Publıc Internatıonal Law I Ara 10. Deneme Sınavı
Toplam 20 Soru1.Soru
The old customary rules of international law regarding treaties have been codified and clarified in Vienna Convention on the Law of Treaties in:
1957 |
1965 |
1969 |
1973 |
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 (referred here as the Convention). The Convention governs the law and practice of treaties concluded between states.
2.Soru
Which one of the following terms is referred when the new state or government, in the opinion of the recognizing state, fulfils all the attributes essential for its effective participation in the international community, and it may grant the recognition to the latter formally?
express recognition |
de jure recognition |
de facto recognition |
locus standi |
Coup d’etat |
In case of de jure recognition, in the opinion of the recognizing state, the new state or government fulfils all the attributes essential for its effective participation in the international community, and it may grant the recognition to the latter formally.
3.Soru
Custom may be treated as a source of law if it manifests some attributes. Which of the followings is NOT one of these attributes?
Antiquity |
Certainty |
Continuity |
Anonimity |
Uniformity |
Custom is a habitual course of conduct or general practice accepted as law. Custom evolves after a long historical process culminating in its recognition by the community. Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.
4.Soru
Preparatory Work... .
is the most reliable evidence as to the correct interpretation of a treaty |
is alteration of particular provisions and the general review of the whole treaty |
it refers to varying the provisions of the treaty in their mutual relations. |
is the record of the drafting of a treaty |
is important to ascertain the true meaning of the text of a treaty |
The preparatory work (travaux préparatoires) is, in general terms, the record of the drafting of a treaty, including the records of negotiations between the participating states and, in some cases, the records of the work of independent bodies of experts. Preparatory work may be a manifestation of the common intention of the parties to the treaty
5.Soru
Which of the followings is the first example of an international organization?
United Nations (UN) |
European Union (EU) |
African Union (AU) |
Central Commission for Navigation on the Rhine (CCNR) |
European Coal and Steel Community (ECSC) |
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.
6.Soru
Which of the following is a method by which a state becomes a party to a treaty of which it is not a signatory?
Ratification |
Accession |
Termination |
Commencement |
Authentication |
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. The correct answer is B.
7.Soru
Which of the followings refers to an act of government to approve the treaty in question?
Acceptance. |
Approval. |
Signature. |
Accession. |
Ratification. |
Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty”. Ratification is an act of government to approve the treaty in question. Therefore, the correct option is E.
8.Soru
Which one is one of the proponents of monism?
Heinrich Tripel |
Dionisio Anzilotti |
Brownlie |
Hans Kelsen |
De Martens |
The main proponents of this theory are Hans Kelsen (1881-1973) and Hersch Lauterpacht (1897-1960).
9.Soru
Which one is true about apartheid?
South Africa abolished these entities eventually. |
Entities had limited legal control over their internal affairs. |
Entities had limited legal control over their external affairs. |
South Africa had no control over economic matters of these entities. |
They were granted recognition by every state. |
The status of entities in the form of Bantustans or homelands, created by South Africa, for black Africans from 1976 following its policy of apartheid, was similarly doubtful under international law. They were not granted recognition by any state except South Africa. Although these homelands had full legal control over their internal and external affairs, South Africa exercised major control on economic matters. On 17 November 1993, South Africa decided to abolish these independent homelands and reincorporated them into South Africa.
10.Soru
Which of the below is a proponent of dualism, the theory that argues international law and municipal law represent two entirely distinct and self-contained legal systems?
Hans Kelsen |
Hersch Lauterpacht |
Heinrich Tripel |
Gerald Fitzmaurice |
Joseph Gabriel Starke |
There are two principal theories put forward by scholars on the relationship between international law and municipal law: monism and dualism.
According to monism, international law and municipal law are, in general, the components of one system of law.The main proponents of this theory are Hans Kelsen (1881-1973) and Hersch Lauterpacht (1897-1960). Gerald Fitzmaurice and Joseph Gabriel Starke are other prominent supporters of the approach.
On the other hand, according to dualism, they represent two entirely distinct and self-contained legal systems. The main proponents of this theory are Heinrich Tripel and Dionisio Anzilotti.
11.Soru
Which of the following is one of the main proponents of dualism?
Hans Kelsen |
Hersch Lauterpacht |
Heinrich Tripel |
Gerald Fitzmaurice |
Joseph Gabriel Starke |
The main proponents of dualism are Heinrich Tripel and Dionisio Anzilotti. The correct answer is C.
12.Soru
Which one of the following terms is used when the extent of factual dependency of one state upon another is so great?
Fake state |
Independent state |
Puppet state |
Super power |
Developing state |
Sometimes the extent of factual dependency of one state upon another is so great that it is no more than a “puppet state.” In that case, it would not be meeting the requirement of independence, which is necessary for Statehood
13.Soru
In which of the following cases did the International Court of Justice recognize state responsibility for damage to one country caused by activities within the jurisdiction of another country?
The Corfu Channel case |
The Charzow Factory case |
The Nicaragua case |
The S.S. Wimbledon case |
The S.S. Lotus case |
In the Corfu Channel case, the International Court of Justice recognized state responsibility for damage to one country caused by activities within the jurisdiction of another country.
14.Soru
What is the name of the legal maxim which means ‘where there is society, there is law’?
Res judicata |
Estoppel |
Audi alteram partem |
Countermeasures |
Ubi Societas Ibi Jus |
Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’.
15.Soru
Which of the below is NOT considered to be one of the reasons for the development of international law in the second half of the nineteenth century?
Emergence of powerful nation-States |
Outbreak of global economic conflicts |
Faster means of transportation |
Destructive nature of warfare |
Expansion of European civilization mainly through colonization |
There was a marked development of international law in the second half of the nineteenth century due to the emergence of powerful nation-States, the expansion of European civilization in other parts of the world mainly through colonization, new and faster means of transportation, and increasingly destructive nature of warfare. These developments impelled States to devise new rules of international law, particularly relating to the use of force and war, which had become a part of national policies.
16.Soru
According to the Montevideo Convention, which of the following is not a qualification that the state as a person of international law should possess?
Permanent population |
Defined territory |
A government |
Capacity to enter into relations with other states |
An army |
The Montevideo Convention provides that the state as a person of international law should possess the following qualifications: (a) permanent population; (b) defined territory: (c) a government; and (d) capacity to enter into relations with other State.
17.Soru
What are unilateral measures adopted by a State in response to the breach of its rights by the wrongful act of another State?
Self-help |
Defensive measures |
Countermeasures |
Preemptive defense |
Security measures |
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
18.Soru
What is the name of "the principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest."?
In foro demestico |
Non-liquet |
Opinio juris sive necessitatis |
Ex aequo et bono |
Res judicata |
Res judicata [Latin; a matter that has been decided]: The principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest.
19.Soru
Which of the following is important to ascertain the true meaning of the text of a treaty?
Interpretation |
Application |
Modification |
Revision |
Amendment |
Interpretation is important to ascertain the true meaning of the text of a treaty.
20.Soru
What is the meaning of 'ratification' ?
Ratification is a method by which a state becomes a party to a treaty of which it is not a signatory. |
Ratification is a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty. |
Ratification is some favor or advantage given to someone in return for something they have done. |
Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty”. |
Ratification is a unilateral statement made by a state at the time of signing a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state. |
Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty” (Art. 2(1)/b, Vienna Convention). Ratification is an act of government to approve the treaty in question. Treaty becomes binding on the state after ratification.
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