Publıc Internatıonal Law I Ara 1. Deneme Sınavı
Toplam 20 Soru1.Soru
Which one of the following terms refers to any illegal act of violence, detention, or robbery committed on a private ship for personal gain or revenge, against another ship, people, or property on the high seas?
Piracy |
Trusteeship |
mandate system |
protectorate |
uti possidetis |
Piracy (piracy jure gentium): Any illegal act of violence, detention, or robbery committed on a private ship for personal gain or revenge, against another ship, people, or property on the high seas. Piracy may also be committed on or against an aircraft (Martin, 2003: 367).
2.Soru
Which of the following acts as a mediator or a conciliator rather than a decision maker in a dispute?
law-making treaty |
subrogation |
amiable compositeur |
estoppel |
res judicata |
Amiable compositeur under international law refers to an unbiased third party, who suggests solution to a dispute between countries. An amiable compositeur acts as a conciliator or a mediator rather than a decision-maker in a dispute. An amiable compositeur is also not bound to apply strict rules of civil procedure and substantive law.
3.Soru
Which of the following laid down that it is the duty of a state to continue diplomatic relations with states without regard to revolutionary changes?
Tobar doctrine |
Truman doctrine |
Eisenhower doctrine |
Estrada doctrine |
Stimson doctrine |
The Estrada doctrine laid down that it is the duty of a state to continue diplomatic relations with states without regard to revolutionary changes
4.Soru
From wihch of the followings does the law derive its authority or sanction?
Material sources |
Formal sources |
Rules |
Content |
Subject matter |
From formal sources, the law derives its authority or sanction; and from material sources, the law derives its content or subject matter. Thus, a rule will be legally binding if it fulfils the requirements of a custom, which is a formal source of international law.
5.Soru
After World War II, Which of the following international institutions has not played a key role in determination of the definition of international law?
United Nations |
International Monetary Fund |
World Health Organization |
International Bank for Reconstruction and Development |
International Organization for Migration |
International law has gone through major changes after World War II with the help of UN, IMF, WHO and IBRD. However IOM is a newly established international institution with a little effect on qualitative side of international law.
6.Soru
Which one of the following approaches supports that a state making reservation (the reserving state) can do so only with the consent of other contracting parties?
Pan American Union approach |
traditional approach |
modern approach |
textual |
Teleological |
According to the traditional approach, a state making reservation (the reserving state) can do so only with the consent of other contracting parties. The application of this principle is not difficult in the case of a bilateral treaty or with
limited membership
7.Soru
Which of the followings is NOT true about a protectorate?
Can be termed as treaties |
Involves a certain measure of control |
Has a total or partial loss of sovereignty |
Is always the creation of a treaty |
Involves the disappearance of the protected state from the community of nations |
A protectorate is always the creation of a treaty. It involves a certain measure of control, and a total or partial loss of sovereignty. In many cases, it has involved the loss of control of foreign relations and the disappearance of the protected state from the community of nations. In spite of common features possessed by protectorates under international law, they had individual legal characteristics resulting from the special conditions under which they were created and from the level of their development.
However, these arrangements cannot be termed as treaties, since the local rulers did not enjoy an international personality necessary to conclude a treaty.
8.Soru
Which one of the following is the most important characteristic of the international personality of an entity?
Population |
Treaty-making power |
Sovereignty |
Territories |
Independency of power |
The most important characteristic of the international personality of an entity is its treatymaking power. The treaty-making power of international governmental organizations is well entrenched in the United Nations practice.
9.Soru
________________ is a method by which a state becomes a party to a treaty of which it is not a signatory.
Ratification |
Reservation |
Preparatory Work |
Modification |
Accession |
Accession, adhesion or adherence is a method by which a state becomes a party to a treaty of which it is not a signatory. Under the earlier practice, accession could be made only after the treaty had come into force. According to present practice, a non-signatory state may accede before or after the treaty has come into force.
10.Soru
Which of the following is true about the concept of source in international law?
The sources of international law are more explicit and accessible than those of municipal law. |
No distinction is found between formal and material sources of international law. |
The law derives its authority from material sources. |
From formal sources, the law derives its content or subject matter. |
There is no agreement on the concept of source among the jurists of international law. |
The term ‘source’ articulates what the law is and where it can be found. In developed legal systems, sources may be readily identifiable in the form of legislation and judicial decisions. However, sources of international law are not as explicit and accessible as those of municipal law, nor is the machinery for their identification comparable to municipal law. The concept of ‘sources of international law’ faces many conceptual difficulties. Jurists of international law do not agree on the very concept of “source.” They evaluate it from their doctrinal philosophy regarding the basis of international legal obligations. A distinction has also been made between formal sources and material sources of international law. From formal sources, the law derives its authority or sanction, and from material sources, the law derives its content or subject matter.
11.Soru
I. Insurgents should be in effective occupation of a substantial part of the territory.
II. They should enjoy the support from the majority of the population living in that territory.
III. They should have the will and capacity to carry out international obligations.
IV. They should demand and receive possession of public
property belonging to the recognized state.
