Deck 2: State Responsibility and Environmental Regulation

Question 1

The OPIC limits its exposure in any one country to no more than 10 percent of its total risk.

Answer 1

True

Question 2

The OPIC does not insure against minor diminishment in the value of an investment.

Answer 2

True

Question 3

Before an individual or business firm can seek the help of its home state in supporting a complaint of mistreatment by a foreign state, the individual or firm must exhaust all of the local remedies available to it within the foreign state.

Answer 3

True

Question 4

The Overseas Private Investment Corporation (OPIC) is an independent government agency.

Question 5

According to the doctrine of imputability, the state is responsible for the acts of private persons and acts of officials of other states or international organizations.

Question 6

Adoption of the precautionary approach to protecting the environment was agreed upon in the Stockholm Declaration.

Question 7

Any act of expropriation of foreign property is considered illegal under international law.

Question 8

Private persons cannot stand as plaintiffs in the International Court of Justice.

Question 9

The doctrine of imputability does not make the state liable for an act of terrorism committed by its nationals against foreigners.

Question 10

An error of a national court which does not produce a manifest injustice is not considered a denial of justice.

Question 11

According to the Sinecure Clause, an investor who seeks to establish a business operation in a foreign country should agree, in advance, that he, she, or it will not ask for its home state to intervene in any dispute with the host state.

Question 12

The OPIC cannot obtain subrogation rights against the host government from the insured.

Question 13

The Overseas Private Investment Corporation (OPIC) only operates as an insuring agency for companies investing in less developed countries.

Question 14

The requirement for a person to exhaust remedies cannot be waived by treaties.

Question 15

States are not responsible for acts done by officials contrary to express orders.

Question 16

The 1982 United Nations Convention on the Law of the Sea demands that states monitor and assess the risks and effects of pollution and publish the results of those studies.

Question 17

The United Nations Environment Program was created upon the recommendation of the Stockholm Declaration.

Question 18

If the injury is done directly to a state, then the objection of failure to exhaust all remedies cannot be raised.

Question 19

The OPIC's coverage for currency inconvertibility only insures an existing legal right to convert.

Question 20

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 standing."

Question 21

In municipal law, the right of a government to "take" property for public purposes is known as ________.

A) jus commune
B) estoppel
C) arraignment
D) eminent domain

Question 22

The doctrine of international standard of care states that ________.

A) a state must treat aliens the same way that it treats its own nationals
B) a state is responsible for injuring an alien when the state's conduct violates international norms
C) a state is responsible for the actions of its nationals present in other countries
D) a state is obliged to admit aliens into its territories freely

Question 23

________ is an objection that may be made to an international tribunal's exercise of jurisdiction when a plaintiff is not qualified to appear before the court.

A) Lack of nationality
B) Lack of standing
C) Lack of genuine link
D) Failure to exhaust remedies

Question 24

Which of the following is a form of objection that a state can raise against complaints brought against them?

A) expropriation
B) arraignment
C) lack of nationality
D) negligence

Question 25

According to the principle of imputability, a state will be responsible for ________.

A) actions taken by an international organizations
B) acts of officials of other states
C) acts of private persons
D) actions taken by its officials

Question 26

According to the doctrine of imputability, ________.

A) a new state coming into existence through decolonization is under no obligation to succeed to the treaties of its former colonial power
B) a state is only responsible for actions that are attributable to it
C) all persons, including the sovereign, are subordinate to the rule of law
D) customary international law is applicable domestically only after it is adopted by legislation, court decision, or local usage

Question 27

The UNFCCC recognizes industrialized countries as the main source of air pollution.

Question 28

The national standard of care is a doctrine that states that a state ________.

A) must treat aliens the same way that it treats its own nationals
B) must try an alien according to the laws existing in the alien's country
C) is responsible for injury to an alien when the state violates international norms
D) is liable for the actions of the alien within its territory

Question 29

Which of the following cases is most likely to be dismissed at the International Court of Justice (ICJ) because of lack of standing?

