONAL LAW?

1. International law is the body of rules and norms that regulates activities carried on

outside the legal boundaries of nations.

Answer: True 2. In contemporary international law, the division between public and private law is

precise and well defined.

Answer: False 3. International law is not really law since there is no worldwide legislature to enact it.

Answer: False 4. Comity is the practice, or courtesy, between nations of treating each other with

goodwill and civility.

Answer: True 5. Comity is not law because countries do not regard it as something they are required

to respect.

Answer: True

6. International law regulates relationships between:

a. states and states.

b. states and persons.

c. persons and persons.

d. All of the abov

e.

e. Both a. and b. above.

Answer: d 7. Which of the following is an example/are examples of the subject matter of public international law?

a. Contracts and sales.

b. Securities regulations.

c. State succession.

d. All of the abov

e.

e. None of the above.

Answer: c

8. Which of the following is an example/are examples of the subject matter of private international law?

a. Antitrust.

b. Nationality.

c. State responsibility to aliens.

d. All of the abov

e.

e. Both a. and b. above.

Answer: e

9. Law is:

a. a rule established by authority, society, or custom.

b. a body or system of rules.

c. the control or authority imposed by a system of rules.

d. All of the abov

e.

e. None of the above.

Answer: d

B. THE MAKING OF INTERNATIONAL LAW

10. Despite the lack of international law-making machinery, states function informally as

both lobbyists and legislators.

Answer: True 11. International law exists when there is a consensus of the international community.

Answer: True 12. Unratified treaties and reports of international agencies are sometimes cited as

evidence of a trend toward the development of a rule of international law.

Answer: True 13. Case law derived from the decisions of arbitration tribunals hearing disputes between

private parties is never used as a source of international law rules.

Answer: False 14. Evidence of the general consent of the international community to the existence of a rule of international law can be found in:

a. decisions of the International Court of Justice.

b. resolutions passed by the UN General Assembly.

c. the conduct and practices of states in their dealings between themselves.

d. All of the abov

e.

e. Both a. and c.

Answer: d

C. SOURCES OF INTERNATIONAL LAW

15. The sources of international law which Article 38(1) of the Statute of the International Court of Justice states that the court is permitted to use in settling disputes are:

a. general principles of law.

b. international conventions.

c. the case law of municipal courts.

d. All of the abov

e.

e. Both a. and b. above

Answer: d 16. In determining whether a practice has become a rule of international customary law, Article 38(1) of the Statute of the International Court of Justice states that the court is permitted to look to:

a. economic trends.

b. historical records.

c. teachings of legal writers.

d. All of the abov

e.

e. Both a. and b. above.

Answer: c 17. Which of the following sources of international law does the International Court of Justice normally regard as the most authoritative?

a. Customary international law.

b. General principles of law.

c. International conventions.

d. Judicial decisions.

e. Teachings of legal writers.

Answer: c 1. Treaties and Conventions

18. The customary rules that govern treaties are now codified in the Vienna Convention

on the Law of Treaties.

Answer: True

19. Treaties and conventions have binding effect because:

a. one country fears that if it does not respect its promises, other countries will not

respect their promises.

b. states that fail to observe them may be fined or otherwise punished by the

International Court of Justice.

c. states that fail to observe them will lose their membership in the United Nations.

d. All of the abov

e.

Answer: a

20. The Vienna Convention on the Law of Treaties applies to treaties and conventions that:

a. are governed by municipal law.

b. are in writing.

c. are made orally.

d. relate to international organizations.

e. All of the above.

Answer: b 2. Custom

21. Once adopted, customary rules of international law are seldom changed.

Answer: False 22. To establish the existence of a customary rule of international law, one must show

that the international community has observed the rule for a long period of time.

Answer: False 23. To establish the existence of a customary rule of international law, one must show

that the entire international community has given its consent to the rule.

Answer: False

24. To establish the existence of a customary rule of international law, one must show:

a. opinio juris et necessitatis.

b. pacta sunt servanda.

c. rebus sic standibus.

d. waiver.

e. None of the above.

Answer: a 25. In The Lotus Case, Turkey had begun prosecution of the officers on a French ship who had been involved in a collision with a Turkish ship. France brought suit in the Permanent Court of International Justice (PCIJ) claiming that customary international law allowed only the state whose ship the officers were aboard to prosecute them. The PCIJ ruled against France because:

a. in previous similar cases, the states which had acted as France suggested had not

done so because they thought they were obliged to do so.

b. the rule which France suggested had become custom had only been observed by

a few states.

c. the rule which France suggested had become custom had only been observed for

a few years.

d. All of the above were reasons given by the PCIJ.

e. None of the above is a correct answer.

