Question 1

The objection that may be made to an international tribunal's exercise of jurisdiction when there is no real and bona fide relationship between the state bringing the suit and the person on whose behalf the suit is brought is referred to as ________.

Accepted Answer

The objection that may be made to an international tribunal's exercise of jurisdiction when there is no real and bona fide relationship between the state bringing the suit and the person on whose behalf the suit is brought is referred to as lack of genuine link. This is also known as lack of connection or Ratione Personae.

Question 2

Which of the following describes the objection of "dirty hands" against a plaintiff?

Accepted Answer

The "dirty hands" objection refers to a situation where the plaintiff has engaged in unethical or inappropriate actions related to the claim, which can undermine their position in seeking legal remedy.

Question 3

For companies, the ability of a state to sponsor a complaint primarily depends on the particular company's ________.

Accepted Answer

The ability of a state to sponsor a complaint against a company primarily depends on the company's nationality, as the state can only take legal action against companies that are based in their jurisdiction or that have some sort of presence or activity within the state's boundaries. Therefore, nationality is a crucial factor that determines the legal framework and jurisdiction that applies to a company, and whether a state is able to sponsor a complaint against it. Social responsibility record, financial status, and type of business may also be relevant factors, but they are secondary to the company's nationality in terms of determining the state's ability to sponsor a complaint.

Question 4

________ is an objection that can be raised by a defendant when there is a negligent delay in asserting a right or a claim by a plaintiff.

Accepted Answer

Laches is the objection that can be raised by a defendant when there is a negligent delay in asserting a right or a claim by a plaintiff. It is similar to the legal concept of "statute of limitations" but is not based on a fixed time limit. It requires the defendant to prove that they suffered prejudice due to the plaintiff's delay in pursuing their claim.

Question 5

In case of a person with dual citizenship, which of the following is true about using the lack of nationality objection for the two countries involved?

Accepted Answer

The lack of nationality objection states that a person cannot be considered a national or citizen by either of their countries of dual nationality. This objection cannot be used against the country of master nationality by the other country. Therefore, choice C is the correct answer. Option A and D are incorrect because the objection can be used by either of the two countries against each other or against a third country. Option B is incorrect because a third country can still use the lack of nationality objection against either of the two countries involved.

Question 6

In which of the following ways does the United Nations Framework Convention on Climate Change distribute the burden of reducing emissions among different countries?

Accepted Answer

The UNFCCC distributes the burden of reducing emissions by requiring industrialized nations to take the lead in controlling greenhouse gas emissions. This is based on the principle of "common but differentiated responsibilities," recognizing that developed countries have historically contributed more to global emissions and therefore have a greater responsibility to reduce them. Developing countries are also encouraged to take action, but the burden is not equal across all countries.

Question 7

Which of the following is true of the United States Overseas Private Investment Corporation (OPIC)?

Accepted Answer

The Overseas Private Investment Corporation (OPIC) functions both as a bank and insurer. It provides loans, loan guarantees, and political risk insurance to US businesses investing in foreign countries.

Question 8

Which of the following international treaty on global warming was adopted with the Rio Declaration?

Accepted Answer

The United Nations Framework Convention on Climate Change (UNFCCC) was adopted along with the Rio Declaration at the Earth Summit in Rio de Janeiro in 1992. The other options listed - Western Climate Initiative, Kyoto Protocol, and United Nations Convention on the Law of the Sea - are not directly related to the Rio Declaration or the UNFCCC.

Question 9

The ________ is a body of the World Bank that provides political risk insurance guarantees to private sector investors and lenders.

Accepted Answer

The Multilateral Investment Guaranty Agency (MIGA) is a part of the World Bank Group that offers political risk insurance and credit enhancement to investors and lenders to facilitate foreign direct investment in developing countries.

Question 10

The OPIC provides insurance for creeping expropriations ________.

Accepted Answer

The answer of The OPIC provides insurance for creeping expropriations...

Question 11

Which of the following describes the relief of "restitution in kind" awarded to a plaintiff?

