Publıc Internatıonal Law I Final 22. Deneme Sınavı
Toplam 20 Soru1.Soru
Which one of the following terms refers to the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused?
actus reus |
mens rea |
piracy |
counterfeiting |
trafficking |
mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused
2.Soru
Under which of the following principles, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory?
Passive Nationality Principle |
Active Nationality Principle |
Subjective Territorial Principle |
Objective Territorial Principle |
Universality Principle |
Active Nationality Principle: Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory.
3.Soru
Which territory is not considered in Class C?
Nauru |
New Guinea |
South-West Africa |
Palestine |
Western Samoa |
-Class A comprised territories that were formerly part of the Ottoman Empire and were sufficiently advanced for their independence to be “provisionally recognized.” It was subject to the administrative advice and assistance of the Mandatory, “until such time as they were able to stand alone.” Except Iraq (Mandatory—Great Britain), which achieved early independence, all the territories under this category—Palestine and Transjordan (Mandatory—Great Britain), Syria and Lebanon (Mandatory—France) became independent only after the Second World War.
-Class C mandates were the least-developed. Because of their sparse population or small size, or remoteness from the centers of civilization, or their geographical continuity to the territory of the Mandatory, they were administered under the laws of the Mandatory as integral portions of its territory. The territories concerned were: Nauru (Mandatory powers were Great Britain, Australia, and New Zealand), New Guinea (Mandatory—Australia), Western Samoa (Mandatory—New Zealand), Pacific Islands north of the Equator (Mandatory— Japan), South-West Africa (Mandatory—South Africa).
4.Soru
Which of the followings focuses on the moral worth of the individual in terms of human rights?
Natural Law Theory. |
Positivism. |
The Marxist Approach. |
The Sociological Approach. |
The Modern Approach. |
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. Therefore, the correct option is A.
5.Soru
- Foreign sovereigns and foreign states
- Foreign armed forces
- International organizations
- Diplomatic representatives and consuls of foreign states
Under international law, which of the above enjoys a certain degree of exemption and immunity from local jurisdiction?
I, II and III |
I, III and IV |
II, III and IV |
I, II and IV |
I, II, III and IV |
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.
6.Soru
Which of the following one is described as 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?
Ultra vires |
Forum |
Jurisdiction |
Protective principle |
Universality principle |
Ultra vires is described as 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.
7.Soru
Which of the following is the first critical instrument of United Nations?
Virginia Declaration of Rights |
Bill of Rights |
Declaration of the Rights of Man and of the Citizen |
Universal Declaration of Human Rights |
European Convention of Human 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.
8.Soru
Which of the following is NOT one of the classes which the convention divides the consuls into?
Consuls-general |
Consular premises |
Consuls |
Vice-consuls |
Consular agents |
The Convention divides the consuls into four classes (Art. 9): a. Consuls-general, b. Consuls, c. Vice-consuls, d. Consular agents.
9.Soru
In terms of criminal jurisdiction, which of the below refers to jurisdiction according to the national interest of the state injured by the offence?
Territorial principle |
Nationality principle |
Protective principle |
Universality principle |
Conflict of jurisdiction |
the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.
10.Soru
In which court case The Claims Commission held that the ultra vires acts of officials were attributable to the
state?
The Gustave Caire v. United Mexican States case |
The United States Diplomatic and Consular Staff in Tehran case |
The Prosecutor v. Tadic case |
The Military and Paramilitary Activities in and against Nicaragua case |
The Hostages case |
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 (5 UNRIAA 516).
11.Soru
To whom do the main duties deriving from human rights fall on?
To individuals |
To the states |
To United Nations |
To the international communitiy |
To international Human Rights Courts |
Human rights law imposes a responsibility on the state to respect and protect these rights and,the main duties deriving from human
rights fall on states and their authorities or agents, not on individuals.
12.Soru
Which one of the below is NOT a principle for the basis of jurisdictional immunity?
An equal has no authority over an equal. |
The accepted rules of mutual conduct as between states |
The matters related to the acts, policy and transactions of a foreign state should not stand to scrutiny by the territorial state |
Implied grant of license to a foreign sovereign or state to visit or function within its territory |
The property of a foreign sovereign shall be immune from attachment and execution |
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.