Answer: a

26. Which of the following states is not required to observe a particular rule of customary international law?

a. A persistent objector.

b. A state that has recently acquired its independence following the division of its

predecessor state.

c. A superpower.

d. All of the abov

e.

Answer: a 3. General Principles

27. General principles of international law are based on legal rules that are common to

both (or all) the state parties to a dispute.

Answer: True

D. THE SCOPE OF INTERNATIONAL LAW IN ACTUAL PRACTICE

1. The Practice in International Tribunals

28. In international tribunals, municipal law is regarded as being correlative with

international law.

Answer: False 29. International tribunals generally regard states as having an obligation to bring their

municipal law into compliance with international norms.

Answer: True

30. In international tribunals,

a. municipal laws are treated as “mere facts.”

b. municipal laws will not be declared either void or valid.

c. municipal laws will not be interprete

d.

d. the parties must prove what the municipal law is.

e. All of the above.

Answer: e 2. The Practice in Municipal Courts

31. In municipal courts, international law is generally treated as being subservient.

Answer: False 32. According to the doctrine of incorporation, customary international laws are treated

as adopted by a municipal court to the extent that they are not inconsistent with prior municipal legislation or judicial decisions of final authority.

Answer: True

33. According to the doctrine of transformation, customary international laws are not

applicable in a municipal court until they are clearly adopted by legislative action,

judicial decision, or established local usage.

Answer: True 34. A self-executing treaty is one that contains a provision that says the treaty will apply

in the parties’ municipal courts once the parties have adopted domestic enabling

legislation.

Answer: False 35. Once a municipal court determines that a particular rule of international law is

applicable in a particular case, that law will be treated as law and not as a fact.

Answer: True 36. When a municipal court acts to determine if a particular rule of international law has been received into the local jurisprudence, it will (in most countries) apply the doctrine of:

a. immaculate conception.

b. incorporation.

c. resuscitation.

d. transformation.

Answer: b 37. In the United States, a treaty adopted by authority of the President alone (i.e., without the consent of the Senate) is known as a/an:

a. constitutional convention.

b. executive agreement.

c. presidential treaty.

d. Truman treaty.

e. None of the above.

Answer: b

38. In the United Kingdom, treaties are made by:

a. the Crown (i.e., the executive).

b. the prime minister with the approval of the foreign secretary.

c. the prime minister with the approval of the queen.

d. None of the abov

e.

Answer: a

E. INTERNATIONAL PERSONS

1. States

39. Recognition of a government is usually made in a bilateral agreement.

Answer: False 40. Recognition implies that the recognized state or government is entitled to all of the

rights and privileges granted by international law.

Answer: True 41. To avoid any possible connotation that recognition also means approval, many

governments have adopted the Estrada Doctrine of never formally recognizing other governments.

Answer: True 42. Territorial sovereignty is the absolute and unqualified right of a state to exercise its

functions within a territory.

Answer: False 43. Title to newly acquired territory may be confirmed by estoppel.

Answer: True 44. A successor state is not bound by the “dispositive” treaties made by its predecessor.

Answer: False 45. When State A and State B merge to form State C, State C and the other state parties

to a treaty made by State A can agree either to terminate the treaty or extend it to the whole territory of the new state.

Answer: True

46. When State A and State B merge to form State C, State C will no longer be bound by

a treaty made by State A if its object and purpose can no longer be accomplished.

Answer: True 47. When a part of the territory of State X shifts and becomes part of the territory of

State Y, the treaties made by State X continue to apply to that territory.

Answer: False 48. Nationals of a territory that is acquired by a successor state will keep the nationality

of the predecessor state unless a different result is agreed to in a treaty of cession or by municipal legislation.

Answer: True

49. State A disintegrates into States B and State C. The public property of State A

located in State D becomes the property of D.

Answer: False 50. Private property rights of individuals do not lapse because of a change in government.

Answer: True 51. A successor state is not bound by the private contractual obligations of its

predecessors.

Answer: False 52. State Q disintegrates into State R and State S. State R and State S are both

responsible for State Q’s national debt.

Answer: True

53. A state is an international person with:

a. a government.

b. a population.

c. a territory.

d. All of the abov

e.

e. Both a. and b.

Answer: d 54. A state that lacks some attribute (i.e., territory, population, or government) required for it to be treated as a fully independent state is known as a/an:

a. dependent state.

b. developing state.

c. inchoate state.

d. non-stat

e.

e. underdeveloped state.

