YPP Sample Exam

United Nations Competitive Examination for the recruitment of Young Professionals Sample Examination Questions Legal Affairs

Disclaimer This document contains a small sample of the type of questions which may be assessed in the United Nations Competitive Examination for the recruitment of Young Professionals in the Legal Affairs job family in 2015. This sample is provided only for reference. Final examination may vary in style and requirements and length. This document supersedes all samples previously released by the United Nations for the National Competitive Recruitment Examination, which has been abolished in 2011. None of the material in this document may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, without the prior written consent of the United Nations. Reproduction of these sample questions, in whole or in part, for the purposes of commercial distribution is strictly prohibited.

1

Multiple Choice Items 1. Alex, a citizen of State A (not the United States), is a Senior Legal Officer at the United Nations Headquarters in New York. Alex neglected to pay his rent, and was sued in the local court. Shortly after being served the complaint, Alex's lawyer sent a motion in limine to the court explaining that as a UN employee Alex is immune from the court's jurisdiction. Alex's lawyer is: a) Incorrect because Alex's absolute immunity does not extend to the non-payment of rent b) Correct, but State A can waive Alex's immunity c) Incorrect because Alex's immunity does not extend to the non-payment of rent d) Correct, but the UN can waive Alex's immunity 2. Which one of the following is correct under international law: a) A counter-measure is an act which would normally be illegal but which is rendered lawful by a prior illegal act committed by the State against which the reprisal is directed b) A counter-measure is a legal act under international law used as a form of enforcing respect for customary law c) A counter-measure is an act that is used as a deterrent in order to prevent threats of aggression d) A counter-measure is a form of enforcement used by the Security Council designed to ensure respect for international law 3. Under the United Nations Convention of the Law of the Sea, hot pursuit of a foreign ship may be undertaken when the competent authorities of a State have good reason to believe that the ship has violated the laws and regulations of that State. By which ship may the right of hot pursuit be exercised? a) A ship of the same State as the pursued ship b) A ship of the State within whose zones the violation occurred c) A warship or military aircraft of the State within whose zones the violation occurred d) A warship or military aircraft of the same State as the pursued ship 4. Why is the harmonization and unification of international trade law necessary? a) To avoid unnecessary duplication of efforts in formulating international trade rules by States and various organizations b) To ensure uniform interpretation and application of international trade rules c) To facilitate understanding of law of different States relating to international trade d) To remove divergences in law of different States that constitute an obstacle to the development of international trade 5.

The concept of pacta sunt servanda means: a) Every treaty in force is binding upon the parties to it and must be applied by them in good faith b) The consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification c) A party to a treaty may not invoke the provisions of its internal law as justification for its failure to comply with the treaty d) A treaty does not create either obligations or rights for a third State without its consent

2

Constructed Response Items Please note that the actual exam may cover broader fields of law than in the sample below. 1. Please describe at least three functions entrusted by the United Nations General Assembly to its subsidiary body for furthering the progressive harmonization and unification of the law of international trade. 2. In the country of Battia, a Member State of the United Nations, there is strife between Government forces and a well-organized rebel movement composed of mainly of the Kyrians, an ethnic minority. While the Government controls most of the territory Battia, the Kyrians who number around 150,O00 people, control a sizeable enclave in the south and have proclaimed the birth of a new country, "Kyriana”. The new President of Kyriana sends out a message on "Facebook"announcing that he is now the head of State of Kyriana, and that Kyriana intends to become a party to all the major international human rights treaties. The proclamation of the birth of Kyriana leads to increased fighting between Government forces and the rebels within Battia, in particular around the area of the enclave of Kyriana. In its efforts to reclaim control of territory in the enclave of Kyriana, Government forces use drones which attack a number of.schools and hospitals in which Kyrian civilians are-taking shelter. Following the attacks, hundreds of people run out of the schools and hospitals only to be subjected to additional rounds of bombing by the Government drones. As a result of the bombing, hundreds of people have either been killed or injured, and a crisis emerges within Kyriana in which basic food and medical provisions are in short supply. The situation within Battia is discussed within the United Nations and a number of humanitarian agencies are seeking to enter Battia to provide the urgently needed food and medical supplies to people in the enclave of Kyria. The Secrefary General of the United Nations telephones the President of Battia and requests that UN humanitarian-agencies be given acces to the country including around the Kyrian enclave. The request is declined on the basis that the President would not be able to guarantee the safe passage of the agencies and their personnel within the country. Some States and prominent international non-governmental organizations call upon the International Criminal Court to exercise its jurisdiction over the crimes committed within Battia. A neighboring State, Elysaria, which has a large number of ethnic Kyrians within its population, is highly concerned about the situation within Battia, and has brought the matter to the attention of the Security Council in the United Nations. However, despite lengthy debates within the Security Council, there is no consensus as to what action can be taken and no action is taken for the time being. Faced with the deadlock in the Council, Elysaria approaches other like-minded States to obtain their support, both military and financial to attack Battia so as to liberate the People of Kyriana.

You are an Associate Legal Officer in the UN Office of Legal Affairs, and you are asked to prepare a legal analysis for the UN Legal Counsel addressing three (3) out of the following five (5) issues: (i) Is Kyriana a State? Can it become a party to the above-mentioned international human rights treaties? (ii) Discuss the legal framework regarding Government's bombings in the enclave of Kyriana. (iii) Do the United Nations and other humanitarian agencies have a legal right to enter BaHia and the enclave of Kyriana to provide humanitarian relief? (iv) In what circumstances could the international Criminal Court exercise jurisdiction over the crimes committed in Battia and the enclave of Kyriana? (v) Can Elysaria and other like-minded States take armed measures to liberate the Kyrian ethnic minority?

3

2015 YPP Reference Materials for Legal Affairs 1) UN Reports & Documents The Work of the International Law Commission, 8th ed., vols. I & II (United Nations, 2012) Convention on the Privileges and Immunities of the United Nations ST/SGB/2014/1 on the "Staff Rules and Staff Regulations of the United Nations" ST/SGB/2013/4 on the "Financial Regulations and Rules of the United Nations" The Model Status-of-Forces Agreement for Peacekeeping Operations: Report of the Secretary-General (A/45/594) The United Nations Convention on the Law of the Sea Vienna Convention on the Law of Treaties, Vienna, 23 May 1969 Treaty Handbook, prepared by the Treaty Section of the Office of Legal Affairs, United Nations, 2006 Final Clauses of Multilateral Treaties Handbook, prepared by the Treaty Section of the Office of Legal Affairs, United Nations, 2010 A Guide to UNCITRAL: Basic facts about the United Nations Commission on International Trade Law 2) Other relevant publications M. Shaw, International Law, 7th ed. (Cambridge University Press, 2014) P. Dailler, M. Forteau & A. Pellet, Droit international public (L.G.D.J., 2009)