"The customary international law rule that the
property of a foreign sovereign shall be immune
from attachment and execution, unless this
immunity has been waived by the foreign sovereign
expressly or impliedly." is a statement incorporated in Section 1609 of the 1976 Foreign Sovereign Immunities Act of the United States.
13.Soru
What is a `forum`?
The place or country where a case is being heard |
A group of selected people in an international case |
Two judges assigned from two different states |
The evaluation of a new international case by experts |
The set of rules followed in an international case |
Forum [from Latin: public place]. The place or
country in which a case is being heard (Martin,
2003: 210).
14.Soru
Which of the following 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?
Nationality principle |
Territorial principle |
Protective principle |
Universality principle |
Conflict of jurisdiction |
The nationality principle, 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.
15.Soru
Which of the followings refers to a state's jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory?
Subjective territorial principle. |
Active nationality principle. |
Protective principle. |
Passive nationality principle. |
Objective territorial principle. |
Active Nationality Principle: Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory. A state may exercise civil or criminal jurisdiction over its nationals on the basis that the nationality is a mark of allegiance which the person, charged with the crime, owes to his state of nationality. Therefore, the correct option is B.
16.Soru
I. conditions for an act to qualify as internationally wrongful
II. general defenses to liability.
III. admissibility of claims.
Which of the above are among the responsibilities of the Draft?
Only I |
Only II |
I and II |
II and III |
I, II and III |
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,
- admissibility of claims.
As a result, all of the statements are true. The correct option is E.
17.Soru
Which of the following is NOT one of the differences between de facto and de jure?
While de jure recognition is conditional and temporary, de facto recognition is formal and final. |
The diplomatic relations can be established with de jure entities only, and the representatives of de jure recognized entities alone are entitled to full diplomatic immunities and privileges. |
Only a de jure recognized régime can claim to receive property located in the territory of the recognizing state. |
Only a de jure state or government is entitled to espouse the cause of its citizens and exercise diplomatic protection for their injuries caused by the recognizing state. |
If a sovereign state grants independence to its dependency or creates a separate state out of its territory, then the new state can be recognized de jure only. |
While de facto recognition is conditional and temporary, de jure recognition is formal and final. The correct answer is A.
18.Soru
Which one of the following approaches fails to explain how the rights are interrelated or what the priorities should be?
Natural Law Theory |
Positivism |
The Marxist Approach |
The Sociological Approach |
The Modern Approach |
the sociological approach fails to explain how the rights are interrelated or what
the priorities should be; “it does not answer the logical question of how a normative conclusion about rights can be derived empirically from factual
premises such as having interests”
19.Soru
The focal point of which approach is to recognize the contextuality of human rights in terms of the conditions of a society?
Natural Law Theory |
The Marxist Approach |
Positivism |
The Sociological Approach |
The Modern Approach |
The focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society.
20.Soru
The doctrine of "rebus sic stantibus" regarding termination and suspension of treaties implies that:
The operation of a treaty may be suspended for all the parties or for a particular party according to the express stipulations of the treaty or by mutual consent of all the parties at any time. |
Where a treaty is silent on the matter of termination, withdrawal or denunciation, normally no denunciation or withdrawal is possible. |
A treaty may be “impliedly repealed,” if all its parties conclude a new treaty relating to the samesubject matter, where it appears from the later treaty that the parties intended that the matter be governed by the new treaty, or its provisions are incompatible with the earlier treaty. |
Where a treaty is silent, a violation of a treaty by one party may give the right to other party to abrogate or suspend the performance of its obligations under the treaty. |
Treaties that are perpetual in nature and silent on the termination or withdrawal may be revoked because of vital changes in circumstances. |
Treaties that are perpetual in nature and silent on the termination or withdrawal may be revoked because of vital changes in circumstances. This is based on the principle, traditionally known as conventio omnis intelligitur rebus sic stantibus, that is, treaties are concluded under the tacit condition rebus sic stantibus (literally means “things remaining as they are”). The principle is an express or implied term in every treaty.
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