Answer: c 55. “The legal existence of a government happens automatically by operation of law whenever a government is capable of controlling a territory and its people.” This is a statement of the:

a. constitutive doctrine.

b. declaratory doctrine.

c. Estrada doctrine.

d. recognitive doctrin

e.

e. None of the above.

Answer: b

56. “A government does not truly come into existence until such time as it is recognized by other states and participates in the internati onal arena.” This is a statement of the:

a. constitutive doctrine.

b. declaratory doctrine.

c. Estrada doctrine.

d. participatory doctrin

e.

e. None of the above.

Answer: a

57. The right of all states to transit the Suez and Panama canals is an example of a/an:

a. easement.

b. license.

c. negative servitude.

d. positive servitud

e.

e. profit a prendre.

Answer: d

58. States may lawfully acquire territory by:

a. force from another state.

b. occupying land not claimed by another sovereign.

c. the mutually agreed to transfer from another sovereign.

d. All of the abov

e.

e. Both b. and c. above.

Answer: e 59. State A and State B merge to form new State C. As to the treaties that had been in force in State A,

a. only those that were dispositive treaties continue to be in force.

b. they are in force throughout State C.

c. they are no longer in force.

d. they continue to be in force in that part of State C that used to be State A.

e. None of the above.

Answer: d 60. “When a new state comes into being through decolonization, the ex-colony starts with no obligation to succeed to the treaties of its former colonial power.” This is known as the:

a. clean slate doctrine.

b. divorcement policy.

c. ex parte doctrine.

d. fresh start rul

e.

e. None of the above.

Answer: a

61. State Q disintegrated into State R and State S. As to the treaties that had been in force in State Q,

a. only those that were dispositive treaties continue to be in force.

b. they are no longer in force.

c. they are no longer in force if State Q was a colonial power.

d. they continue to be in force in both State R and State S to the extent they are

applicable.

e. None of the above.

Answer: d

2. International Organizations

a. Intergovernmental Organizations

62. An intergovernmental organization is a permanent organization set up by two or

more states to carry on activities of common interest.

Answer: True 63. The capacity of an intergovernmental organization to carry on diplomatic relations

with a state or to sue or be sued in an international or municipal court is acquired by recognition.

Answer: True 64. According to most authorities, an intergovernmental organization is not to be

recognized as having the capacity of an international person by one of its member states until the government of that state certifies that it has such capacity.

Answer: False 65. According to most authorities, an intergovernmental organization is not to be

recognized as having the capacity of an international person by a non-member state until the government of that state certifies that it has such capacity.

Answer: True 66. Which of the following is NOT a characteristic common to intergovernmental organizations?

a. They are created by two or more states.

b. They are meant to pursue interests common to their creators.

c. They function autonomously as independent international persons.

d. They operate through branches and subsidiaries around the world.

e. None of the above is a correct answer.

Answer: d

1) United Nations

67. The general philosophy underlying the Charter of the United Nations is that the

relationships of the nations of the world are to be governed by the rule of law.

Answer: True 68. The phrase “United Nations System” refers to the rules of international law enacted

by the General Assembly of the United Nations.

Answer: False

69. Which of the following are goals of the United Nations?

a. Maintenance of peace and security in the world.

b. Promotion of economic and social cooperation.

c. Protection of human rights.

d. All of the abov

e.

e. Both a. and c. above.

Answer: d 70. Which of the following organs of the United Nations may authorize the use of armed force?

a. Economic and Social Council.

b. General Assembly.

c. International Court of Justice.

d. Secretariat.

e. Security Council.

Answer: e 71. Which of the following organs of the United Nations is primarily responsible for promoting respect for human rights?

a. Economic and Social Council.

b. General Assembly.

c. International Court of Justice.

d. Secretariat.

e. Security Council.

Answer: a

2) European Union

72. The Council of the European Union is the principal European Union rule maker.

Answer: True 73. The Council of the European Union may enact rules without consulting the European

Parliament.

Answer: False

74. The Council of the European Union may only act on proposals brought to it by the

European Commission.

Answer: True 75. The European Parliament must approve all of the international treaties that the

European Union enters into.

Answer: True 76. The European Parliament lacks true legislative powers.

Answer: True 77. The European Committee of Regions must be consulted on matters dealing with

defense, internal security, and public policy.

Answer: False 78. The European Economic and Social Council can adopt rules and issue directives

independently of the Council of the European Union and European Commission.

