Publıc Internatıonal Law I Final 17. Deneme Sınavı
Toplam 20 Soru1.Soru
It precludes the wrongfulness of the conduct taken within the limits laid down by international law.
What's the name of the term described above?
Consent |
Self-Defense |
Countermeasures |
Distress |
Force Majeure |
Self-defense precludes the wrongfulness of the conduct taken within the limits laid down by international law. Article 21 of the Draft Articles states: “The wrongfulness of an act of a State is precluded if the act constitutes a lawful measure of self-defense taken in conformity with the Charter of the United Nations.” The correct answer is B.
2.Soru
I. Equally applicable to all
II. Inherent in all human beings by virtue of their being humans
III. The main duties deriving from human rights fall on individuals
IV. Fundamental and inalienable rights
Which of the statemets above are human rights characterized by?
I and II |
I, III and IV |
III and IV |
I, II, III and IV |
I, II and IV |
I. Equally applicable to all
II. Inherent in all human beings by virtue of their being humans
IV. Fundamental and inalienable rights
3.Soru
"Describing an act by a public authority, company, or other body that goes beyond the limits of the powers conferred on it."
What's the term described above?
Extra-territorial jurisdiction |
Forum |
Substantial connection |
Ultra vires |
Conflict of jurisdiction |
Describing an act by a public authority, company, or other body that goes beyond the limits of the powers conferred on it. Ultra vires acts are invalid. The ultra vires doctrine applies to all powers, whether created by statute or by a private document or agreement. The correct option is D.
4.Soru
Which one of the following terms refers to the act of abandoning or refraining from asserting a legal right?
acta jure gestionis |
acta jure imperii |
waiver |
aut punire, aut dedere |
in absentia |
waiver: 1. The act of abandoning or refraining from asserting a legal right. 2. The instrument that declares the act of waiving (Martin, 2003: 532).
5.Soru
I. The state where the crime is committed generally has the strongest interest in punishing the criminal
II. To practice the element of double jeopardy
III. The offender is most likely to be found there
Which of the ones stated above is among the reasons for the exercise of territorial jurisdiction particularly relating to criminal law?
Only I. |
I & III. |
Only II. |
I, II & III. |
Only III. |
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
Therefore, the correct option is B.
6.Soru
Which of the following terms refers to "action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused"?
Mens rea |
Actus reus |
Aggression |
Fatf |
Ultra vires |
Actus reus refers to the action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
7.Soru
"A formal document by which the head of an accredited state presents its newly appointed diplomatic agent to the head of state of the host country."
What is the term described above?
Agrement |
Letter of Credence |
Persona non grata |
Temporary envoy |
Plenipotentiary |
Letter of credence (lettre de créance): A formal document by which the head of an accredited state presents its newly appointed diplomatic agent to the head of state of the host country. The correct option is B.
8.Soru
Which document makes the earliest known reference to personal liberties in terms of human rights?
Universal Declaration of Human Rights |
Covenant of the League of Nations |
French Declaration of the Rights of Man and of the Citizen |
Virginia Declaration of Rights |
Magna Carta |
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.
9.Soru
Which of the following is NOT one of the four general principles on the basis of which states generally claim criminal jurisdiction?
Territorial principle |
Nationality principle |
Protective principle |
Universality principle |
Defensive principle |
The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, 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. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime (for example, piracy). Defensive principle is not one of these general principles.
10.Soru
Which of the followings refers to the jurisdiction over a crime when it is commenced within the state but completed or consummated abroad?
Exclusive jurisdiction. |
Passive nationality principle. |
Extradition. |
Subjective territorial principle. |
Objective territorial 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. The objective territorial principle applies in reverse order, i.e., when a crime commenced in another state but was completed or consummated within its territory. Therefore, the correct option is D.
11.Soru
In the absence of any provision in the constitution to the contrary, the treaty-making power resides in .... .
Which of the following options correctly completes the sentence above?
the Head of a State |
the Parliament |
the Government |
the Foreign Minister |
the Supreme Court |
In the absence of any provision in the constitution to the contrary, the treaty-making power resides in the Head of a State.
12.Soru
When was the Universal Declaration of Human Rights adopted?
24 October 1945 |
9 January 1946 |
10 December 1948 |
23 December 1954 |
30 June 2006 |
10 December 1948
13.Soru
According to the article 36 of the Rome Statute, what is the number of judges that International Criminal Court (ICC) consist of?
7. |
11. |
15. |
18. |
22. |
Article 36 of the Rome Statute outlines the qualifications and procedure of election of the judges of the Court. The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase. Therefore, the correct option is D.
14.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 |
Natural person |
Juristic person |
Artificial person |
Passive nationality |
Alien is defined as a person who, under the law of a particular
state, is not a citizen of that state
15.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 above is necessary for force majeure to be available?
Only I |
Only II |
I and II |
II and III |
I, II and III |
Force majeure as a defense is available only where the following three elements are met:
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.
Therefore, all the statements are true. The correct answer is E.
16.Soru
I. An individual can make the application directly to the Court
II. The Court adjudicates the contentious cases between the states on the unlawful use of force
III. The Court has advisory jurisdiction
IV. The final judgment of the Court is transmitted to the Committee of Ministers
Which ones of the above are true in relation to the European Court of Human
Rights?
I and II |
I, II and III |
I, II and IV |
II, III and IV |
II and IV |
I. An individual can make the application directly to the Court
II. The Court adjudicates the contentious cases between the states on the unlawful use of force
IV. The final judgment of the Court is transmitted to the Committee of Ministers
17.Soru
When did the UN General Assembly adopt the Draft Articles on Responsibility of States for Internationally Wrongful Acts?
1999 |
2000 |
2001 |
2002 |
2005 |
In 2001, the UN General Assembly adopted the Draft Articles on Responsibility of States for Internationally Wrongful Acts (the Draft Articles), prepared by the International Law Commission (ILC).
18.Soru
What are the elements of human rights?
It refers as a core element, sprit of common brotherhood. |
The core element of such rights is universal and consists of freedom, equality, and liberty |
Fundamental duties include preserve composite culture. |
The fundamental freedoms are the basic rights and natural rights. |
The fundamental freedoms refer us general principles, regional agreements and domestic law. |
The idea of basic rights originated from the need to protect the individual against the arbitrary use of state power. Human rights in this category are generally referred to as fundamental freedoms. The core element of such rights is universal and consists of freedom, equality, and liberty.
19.Soru
A state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.
Which of the followings is the principle described above?
Subjective territorial principle. |
Forum. |
Protective principle. |
Universality principle. |
Nationality 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. Therefore, the correct option is A.
20.Soru
I. Universality principle
II. Nationality principle
III. Territorial principle
IV. Protective principle
Which of the followings is among the general principles on the basis of which states generally claim criminal jurisdiction?
I, II, III & IV. |
I, II & III. |
I, II & IV. |
II, III & IV. |
II & III. |
In criminal matters also, the “substantial connection” between the alleged offender or the offence with the state exercising jurisdiction is necessary. The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, 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. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime (for example, piracy). Therefore, the correct option is A.
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