國際法(雙語)考試事宜(題目)

1、2017 2018年第一學(xué)期期末考試國際法（雙語）面試試題（供2015級法學(xué)專業(yè)本科班使用）一、面試程序1、各班班長組織考生攜帶學(xué)生證在相應(yīng)的考試準(zhǔn)備教室等候；2、考試開始后考生按教學(xué)班名單先后順序依次進(jìn)行；3、考生任抽一題，交監(jiān)考老師確認(rèn)后回答，監(jiān)考老師可結(jié)合實(shí) 際進(jìn)行追問；4、劃線部分是國際法學(xué)中的特有概念，是反映學(xué)生基本功的重 要內(nèi)容，監(jiān)考老師可視情況問12個(gè)名詞解釋，作為給學(xué)生高分的 參考依據(jù)；5、每個(gè)學(xué)生面試的時(shí)間不超過 5分鐘；6、監(jiān)考老師按照考試方案要求綜合評定后確定學(xué)生的面試成績， 并按要求填寫面試評分表、試題1. What are the characteristics of

2、 intern ati on al law?2. What are the sources of intern ati on al law?3. Tran slate:The Court, whose fun ctio n is to decide in accorda nce with intern ati on al law such disputes as are submitted to it, shall apply:a. international conventions, whether general or particular, establishing rules expr

3、essly recog ni zed by the con test ing states;b. intern ati onal custom, as evide nce of a gen eral practice accepted as law;c. the gen eral prin ciples of law recog ni zed by civilized n ati ons;d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qual

4、ified publicists of the various nations, as subsidiary means for the determ in ati on of rules of law.4. What are the eleme nts of In tern ati onal Custom?5. What is the peremptory norm (jus cogens)? What are the characteristics ofthe peremptory norm?6. What are the basic prin ciples of modern inter

5、n ati on al law?7. How intern ati on al law can be applied domestically?8. Who are the subjects of international law? What element is crucial in determ ining who is qualified as a subject of intern ati on al law?9. What qualifications should a state possess as an international person?10. When should

6、 a state take the right of self-defense? Is there any conditionwith respect to self-defe nse?11. Please expound the neutralized state. How can a state be a neutralized state? What duties have the n eutralized state?12. What are the legal effects of the recog niti on of a state?13. Relating to the re

7、cognition of a state, what are the different viewpoints among intern ati on al law scholars?14. What are relatio nships and differe nces betwee n the recog niti on of a stateand the reco gn iti on of a gover nment?15. Please expo und the state successi on.16. Concerning criminal jurisdiction what pr

8、inciples may be applied when a state wants to extend its judicial jurisdiction over the cases in which non-n ati on als, foreig n property and eve nts are invo Ived?17. What is State immunity? Who is capable of enjoying State immunity?18. What is the differe nee betwee n absolute and restrictive imm

9、un ity?19. What are the basic rights and duties of a state in intern ati on al law?20. Tran slate and expla in:The Con stitutive esse ntials of state resp on sibility in elude:(1) intern ati on al wron gful acts: violati ng intern ati onal obligati on.(2) the act of state: Which may be attributed or

10、 imputable to the state.21. What are the forms of State resp on sibility?22. Un der what circumsta nces can a state be exempted from resp on sibility ofits Intern ati onal wron gful act?23. Which acts can be attributable to the state un der intern ati on al law?24. Please expla in the intern ati on

11、al liability for in jurious con seque nces aris ingout of acts not prohibited by intern ati on al law.25. What are the ways to acquire n ati on ality in intern ati on al law?26. Please expound the basic principles of Nationality Law of the People's Republic of China.27. Please explain the regula

12、tion or principle in international law relating to thetreatment of aliens living habitually in a state.28. What is diplomatic protecti on? U nder what con diti ons can a state exte nddiplomatic protect ion?29. What is extradition? Please expo und the prin ciples of extraditi on.30. Please explain th

13、e principle of aut dedere aut judicare ”.31. What is asylum? Please analyze the diplomatic asylum.32. Please expound the principal organs of the United Nations and theirfunctions.33. What are the characteristics of a treaty? In order to make a treaty, whatprocedures the con tract ing states should t

14、ake?34. Tran slate and an alyze:Article 2(1)(d) of the VCT 1969 defi nes a reservation as:an un ilateralstatement, however phrased or named, made by a State when signing, ratify ing, accept ing, appro ving or acced ing to a treaty, thereby it purports to exclude or to modify the legal effect of cert

15、ain provision of the treaty in their application to that State.35. Tran slate and an swer the questi on:Article 31 of VCT 1969 states: Treaties shall be in terpreted in good faith in accordanee with the ordinary meaning to be given to the terms of the treaty in their con text and in the light of the

16、ir object and purpose.What approaches does the in terpretati on of a treaty have?36. What are the grounds of the inv alidity of treaties?37. Please expo und the application of Treaties.38. Please explain the composition of state territory.39. How many ways by which title to territory can be acquired

17、 in traditionalintern ati on al law and moder n intern ati on al law? What are they?40. Respect for territorial in tegrity of states is one of the fun dame ntal prin ciplesin internationallaw. Please answer the restrictions on territorialsovereig nty briefly.41. How many maritime zones according to

18、the 1982 Convention on the Law ofthe Sea? What are they?42. What is baseli ne in the law of the sea. How to determ ine the baseli ne of acoastal state?43. What are the differences between internal waters and the territorial sea?44. Please analyze the differences between exclusive economic zone and c

19、ontinental shelf45. What rights should the coastal state and other states enjoy in areas ofexclusive econo mic zone and continen tal shelf?46. What are the differe nces betwee n innocent passage and tran sit passage?47. International law recognizes that the high seas are open to every state.What doe

20、s the freedom of the high seas mean in international law?48. What is the legal status of the territorial sea?49. What is the legal status of exclusive econo mic zone?50. What is the legal status of continen tal shelf?51. What is the legal status of in tern ati onal sea bed?52. Please expo und the ri

21、ght of hot pursuit.53. Please analyze the differences between the right of visit and the right of hotpursuit.54. What is the sovereig nty of airspace? What proper and lawful acti on can thein truded state take to preve nt or stop the un authorized aerial in trusi on by a foreig n aircraft?55. What is the leg