Publıc Internatıonal Law I Final 8. Deneme Sınavı
Toplam 20 Soru1.Soru
It is known that there were three categories of mandates (Class A, B and C). Which of the given is TRUE about class C?
Class C comprised territories that were formerly part of the Ottoman Empire |
Class C mandates were the least-developed. |
Class C was subject to the administrative advice and assistance of the mandatory. |
Class C consisted mainly of territories of Central Africa that were still in the process of economic and political development. |
The Mandatory was responsible for their administration, subject to a variety of guarantees and was under the obligation to allow trading opportunities to other League members. |
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 correct answer is B.
2.Soru
In which case was Iran hold to have breached its obligation to protect the embassy and consular premises and personnel, even prior to its adoption of the acts of the occupying students?
In the Hostages case |
In the Corfu Channel case |
In the Gabcikovo-Nagymaros Project case |
In the Case of De Becker v. Belgium |
In the LaGrand case |
In the Hostages case (1980), Iran was held to have breached its obligation to protect the embassy and consular premises and personnel, even prior to its adoption of the acts of the occupying students.
3.Soru
A state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory.
Which of the followings is the principle described above?
Subjective territorial principle. |
Passive nationality principle. |
Active nationality principle. |
Universality 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. Therefore, the correct option is C.
4.Soru
I. The state where the crime is committed generally has the strongest interest in punishing the criminal,
II. The local forum is the most convenient one, since the witnesses and other facilities are most probably available there,
III. The offender is most likely to be found there.
Which of the above are correct regarding the reasons for the exercise of territorial jurisdiction?
Only I |
Only II |
I and II |
I and III |
I, II and III |
The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that:
1. The state where the crime is committed generally has the strongest interest in punishing the criminal;
2. The local forum is the most convenient one, since the witnesses and other facilities are most probably available there;
3. The offender is most likely to be found there,
4. To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time.
As a result, all of the statements are correct. The correct option is E.
5.Soru
Which one of the following was not among the counts of offences in The Nuremberg and Tokyo International Military Tribunals?
Kidnapping of diplomats |
Crimes against peace |
War crimes |
Crimes against humanity |
Conspiracy |
The Charter of these tribunals had four countsbof offences:
• 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 France, Belgium and Poland, and the 1928 Kellogg-Briand Pact.
• 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.
6.Soru
What are the certain characteristics for an entity to be considered as a state? I. territory II. population III. government IV. sovereignty
Only I |
I and II |
I, II and III |
II, III and IV |
I, II, III and IV |
An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty.
7.Soru
Which of the following is true for international law?
They are confined to European States. |
Variations existed even in ancient times. |
The present corpus of international law is global. |
African states claim to have founded these rules. |
The contemporary term for international law is the law of nations. |
European States claim to have laid the foundations of the practices and rules to regulate these relations. The body of rules that governed their relations were named the law of nations and subsequently also known as international law. It has also been termed as transnational law. These rules, however, were not confined to European States only. Even in ancient Mesopotamia, Egypt, and ancient India the rulers followed certain well-accepted rules in their mutual relations such as the inviolability of the messengers of another state and rules of warfare. However, the present corpus of international law is primarily Euro-centric.
8.Soru
What is the name of the certificate issued by a host state that admits and accords recognition to the official status of a consul, authorizing him to carry out consular functions in that country?
Ultra vires |
Acta jure imperii |
Exequatur |
Letter of credence |
Acta jure gestionis |
exequatur: A certificate issued by a host state that admits and accords recognition to the official status of a consul, authorizing him to carry out consular functions in that country. The sending state grants the consular official a commission or patent, which authorizes the consul to represent his state’s interests within the host state
9.Soru
International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. Which of the followings describes this situation?
Territorial principle. |
Extraterritorial jurisdiction. |
Civil Jurisdiction. |
Conflict of jurisdiction. |
Criminal 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 B.
10.Soru
Which option is true for state responsibility? I. State responsibility is based upon delict in the municipal sense. II. State responsibility arises for the breach of any obligation owed by a state under international law. III. State responsibility has been debated by many scholars with regard to the treatment of aliens.
Only I |
Only III |
I and II |
II and III |
I, II and III |
-State responsibility is not based upon delict (wrong or misdemeanor) in the
municipal sense.