A) the country of Tihisi representing a national from the country of Jambia as a plaintiff at the ICJ
B) the Fonston Corporation being the plaintiff for a case brought to the ICJ
C) James being represented by his country, Inkland, at the ICJ
D) the Hindalu Corporation exhausting all local remedies before contacting their parent-country to represent them at the ICJ

Question 30

Which of the following is true of the objection of lack of standing that a state can raise against a complaint at the ICJ?

A) It can prevent private persons from directly entering into a case against a country.
B) It only applies to persons with dual citizenship.
C) It cannot be used as grounds for dismissing a case.
D) It prevents states from sponsoring private persons from bringing a case against another state.

Question 31

The objection of lack of nationality prevents states from sponsoring ________.

A) its nationals
B) aliens
C) corporations
D) people with dual citizenships

Question 32

The United Nations Framework Convention on Climate Change (UNFCCC) was adopted at the Stockholm Declaration.

Question 33

The only developed Annex I country to indicate that it is not a party to the Kyoto Protocol is the United States.

Question 34

Movement of toxic and other wastes are regulated by the Kyoto Protocol.

Question 35

According to the objections of ________, a state may bring a complaint in an international tribunal on behalf of one of its own nationals but it may not do so on behalf of any other person.

A) lack of standing
B) lack of nationality
C) lack of a genuine link,
D) failure to exhaust remedies

Question 36

________ is the state's taking or deprivation of the property of foreigners.

A) Expropriation
B) Accommodation
C) Arraignment
D) Easement

Question 37

The UNFCCC divides its member countries into two main groups, Annex I countries and non-Annex I countries.

Question 38

Which of the following is true of state responsibility toward acts of terrorism?

A) A state is liable for all terrorist acts that happen within its territories.
B) A state is only liable for international acts of terrorism perpetrated by its nationals.
C) A state's responsibility is often limited to helping other states bring terrorists to trial.
D) A state is liable only for those terrorist acts that are perpetrated by foreign nationals within its territory.

Question 39

Which of the following arguments has to be proven to hold a state liable for injuries?

A) estoppel
B) causation
C) comity
D) privity

Question 40

All notions of state responsibility are set within the framework of an international legal system where ________ is the most basic principle.

A) democracy
B) suzerainty
C) sovereignty
D) anonymity

Question 41

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 ________.

A) lack of nationality
B) lack of a genuine link
C) failure to exhaust remedies
D) lack of standing

Question 42

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

A) the plaintiff seeks the support of a state to which it has no direct relation
B) the plaintiff has not exhausted all local remedies before seeking the support of its parent country
C) the plaintiff takes a negligent delay in asserting a right or a claim
D) the plaintiff takes inappropriate steps in attempting to recoup a loss prior to bringing a claim

Question 43

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

A) nationality
B) social responsibility record
C) financial status
D) type of business

Question 44

________ 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.

A) Expropriation
B) Lack of a genuine link
C) Failure to exhaust remedies
D) Laches

Question 45

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?

A) It cannot be used by either of the two countries against each other.
B) It cannot be used by a third country against any one of the two countries involved.
C) It cannot be used against the country of master nationality by the other country.
D) It cannot be used by any one of the two countries against a third country.

Question 46

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

A) It requires industrialized nations to be more responsible in controlling greenhouse emissions.
B) It requires developing countries to take the lead in modifying long-term emission trend.
C) It requires developing countries to help other developing countries with financial and technological help.
D) It requires countries of all economic strengths to provide equal efforts in curbing greenhouse emissions.

Question 47

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

A) It is run by the Agency for International Development.
B) It is an example of a private insurer of companies.
C) It functions both as a bank and insurer.
D) It does not provide expropriation coverage.

Question 48

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

A) the Western Climate Initiative
B) the Kyoto Protocol
C) the United Nations Convention on the Law of the Sea
D) the United Nations Framework Convention on Climate Change

Question 49

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

A) Multilateral Investment Guaranty Agency
B) International Development Association
C) Overseas Private Investment Corporation
D) Foreign Credit Insurance Association

Question 50

The OPIC provides insurance for creeping expropriations ________.

