Publıc Internatıonal Law I Ara 14. Deneme Sınavı
Toplam 20 Soru1.Soru
Two or more parties to a multilateral treaty, subject to the provisions of the treaty itself and by giving notice to other parties, can conclude an agreement to modify the treaty between themselves if:
The modification in question is not allowed by the treaty. |
It affects the rights of other parties under the treaty. |
It does not affect the obligations of other parties under the treaty. |
It relates to a provision from which is incompatible with the effective execution of the object and purpose of the treaty as a whole. |
It relates to a derogation from which is incompatible with the effective execution of the object and purpose of the treaty as a whole. |
Two or more parties to a multilateral treaty, subject to the provisions of the treaty itself and by giving notice to other parties, can conclude an agreement to modify the treaty between themselves if the treaty does not affect the rights and obligations of other parties under the treaty.
2.Soru
Which one of the following steps of making a treaty includes a government's approval of the treaty in question?
Accession |
Ratification |
Commencement |
Authentication |
Negotiation |
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.
3.Soru
Which of the scholars of international law below is a Naturalist?
Samuel von Pufendorf |
Cornelius van Bynkershoek |
Christian Wolff |
Emmerich de Vattel |
Hans Kelsen |
After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632- 1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States.
4.Soru
What is the definition of plenipotentiary in terms of treaties?
An elected representative. |
An appointed bureaucrat by the president. |
Minister of foreign affairs. |
A representative with full powers. |
Each party of a treaty. |
Treaty becomes binding on the state after ratification. Ratification presupposes signing of a treaty by the duly appointed plenipotentiary (person having full powers). Therefore, the correct option is D.
5.Soru
What is the name of the term which means "the substitution of one person for another so that the person substituted succeeds to the rights of the other"?
Estoppel |
Good faith |
Subrogation |
Equity |
Arbitral tribunals |
Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other (Martin, 2003: 483).
6.Soru
What is "ex aeque et bono"?
A decision based on laws |
A case that cannot be tried due to lack of laws |
A case where both parties are found guilty |
A public case that is considered a punishable crime but contributes to society |
A decision in a case where the decision is made based on what is fair and just |
Ex aequo et bono means what is just and fair or according to equity and good conscience. Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. A decision-maker who is authorized to decide ex aequo et bono is not bound by legal rules but may take account of what is just and fair (USLegal.com).
7.Soru
Who primarily champions the view that considers individuals alone as subjects of international law?
Hans Morgenthau |
Kenneth Waltz |
Hans Kelsen |
Joseph Nye |
Henry Kissenger |
Hans Kelsen primarily champions the view that considers individuals alone as subjects of international law
8.Soru
Which of the below refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences?
Ex aequo et bono |
Opinio juris sive necessitatis |
Erga omnes |
Res judicata |
Non-liquet |
Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences.
9.Soru
Which of the following statements is true about de facto recognition?
De facto recognition is final. |
De facto recognition is formal. |
The diplomatic relations can be established with de facto entities only. |
De facto recognition is irrevocable. |
De facto recognition is provisional. |
De facto recognition is conditional, temporary and provisional.
10.Soru
Which of the following is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty”?
Ratification |
Accession |
Termination |
Commencement |
Authentication |
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. The correct answer is A.
11.Soru
Which one of the following terms is used for more formal types of agreements?
memorandum of understanding |
procés vérbal |
charter |
arrangement |
exchange of notes |
The terms treaty, pact, charter, constitution, statute, convention, General Act, Final Act (when it is an independent instrument) are generally used for formal instruments of multilateral character
12.Soru
______________ 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, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty.
Amendment |
Full powers |
Accession |
Unilateral Declaration |
Legal Personality |
Full powers 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, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty.Before the start of the formal negotiations of a treaty, normally there is a reciprocal examination of the full powers in order to avoid any trouble resulting from negotiation with a representative, not duly authorized to negotiate. Through the conclusion of less formal agreements between the departments of two governments, the practice of production of full powers by states is now increasingly dispensed with.
13.Soru
Which of the followings is the most important characteristic of the international personality of an entity?
Power to provide consultation. |
Power to make treaties. |
Military power. |
Diplomatic power. |
Territorial 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. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations confirms that governmental organizations have the capacity to enter into treaties. Therefore, the correct option is B.
14.Soru
Which of the following was established in 2002 to try individuals for crimes enlisted in the Rome Statute?
The Nuremberg Tribunal |
The International Criminal Tribunal for Rwanda |
The International Criminal Court |
The International Criminal Tribunal for Rwanda |
The Special Court for Sierra Leone |
The International Criminal Court was established in 2002 to try individuals for crimes enlisted in the Rome Statute.
15.Soru
What is the name of "obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole."?
Erga omnes obligations |
Opinio juris sive necessitatis |
Ex aequo et bono |
Non-lique |
Concurrence |
Erga omnes obligations [Latin: towards all] (in international law) Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole.
16.Soru
Which of the following statement is correct about the meaning of “Equity”?
In its broadest sense, equity is fairness. |
In its broadest sense, equity is equality. |
In its broadest sense, equity is justice. |
In its broadest sense, equity is baldness. |
In its broadest sense, equity is quality. |
Judicial Application of General Principles
Equity: In its broadest sense, equity is fairness. As a legal system, it is a body of law that addresses concerns that fall outside the jurisdiction of Common Law. It can be traced to England, where it began as a response to the rigid procedures of England’s law courts.
17.Soru
I- Treaties of cession
II- Boundary treaties
III- Treaties relating to international settlements
IV- Treaties establishing special regimes
Which of the above is among the examples of dispositive treaties and constitutive treaties?
Only I |
I and II |
I, II and III |
II, III and IV |
I, II, III and IV |
Dispositive treaties and constitutive treaties include treaties of cession, boundary treaties, treaties relating to international settlements, and treaties establishing special regimes.
18.Soru
Which of the following describes a situation where there is no applicable law?
non-liquet |
in foro demestico |
opinio juris |
res judicata |
erga omnes |
Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences.
19.Soru
In order to have a claim over Statehood, what is the most important factor in granting recognition to a new entity?
Subject of law |
Borders |
Population |
Protector |
Independence |
In order to have a claim over Statehood, an entity should have the capacity to enter into relations with other states and must be accepted so by others. This requirement is also the most important factor in granting recognition to a new entity. A state cannot fulfil this requirement unless it has independence.
20.Soru
According to the Article 38 of the Statute of the International Court of Justice which of the two subsidiary means for the determination of rules of law are/were identified?
a) judicial decisions of the USA Supreme court, b) the teachings of the most highly qualified publicists of the various nations. |
a) judicial decisions UN human rights Org, b) the teachings of the most highly qualified publicists of the various nations. |
a) judicial decisions EU human rights Org, b) the teachings of the most highly qualified publicists of the various nations. |
a) judicial decisions, b) the teachings of the most highly qualified publicists of the various nations. |
a) UN decisions, b) the teachings of the most highly qualified Nobel prize winners. |
SUBSIDIARY SOURCES OF INTERNATIONAL LAW
Article 38 of the Statute of the International Court of Justice identifies two subsidiary means for the determination of rules of law: a) judicial decisions, b) the teachings of the most highly qualified publicists of the various nations.
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