问题 不定项选择

X国是一个群岛国,某日Y国的一条末标明标志的政府船舶在公海上游弋时遇到悬挂Z国国旗的"五月花"号,在船舶将要驶入X国领海时,"五月花"将船舶旗帜更换为X国国旗。由于怀疑"五月花"上可能在进行毒品交易因此更换船旗掩人耳目,Y国的这条政府船舶在其后1000米内发出信号,"五月花"没有任何回应,该船舶于是开始其紧追行动,直至X国领海内才把"五月花"强行拦截下来。经登临检查,"五月花"上并未进行任何非法交易。针对上述案例,如果Y国政府船舶有明确标识,并在公海上将"五月花"号船舶拦截并登临,则下列说法正确的是:

A."五月花"事实上并未进行毒品交易,因此Y国政府船舶无权登临

B."五月花"先是悬挂Z国国旗,之后又视方便而换用X国国旗,可被视为无国籍船舶, Y国政府船舶因此有权登临

C."五月花"事实上并未进行毒品交易,因此Y国政府应当承担国际责任

D.国政府对于登临行为可以不承担国际责任

答案

参考答案:B,D

解析:本题考查行使登临权的条件。   登临权应当在有合理根据认为外国船舶从事《海洋法公约》所列不法情况时才可以行使,这些不法情况为:海盗;贩奴;非法广播;船舶无国籍;虽然该船悬挂外国国旗或拒不展示船旗,但事实上与该军舰属于同一国籍。登临权的行使只要有合理根据怀疑即可,无须确定事实的存在。如果现已经证明被登临检查的船舶并未从事涉嫌行为,则对于被登临船舶造成的损失或损害,登临国应当承担国际责任。在本案中,虽然"五月花"并未从事毒品交易,但是由于它悬挂"方便旗"可视为无国籍船,而船舶无国籍也是《海洋法公约》所列不法行为之一,因此Y国政府船舶既可以依据怀疑"五月花"无国籍而为登临,也可以依据怀疑它从事毒品交易登临检查,并且即使对于后者的怀疑被证实不存在而且也无合理根据,登临国也可以因为前项怀疑的证实而得到免责。

单项选择题
单项选择题

Everyday some 16m barrels of oil leave the Gulf through the Strait of Hormuz. That is enough to fill a soft-drink can for everyone on earth, or to power every motor vehicle on the planet for 25 miles (40kin). Gulf oil accounts for 40% of global trade in the sticky stuff. More important, it makes up two-thirds of known deposits. Whereas at present production rates the rest of the world’s oil reserves will last for a mere 25 years, the Gulf’s will last for 100. In other words, the region’s strategic importance is set to grow and grow.

Or at least so goes the conventional wisdom, which is usually rounded out with scary talk of unstable supplies, spendthrift regimes and a potential fundamentalist menace. Yet all those numbers come with caveats. A great deal of oil is consumed by the countries that produce it rather than traded, so in reality the Gulf accounts for less than a quarter of the world’s daily consumption. As for reserves, the figures are as changeable as a mirage in the desert. The most comprehensive research available, conducted by the US Geological Survey, refers to an "expected" total volume for global hydrocarbon deposits that is about double current known reserves. Using that figure, and throwing in natural gas along with oil, it appears that the Gulf contains a more moderate 30% or so of the planet’s future fossil-fuel supplies. Leaving out the two Gulf states that are not covered in this survey--Iran and Iraq--the remaining six between them hold something like 20% of world hydrocarbon reserves, not much more than Russia.

All the same, it is still a hefty chunk; enough, you might think, to keep the people living atop the wells in comfort for the foreseeable future. But you might be wrong. At present, the nations of the Gulf Cooperation Council have a combined national income roughly equal to Switzerland’s, but a population which, at around 30m, is more than four times as big. It is also the fastest-growing on earth, having increased at nine times the Swiss rate over the past quarter-century. Meanwhile the region’s share of world oil trade has fallen, as has the average price per barrel.

As a result, the income per person generated by GCC oil exports has been diminishing since the 1970s. True, surging demand from America and Asia has recently boosted the Gulf’s share of trade, but the medium-term outlook for oil pries remains weak. Combined with continued growth in oil consumption, this should create sustained upward pressure on prices. And high oil prices will speed the search for alternatives. Who knows, in 20 years’ time fuel cells and hydrogen power may have started to become commercial propositions.

When saying "it is still a hefty chunk" (Para. 3), the author implies that()

A. The people in the Gulf would not benefit in certain ways

B. The Gulf countries are incomparable to the county Swiss

C. Continued oil consumption will create high price pressures

D. The search for other alternatives would end up with failures