Publıc Internatıonal Law I Final 11. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the following is one of the two International Military tribunals set up after the Second World War?
Special Court for Sierra Leone |
Tokyo Tribunal |
Special Tribunal of Lebanon |
Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft |
International Criminal Court |
After the Second World War, revolutionary changes came in this area. The Allied powers set up two International Military Tribunals (Nuremberg Tribunal in 1945 and Tokyo Tribunal in 1946) to try the criminals who committed war crimes, crimes against humanity, crimes against peace, and conspiracy to commit these crimes.
2.Soru
In terms of criminal jurisdiction, which of the below determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence?
Territorial principle |
Nationality principle |
Protective principle |
Universality principle |
Conflict of jurisdiction |
The nationality principle, which determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence
3.Soru
Which of the following is the old Roman law principle, retained in European law, stating the right not to be prosecuted or tried twice for the same criminal conduct?
Ne bis in idem |
Nullum crimen sine lege |
Nulla poena sine lege |
Non-retroactivity ratione personae |
Lex commissoria |
Ne bis in idem: The old Roman law principle, retained in European law, stating the right not to be prosecuted or tried twice for the same criminal conduct.
4.Soru
What is the purpose of the United Nations?
The promotion and protection of human rights and fundamental |
Interference with domestic matters of other states |
The protection of human rights between individuals and their nation. |
The choice of nations and individuals who are entitled to human rights |
To protect different cultural elements all over the world |
The promotion and protection of human rights and fundamental
freedoms without any distinction
5.Soru
Which one of the following mandatories in class C is correctly matched?
South-West Africa (Mandatory—South Africa) |
Pacific Islands north of the Equator (Mandatory— China) |
Western Samoa (Mandatory—Australia) |
New Guinea (Mandatory—New Zealend) |
Nauru (Mandatory - France) |
Class C mandates were the least-developed. Because of their sparse population or small size, or remoteness from the centers of civilization, or their geographical continuity to the territory of the Mandatory, they were administered under the laws of the Mandatory as integral portions of its territory. The territories concerned were: Nauru (Mandatory powers were Great Britain, Australia, and New Zealand), New Guinea (Mandatory—Australia), Western Samoa (Mandatory—New Zealand), Pacific Islands north of the Equator (Mandatory— Japan), South-West Africa (Mandatory—South Africa).
6.Soru
The most recent addition to the list of international crimes is:
Trafficking in women and children. |
Trafficking in narcotic drugs. |
Counterfeiting of currency. |
Aircraft hijacking. |
International terrorism. |
The conclusion of numerous other treaties have made the following acts international crimes: aircraft hijacking, unlawful acts against the safety of civil aviation, trafficking in women and children, trafficking in narcotic drugs, counterfeiting of currency, kidnapping of diplomats and taking of hostages. The most recent addition to this list of international crimes is international terrorism. The absence of any judicial tribunal to try the perpetrators of these crimes left the matter to the states concerned to prosecute and punish them. As a result, there is no uniformity in the substantive and procedural rules in this regard.
7.Soru
Which of the following is NOT one of items an agent is liable to pay?
Indirect taxes |
Dues and taxes on private immovable property situated in the territory of the receiving state |
Estate, succession or inheritance duty, levied by the receiving state |
Tax on income having its source in private investments in commercial undertaking in the receiving state |
Direct taxes |
A diplomatic agent is exempt from all dues and taxes. The agent, however, is liable to pay:
i. Indirect taxes, such as sales tax or service charges;
ii. Dues and taxes on private immovable property situated in the territory of the receiving state such as house tax;
iii. Estate, succession or inheritance duty, levied by the receiving state;
iv. Tax on income having its source in private investments in commercial undertaking in the receiving state;
v. Charges levied for specific services rendered such as road tax;
vi. Registration, court or record fees, mortgage dues, and stamp duty with respect to immovable property (Art. 34).
8.Soru
Which of the following is NOT among the reasons indicating that a person shall not be criminally responsible as outlined in Article 31?
S/he suffers from a mental disease |
S/he is in a state of intoxication |
the conduct is compatible with the person's social norms and values |
S/he defends her/himself or another person |
the conduct has been caused by duress |
According to Article 31 of the Statute, person shall not be criminally responsible if, at the time of that person’s conduct):
• he/she was suffering from a mental disease or defect that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct;
• the person is in a state of intoxication that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct;
• the person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person;
• the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress.
9.Soru
Concerning all the recorded instances in which errors were alleged to have invalidated certain treaties, what were those errors?
Timing errors |
Errors about people |
Errors about numbers |
Geographical errors |
Errors about representatives |
Article 48 the Vienna Convention considers error or mistake a reason to invalidate a treaty. The state practice, however, is scanty in this regard. All the recorded instances in which errors were alleged to have invalidated certain treaties were related to geographical errors, and mostly errors in maps. Both the ICJ and the PCIJ have had the occasion to consider the pleas of error, which were rejected. This is evident in the Temple of Preah Vihear case (Cambodia v. Thailand, 1962) and the Mavrommatis case (Greece v. United Kingdom, 1924). The correct answer is D.
