Quiz: International Treaty Principles — 20 Fragen

1. What is the main test for deciding whether a legal relationship falls under public law rather than private law?

A. Whether one party acts in its capacity as government

B. Whether both parties are private persons

C. Whether the parties signed a written contract

D. Whether the dispute concerns only property

Answer: (A)

Erklärung

Public law applies when the government acts in its capacity as government, especially in its relations with citizens or other authorities. A written contract or property dispute is not what determines the classification.

2. Which situation is most likely governed by private law?

A. A municipality renting office space for its administration

B. A public service imposing a sanction

C. The State supervising another public authority

D. A minister issuing a binding regulation

Answer: (A)

Erklärung

When the government acts like a private person, such as renting a building, the relationship is generally governed by private law. The other options involve the exercise of public authority.

3. Which pair best represents core domains of private law?

A. Relations between states and diplomats

B. Administrative supervision and permits

C. Taxation and criminal penalties

D. Contracts and property

Answer: (D)

Erklärung

Private law regulates relationships among citizens and private entities, including contracts and property. Taxation, permits, and diplomatic relations belong to public law.

4. What does curative legal protection mainly address?

A. Determining which court may hear a treaty dispute

B. Fixing the scope of constitutional revision

C. Repairing protection after rights or interests are harmed

D. Preventing disputes before any harm occurs

Answer: (C)

Erklärung

Curative legal protection comes into play once the citizen has effectively been harmed by government action or inaction. Preventive protection, by contrast, aims to avoid the dispute in advance.

5. What does public law in the broad sense primarily cover?

A. Only criminal procedure and sanctions

B. Only contracts between private parties

C. Only inheritance and family law

D. Rules on public authorities and their interactions with private persons

Answer: (D)

Erklärung

Public law sensu lato covers the status and powers of public authorities and their interactions with private persons. It is broader than just criminal or administrative law.

6. Which concept means that a state agrees to be bound by a treaty even before it has entered into force?

A. Open treaty

B. Verdragspartij

C. Verdragsluitende staat

D. Closed treaty

Answer: (C)

Erklärung

A verdragsluitende staat is a state that consents to be bound, even if the treaty is not yet in force. A verdragspartij is only present once the treaty has actually entered into force for that state.

7. Why must a treaty be in writing in this context?

A. Because the treaty definition requires a written agreement as legal source

B. Because writing is needed only for bilateral treaties

C. Because oral agreements are never legally binding

D. Because only written texts can be ratified by parliaments

Answer: (A)

Erklärung

A treaty is defined here as a written agreement that can serve as a legal source of rights and obligations. The writing requirement is part of the treaty concept itself.

8. What is the legal significance of direct effect for a treaty rule?

A. It allows the judge to ignore the treaty if domestic law conflicts

B. It applies only to political agreements, not legal ones

C. It makes the treaty valid only after a special constitutional revision

D. It lets the treaty produce legal consequences without further national measures

Answer: (D)

Erklärung

Direct effect means the treaty rule can operate in the domestic legal order without additional implementing measures. If domestic law conflicts with it, the judge must set aside the conflicting rule.

9. What can the Preconstituante do when it declares an existing constitutional provision revisable?

A. Decide the final constitutional wording itself

B. Bind the Constituante to a single amendment outcome

C. Indicate the article number that may be revised

D. Specify the exact direction and content of the amendment

Answer: (C)

Erklärung

For an existing article, the Preconstituante must identify which article is open for revision. It generally cannot predetermine the amendment’s direction or content.

10. When the revision concerns new constitutional matter, what must the Preconstituante do?

A. Indicate that a new provision may be inserted and name the subject matter

B. Require that the new provision be worded exactly in advance

C. Leave the subject entirely open for the Constituante

D. Transfer all revising power to the King alone

Answer: (A)

Erklärung

For new matter, the Preconstituante must state that a new provision may be inserted and immediately indicate its subject matter. In that case, the Constituante is bound by those subject-matter indications.

