Publıc Internatıonal Law I (ENG) - Uluslararası İlişkiler (İngilizce)

Ünite 1

Soru 1

Which of the following jurists described international law as positive international morality, which consists of opinions or sentiments current among nations generally?

H.L.A. Hart

John Austin

Frederick Pollock

Cecil Hurst

L.F. L. Oppenheim

Açıklama:

-
Due to the inability of international law to satisfy this test, John Austin described international law as positive international morality, which consists of “opinions or sentiments current among nations generally.”

Doğru Cevap: B

Soru 2

Which of the following courts is the only international court that has the jurisdiction to adjudicate all kinds of inter-state disputes?

The International Court of Justice

The European Court of Human Rights

The UN Human Rights Council

The International Criminal Court

The Permanent Court of Arbitration

Açıklama:

The International Court of Justice (ICJ) is the only international court to adjudicate all kinds of inter-State disputes. However, it lacks universal compulsory jurisdiction for settling disputes.

Doğru Cevap: A

Soru 3

Which article of the UN Charter states that each member of the United Nations undertakes to comply with the decision of the Court in a case to which it is a party?

Article 1

Article 2/4

Article 51

Article 42

Article 94

Açıklama:

-
According to Article 59 of its Statute, decisions of the Court are binding upon the parties to the dispute and only in respect to that particular dispute. Under Article 94 of the UN Charter, each member of the United Nations undertakes to comply with the decision of the Court in a case to which it is a party. If the party fails to comply with the decision, the Security Council may give effect to the judgment against a recalcitrant State by making recommendations or deciding upon measures.

Doğru Cevap: E

Soru 4

Which of the following concepts refers to the unilateral measures adopted by a State in response to the breach of its rights by the wrongful act of another State?

Self-help

Defensive measures

Countermeasures

Preemptive defense

Security measures

Açıklama:

-
Countermeasures are unilateral measures adopted by a State (the ‘injured State’) in response to the breach of its rights by the wrongful act of another State (the ‘wrongdoing’ or ‘target’ State) that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State

Doğru Cevap: C

Soru 5

Which of the following initiated the process to outlaw war as a means to resolve interstate conflicts or disputes?

The League of Nations

The United Nations

The International Court of Justice

The Hague Conventions of 1899

The Kellogg-Briand Pact of 1928

Açıklama:

War and the use of force had historically constituted the legal means for enforcing international law and settling disputes between States. However, with the coming into force of the United Nations Charter, the use of force has been made illegal, with the exceptions to defeat armed aggression, to maintain or restore international peace, and to resort to the inherent right of individual or collective self-defense under Chapter VII of the Charter. The process to outlaw war was initiated by the Kellogg-Briand Pact of 1928, without, however, putting anything certain or definite in its place for the enforcement of international rights and obligations generally, or of international law as such.

Doğru Cevap: E

Soru 6

Which of the following members was expelled from the United Nations in September 1992 because of its continuing violation of the Charter principles?

The New Federation of Yugoslavia

Nicaragua

North Korea

Cuba

Iraq

Açıklama:

-
After the disintegration of the Socialist Federal Republic of Yugoslavia, the new federation of Yugoslavia, consisting of Serbia and Montenegro, was expelled from the United Nations in September 1992 because of its continuing violation of the Charter principles.

Doğru Cevap: A

Soru 7

Which of the following jurists secularized the concept of natural law while making a distinction between jus naturale and jus gentium?

Francisco de Vittoria

Francisco Suarez

Alberico Gentilis

Georg Jellinek

Hugo Grotius

Açıklama:

By the fifteenth and sixteenth centuries, when the modern international law started getting its form and content, the natural law had made heavy inroads and assumed strong ideological moorings. This can be clearly seen in the writings of Francisco de Vittoria (1480-1546), Francisco Suarez (1548-1617) and Alberico Gentilis (1552-1608). International law was binding on the States because it was part of the law of nature. However, it was Hugo Grotius (1583-1645) who secularized the concept of natural law while making a distinction between jus naturale and jus gentium. He based the law of nations on customs and treaties in addition to the law of nature. The law of nature, according to him, was the dictate of right and reason, not of divine prescriptions.

Doğru Cevap: E

Soru 8

Which of the following scholars of international law may be categorized as a Naturalist?

Samuel von Pufendorf

Cornelius van Bynkershoek

Christian Wolff

Emmerich de Vattel

Hans Kelsen

Açıklama:

After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632- 1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States.

Doğru Cevap: A

Soru 9

Which of the following does not point to one of the main reasons for the development of international law in the second half of the nineteenth century?

