Publıc Internatıonal Law I Ara 7. Deneme Sınavı
Toplam 20 Soru1.Soru
I. Teleological
II. Traditional
III. Modern
Which one(s) of the approaches above is/are among the three main approaches to treaty interpretation?
Only I |
Only II |
Only III |
I-II |
II-III |
There are three main approaches to treaty interpretation:
• Textual (ordinary meaning of the words),
• The intention of the parties,
• Teleological (the object and purpose of the treaty).
2.Soru
- Mutual relations among States
- The practice of international organizations
- The unilateral practices of States
Which of the above is/are among the categories as the evidence(s) of State Practice?
Only I |
I,II |
I,II,III |
II,III |
Only III |
State practice is fundamental to the formation of a custom. It is the material (objective) element of a custom. It is that the States are constantly and uniformly following that practice. But what amounts to a State practice and what constitutes a State practice may cover every activity of the State organs or officials in an international context. It may include treaties, diplomatic correspondence and relations, opinions of national legal advisers, national legislation, policy statements, press releases, official manual on legal questions, executive decisions and practices, decisions of international and national courts, and the practices of international organizations. State practice can be grouped into three categories as evidenced – (a) in the mutual relations among States, (b) in the practice of international organizations, and (c) the unilateral practices of States.
3.Soru
Even if delegates have agreed upon a text, it might be referred to their governments for further action in the acceptance of the treaty.
Which of the following conditions does not require this action?
If the treaty is subject to ratification. |
If the treaty is subject to accession. |
If the treaty is subject to signature. |
If the treaty is subject to acceptance. |
If the treaty is subject to approval. |
If the treaty is subject to ratification, acceptance, approval or accession, signature merely signifies that the delegates have agreed upon a text that will be referred to their governments for further action in the acceptance of the treaty. Therefore, the correct option is C.
4.Soru
Which of the following was one of the international criminal tribunals that were established to deal with crimes that resulted mainly from internal armed conflicts in 1993?
The International Criminal Tribunal for the former Yugoslavia |
The International Criminal Tribunal for Rwanda |
The Special Court for Sierra Leone |
The International Criminal Court |
The Nuremberg Tribunal |
The International Criminal Tribunal for the former Yugoslavia was one of the international criminal tribunals that were established to deal with crimes that resulted mainly from internal armed conflicts in 1993.
5.Soru
Which of the following is about inter-se agreements concluded between
certain parties and it refers to varying the provisions of the treaty in their mutual relations?
Change |
Development |
Amendment |
Modification |
Classification |
Modification is about inter-se agreements concluded between certain parties and it refers to varying the provisions of the treaty in their mutual relations.
6.Soru
What is a necessity to develop international rules?
Concluding treaties among nation States |
Slow process of creating customary law |
Developing new customs |
Establishing legal authenticity |
Decolonization |
Treaties (conventions) constitute the most important source of modern international law. Addressing the needs of modern international society and keeping pace with the changes in international relations make it imperative to develop international rules.
This can be accomplished only through concluding treaties among nation States and not by the slow process of creating customary law.
7.Soru
Resolutions of General Assembly are sometimes referred to as ________.
Which of the following correctly completes the sentence above?
general principles of law recognized by civilized nations |
international conventions |
customary international law |
rule of equity |
soft law |
Resolutions of the General Assembly are sometimes referred to as soft law, since they cannot be classified as full-fledged rules of international law such as international custom, treaties, or general principles of law. However, resolutions meet, to a great extent, the criteria to be termed as law.Soft law consists of written instruments that spell out rules of conduct that are not legally binding and do not generate the requisite opinio juris contributing to customary rules but that lay down the trend for the future development of law.
8.Soru
“States are the principal subjects of international law”?Who made this definition?
Schwarzenberger |
Starke |
Oppenheim |
John Austin |
Sir Thomas Holland |
Recognizing this fact, Oppenheim’s latest definition reads, “States are the principal subjects of international law”.
9.Soru
Which one of the following is not among the factors that might cause the invalidity of a treaty?
Violation of domestic law |
Error |
Fraud and corruption of the state representative |
Extension of the reservation |
Coercion |
Violation of domestic law, Error, Fraud and corruption of the state representative, and Coercion are among the reasons that might lead a treaty become invalid
10.Soru
Who secularized the concept of natural law while making a distinction between jus naturale and jus gentium?