11. Who has the final power to decide whether and how the Constitution is revised?

A. The Preconstituante

B. The Constitutional Court

C. The newly elected Constituante

D. The Council of Ministers

Answer: (C)

Erklärung

The Preconstituante only sets the possible scope of revision, while the Constituante decides whether and in what sense the Constitution is revised. That final revising power lies with the newly elected assembly.

12. What is the effect of the Preconstituante’s indication when it concerns new constitutional matter?

A. It binds the Constituante to the indicated subject matter

B. It is purely symbolic and has no legal effect

C. It gives the King unlimited amendment power

D. It requires a referendum before any revision

Answer: (A)

Erklärung

When new matter is expressly indicated, the Constituante may not regulate other matter in that newly inserted provision. The subject-matter indication therefore has binding force.

13. Who can conclude a treaty under international law?

A. Only states through their competent organs, and international organizations within their powers

B. Only courts acting on behalf of the state

C. Any private association with members

D. Only parliaments after publication

Answer: (A)

Erklärung

States conclude treaties through their competent organs, and international organizations can do so only within the powers granted to them. Treaty-making capacity is therefore not open to just any actor.

14. Why might a treaty be affected if it is signed by the wrong authority?

A. Because international organizations cannot ever sign treaties

B. Because the treaty title becomes invalid

C. Because a treaty must always be approved by referendum first

D. Because lack of authority can affect validity under rules on representation and competence

Answer: (D)

Erklärung

If the organ that concluded the treaty lacked authority, the validity of the treaty may be affected under international rules on representation and authority. The issue is competence, not the treaty’s title.

15. When is a reservation incompatible with a treaty?

A. When it is made by a large state

B. When it concerns a bilateral treaty

C. When it undermines the treaty's object and purpose

D. When it is not written in the treaty's official language

Answer: (C)

Erklärung

A reservation is not compatible when it undermines the treaty’s object and purpose. That is the core criterion under the Vienna Convention rule mentioned here.

16. What happens if a treaty is silent and a state makes a reservation?

A. Only the United Nations may decide

B. The treaty immediately ceases to exist

C. The reservation is treated as accepted after twelve months without reaction

D. The reservation is automatically invalid

Answer: (C)

Erklärung

If there is no reaction within twelve months after notification, the reservation is deemed accepted under the silence rule. That is the standard response when the treaty does not provide otherwise.

17. What does a lack of reaction within the set period mean in the reservation procedure?

A. Automatic rejection of the reservation

B. Stilzwijgen, which lets the procedure continue automatically

C. A requirement to renegotiate the whole treaty

D. Immediate termination of the treaty

Answer: (B)

Erklärung

Stilzwijgen means no response within the time limit, and the procedure then continues automatically. It is not treated as an active rejection.

18. What characterizes the decision-making in the Overlegcomité?

A. It is based on political opportunité and consensus

B. It is taken by the Constitutional Court

C. It requires a constitutional referendum

D. It is judicially enforceable

Answer: (A)

Erklärung

The Overlegcomité acts through consensus and political opportunité, not through legally enforceable adjudication. Its decisions are not sanctions enforced by a court.

19. When does a treaty enter into force?

A. Only when every state in the world has signed it

B. Only after publication in a national official journal

C. On the date and in the manner provided by the treaty or by agreement between the negotiating states

D. Only after a judge declares it constitutional

Answer: (C)

Erklärung

A treaty enters into force according to its own provisions or by agreement between the negotiating states. That is the standard rule for entry into force.

20. What is the legal consequence of the communautaire alarmbelprocedure?

A. It suspends parliamentary treatment and sends the matter to the Council of Ministers for advice

B. It transfers the file to the Constitutional Court

C. It immediately annuls the bill

D. It prevents any future amendment of the bill

Answer: (A)

Erklärung

The alarm bell procedure suspends parliamentary handling and gives the Council of Ministers 30 days to issue a reasoned opinion. It is a pause mechanism, not an annulment.