Publıc Internatıonal Law I Final 13. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of these immunities does a diplomatic agent not have?
The right to travel freely in the territory of the |
Freedom of communication for official purpose |
Exemption from social security provisions in |
Immunity from local and military obligations. |
Exemption from the social security legislation |
Exemption from the social security legislation
as an employer.
2.Soru
I. Human rights are inherent in all human beings by virtue of their being human.
II. Human rights are inalienable.
III. Human rights are equally applicable to all.
Which of the above are true about human rights?
Only I |
Only III |
I and II |
II and III |
I, II and III |
All of them are true about human rights.
3.Soru
Which of the following reasons hasn’t been criticized regarding International Criminal Tribunal for the Former Yugoslavia (ICTY)?
The Tribunal has awarded very mild sentences. |
Some of the defendants claimed that the Tribunal had no legal authority because it was established by the UN Security Council instead of the UN General Assembly. |
The Tribunal has been claimed to be anti- democratic and in violation of national sovereignty and formed part of coercive order created by the Security Council. |
The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful. |
The Tribunal manifests the failure of the UN Security Council and the great powers to find a swift and viable solution to the conflict, reflecting the failure of diplomacy and politics. |
“The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.” This is a critic about The Nuremberg and Tokyo International Military Tribunals.
4.Soru
I. international minimum standard
II. international maximum standard
III. national treatment
Which one(s) of these statements are among the principal approaches regarding the treatment of aliens (foreign nationals)?
Only I |
Only II |
Only III |
I-II |
I-III |
The treatment of aliens (foreign nationals) has been a controversial subject under international law. There are two principal approaches in this respect:
• international minimum standard of treatment which must be accorded to aliens
by all states, irrespective of how they treat their own nationals; and
• national treatment, that is, treatment equal to that given by the concerned state to its own nationals must be accorded to aliens.
5.Soru
I. by descent from parents.
II. by paying nationality fee.
III. by birth in the territory of the state.
Which of the above are of the ways of attaining nationality?
Only I |
Only II |
I and II |
I and III |
I, II and III |
Two of the most common ways to attaining nationality are by descent from parents (jus sanguinis) and by birth in the territory of the state (jus soli). Therefore, the correct answer is D.
6.Soru
As per the attribution element; "To give rise to legal responsibility, it would have to be proved that a state has effective control of operations."
In which case was it stated that “degree of control may, however, vary according to the factual circumstances of each
case” ?
Military and Paramilitary Activities in and against Nicaragua |
Prosecutor v. Tadic |
The United States Diplomatic and Consular Staff in Tehran |
Phosphates in Morocco |
The Factory at Charzow |
In the Prosecutor v. Tadic
case, the Appeals Chamber of the International
Tribunal for the Former Yugoslavia (ICTY) stated
that the “degree of control may, however, vary
according to the factual circumstances of each
case” (Case IT-94-1: (1999), vol. 38, p. 1518).
The conduct of persons or groups is attributable to
the state if the persons or groups have committed
acts under the effective control of that state, even
if particular instructions may have been ignored.
7.Soru
Which statement is NOT among the obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law?
The state where the crime is committed generally has the strongest interest in punishing the criminal. |
The local forum is the most convenient one, since the witnesses and other facilities are most probably available there. |
The offender is most likely to be found there. |
It is crucial to avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time. |
The state may exercise jurisdiction outside its territory |
The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that:
- The state where the crime is committed generally has the strongest interest in punishing the criminal.
- The local forum is the most convenient one, since the witnesses and other facilities are most probably available there.
- The offender is most likely to be found there.
- To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time.
8.Soru
Apart from the International Criminal Court (ICC) which is a permanent tribunal, some other notable tribunals have also been createdWhich of the following is not one of these tribunals?
Code of Crimes against the Peace and Security of Mankind |
Special Court for Sierra Leone |
Extraordinary Chambers in the Courts of Cambodia |
Special Tribunal for Lebanon |
The East Timor Special Panels for Serious Crimes |
Code of Crimes against the Peace and Security of Mankind
9.Soru
The wrong against the “Law of Nations.” Which of the followings is the term described above?
Aliens. |
Ultra vires. |
Delicts jure gentium. |
Forum. |
Extradition. |
Delicts jure gentium: wrong against the “Law of Nations.” Therefore, the correct option is C.
10.Soru
Which one of the following is not one of the main organs of ICC?
Presidency |
Trial Division |
Judiciary Affairs |
Office of the Prosecutor |
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
11.Soru
I. Attribution
II. Self-defense
III. The absence of any valid justification
Which one(s) of the statements above is/are among the important elements regarding state responsibility?
Only I |
Only II |
Only III |
I-II |
I-III |
There are three important elements regarding state responsibility: attribution (imputability), breach (causation), and the absence of any valid justification or legal excuse.
12.Soru
Which of the followings identifies the empirical components of a human rights system in the context of the social process?
