Publıc Internatıonal Law I Final 14. Deneme Sınavı
Toplam 20 Soru1.Soru
I. International Monetary Fund
II. United Nations
III. World Health Organization
Which one(s) of them enjoy(s) certain measure of privileges and immunities from the jurisdiction of the territorial state?
Only I |
Only II |
Only III |
I-II |
I-III |
International organizations such as the United Nations, the International Atomic Energy Agency, and the International Monetary Fund also enjoy certain measure of privileges and immunities from the jurisdiction of the territorial state.
2.Soru
In terms of criminal jurisdiction, which of the below provides jurisdiction by reference to the nature of the crime?
Territorial principle |
Nationality principle |
Protective principle |
Universality principle |
Conflict of jurisdiction |
The universality principle that provides jurisdiction by reference to the nature of the crime.
3.Soru
Which of the followings is the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused?
Ratione Personae |
Prosecutor |
Actus Reus |
Mens Rea |
Ultra Vires |
mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
4.Soru
What is the definition of restitution?
In international law that an injured State is entitled to obtain compensation from the State which has committed an internationally wrongful act for the damage. |
Restitution involves normally a matter of negotiation. |
Restitution involves loss of property, the damage is assessable in the context of market price, including even the loss of profits, and therefore it may become compensable. |
Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act. |
Restitution involves in an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality. |
Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act. The PCIJ in the Chorzow Factory case confirmed the primacy of restitution
5.Soru
Which of the following describes the notion that a diplomatic missions personifies the sending state?
The extraterritoriality theory |
The representative character theory |
The functional necessity theory |
Diplomatic asylum |
Special duty |
The representative character theory,
which considers the diplomatic mission
as personifying the sending state and the
diplomat as representative of the foreign
sovereign.
6.Soru
"The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused."
Which of the followings is the term described above?
Ultra Vires. |
Aggression. |
Actus Reus. |
Genocide. |
Mens Rea. |
Mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Therefore, the correct option is E.
7.Soru
Which of the following defines the "positivism", which is among the ideological approaches to human rights?
It emphasizes the moral worth of the individual. |
It conceives human rights chiefly in a materialistic frame. |
It identifies the human rights system in the context of the social process. |
A sovereign can define the scope of liberties of its subjects. |
It puts the individual at the center of the human rights discourse. |
A sovereign can define the scope of liberties of its subjects.
8.Soru
I. Civil Rights,
II. Cultural Rights,
III. Political Rights,
IV. Natural Rights.
Which of the ones stated above is among the rights on which the first generation of human rights focused?
I & II. |
I & IV. |
II & IV. |
I, III & IV. |
I, II & IV. |
The first generation consists of civil and political rights, mainly based on natural rights philosophy of the eighteenth century thinkers such as Locke and Rousseau. The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century. Therefore, the correct option is D.
9.Soru
I. The act in question must be brought about by an irresistible force or by an unforeseen event,? II. Which is beyond the control of the State concerned,? III.Which makes it materially impossible in the circumstances to perform the obligation. Which of the elements above are obligatory for force majeure to qualify as a defense?
Only I |
Only III |
I and III |
II and III |
I, II and III |
Force majeure as a defense is available only where the following three elements are met:
-
The act in question must be brought about by an irresistible force or by an unforeseen event,?
-
Which is beyond the control of the State concerned,?
- Which makes it materially impossible in the circumstances to perform the obligation.
10.Soru
In which case had the Permanent Court of International Justice spelled out this linkage between the breach and reparation as follows?
“It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form. Reparation therefore is the indispensable complement of a failure to apply a convention and there is no necessity for this to be stated in the convention itself” (1927 PCIJ, p. 21)
In the Chorzow Factory case |
In the Gabcikovo-Nagymaros Project case |
In the LaGrand case |
In the Case of De Becker v. Belgium |
In the Corfu Channel case |
In the Chorzow Factory case, the Permanent Court of International Justice had spelled out this linkage between the breach and reparation as follows:
“It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form. Reparation therefore is the indispensable complement of a failure to apply a convention and there is no necessity for this to be stated in the convention itself” (1927 PCIJ, p. 21).
11.Soru
Which one of the following is not among the immunities that a diplomatic agent enjoys?
Right to travel freely in the territory of the receiving state |
Freedom of communication for official purpose |
Exemption from social security provisions in force in the receiving state |
Immunity from local and military obligations |
Integration in the foreign policy decisions of the receiving state |
Other immunities that a diplomatic agent enjoys are as follows:
• Right to travel freely in the territory of the receiving state, subject to the condition that he cannot go to the prohibited area that is important for the national security of the receiving state (Art. 26);
• Freedom of communication for official purpose (Art. 27);
• Exemption from social security provisions in force in the receiving state, except in case of servants for whom he must comply with the social security legislation as an employer
(Art. 33);
• Immunity from local and military obligations (Art. 35).
12.Soru
How many member states form the Human Rights Council that reports to the General Assembly?