Which of the given is essential for the recognition of insurgency?
I & IV |
II & III |
I, II & III |
I, III & IV |
II, III & IV |
Insurgency is the first stage of rebellion. For the recognition of insurgency, it is essential that:
• insurgents should be in effective occupation of a substantial part of the territory;
• they should enjoy the support from the majority of the population living in that
territory;
• they should have the will and capacity to carry out international obligations.
The correct answer is C.
12.Soru
What is the name of the term which means "a rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist"?
Audi alteram partem |
Estoppel |
Res judicata |
Ex proprio vigore |
Countermeasures |
Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist.
13.Soru
What is the name of "a system composed solely of legal rules and principles binding upon civilized nations only in their mutual relations"?
Customs |
International Law |
Human Rights |
Rome Statute |
Positive Law |
The majority of the earlier standard works on international law define it as a system composed solely of legal rules and principles binding upon civilized nations only in their mutual relations.
14.Soru
When was the the first example of an international organization, the Central Commission for Navigation on the Rhine, was created?
1813 |
1813 |
1815 |
1816 |
1817 |
The first example of an international organization is the Central Commission for Navigation on the Rhine (CCNR), which was created in 1815 by the Congress of Vienna
15.Soru
Who, in his work "Droit Des Gens", stated that the “necessary Law of Nations” contains those precepts that are dictated to States by natural law and equally binding on both States and individuals?
Cornelius van Bynkershoek |
Samuel von Pufendorf |
Christian Wolf |
Emmerich de Vattel |
Francisco Suarez |
Vattel in his work titled Droit Des Gens (The Law of Nations) stated that the “necessary Law of Nations” contains those precepts that are dictated to States by natural law and equally binding on both States and individuals. Since States are composed of persons and their policies are laid down by persons, these persons are subject to natural law in whatever capacity they act. He held the view that to overview and control the conduct of another State by one or more States would be contrary to the law of nature. This viewpoint has the genesis of the doctrine of fundamental rights (Vattel cited in Starke, 1989).
16.Soru
Vienna Convention on the Law of Treaties codified and clarified the customary rules of international law that comprised of the law of treaties. Which year was the Convention held?
1969 |
1945 |
1922 |
1983 |
1978 |
Prior to 1969, the law of treaties was mainly comprised of customary rules of international law. These rules have been codified and clarified in the 1969 Vienna Convention on the Law of Treaties. Therefore, the correct option is A.
17.Soru
I. Verbal agreement,
II. At least two parties,
III. Bound by international law,
IV. Parties with international personalities.
Which of the listed above is needed for an agreement to be considered as a treaty?
Only I. |
I & II. |
I, II & III. |
Only IV. |
II, III & IV. |
Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty: it should be embodied in a written instrument between two or more entities; those entities should be endowed with international personality; and it should be governed by international law. Therefore, the correct option is E.
18.Soru
What is the correct term for putting together the rules of law in an issue area in a systematic manner?
Codification of international law |
Progressive development |
Municipal law |
Primacy |
Arbitration |
The correct term for putting together the rules of law on a specific issue systematically is called codification. In terms of international law, the term is known as codification of international law.
19.Soru
Which of the following is not one of the certain characteristics of an entity to be considered a state?
Territory |
Population |
Government |
Democratic method of management |
Sovereignty |
An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty. Democratic method of management is not one of them.
20.Soru
What is the name of unilateral measures adopted by a State in response to the breach of its rights by the wrongful act of another State that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State?
True Law |
Courtesy |
Positive International Morality |
Weak Law |
Countermeasures |
Countermeasures are unilateral measures adopted by a State (the ‘injured State’) in response to the breach of its rights by the wrongful act of another State (the ‘wrongdoing’ or ‘target’ State) that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State (Oxford Public International Law).
-
- 1.SORU ÇÖZÜLMEDİ
- 2.SORU ÇÖZÜLMEDİ
- 3.SORU ÇÖZÜLMEDİ
- 4.SORU ÇÖZÜLMEDİ
- 5.SORU ÇÖZÜLMEDİ
- 6.SORU ÇÖZÜLMEDİ
- 7.SORU ÇÖZÜLMEDİ
- 8.SORU ÇÖZÜLMEDİ
- 9.SORU ÇÖZÜLMEDİ
- 10.SORU ÇÖZÜLMEDİ
- 11.SORU ÇÖZÜLMEDİ
- 12.SORU ÇÖZÜLMEDİ
- 13.SORU ÇÖZÜLMEDİ
- 14.SORU ÇÖZÜLMEDİ
- 15.SORU ÇÖZÜLMEDİ
- 16.SORU ÇÖZÜLMEDİ
- 17.SORU ÇÖZÜLMEDİ
- 18.SORU ÇÖZÜLMEDİ
- 19.SORU ÇÖZÜLMEDİ
- 20.SORU ÇÖZÜLMEDİ