Answer: True 79. The European Court of Justice can hear appeals from the European Court of First

Instance.

Answer: True 80. The European Central B ank is responsible for carrying out the European Union’s

monetary policy.

Answer: True 81. The European Court of Auditors hears disputes involving the amount of taxes owed

by private persons.

Answer: False

82. Which of the following is not a member state of the European Union?

a. Austria.

b. Belgium.

c. Greece.

d. Norway.

e. Portugal.

Answer: d

83. Which of the following is a constituent treaty of the European Union?

a. European Atomic Energy Community Treaty of 1957.

b. European Coal and Steel Community Treaty of 1951.

c. European Economic Community Treaty of 1957.

d. All of the abov

e.

e. Both b. and c. above.

Answer: d

84. When one speaks of the “supernational powers” of the European Union, one means that:

a. within its scope of applicability, EU law is superior to the laws of the member

states.

b. member states are required to bring their internal laws into compliance with EU

law.

c. EU law may be directly effective within the member states.

d. All of the abov

e.

e. Both a. and c.

Answer: d

85. The European Union’s European Commission:

a. proposes measures to the European Council.

b. is a consultative body made up of representatives from local and regional

governments.

c. is located in Strasbourg, France.

d. All of the abov

e.

e. None of the above.

Answer: a

86. The European Court of First Instance may hear disputes:

a. brought by the European Union Commission against European Union member

states.

b. brought by European Union member states against the European Union

Commission.

c. brought by private persons against European Union institutions.

d. All of the abov

e.

e. None of the above.

Answer: e 87. The European Court of Justice may hear requests to annul European Union legislation brought by:

a. the European Union Commission.

b. a member state.

c. private persons.

d. All of the abov

e.

e. Both a. and b. above.

Answer: e

b. Other Intergovernmental Organizations

88. Which of the following intergovernmental organizations has a parliament whose representatives are directly elected by the national parliaments of its member states?

a. African Union (AU).

b. Arab League.

c. Council of Europe.

d. Organization of American States (OAS).

e. Organization for Economic Cooperation and Development (OECD).

Answer: c 89. Which of the following intergovernmental organizations has established regional human rights systems that are supervised and enforced by both judicial and quasi-judicial organs?

a. Arab League.

b. British Commonwealth of Nations.

c. Council of Europe.

d. Warsaw Treaty Organization.

e. Organization for Economic Cooperation and Development (OECD).

Answer: c

F. THE RIGHTS OF INDIVIDUALS UNDER INTERNATIONAL LAW

90. Traditionally, an individual’s rights under international law are only protected by his

state of nationality.

Answer: True 91. Traditionally, the decision whether or not to take any action to enforce an

individual’s rights under international law is left entirely up to the individual’s

national state.

Answer: True

G. COMPARISON OF MUNICIPAL LEGAL SYSTEMS

1. The Romano-Germanic Civil Law System

92. The Roman law was first codified in the Corpus Juris Civilis around the year 534

A.D.

Answer: True

93. The law followed in much of Europe at the end of the medieval period was known as

the jus commune.

Answer: True 94. The pepou drous (or “piepowder”) courts were the courts of the medieval guilds and

merchants’ associations.

Answer: True 95. The law created by the pepoudrous (or “piepowder”) courts evolved into the “law

merchant.”

Answer: True 96. The goals of the national codes that replaced the jus commune were to establish

legal unity within a single kingdom and to codify the political and philosophical

ideals of the time.

Answer: True 97. The French Civil Code (the Code Napoleon) of 1804 attempted to break up the old

feudal estates of the aristocracy by prohibiting restraints on the sale of land as well as restraints on its transfer in a will.

Answer: True 98. The German Pandectists studied the text of jus commune with the aim of

discovering its “latent” or underlying princip les and organization.

Answer: False 99. The German Civil Code of 1896 is noted for being precise and technical.

Answer: True 100. Which of the following used historical analysis and philology (i.e., the tracing out of the development of the usage of word s) to “desanctify” the study of law?

a. Commentators.

b. Glossators.

c. Humanists.

d. Naturalists.

e. Pandectists.

Answer: c 101. The jus commune was replaced by national codes that first appeared in:

a. Austria.

b. France.

c. Prussia.

d. Russia.

e. Scandinavia.

Answer: e

102. Which of the following ideas of the French Revolution was/were incorporated into the French Civil Code (the Code Napoleon) of 1804?

a. The autonomy of the patriarchal family.

b. The freedom to contract.

c. The right to possess private property.

d. All of the abov

e.

e. Both b. and c. above.