17 |
27 |
37 |
47 |
57 |
The Human Rights Council is a subsidiary organ of the General Assembly. Unlike the CHR, which was a subsidiary body of the ECOSOC and reporting to the ECOSOC, the Human Rights Council reports to the General Assembly. “The Council is made of 47 Member States, which are elected by the members of the General Assembly of the United Nations through direct and secret ballot. Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The Council’s Membership is based on equitable geographical distribution. Seats are distributed as follows:
• African States: 13 seats
• Asia-Pacific States: 13 seats
• Latin American and Caribbean States: 8 seats
• Western European and other States: 7 seats
• Eastern European States: 6 seats” (www.ohchr.org).
13.Soru
Which of the following is defined as action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused
Actus reus |
Mens rea |
War crime |
Conspiracy |
Genocide |
actus reus (guilty act): action or conduct which is
a constituent element of a crime, as opposed to
the mental state of the accused.
14.Soru
"The UN Charter, which has played the catalyst
role in the human rights movement, does not give
a definition of fundamental freedoms and human
rights, nor does it provide any machinery to secure
their observance. This task has been fulfilled by the
subsequent United Nations instruments."
Which of the below was the first important instrument to do so?
Declaration on the Right to Development |
Universal Declaration of Human Rights |
Covenant on Civil and Political Rights |
Covenant on Economic, Social and Cultural Rights |
International Bill of Rights |
The UN Charter, which has played the catalyst
role in the human rights movement, does not give
a definition of fundamental freedoms and human
rights, nor does it provide any machinery to secure
their observance. This task has been fulfilled by the
subsequent United Nations instruments. The First
critical instrument was the Universal Declaration
of Human Rights, adopted by the General
Assembly on December 10, 1948. It defined
expressly certain human rights and fundamental
freedoms that need to be protected.
15.Soru
Which that was The Universal Declaration of Human Rights adopted?
24 October 1945 |
12 July 1946 |
10 December 1948 |
13 September 1950 |
11 September 2001 |
The UN Charter, which has played the catalyst role in the human rights movement, does not give a definition of fundamental freedoms and human rights, nor does it provide any machinery to secure their observance. This task has been fulfilled by the subsequent United Nations instruments. The First critical instrument was the Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948. It defined expressly certain human rights and fundamental freedoms that need to be protected.
16.Soru
I. An equal has no authority over an equal.
II. The principle of non-intervention.
III. Rule of comity or reciprocity.
Which of the above can be given as the basis of jurisdictional immunity?
Only I |
Only II |
I and III |
II and III |
I, II and III |
Several principles are quoted as the basis of jurisdictional immunity:
a. Par in parem non habet imperium, i.e., an equal has no authority over an equal.
b. The principle of non-intervention, i.e., the matters related to the acts, policy and transactions of a foreign state should not stand to scrutiny by the territorial state, lest it would amount to intervention in the internal matters of another state.
c. Rule of comity or reciprocity, i.e., the accepted rules of mutual conduct as between states, which each state adopts in relation to other states and expects other states to adopt in relation to itself. It may otherwise be considered as an unfriendly act.
d. Implied grant of license to a foreign sovereign or state to visit or function within its territory signifies immunity and imposes an implied obligation on the territorial state not to derogate from such a grant. Immunity also rests on the functional
As a result, all of the statements are correct. The correct options is E.
17.Soru
Which of the following bodies drafted the Convention for the Creation of an International Criminal Court?
The League of Nations. |
The United Nations. |
The European Union. |
The United States of America. |
European Court of Human Rightd. |
The attempts to establish an international permanent criminal court started by the Committee of Jurists in 1920 to try crimes against international public order and the universal law of nations. The League of Nations drafted a Convention for the Creation of an International Criminal Court in 1937 (along with the Convention on the Prevention and Punishment of Terrorism), consisting of five judges and five deputies to be elected by the Permanent Court of International Justice. Therefore, the correct option is A.
18.Soru
Human Rights Council’s Membership is based on equitable geographical distribution.
According to the statement above, which of the followings possesses the least members?
African States. |
Eastern European States. |
Western European and other States. |
Latin American and Caribbean States. |
Asia-Pacific States. |
The Human Rights Council is a subsidiary organ of the General Assembly. Unlike the CHR, which was a subsidiary body of the ECOSOC and reporting to the ECOSOC, the Human Rights Council reports to the General Assembly. The Council is made of 47 Member States, which are elected by the members of the General Assembly of the United Nations through direct and secret ballot. Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The Council’s Membership is based on equitable geographical distribution. Seats are distributed as follows:
• African States: 13 seats
• Asia-Pacific States: 13 seats
• Latin American and Caribbean States: 8 seats
• Western European and other States: 7 seats
• Eastern European States: 6 seats
Therefore, the correct option is B.
19.Soru
A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Which of the following means the mental element?
Actus reus |
Guilty act |
Mens rea |
Draft code |
Wrongdoing |
Mens rea;
Mens rea is the mental element, i.e. a person’s awareness of the fact that his or her conduct is criminal.
20.Soru
Which of the following is defined as a person who, under the law of a particular state, is not a citizen of that state?
Alien |
Citizen |
International persons |
Legal person |
Natural person |
Alien is defined as a person who, under the law of a particular state, is not a citizen of that state.
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