국제법 영어능통자( ) 1 2
국 제 법
년 시행 외무고등고시 영어능통자 제 차시험
2010 ( ) 2
응시번호 : 성명 :
제 1 문. The State A has proclaimed that a warship of any foreign State should give prior notice before entering into its territorial sea. It has been administering an area in its territorial sea, where it has deployed a host of naval mines for security reasons. It is its policy not to inform the warship passing through its territorial sea of the whereabouts of such mines, when it does not abide by the regulations on the prior notice.
A warship of State B ("the Christina") is passing through the territorial sea of State A without giving prior notice to the competent authority of State A, so that a warship of State A("the Dexter") undertakes the hot pursuit of the Christina within the territorial sea of State A to seize it on
the high seas. (total 30 points)
(Both State A and State B are the State Parties to the 1982 UN Convention on the Law of the Sea.)
1) Is the State A entitled to impose the obligation of prior notice upon a warship of foreign State passing through its territorial sea? (10 points) 2) Would it be legal for the Dexter to seize the Christina on the high seas? (10 points) 3) If the Christina is damaged because the whereabouts of the naval mines is not duly informed, would the State A be responsible for such damage? (10 points)
제 2 문. Answer the following questions on the International Criminal Court (ICC).
(total 30 points) 1) Explain the Principle of Complementarity in the exercise of ICC's
jurisdiction. (10 points)
2) Explain on the trigger mechanism of the ICC and the precondition of the exercise of ICC's jurisdiction. (10 points)
3) Explain on the crime of aggression under the ICC Statute. (10 points)
국제법 영어능통자( ) 2 2 제 3 문. Country X imports steel products from Country A, B, and C. However,
drastic increases in steel imports caused injury to the domestic steel industry of Country X. Following an investigation according to the provisions and procedures established under Country X's domestic law, Country X initiated a safeguard measure.
Country X, A, B, and C are Members of WTO. In addition, Country X and C concluded an FTA, which provides that both countries shall not initiate safeguard measures between themselves. Assume that FTA between X and C already took into effect. (total 40 points) 1) Country X investigated an individual increased quantities of steel products imported from Country A, B, and C, and each Country's share of injuries to its steel industry in the process of investigation to initiate the safeguard measure. The investigation found out that the steels imported into the territory of Country X from Country A, B, and C caused an injury to the steel industry of Country X. However, Country X determined to take a safeguard measure against the steels imported only from Country A and B, excluding those of Country C.
As a legal counsel to Country A, you are requested to explain whether or not Country X's measure is inconsistent with the relevant rules of WTO Agreement. (20 points)
2) Country X investigated individual increased quantities of steels only from Country A and B as well as each Country's share of injuries to its steel industry in the stage of investigation to initiate the safeguard measure.
And, Country X excluded its FTA partner country, Country C's imported steels from the injury determination. Following the investigation, the imported steels from Country A and B proved to have caused injury to the steel industry of Country X, and were subject to safeguard measure of Country X.
As a legal counsel to Country A, you are requested to explain whether or not Country X's measure is inconsistent with the rules of relevant WTO Agreement. (10 points)
3) Explain about internal and external obligations (or requirements) to justify Free Trade Agreement under Article 24 of GATT. (10 points)