Answer: d 103. Which of the following were influential in the drafting of the French Civil Code (the Code Napoleon) of 1804?

a. Academic writings.

b. French customary law.

c. French royal ordinances.

d. Jus commun

e.

e. All of the above.

Answer: e 104. Which of the following were most influential in the development of the German Civil Code of 1896?

a. Academic writers.

b. Commentators.

c. Humanists.

d. Naturalists.

e. Pandectists.

Answer: e 105. Which of the following legal subjects are not found in the French or German civil codes?

a. Administrative regulations.

b. Contracts.

c. Crimes.

d. Delicts.

e. Inheritances.

Answer: a 2. The Anglo-American Common Law System

106. The name “common law” (as it is used in England) is derived from the theory that the king’s courts represented the common custom of the realm, as opposed to the

local customary law practiced in the county and manorial courts.

Answer: True 107. Equitable remedies are available only when legal remedies are unavailable or inadequate.

Answer: True

108. The Statute of Westminster of 1285 encouraged the English law courts to create new writs, including writs in equity.

Answer: False 109. New York’s “Field Code” of 1848 merged law and equity into one jurisdiction and required law suits to be tried in a single class of courts using a single procedure.

Answer: True 110. Which of these medieval English courts handled cases of direct royal interest?

a. Common Pleas.

b. Equity.

c. Exchequer.

d. King’s Bench.

e. Manorial.

Answer: d 111. Which of these medieval English courts assumed jurisdiction to control the abuses of the King himself (and thereby established the doctrine of the supremacy of the law)?

a. Common Pleas.

b. Equity.

c. Exchequer.

d. King’s Bench.

e. Manorial.

Answer: d 112. Which of the following is not a remedy available from a court of equity?

a. Damages.

b. Injunction.

c. Restitution.

d. Specific performanc

e.

e. None of the above is a correct answer.

Answer: a 113. The common law’s adoption in other countries was primarily facilitated by:

a. a historical linkage between the country and England.

b. its simple terminology.

c. its use of both case law and statutes.

d. its use of the doctrine of the supremacy of the law to limit the actions and

powers of the government.

e. its use of the jury system.

Answer: a

3. The Islamic Law System

114. The closing of the door of ijtihad (independent reasoning) refers to contemporary efforts of Islamic fundamentalists to return to the original principles of law laid

down by the Prophet Muhammad.

Answer: False 115. The Shari’a is primarily a moral and ethical code.

Answer: True 116. Which of the following is the most important source of Islamic law?

a. The consensus of the legal community.

b. The Koran.

c. The Sunnah.

d. Writings of Islamic scholars.

e. None is more important - they are all equally important.

Answer: b ESSA YS

1. Compare and contrast the three major municipal law systems.

Answer: Students should discuss the Romano-German civil law, the Anglo-American common law, and Islamic law systems. In brief: the first two are secular, the last is religious. The civil law is primarily based on codified rules while the common law is based on precedent. Both are flexible and undergoing continuous change, as compared to Islamic law which stopped developing in the tenth century A.D.

2. Evaluate the adequacy in contemporary international law of the definition of the sources of international law that is given in Article 38 of the Statute of the International Court of Justice.

Answer: It is probably quite adequate. Its ranking of conventions, then customs, and then general principles as sources the court should look at reflects actual practice. It also allows the court to use both case law and academic writings as sources, which also reflects contemporary practice. In addition, the court is allowed to turn to equity in appropriate circumstances.

The definition may be somewhat inadequate when it comes to defining general principles. It speaks of the general principles of “civilized nations,” which may be somewhat insulting to Third World states who often feel that international law is overly European. These two words might best be deleted if the Statute is ever revised.

3. After a civil war in State A, approximately half of the territory breaks away and forms State B.

(a) Before the war, State A had lent money to Cee Company. State B now claims that it is entitled to half of that money.

(b) Before the war, State A had granted a mining concession to Dee Company for a 50-year period on land that is now within the territory of State B. That concession still has

20 years to run. State B claims that it is no longer valid.

(c) Before the war, State X had concluded a treaty with State A in which State X granted State A “most favored nation” trade status. State B now claims that it is entitled to the same treatment.

Is State B correct in each of its contentions? Explain.

Answer:

(a) No, a successor state may not interfere with contractual rights. Moreover, the contracting parties were State A and Cee Company. State B was not a party (it could not have been since it did not exist at the time). Also, neither State A nor Cee Co. intended for State B to be a beneficiary. State B has no rights in the contractual rights of State A.

