Publıc Internatıonal Law I Final 18. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the following the organs of The International Criminal Court (ICC) is responsible for the proper administration of the Court?
The Presidency. |
An Appeals Division, a Trial Division, and a Pre-Trial Division. |
The Judges. |
The Office of the Prosecutor. |
The Registry. |
The President, together with the First and Second Vice-Presidents, constitute the Presidency, which shall be responsible for: (a) the proper administration of the Court, with the exception of the Office of the Prosecutor; and (b) the other functions conferred upon it in accordance with this Statute.
2.Soru
I. Equally applicable to all,
II. Inalienable,
III. Inherent in all human beings.
In which of the respects listed above do human rights differ from other rights?
I & II. |
I & III. |
I, II & III. |
Only III. |
Only I. |
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.
Therefore, the correct option is C.
3.Soru
What means the principle enshrined in Article 1.
Basic issues of responsibility and remedies is available for breach of primary rules of international law. |
The Principle enshrined in Article 1 spells out a rule of customary international law. |
Draft also does not deal with the responsibility of international organizations. |
Draft also does not deal with other non-state entities. |
it unlawfully employs armed force against another state. |
Article 1 of the Draft Articles reads that “every internationally wrongful act of a State entails the international responsibility of that State.” The Principle enshrined in Article 1 spells out a rule of customary international law.
4.Soru
I. Surveilling the clendestine military operations of the receiving state
II. Negotiating with the government of the receiving state
III. Protecting the interests of the sending state and its nationals
IV. Reporting about the conditions of the receiving state
Under customary international law, which of the ones listed above is among the functions of diplomatic missions to perform?
I & II. |
I, II & III. |
II & IV. |
II, III & IV. |
III & IV. |
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.
Therefore, the correct option is D.
5.Soru
Which of the following approaches argues that concepts such as law, justice, morality, democracy, and freedom are considered historical categories whose contents are determined by the material conditions?
Modern Approach. |
Positivism. |
Natural Law Theory. |
Marxist Approach. |
Sociological Approach. |
Marx regarded the natural law approach to human rights as idealistic and ahistorical. He saw nothing natural or inalienable about human rights. Concepts such as law, justice, morality, democracy, and freedom are considered historical categories whose contents are determined by the material conditions of and the social circumstances of a people. As the conditions of life change, so the content of notions and ideas may change”. While the focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society, conceiving human rights chiefly in a materialistic frame has been one of its significant weaknesses. Therefore, the correct option is D.
6.Soru
"A State may be responsible for the conduct which
is clearly in excess of authority if the official has
used his/her official position."
In which case were the acts found attributable to the state?
Gustave Caire v. United Mexican States |
Military and Paramilitary Activities in and against Nicaragua |
United States Diplomatic and Consular Staff in Tehran |
The Factory at Charzow |
Phosphates in Morocco |
A State may be responsible for the conduct which
is clearly in excess of authority if the official has
used his/her official position. The Gustave Caire
v. United Mexican States case (Caire case, 1929)
concerned the murder of a French national by two
Mexican officers. The Claims Commission held that
the ultra vires acts of officials were attributable to the
state and stated that “the two officers, even if they
are deemed to have acted outside their competence,
acted under cover of their status as officers and used
means placed at their disposal on account of that
status.” They must have acted in all appearance as
competent officials or organs, as they must have
used powers or methods appropriate to their official
capacity
7.Soru
I. They created general obligations to respect fundamental human rights.
II. They were limited in their objectives.
III.They were related to certain minorities.
IV. They were not extended to the rights of the individual.
Which of the statements given above are true about the Covenant of the League of Nations?
I and II |
I, II and III |
II, III and IV |
III and IV |
II and IV |
II. They were limited in their objectives.
III.They were related to certain minorities.
IV. They were not extended to the rights of the individual.
8.Soru
I. Aircraft hijacking
II. Unlawful acts against the safety of civil aviation
III. Trafficking in women and children
IV. ID fraught
Which of the above are among the acts that are considered international crimes?
I and II |
II and III |
III and IV |
I, II and III |
II, III and IV |
I. Aircraft hijacking
II. Unlawful acts against the safety of civil aviation
III. Trafficking in women and children
IV. ID fraught
9.Soru
After which of the followings was the constitution of international military tribunals heralded?
First World War. |
Second World War. |
Gulf War. |
Fall of Berlin Wall. |
Korean War. |
The end of the Second World War heralded the constitution of international military tribunals to try war-related crimes. With the end of the Cold War in the early 1990s, the world also witnessed the establishment of international criminal tribunals that would deal with crimes resulted mainly from internal armed conflicts. Therefore, the correct option is B.