-In the matter of primary rules, state responsibility arises for the breach of any obligation owed by a state under international law.
-State responsibility, however, has also been debated by many scholars with regard to the treatment of aliens.
11.Soru
Which of the following is NOT established by the Draft Articles with respect to state responsibility?
conditions for an act to qualify as internationally wrongful |
general defenses to liability |
responsibilities of international organizations |
the consequences of liability |
admissibility of claims |
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, and
- admissibility of claims.
12.Soru
Which criminal jurisdiction 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?
The internationality principle |
The nationality principle |
The protective principle |
The locality principle |
The universality principle |
The state practice discloses four general principles on the basis of which states generally claim criminal 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. The correct answer is B.
13.Soru
Which of the following is the representatives of their state in a foreign country?
Consuls |
Criminal matters |
Consular premises |
Special missions |
Waiver of consular immunities |
Consuls are the representatives of their state in a foreign country.
14.Soru
How many judges does the International Criminal Court consist of?
8 |
10 |
15 |
18 |
25 |
The ICC consists of 18 judges.
15.Soru
Which of the followings refers to an action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused?
Mens rea. |
Actus reus. |
Ratione personae. |
Rome statute. |
Ultra vires. |
actus reus (guilty act): action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused. Therefore, the correct option is B
16.Soru
Which one of the following circumstances precluding wrongfulness is referred if the author of the act had “no other reasonable way of saving the author’s life or the lives of other persons entrusted to the author’s care?
Necessity |
Distress |
Force majeure |
Countermeasures |
Self-defense |
Distress operates to excuse the wrongfulness of an act if the author of the act had “no other reasonable way, in a situation of distress, of saving the author’s life or the lives of other persons entrusted to the author’s care” (Art. 24). The wrongfulness of the conduct is precluded in circumstances where the state agent had no other reasonable way of saving life.
17.Soru
Which of the followings refers to an entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties?
Alien. |
Forum. |
Extradition. |
Juristic person. |
Delicts jure gentium. |
Juristic person (artificial person). An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person. Therefore, the correct option is D.
18.Soru
The legislative, administrative, and executive acts of the foreign state and its agents cannot be called into question by the territorial state.
What is the concept defined above?
Persona Nan Grata |
Jurisdictional Immunity |
Representative Character |
Functional Necessity Theory |
State Immunity |
The person of a sovereign is exempt from arrest or detention within a foreign territory. This exemption extends to the foreign troops (under license), the diplomatic agents, and other representatives of the foreign sovereign. The legislative, administrative, and executive acts of the foreign state and its agents cannot be called into question by the territorial state. The exemption also extends to property within the territory of the state of the forum. State immunity and sovereign immunity, are often times used interchangeably.
19.Soru
The principle of complementarity implies that:
To initiate an investigation, the Prosecutor must have a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed. |
The Prosecutor shall not initiate an investigation unless there are substantial reasons to believe that an investigation would serve the interests of justice while also “taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator”. |
The International Crime Court can exercise the jurisdiction falling within the scope of the Statute only when the situation has been referred to the Prosecutor by a State party to the Statute. |
The International Crime Court has jurisdiction only with respect to crimes committed after the entry into force of the Rome Statute, i.e., on or after July 1, 2002. |
The International Criminal Court will only prosecute an individual if states are unwilling or unable to prosecute. |
The important aspect in the exercise of jurisdiction by the ICC is that it is complementary to the national criminal justice systems. The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute. The ICC does not replace the national courts. On the contrary, national courts enjoy priority over the ICC.
20.Soru
Which of the following is not one of the principal bodies of the Council of Europe?
The Committee of Ministers. |
The European Court on Human and Peoples’ Rights. |
The Parliamentary Assembly. |
The Congress of Local and Regional Authorities of Europe. |
The Secretariat. |
The Council of Europe is composed of four principal bodies: the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe, and the Secretariat. The Committee of Ministers is composed of the foreign ministers of all Council members. The Parliamentary Assembly is a deliberative body composed of members of the national parliaments of each member state. The Congress of Local and
Regional Authorities of Europe is a consultative body that represents local and regional governments within the Council. The Secretariat serves the main organizations within the Council.
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