A) only if the expropriation happens without the involvement of the residential state of the investor
B) even if the expropriation is partial
C) only if the expropriation is breaking international law
D) only if the investor is willing to give up all claims to the investment

Question 51

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

A) an item taken from the plaintiff is to be returned by the defendant
B) the honor of the plaintiff is to be restored by the defendant
C) money is to be paid by the defendant for the cost of the injury suffered by the plaintiff
D) the defendant has to pay a fine to the plaintiff and the amount of the fine is decided by the court which is generally beyond the cost of injury

Question 52

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

A) the establishment of the United Nations Environment Program
B) the United Nations adoption of Resolution 2389
C) the obligation on states to prepare an "environmental impact assessment"
D) the creation of the United Nations Conference on the Environment and Development

Question 53

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

A) Resolution 2389
B) Agenda 21
C) the Stockholm Declaration
D) the Rio Declaration

Question 54

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

A) combating global warming
B) safe removal of toxic wastes
C) controlling radioactive contamination
D) supervising the use of fissionable materials

Question 55

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."

A) the Kyoto Protocol
B) Agenda 21
C) the Stockholm Declaration
D) the Bonn Agreement

Question 56

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

A) Creeping expropriation
B) Laches
C) Arraignment
D) Accommodation

Question 57

________ 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.

A) Agenda 21
B) Kyoto Protocol
C) Resolution 2389
D) Article 5

Question 58

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

A) It covers partial expropriation.
B) It covers risks associated with currency inconvertibility.
C) It limits its exposure in any one country to no more than 40 percent of its total risk.
D) It does not cover firms that have not acquired subrogation rights from the host nation's government.

Question 59

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.

A) Calvo Clause
B) Due Process Clause
C) exclusionary rule
D) shelter principle

Question 60

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.

A) UN charter
B) Rio Declaration
C) Bonn Agreement
D) Kyoto Protocol

Question 61

Which of the following is one of the two conditions that had to be satisfied for the Kyoto Protocol to come into force?

A) It had to be ratified by all the non-Annex I countries.
B) It had to be ratified by 55 percent of all member countries.
C) It had to be ratified by Annex I parties accounting for 30 percent of that group's carbon dioxide emissions in 1990.
D) It had to be ratified by 40 percent of all the non-Annex I countries.

Question 62

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

A) protecting the coral reefs
B) controlling the emission of greenhouse gases
C) cleaning up oil spills
D) promoting the peaceful use of atomic energy

Question 63

What liabilities are placed on states or person, by international conventions, for causing environmental damage?

Question 64

Discuss the two approaches used internationally to regulate pollution.

Question 65

The ________ is a supplemental agreement to the UN Framework Convention on Climate Control drafted in 1997 that requires developed member countries of the convention to reduce greenhouse gas emissions by 5.2 percent below 1990 levels.

A) Kyoto Protocol
B) Stockholm Declaration
C) Calvo Clause
D) Alpine Convention

Question 66

In October 1982, the United Nations General Assembly adopted the ________. It states that all states have a duty to respect the essential processes of environment and not to impair them.

A) Vienna Convention for the Protection of the Ozone Layer
B) World Charter for Nature
C) Kyoto Protocol
D) Chicago Convention on International Civil Aviation

Question 67

What are the general obligations given to Annex I and non-Annex I countries regarding greenhouse gas emission by the United Nations Framework Convention on Climate Change (UNFCCC)?

Question 68

Explain the objection of lack of standing used for cases in international tribunals.

Question 69

Explain the role of the World Bank's Multilateral Investment Guaranty Agency in insuring losses from political risks.

Question 70

What constitutes a "denial of justice?"

Question 71

Explain the World Charter for Nature's role in protecting natural resources.

Question 72

The ________ has the function to oversee compliance with the 1968 Treaty on the Non-Proliferation of Nuclear Weapons, and carrying out inspections at nuclear facilities in non-nuclear weapons states.

A) European Organization for Nuclear Research
B) International Atomic Energy Agency
C) World Association of Nuclear Operators
D) International Energy Agency

Question 73

Explain factors that lead to creeping expropriation of investment in less developed countries.

Question 74

What is the Kyoto Protocol? What is its main objective?

Question 75

Discuss the ways in which toxic wastes are regulated internationally by the 1989 Basel Convention.