Publıc Internatıonal Law I Final 15. Deneme Sınavı
Toplam 20 Soru1.Soru
I. obligations for the protection of fundamental human rights,
II. obligations of a humanitarian character prohibiting reprisals,
III. other obligations under peremptory norms of general international law.
Which of the above are among the items that Countermeasures cannot affect?
Only I |
Only II |
I and II |
I and III |
I, II and III |
Countermeasures shall not affect, that is, cannot suspend:
- the obligation to refrain from the threat or use of force as embodied in the Charter of the United Nations,
- obligations for the protection of fundamental human rights,
- obligations of a humanitarian character prohibiting reprisals,
- other obligations under peremptory norms of general international law (Art. 50).
As a result, all of the statements are correct. The correct option is E.
2.Soru
- 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
event
Which ones above are elements only where the force majeure as a defense is available?
Only I |
I and II |
II and III |
I and III |
I, II and III |
The 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, and
• which makes it materially impossible in the circumstances to perform the obligation.
3.Soru
Which one of the following stands for the abbreviation of the committee working for the elimination of racial discrimination?
CEDAW |
ILO |
CERD |
CAT |
CRC |
The Committee for the Elimination of Racial Discrimination, consisting of 18 independent members with legal or diplomatic background, exists under the 1966 Convention on the Elimination of All Forms of Racial Discrimination. Unlike the committees under the two human rights Covenants, the expenses of the Committee under the CERD are borne by the states parties to the Convention
4.Soru
Which of the following is false regarding human rights and how they differ from other rights?
They must be protected by law. |
They are inherent in all human beings by virtue of their being humans. |
The main duties deriving from human rights fall on states and not on individuals. |
They are equally applicable to all. |
They are alienable. |
Human rights differ from other rights in two respects. First, human rights are characterized by being: Inherent in all human beings by virtue of their being humans; Inalienable; Equally applicable to all. Second, the main duties deriving from human
rights fall on states and their authorities or agents, not on individuals. As a corollary of this, human rights must be protected by law (‘the rule of law’).
5.Soru
"The source of human rights is to be found only in the enactments of law with sanctions attached to it" is the idea of which ideological approach?
Natural law theory. |
The Marxist approach. |
The sociological approach. |
The miodern approach. |
Positivism. |
Another approach to human rights is legal positivism. Under the positivist theory, the
source of human rights is to be found only in the enactments of law with sanctions attached to it.
6.Soru
Which tribunal investigated the crimes of the Red Khmer era?
Special Court for Sierra Leone |
Special Tribunal for Lebanon |
The East Timur Special Panels for Serious Crimes |
Extraordinary Chambers in the Courts of Cambodia |
International Criminal Tribunal for the Former Yugoslavia |
Extraordinary Chambers in the Courts of Cambodia investigated the crimes of the Red Khmer era.
7.Soru
The first reference to personal liberties is found in:
Virginia Declaration of Rights. |
The Magna Carta. |
French Declaration of the Rights of Man and of the Citizen. |
Covenant of the League of Nations. |
The Universal Declaration of Human Rights. |
The concept of human rights dates back to antiquity. One can find reference to rights in many national documents. The first reference of personal liberties is found in the Magna Carta of 1215 in England. Other notable references prior to the 19th century are the 1776 Virginia Declaration of Rights and the 1789 French Declaration of the Rights of Man and of the Citizen. The institutionalization of human rights in national documents penetrated into the international system at the end of the 18th century.
8.Soru
Which of the following is a case where Permanent Court of International Justice acknowledged Article 1 of the Draft?
9/11 bombing in the USA |
Rwanda Genocide |
Spanish zone of Morocco claims |
Use of chemical weapons in Iraq |
Mass school shootings in the USA |
Apart from the 4 cases listed among the options, Spanish zone of Morocco claims (1931), Judge Huber decided that the responsibility of the incident falls on the state.
9.Soru
Which approach to human rights recognizes the contextuality of human rights in terms of the conditions of a society?
The Marxist approach |
The natural rights theory |
The sociological approach |
Legal positivism |
The modern approach |
The focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society. Answer A, the Marxist approach is the answer.