Natural Law Theory. |
Positivism. |
The Marxist Approach. |
The Sociological Approach. |
The Modern Approach. |
The sociological approach identifies the empirical components of a human rights system in the context of the social process. “Its primary contribution has been its emphasis on obtaining a just equilibrium of interests among prevailing moral sentiments and the social and economic conditions of time and place.” Therefore, the correct option is D.
13.Soru
Which of the below is not true about treaties?
Treaties have been classified into “general” and “particular”. |
The law-making treaties are a source of law; treaty contracts, on the other hand, are not directly a source of law. |
A treaty cannot modify or reject the existing customary rules. |
A treaty will not bind the non-parties unless they manifest their intention to be bound. |
Treaty law takes priority over international customary law. |
Treaties have been classified into “general” and “particular”, as is done in Article 38(l)(a) of the Statute of the ICJ.
A treaty, even if of universal or normative nature, will not bind the non-parties unless they (expressly or by their conduct) manifest their intention to be bound by the provisions of the treaty as general rules of international law.
Some jurists have further classified the treaties into lawmaking treaties and treaty contracts. Whereas the law-making treaties are a source of law, the treaty contracts merely purport to lay down special obligations between the parties and are not directly a source of law.
A treaty is an express manifestation of the parties’ intention to be bound by a particular rule, and it can modify or reject the existing customary rules. Hence, treaty law takes priority over international customary law. In those situations where there is a conflict between a treaty rule and a customary rule, the judicial bodies have to give effect to the treaty provision.
14.Soru
Which one of the following refers to jurisdiction according to the national interest of the state injured by the offence?
protective principle |
territorial principle |
nationality principle |
substantial connection |
extraterritorial jurisdiction |
the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.
15.Soru
Which of the below do the Draft Articles NOT establish?
General defenses to liability |
The consequences of liability |
Admissibility of claims |
The use of armed force |
Conditions for an act to qualify as internationally wrongful |
the Draft Articles are “secondary rules” that
address basic issues of responsibility and remedies
available for breach of primary (substantive) rules
of international law, such as with respect to the use
of armed force. The Draft establishes the following:
• conditions for an act to qualify as
internationally wrongful;
• circumstances under which actions of
officials, private individuals and other
entities may be attributed to the state,
• general defenses to liability,
• the consequences of liability, and
• admissibility of claims.
16.Soru
Which of the following is defined as some favor or advantage given to someone in return for something they have done?
Quid pro quo |
Unilateral declaration |
Ex officio |
Lex commissoria |
Erga omnes |
Quid pro quo means thatsome favor or advantage given to someone in return for something they have done
17.Soru
International law has been termed as weak law. Which of the following is NOT a reason why international law has been deemed so?
The absence of an elected legislature to frame laws |
The absence of courts with compulsory jurisdiction over all disputes |
The absence of an independent third-party dispute-settlement mechanism |
The contradicting approaches between international law and municipal law |
The lack of effective sanctions to punish those subjects (states) who break the rules |
International law has been termed as weak law. Critics of international law argue that it differs remarkably from municipal law in many respects such as the absence of an elected legislature to frame laws, the absence of courts with compulsory jurisdiction over all disputes or the absence of an independent third-party disputesettlement mechanism, and the lack of effective sanctions to punish those subjects (states) who break the rules.
18.Soru
Which of the following rights did the treaties related to minorities’ rights during the time of League of Nations not cover?
The protection of life and liberty |
Free exercise of religion |
Equality before the law |
Freedom of organization for religious and |
Freedom of movement |
In the 19thcentury a special exception was made for humanitarian intervention to prevent human rights abuses. Even before the United Nations was created, some treaties had been signed regarding the treatment of minorities. Although the Covenant of the League of Nations did not have any provision in this regard, the execution of these treaties was put under the guarantee of the League. Moreover, these treaties could not be modified without the consent of the League Council. In some cases, clauses included to bring the violation of treaty obligations before special tribunals. These treaties, however, were limited in their objectives and related to certain minorities. They did not create general obligations to respect fundamental human rights. The minority rights covered under these treaties were: the protection of life and liberty; free exercise of religion without discrimination on grounds of language, race or religion; equality before the law; and the freedom of organization for religious and educational purposes. These rights were mainly civil and political in nature. However, this protection was not extended to the rights of the individual.
19.Soru
As formulated in Article 38 of the Statute of the
International Court of Justice, which source of international law deals with the recognition of laws by civilized nations?
Material source |
International conventions |
International custom |
The general principles of law |
Judicial decisions and teachings |
The internationally accepted classification of sources of international law is formulated in Article 38 of the Statute of the International Court of Justice. These sources are:
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting States
b. international custom, as evidence of a general
practice accepted as law
c. the general principles of law recognized by
civilized nations
d. subject to the provisions of Article 59,
judicial decisions and the teachings of the
most highly qualified publicists of the various
nations, as subsidiary means for the
determination of rules of law
20.Soru
Which of the following refers to the surrender by one state to another
of a person accused of committing an offence in the latter?
Alien |
Juristic person |
Extradition |
Ultra vires |
Delicts jure gentium |
Extradition means that the surrender by one state to another
of a person accused of committing an offence in
the latter (Martin, 2003: 194).
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