Francisco de Vittoria |
Hugo Grotius |
Alberico Gentilis |
Francisco Suarez |
John Locke |
International law was binding on the States because it was part of the law of nature. This idea can be clearly seen in the writings of Francisco de Vittoria (1480-1546), Francisco Suarez (1548-1617) and Alberico Gentilis (1552-1608). However, it was Hugo Grotius (1583-1645) who secularized the concept of natural law while making a distinction between jus naturale and jus gentium. He based the law of nations on customs and treaties in addition to the law of nature. The law of nature, according to him, was the dictate of right and reason, not of divine prescriptions.
11.Soru
Which of the following is an example of mini (or micro) states?
Andorra |
Germany |
France |
United Kingdom |
United States |
Andorra is an example of mini- (or micro-) states.
12.Soru
Which is not true for a protectorate?
A protectorate is always the creation of a treaty. |
It involves a certain measure of control. |
It involves a total or partial loss of sovereignty. |
It is now a dying species. |
There are three categories of it as class A, B and C |
-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.
-Three categories of mandates (A, B and C) were devised for those territories
“according to the stage of their development”.
13.Soru
Why do non-positivists support the dualist theory?
Because of the empirical differences in the formal sources of the two systems. |
Because both systems support that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals. |
Proponents of both systems regard law as a single unified field of knowledge. |
Proponents of both systems emphasize the consensual nature |
According to them, municipal law is logically a complete system. |
Non-positivists support the dualist theory primarily because of the empirical differences in the formal sources of the two systems.
14.Soru
The 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 is called:
Deferred signature. |
Full powers. |
Accession. |
Plenipotentiary. |
Quid pro quo. |
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 (Art. 2(1)/c, Vienna Convention). 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.
15.Soru
From ...., the law derives its authority or sanction.
Which of the following options correctly completes the sentence above?
Formal sources |
Material sources |
Main sources |
Subsidiary sources |
Other sources |
From formal sources, the law derives its authority or sanction.
16.Soru
Which of the following is NOT true about the traditional international law subjecting individuals?
The position of individuals at the international plane still depends on the express or implied will of the state |
The individual will benefit from treaty guarantees so long as the state remains a party to the treaty |
If the state withdraws from or denounces a treaty, this will end the individuals’ rights at the international plane against their own state. |
Individuals may bring a claim at the international plane on the basis of their nationality, which places them under the domestic jurisdiction of |
Individuals can sue states or be sued by states before an international |
As a general rule, individuals cannot sue
states or be sued by states before an international
tribunal, nor are individuals answerable to states
at the international plane for failing to fulfill their
obligations.
17.Soru
When were Human rights for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights?
1948 |
1955 |
1961 |
1982 |
1998 |
Human rights were for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights of 10 December 1948. The correct answer is A.
18.Soru
Which of the following is not one of means of the term “subjects of international law”?
An incumbent of rights and duties under international law |
The holder of procedural privilege of prosecuting a claim before an |
The possessor of interests for which provision is made by international law; |
The capacity to conclude treaties with states and international organizations |
Certain entities such as companies, public corporations, institutions, and idols |
The term “subjects of international law” means:
(a) an incumbent of rights and duties under international law;
(b) the holder of procedural privilege of prosecuting a claim before an
international tribunal;
(c) the possessor of interests for which provision is made by international law;
(d) the capacity to conclude treaties with states and international organizations (Starke 1989: 58).
Certain entities is not one of those.
19.Soru
Which of the following is true regarding form of treaties:
Only the entities enjoying international legal personality can be parties to a treaty. |
The Vienna Convention denies the legal validity of oral agreements. |
An agreement, to be termed as a treaty, should be governed by national law. |
International law prescribes a specific form for the making of the treaty. |
International law prescribes a specific procedure for the making of the treaty. |
The Vienna Convention is limited to written treaties in the interest of clarity and simplicity,without denying the legal validity of oral agreements. An agreement, to be termed as a treaty, should be governed by international law and not by national law. Like terminology, international law does not prescribe any form or procedure for the making of a treaty, though the constitutional law of certain states prescribes both. Only the entities enjoying international legal personality can be parties to a treaty. Article 6 of the Vienna Convention provides that “every state possesses capacity to conclude treaties.”
20.Soru
In which country's constitution is international law on par with municipal law?
France |
Turkey |
Uganda |
Saudi Arabia |
Syria |
In the constitutions of certain countries, international law is placed at par with municipal law, binding their citizens, such as in the constitutions of the United States of America (Art. VI, Para 2), France (Art.55 of the 1955 Constitution), and Germany (Art. 25 of the Basic Law).
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