10.Soru
Which one of the following is not the obvious reason to exercise the territorial jurisdiction in the criminal cases?
The State where the crime is committed has the |
The local forum is the most convenient to try |
The local forum is more efficient than others |
The offender is most likely to be found there |
To avoid the element of double jeopardy |
The local forum is more efficient than others
11.Soru
Which of the following terms involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act.
Satisfaction |
Cessation |
Non-repetition |
Treatment |
Restitution |
Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act.
12.Soru
Under which approach is the source of human rights to be found only in the enactments of law with sanctions attached to it?
Positivism |
Natural Law Theory |
The Marxist Approach |
The Sociological Approach |
The Modern Approach |
Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it.
13.Soru
Which of the following is NOT one of the manners in which a diplomatic mission may come to an end?
Notification |
Recall of the envoy |
Persona non grata |
Exequatur |
Armed conflict |
The diplomatic mission may come to an end in the following manners:
- Recall of the envoy
- Notification
- Persona non grata
- Armed conflict
- The object and the stipulated time of the mission
14.Soru
What does “De lege ferenda” means?
De lege ferenda means “the law as it exists” used in the sense of “what the law is” or ought to be today. |
De lege ferenda means “the law as it exists” used in the sense of “what the law should be” or ought to be in future. |
De lege ferenda means “future law” used in the sense of “what the law should be” or ought to be in future. |
De lege ferenda means “future ideal law” used in the sense of “what the ideal law should be” or ought to be in future. |
De lege ferenda means “the law deferred”. |
Equity and ‘Ex aequo et bono’
De lege ferenda means “future law” used in the sense of “what the law should be” or ought to be in future. Lex lata means “the law as it exists” (Oxford Index).
15.Soru
Which of the following is the surrender by one state to another of a person accused of committing an offence in the latter?
Aut punire |
Alien |
In absentia |
Extradition |
Delicts jure gentium |
extradition. The surrender by one state to another of a person accused of committing an offence in the latter (Martin, 2003: 194).
16.Soru
Which of the following is one of the subsidiary sources of international law?
Juristic work on international law |
Treaties signed by a county |
Customs of antiquity |
Customs of uniformity |
General principles of law |
Whereas treaties, custom, and general principles of law are the main sources ofinternational law, judicial decisions and juristic
work on international law fall into the category of subsidiary sources. Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.
17.Soru
"It considers a public vessel as a part of the territory of the flag state and subject to its jurisdiction only."
Which of the following is the correct definition of the term above?
Foreign Sovereign Immunities Act |
European Convention of State Immunity |
Convention on Jurisdictional Immunities of States and Their Property |
Floating Island Theory |
Implied Waiver |
The inviolability of public ships is based on the floating island theory, which considers a public vessel as a part of the territory of the flag state and subject to its jurisdiction only. However, the immunities of public ships are conditional; if there are serious breaches of the local law or if the flag state waives the immunities, the territorial state can exercise the jurisdiction. The correct answer is D.
18.Soru
Which of the following is part of the third generation of human rights?
Civil rights. |
Political rights. |
Economic rights. |
Self-determination rights. |
Cultural rights. |
Scholars started classifying human rights under “three generations.” The first generation consists of civil and political rights. The second generation consists of economic, social and cultural rights. The emphasis in both has been on the individual’s rights. t. However, in the 1970s, a “third generation” rights emerged. 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.
19.Soru
Which crime is NOT dealt on the principle of "aut punire, aut dedere"?
Genocide |
Drug trafficking |
Slave trade |
Counterfeiting of currency |
Hijacking |
A number of treaties incorporate the universality principle in a limited way regarding such issues as genocide, drug trafficking, trafficking in women and children, counterfeiting of currency, taking of hostages, torture, apartheid, attacks on diplomats, and hijacking. However, contrary to their being delicts jure gentium (which can be tried by all States), these crimes are dealt on the principle of aut punire, aut dedere. Accordingly, offenders are either to be punished by the state where they are found or to be surrendered to the state, which is competent and willing to exercise jurisdiction over them. However, slave trade is treated as "delicts jure gentium," and prosecuted on the basis of the universality principle. The correct answer is C.
20.Soru
I. Foreign sovereigns and foreign states
II. Foreign public ships,
III. Foreign armed forces.
Which of the above benefits from the exemption and immunity from local jurisdiction?
Only I |
Only II |
I and II |
II and III |
I, II and III |
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.
As a result, all of the statements are correct. The correct option is E.
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