PUBLIC INTERNATIONAL LAW I Dersi Subjects Of International Law soru cevapları:

Toplam 21 Soru & Cevap
PAYLAŞ:

#1

SORU:

What does the term subjects of international law mean?


CEVAP:

The term “subjects of international law” means: (a) an incumbent of rights and duties under international law; (b) the holder of procedural privilege of prosecuting a claim before an international tribunal; (c) the possessor of interests for which provision is made by international law; and (d) the capacity to conclude treaties with states and international organizations.


#2

SORU:

According to the Montevideo Convention, what are the qualifications that the state as a person of international law should possess?


CEVAP:

a) permanent population,

b) defined territory,

c) a government,

d) capacity to enter into relations with other States


#3

SORU:

What is a dependent state?


CEVAP:

A state that is subject to the authority of one or more states is known as “dependent state.”


#4

SORU:

What is a puppet state? Try to give an example.


CEVAP:

When the extent of factual dependency of one state upon another is so great, it is called a “puppet state.” In the case of a puppet state, the state would not be meeting the requirement of independence, which is necessary for Statehood. One of the notorious examples of a ‘puppet’ state was the Chinese province of Manchuria, conquered by Japan in 1931.


#5

SORU:

What are some examples of non-self-governing territories?


CEVAP:

Examples of non-self-governing territories are colonies, protectorates, trusteeship and mandate territories.


#6

SORU:

What is a protectorate?


CEVAP:

A protectorate is always the creation of a treaty. It involves a certain measure of control, and a total or partial loss of sovereignty. In many cases, it has involved the loss of control of foreign relations and the disappearance of the protected state from the community of nations


#7

SORU:

What were the three categories of mandates that were devised for the "Axis" states of Germany and the Ottoman Empire?


CEVAP:

Class A comprised territories that were formerly part of the Ottoman Empire and were sufficiently advanced for their independence to be “provisionally recognized.”

Class B 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.


#8

SORU:

What is the first example of an international organization and when was it created?


CEVAP:

The first example of an international organization is the Central Commission for Navigation on the Rhine (CCNR), which was created in 1815 by the Congress of Vienna.


#9

SORU:

What are examples of universal and regional organizations?


CEVAP:

Examples of universal organizations: the UN, the ILO, WHO

Examples of regional organizations: the European Union, the African Union, NAFTA, EURATOM.


#10

SORU:

What is piracy (piracy cure gentium) within the context of international law?


CEVAP:

Any illegal act of violence, detention, or robbery committed on a private ship for personal gain or revenge, against another ship, people, or property on the high seas. Piracy may also be committed on or against an aircraft.


#11

SORU:

How does the Institute of International Law define recognition?


CEVAP:

The Institute of International Law defines recognition as follows:

“The recognition of a new State is the free act by which one or more States acknowledge the existence on a definite territory of a human society politically organized, independent of any other existing State, capable of observing the obligations of international law, and by which they manifest therefore their intention to consider it a member of the international community.”


#12

SORU:

What are the criteria for the recognition of a new entity or government?


CEVAP:

There is no criterion for the recognition of a government. The only criterion is that in the opinion of the recognizing state the recognized government is willing to fulfil its international obligations and capable of representing the state, i.e., it commands the general support of the population. In other words, the government should have actual control over the state apparatus and have sufficient degree of stability. When a new state comes into existence, its recognition also covers the recognition of its government.


#13

SORU:

What are the modes of recognition?


CEVAP:

In the practice of states, recognition may be express or implied.


#14

SORU:

What is express recognition?


CEVAP:

A state may convey its decision of recognition to the new entity or government through a formal announcement, which may take the form of public statement or notification or diplomatic note or a personal message sent to the new entity. This is known as express recognition.


#15

SORU:

What is implied recognition?


CEVAP:

Recognition may be inferred from the conduct of the parties involved. The act must clearly indicate that a recognizing state has a clear and inescapable intention to recognize. The intention, then, is the crucial aspect of recognition. Usually, acts indicating the intention may be bilateral or multilateral. Bilateral acts may be in the form of concluding or signing a treaty with a new entity. Multilateral acts may be through common participation in a multilateral treaty or an international conference along with the unrecognized entity.


#16

SORU:

What are the theories of recognition?


CEVAP:

There are two principal theories about the nature and actual import of recognition:

  • Constitutive theory,
  • Declaratory (evidentiary) theory

#17

SORU:

What is collective recognition?


CEVAP:

It is the recognition of a new entity by states through some collective international act or through the medium of an international institution.


#18

SORU:

What is meant by conditional recognition?


CEVAP:

Conditional recognition implies that recognition is granted upon the fulfilment of certain stipulations in addition to the normal requirements by the recognized entity.


#19

SORU:

What are the legal effects of recognition?


CEVAP:

The act of recognition creates two-fold effects:political and legal.

  • confers on the new State or re´gime a status under international law and municipal law;
  • indicates the willingness of the recognizing state to initiate international relations with the recognized entity;
  • provides an evidence of the Statehood of the new entity, i.e., the new entity fulfils all the required conditions of Statehood;
  • recognized state becomes entitled to all the privileges of membership of the society of states;
  • recognizing state entitles the new entity to conclude treaties and establish diplomatic relations with other nations;
  • recognizing state bestows upon the new entity or re´gime certain rights and privileges as a sovereign state under its municipal law

#20

SORU:

What is the doctrine of non-recognition?


CEVAP:

The doctrine of non-recognition, commonly called the Stimson Doctrine of non-recognition, implies the withholding of recognition from new territorial titles or territorial changes brought out by use of force or through any other act of doubtful character. The idea behind the doctrine is not to reward a state for its unlawful acts.


#21

SORU:

What is meant by de jure and  de facto recognition?


CEVAP:
  • In case of de jure recognition, in the opinion of the recognizing state, the new state or government fulfils all the attributes essential for its effective participation in the international community, and it may grant the recognition to the latter formally.

  • Under de facto recognition, in the opinion of the recognizing state, the new state or government: (i) lacks stability and permanency, or (ii) does not possess all the essentials required under international law for its effective participation in international affairs, but, in fact, it fulfils these requirements. It may grant recognition to the latter provisionally with all due reservations for the future.