10.Soru
Which one of the following is not among the circumstances precluding wrongfulness stated in The Draft Articles in Chapter V of Part One?
Consent |
Self-defense |
Countermeasures |
Attribution |
Force majeure |
The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses):
• Consent (Art. 20),
• Self-defense (Art. 21),
• Countermeasures (Art. 22),
• Force majeure (Art. 23),Distress (Art. 24),
• Necessity (Art. 25).
11.Soru
Which of the following terms refers to "the jurisdiction of a court of law over a proposed action in relation to the passage of time"?
Ratione temporis |
Fault |
Culpa |
Force majeure |
Consent |
Jurisdiction ratione temporis (temporal jurisdiction) refers to the jurisdiction of a court of law over a proposed action in relation to the passage of time
12.Soru
How many judges does The International Criminal Court (ICC) have?
8 |
18 |
24 |
34 |
46 |
The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency.
13.Soru
I. Civil rights
II. Political rights
III. Economic rights
IV. Social rights
V. Cultutal rights
Scholars classify human rights under three generations. Which of the above are included in the "second generation"?
I and II |
III, IV and V |
I, II and III |
II and III |
IV and V |
The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century.
14.Soru
How is defined by natural law theory?
Natural rights theory is the common sociological approach. |
Natural rights theory led to the realm of protection of human rights. |
Natural rights theory emphasizes the moral worth of the individual. |
Natural rights theory considers the human rights as falling within domestic jurisdiction. |
Natural rights theory is merely rules of positive morality. |
The natural law theory led to the natural rights theory, which is most closely associated with the modern concept of human rights. The chief exponent of this theory was John Locke. Natural rights theory emphasizes the moral worth of the individual. Accordingly, the individual possesses basic human rights and everyone is inherently entitled to these rights as a human being, independent of whether or not these rights are recognized by the ruler.
15.Soru
According to which of the following principles, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad?
Active nationality principle |
Objective territorial principle |
Subjective territorial principle |
Passive nationality principle. |
Protective principle |
According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.
16.Soru
Which of the following was not a count of offenses that the Charter of International Military Tribunal for the Far East and the International Military Tribunal at Nuremberg had?
Conspiracy to commit crimes. |
Crimes against peace |
War crimes |
Crimes against humanity |
Crimes against solidarity |
The Charter of these tribunals had four counts
-
Crimes against peace, i.e., beginning a war of aggression by planning, preparation or initiation, or in violation of treaties, such as the Hague Conventions of 1899, 1907, the Treaty of Versailles, violation of Mutual Non-aggression Pact by Germany with
-
War crimes, i.e., crimes under the laws of war, which included violation of customary and conventional rules and regulations relating to warfare.
-
Crimes against humanity, i.e., inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories.
- Conspiracy to commit these crimes.
17.Soru
When was the International Criminal Court (ICC) adopted?
1954 |
1990 |
1998 |
2002 |
2010 |
1998
18.Soru
Which one of the following is The Arab Charter on Human rights based on?
Cairo Declaration on Human Rights in Islam |
African Court on Human and Peoples’ Rights |
The American Convention on Human Rights |
European Social Charter |
The European Convention on Human Rights |
The Charter draws upon the Universal Declaration of Human Rights, the two International
Covenants on Human Rights and the Cairo
Declaration on Human Rights in Islam.
In 2014, the member States of the Arab League,
by way of a treaty, adopted the Statute of the Arab
Court of Human Rights.
19.Soru
Which one of the following does NOT enjoy exemption and immunity from local jurisdiction under international law?
Foreign armed forces |
Foreign public ships |
International organizations |
Immigrants living in a foreign country |
Diplomatic represantatives of foreign states |
Under international law, certain degree of
exemption and immunity from local jurisdiction is
enjoyed by the following:
• Foreign sovereigns and foreign states,
• Foreign public ships,
• Foreign armed forces,
• International organizations,
• Diplomatic representatives and consuls of
foreign states.
20.Soru
Which one of the following acts is not among the international crimes?
aircraft hijacking |
trafficking in women and children |
counterfeiting of currency |
drug addiction and sale |
kidnapping of diplomats |
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
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