10.Soru
How long is the term served by a judge at International Criminal Court?
4 years. |
7 years. |
9 years. |
11 years. |
For their lifetime. |
Judges shall hold office for a term of nine years and shall not be eligible for re-election. Therefore, the correct option is C.
11.Soru
Which of the following is NOT a regional human rights convention adopted by the UN?
The European Convention on Human Rights |
The American Convention on Human Rights |
The African Charter on Human Rights and Peoples’ Rights |
The Asian Charter on Human Rights and Peoples’ Rights |
The Revised Arab Charter on Human Rights |
At the regional level, the following human rights conventions have been adopted by the United Nations:
• the European Convention on Human Rights, 1950,
• the European Social Charter, 1961,
• the American Convention on Human Rights, 1969,
• the African Charter on Human Rights and Peoples’ Rights, 1981,
• the Revised Arab Charter on Human Rights, 2004.
The four Geneva Conventions, 1949; two additional Protocols to these Conventions, 1977; and the Final Act of the Conference on Security and Cooperation in Europe, 1975 (the Helsinki Accords) also contain important provisions on human rights. The Asian Charter on Human Rights and Peoples’ Rights is not among the conventions listed.
12.Soru
What is a juristic person?
A human being recognized as a legal personality |
An entity(such as a corporation) recognized as a legal personality |
A judge at an international court |
Any person that is part of an international case |
A legal person that can only be tried at a territorial jurisdiction |
Juristic person (artificial person). An entity, such
as a corporation, that is recognized as having
legal personality, i.e. it is capable of enjoying
and being subject to legal rights and duties. It is
contrasted with a human being, who is referred to
as a natural person.
13.Soru
I. to protect the interests of the sending state and its nationals
II. to negotiate with the government of the receiving state
III. to report about the conditions of the receiving state
Under customary international law, which functions so diplomatic missions have to perform?
Only I |
Only III |
I and III |
II and III |
I, II and III |
Under customary international law, diplomatic missions have three functions to perform: • to protect the interests of the sending state and its nationals, • to negotiate with the government of the receiving state, and • to report about the conditions of the receiving state
14.Soru
Which one of the following human rigths approaches supports that the individual
has no status in international law?
Natural Law Theory |
Positivism |
The Marxist Approach |
The Sociological Approach |
The Modern Approach |
Under positivist theory, rules of international law are merely rules of positive
morality. According to positivists, the individual has no status in international law.
15.Soru
Which of the following is a part of group rights?
Right to vote |
Right to petition |
Right to life |
Right to equality |
Right to peace |
In the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. In contrast to
the individual’s rights (i.e., the first two generations rights), these are collective or group rights such as the right to development, right to healthy human environment, right to peace, and right to
self-determination.
16.Soru
I. The Tribunal manifests the failure of the UN Security Council
II. The Tribunal has awarded very harsh sentences
III. The Tribunal has been claimed to be antidemocratic
Which one(s) of the statement(s) above is/are among the criticism towards International Criminal Tribunal for the Former Yugoslavia (ICTY)?
Only I |
Only II |
Only III |
I-II |
I-III |
The ICTY has also been criticized, among others, for the following reasons:
The Tribunal manifests the failure of the UN Security Council
The Tribunal has awarded very mild sentences
The Tribunal has been claimed to be antidemocratic and in violation of national
sovereignty and formed part of coercive order created by the Security Council.
17.Soru
What is the typical legal subject of international law?
Individuals |
Public corporations |
Companies |
The state |
Idols |
The typical legal subject of international law is the state. Ordinarily, international law deals with the rights and duties of states and its rules bind the states. Other entities may also be considered as the subjects of international law to the extent they can enter into legal relations and exercise certain rights on the international plane.
18.Soru
Which one is not considered as non-self-governing territories?
Independent territories |
Colonies |
Protectorates |
Trusteeship |
Mandate territories |
Non-self-governing territories - colonies, protectorates, trusteeship and mandate territories. Capacity to conduct international relations is significant in deciding the international personality of an entity. "Independent territories" is not one of them.
19.Soru
Which of the following is NOT among the organs of International Criminal Court?
Post-Trial Division |
Trial Division |
Pre-Trial Division |
Office of the Prosecuter |
Registry |
The Court is composed of the following organs (Art.34):
• the Presidency;
• an Appeals Division, a Trial Division, and a Pre-Trial Division;
• the Office of the Prosecutor;
• the Registry.
20.Soru
Which of the following is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted?
Diplomacy |
Diplomatic protection |
Immunity from jurisdiction |
Immunity from prosecution |
Privilege from arrest |
Diplomatic protection is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted. Such protection extends to both natural and legal persons
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