(b) Again, a successor state may not interfere with preexisting contractual rights. However, all states may nationalize or expropriate property. Assuming State B does so and Dee Co. has recourse to an international tribunal to settle the dispute, State B will probably have to provide prompt, adequate, and effective recourse (i.e., fair market value) for the concession it has taken from Dee Co.

(c) When a state divides, the existing treaties of the predecessor states bind both successor states. When the treaties are neither dispositive nor descriptive of international law, they are only valid to the extent that third party states (e.g., State X) wish to continue to be bound by them.

Note, also, that if State B claims that it is a colony having achieved its independence from a colonial power (a likely possibility), then the clean slate doctrine applies. This means that State B is not bound by any of the treaties of the colonial power (State A) unless both State A and the third party states (e.g., State X) agree to keep them in force. (The result, in any event, is the same.)

4. You are a foreign student studying abroad in the State of Ecstasy. Ecstasy is a member of the United Nations, but of no other international organizations. It has not signed nor ratified any international human rights treaties.

When you arrived in Ecstasy, you bought a small house on a small piece of land near the university where you are now about to graduate. Recently, as you planned to return home, you put your property up for sale. At that time, you discovered that Ecstasy has a law that makes it illegal for aliens to own real property (i.e., houses and land) and that any such property escheats (i.e., is automatically forfeited) to the state. No one, of course, would buy your property (since your title is defective) and now the state has taken it from you. You have brought suit in a local Ecstasy court. You claim that Ecstasy's law making it illegal for aliens to own land is discriminatory and a violation of the provisions of the UN Charter. You seek to have the Court order that the state's seizure of your property was improper and that you do have good title. Will you be successful? Explain.

Answer: The issue in this question is the same that is addressed in Re Drummond Wren, [1945] Ontario Rep. 778 (1945) and in Case 1-2, Sei Fujii v. California. Note that the two cases come to opposite conclusions about the effect of the UN Charter. Re Drummond Wren says that the Charter establishes an international public policy that has direct effect within a state. Sei Fujii says that the Charter is not meant to have direct effect in the absence of implementing legislation.

5. King George, from the small country of Miscellanea, came on a state visit to Country X several decades ago. While he was in Country X, a revolution broke out in Miscellanea and he had to cancel his engagements and return home. Because of the unsettled state of affairs in Miscellanea, King George left his diamond-encrusted crown, his ruby-studded scepter, his pearl handled revolvers, his ermine robes, and the other trappings of his office in a bank vault in Gotham City, the capital city of Country X.

On his return home to Miscellanea, King George was assassinated and a military dictatorship under Field Marshall Herman took over the government. A few years later, Miscellanea became embroiled in a civil war, after Field Marshall Herman was (in turn) assassinated. The royalists wanted to restore the royal government and put King George’s son Pee Wee on the throne. The republicans wanted to abolish all royal entitlements and establish a democracy. Eventually, the country split apart. The royalists came to power under King Pee Wee in Upper Miscellanea and the republicans in Lower Miscellanea.

Now, representatives of both of these countries have appeared in your court in Gotham City. They want you to decide which of them is the owner of the royal accouterments (crown, etc.) that King George left in the local bank vault decades before. The Country X Foreign Ministry has advised you that Country X recognizes both Upper and Lower Miscellanea as separate countries and that Country X has no preference as to which of them wins this suit.

Answer: See Arab Republic of Syria v. Arab Republic of Egypt. A timid judge would dismiss this case. It is a dispute involving state succession, a subject of international law, which ordinarily is a matter to be decided by an international tribunal and not a municipal court. In this case, however, both countries have asked the Country X court to decide the dispute and have therefore given their consent to the court assuming jurisdiction. It would be proper, therefore, for the court to do so. If it did, it would probably resolve the dispute based on equity (fairness). This could be that the trappings of a king should go to that country that is a kingdom, so Upper Miscellanea should be granted the royal accouterments. It also cou ld be (in the tradition of King Solomon) that the king’s trappings should be equitably divided, so that half of the items should go to each party; or (in the tradition of a divorce proceeding) that the goods be sold and their value be split between the two parties. Or, alternatively, that the kingdom get the goods but pay half of their value to the republic.

6. Several years ago, the country of Deeland started a war against nearly all of its neighbors. The war was long and millions of people were killed. One of Deeland’s most important weapons – and one reason why the war lasted so long and was so brutal – was the submarine. Not until most of Deeland’s submarines were destroyed was Deeland