Accepted Answer

Restitution in kind means returning the item that was taken from the plaintiff, so option A is the correct description of this relief. Options B, C, and D describe different types of relief, but not restitution in kind.

Question 12

Which of the following was a result of the Rio Declaration?

Accepted Answer

The Rio Declaration, which emerged from the United Nations Conference on Environment and Development (UNCED) in 1992, included 27 principles intended to guide future sustainable development around the world. One of these principles (Principle 17) emphasizes the importance of environmental impact assessments (EIA) as a national instrument to ensure that proposed activities likely to have a significant adverse impact on the environment are properly assessed. This has led to the widespread adoption and integration of EIA processes in national environmental policy frameworks.

Question 13

The principle assertion that "each individual shall have appropriate access to information concerning the environment that is held by public authorities," was established in ________.

Accepted Answer

The principle assertion that "each individual shall have appropriate access to information concerning the environment that is held by public authorities," was established in the Rio Declaration, which was adopted at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro in 1992.

Question 14

Which of the following would be categorized under the sectoral approach of regulating pollution?

Accepted Answer

The answer of Which of the following would be categorized...

Question 15

Which of the following issuances provides the proclamation, given below, on state responsibility toward the environment? "…States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction."

Accepted Answer

The Stockholm Declaration, adopted during the United Nations Conference on the Human Environment in 1972, includes this proclamation on state responsibility toward the environment. The Kyoto Protocol is a treaty focused on reducing greenhouse gas emissions, Agenda 21 is a comprehensive action plan for sustainable development, and the Bonn Agreement is a political agreement on the conservation and management of fishery resources.

Question 16

________ refers to a series of administrative acts that in combination result in depriving persons of their property.

Accepted Answer

Creeping expropriation refers to a gradual and indirect deprivation of property rights through a series of administrative acts, such as zoning changes or regulatory measures, rather than through a single expropriation.

Question 17

________ is a statement designating objectives and priority actions for the international community leading up to the year 2000 and beyond. These include the promotion of sustainable and environmentally friendly growth, the prevention of pollution, and the protection and conservation of the Earth's natural resources.

Accepted Answer

Agenda 21 is a comprehensive plan of action adopted by the United Nations at the Earth Summit in 1992. It provides a framework for sustainable development and identifies key areas where action is needed to address environmental challenges and create a more equitable and prosperous world. The objectives and priority actions outlined in Agenda 21 are intended to guide international cooperation and national policies leading up to the year 2000 and beyond.

Question 18

Which of the following is true of OPIC's coverage policies?

Accepted Answer

OPIC (Overseas Private Investment Corporation) provides coverage for risks such as currency inconvertibility, which is the risk that investors will not be able to convert local currency into foreign currency.

Question 19

The _______ is an agreement between a host state and a foreign investor that says that the investor will not seek the diplomatic assistance of his, her, or its home state in resolving disputes with the host state.

Accepted Answer

The Calvo Clause is an agreement between a host state and a foreign investor that says that the investor will not seek the diplomatic assistance of his, her, or its home state in resolving disputes with the host state. The Due Process Clause is a legal requirement that the state must respect all legal rights that are owed to a person. The exclusionary rule is a legal principle that prohibits evidence obtained illegally from being used in court. The shelter principle is a tax principle that allows a taxpayer to defer the recognition of certain gains by reinvesting them in a similar asset.

Question 20

The ________ was issued by the United Nations Conference on the Environment and Development and it linked protection of the environment and development as related goals.

Accepted Answer

The Rio Declaration was issued by the United Nations Conference on the Environment and Development (UNCED) held in Rio de Janeiro in 1992. It is a non-binding statement of principles for sustainable development and linked protection of the environment and development as related goals. The UN Charter is the foundational treaty of the United Nations, the Bonn Agreement is a political agreement regarding the governance of Afghanistan, and the Kyoto Protocol is an international treaty focused on reducing greenhouse gas emissions.

Quiz 2: State Responsibility and Environmental Regulation