Publıc Internatıonal Law I Final 6. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the following terms refers to attaining nationality by descent from parents?
Jus sanguinis |
Jus soli |
Associé |
Siege social |
Ad hoc |
The two most common ways of attaining nationality are:
-
by descent from parents (jus sanguinis),
-
by birth in the territory of the state (jus soli).
2.Soru
Which of the followings is the principle stating that "a treaty does not create either obligations or rights for a third state without its consent"?
Pacta tertiis nec nocent nec prosunt. |
Ignorantia legis neminem excusat. |
Ne bis in idem. |
Mutatis mutandis. |
Res ipsa loquitur. |
Pacta tertiis nec nocent nec prosunt: A treaty does not create either obligations or rights for a third state without its consent (Oxford Reference). Therefore, the correct option is A.
3.Soru
State immunity is limited to all acts in the
nature of …?
acta jure imperii |
acta jure gestionis |
commercial trading |
private activities of the people |
trading contracts |
acta jure imperii
4.Soru
In which case was Albania held responsible under international law for the explosions which occurred in Albanian waters, and for the damage and loss of human life which resulted there from?
Corfu Channel Case |
The Factory at Charzow Case |
Spanish Zone of Morocco Claims |
Rainbow Warrior Case |
Phosphates in Morocco Case |
In the Corfu Channel case (Merits) (1949), the International Court of Justice (ICJ) held that Albania “is responsible under international law for the explosions which occurred in Albanian waters, and for the damage and loss of human life which resulted there from.”
5.Soru
When was Magna Carta, the first reference of personal liberties, declared?
1210 |
1215 |
1445 |
1325 |
1260 |
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
6.Soru
Which of the following is NOT among the factors that have established the international responsibility of individuals for their criminal acts?
The establishment of the International Criminal Tribunal for Yugoslavia |
The Special Court for Sierra Leone |
The establishment of International Criminal Court |
The establishment of the International Criminal Tribunal for Rwanda |
The Spanish Zone of Morocco Claims |
Since the end of the Second World War, international responsibility of individuals in the criminal field has witnessed remarkable development. The Nuremberg and Tokyo trials, the establishment of the International Criminal Tribunals for Yugoslavia (1993) and Rwanda (1994), the Special Court for Sierra Leone (2002), and the establishment of International Criminal Court (2002) have established the responsibility of individuals for their criminal acts. The Spanish Zone of Morocco Claims is not one of these factors.
7.Soru
Which of the following does NOT characterize terrorism as an international crime?
The act must not be confined to the territory of one state |
The act must constitute a criminal offence under most national legal systems |
The act must be motivated by political, religious, or otherwise ideological reasons |
The act must be aimed at compelling a state, an international organization, to abstain from doing any act |
The act must have private motives |
The act must have private motives
8.Soru
What is the number of judges to reside in International Criminal Court in Convention for the Creation of an International Criminal Court in 1937?
3 |
5 |
7 |
9 |
11 |
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. The Convention failed to come into force due to lack of ratifications. Therefore, the attempt to establish the Court also failed. Therefore, the correct option is B.
9.Soru
Which term is used to describe offences that are "wrong against the Law of Nations"?
Extradition |
Jus cogens |
Delicts jure gentium |
In absentia |
Aut punire, aut dedere |
Delicts jure gentium means "wrong against the Law of
Nations."
10.Soru
What is the name of the multilateral agreement condemning war which grew out of a proposal by the French Premier, to the US government for a treaty outlawing war between the two countries?
International Criminal Court |
Rome Statute |
Human Rights |
The Kellogg-Briand Pact |
Law of Nations |
The Kellogg-Briand Pact: A multilateral agreement condemning war. It grew out of a proposal by the French Premier, Aristide Briand, to the US government for a treaty outlawing war between the two countries.
11.Soru
I. Territorial principle
II. Nationality principle
III. Universality principle
IV. Conflict of jurisdiction
Which of the ones listed above are among the general principles on the basis of which states generally claim criminal jurisdiction?
I & II. |
Only I. |
II & III. |
I, II & III. |
II, III & IV. |
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 D.
12.Soru
What does "Ex proprio vigore" mean?
Hear the other side |
Not compulsory |
Where there is society, there is law |
Without a strong coercive mechanism |
By their or its own force |
Ex proprio vigore: By their or its own force.
13.Soru
Which of the followings refers to a person who, under the law of a particular state, is not a citizen of that state?
Alien. |
Forum. |
Extradition. |
Juristic person |
Delicts jure gentium. |
Alien: A person who, under the law of a particular state, is not a citizen of that state. Therefore, the correct option is A.
14.Soru
"There is a conduct consisting of an action or omission which is attributable to the State under international law and constitutes a breach of an international obligation of the State."
Which of the followings best describes the situations explained above?
Jus cogens. |
Internationally wrongful act. |
Force majeure. |
Absolute. |
State responsibility. |
The international responsibility of a State results from an omission or commission of an internationally wrongful act. An internationally wrongful act of a state presupposes that there is a conduct consisting of an action or omission which (a) is attributable to the State under international law and (b) constitutes a breach of an international obligation of the State. Therefore, the correct option is B.
15.Soru
Which of the following statements is true regarding the Marxist approach?
Concepts such as justice, democracy and freedom are historical categories whose contents are determined by the material conditions social circumstances of people. |
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. |
Marxist approach does not answer the logical question of how a normative conclusion about rights can be derived empirically from factual premises such as having interests. |
Marxist approach has an inclination to treat the particular person in isolation from the society in which he/she is a part. |
According to Marxist approach the individual has no status in international law. |
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 people. As the conditions of life change, so the content of notions and ideas may change
16.Soru
When does the concept of human rights date back to ?
antiquity |
1215 |
1776 |
1789 |
post 1945s |
The concept of human rights dates back to antiquity.
17.Soru
Which of the following happens when a state exercises its jurisdiction beyond its territory?
Substantial connection |
Conflict of jurisdiction |
Criminal jurisdiction |
Extraordinary jurisdiction |
Extraterritorial jurisdiction |
As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on
the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.
18.Soru
Which of the following is treatment equal to that given by the concerned state to its
own nationals must be accorded to aliens?
National treatment |
International minimum standard |
Peremptory norm |
Cessation |
Status quo ante |
National treatment, that is, treatment equal to that given by the concerned state to its
own nationals must be accorded to aliens.
19.Soru
Which of the followings refers to the situation where a state exercises its jurisdiction beyond its territory?
Ultra vires. |
Nationality principle. |
Extra-territorial jurisdiction. |
Conflict of jurisdiction. |
Exclusive jurisdiction. |
As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction. Therefore, the correct option is C.
20.Soru
I. International organizations
II. Foreign armed forces
III. Diplomatic representatives
IV. Local public ships
Under international law, which of the onses stated above enjoy certain degree of exemption and immunity from local jurisdiction?
I & II. |
I, II & III. |
I, II & IV. |
II & IV. |
I & 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.
Therefore, the correct option is B.
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