Emergence of powerful nation-States

Outbreak of global economic conflicts

Faster means of transportation

Destructive nature of warfare

Expansion of European civilization mainly through colonization

Açıklama:

There was a marked development of international law in the second half of the nineteenth century due to the emergence of powerful nation-States, the expansion of European civilization in other parts of the world mainly through colonization, new and faster means of transportation, and increasingly destructive nature of warfare. These developments impelled States to devise new rules of international law, particularly relating to the use of force and war, which had become a part of national policies.

Doğru Cevap: B

Soru 10

Which of the following jurists is a proponent of dualism, which is the theory that argues international law and municipal law represent two entirely distinct and self-contained legal systems?

Hans Kelsen

Hersch Lauterpacht

Heinrich Tripel

Gerald Fitzmaurice

Joseph Gabriel Starke

Açıklama:

There are two principal theories put forward by scholars on the relationship between international law and municipal law: monism and dualism.
According to monism, international law and municipal law are, in general, the components of one system of law.The main proponents of this theory are Hans Kelsen (1881-1973) and Hersch Lauterpacht (1897-1960). Gerald Fitzmaurice and Joseph Gabriel Starke are other prominent supporters of the approach.
On the other hand, according to dualism, they represent two entirely distinct and self-contained legal systems. The main proponents of this theory are Heinrich Tripel and Dionisio Anzilotti.

Doğru Cevap: C

Soru 11

I. Absence of an elected legislature
II. Absence of courts with compulsory jurisdiction
III. Absence of an independent dispute-settlement mechanism
IV. Absence of effective sanctions
Which of the above may be counted as reasons for classifying international law as weak law?

I and II

II and III

I, II and III

I, III and IV

I, II, III and IV

Açıklama:

International law has been termed as weak law despite many countries abide a broad range of international rules since there are multiple absent features including elected legislature, court with compulsory jurisdiction, independent dispute-settlement mechanism an effective sanctions.

Doğru Cevap: E

Soru 12

Which of the following concepts refer to unilateral measures adopted by a state in response to the breach of its rights by the wrongful act of another state?

Countermeasures

Self-help

Blocade

Positive law

Courtesy

Açıklama:

The term countermeasures imply the unilateral measures that are adopted by a state in response to the wrongful action of another state.

Doğru Cevap: A

Soru 13

Thanks to which of the following did modern international law become applicable to the non-European nations?

The establishment of the League of Nations in 1920

The establishment of the United Nations in 1945

The Kellogg-Briand Pact of 1928

The Vienna Convention on the law of treaties of 1969

The Rome Statute of the International Criminal Court of 1990

Açıklama:

The applicability of modern international law to non-European countries became possible after World War I with the League of Nations in 1920.

Doğru Cevap: A

Soru 14

Which of the following refers to the process of putting together the rules of law in an issue area in a systematic manner?

Codification

Trial

Arbitration

Jurisdiction

Modification

Açıklama:

The correct term for putting together the rules of law on a specific issue systematically is called codification. In terms of international law, the term is known as codification of international law.

Doğru Cevap: A

Soru 15

What is the correct term to describe a situation that occurs when a municipal law conflicts with international law and subjects search for an answer to the questions whether international law takes precedence over municipal law or not?

Arbitration

Primacy

Codification

Courtesy

Weak law

Açıklama:

The conflict between municipal law and international law causes a question of precedence to rise. In such situations, the real question becomes which of those laws to be considered primarily, hence the term primacy is the correct term that explains the issue.

Doğru Cevap: B

Soru 16

I. The juridical basis of international law is common will
II. The juridical basis of municipal law is state will
III. There can be certain fundamental principles of international law binding on states, against will
Which of the above statement(s) are true in terms of international law?

Only I

Only III

I and III

II and III

I, II and III

Açıklama:

The juridical basis of international law is common will because it requires regarding countries to come to an agreement whereas the same basis for municipal law is much different, it does not require any multinational agreement. Thus there can be a conflict between those two.

Doğru Cevap: E

Soru 17

What is the condition for international law to become supreme over municipal law?

The state being in breach of its international obligations

The state being in breach of basic human rights

The state taking action on international threats

The state using international fields of water and sky

The state establishing institutions that work internationally

Açıklama:

The condition required for international law to become supreme over municipal law is when the state breaches its international obligations, pre-agreed either explicitly or implicitly.

Doğru Cevap: A

Soru 18

Which of the below statements is incorrect?

According to the naturalist school, the source of international law is law of nature.

According to the positivist school, the source of international law is self-limitation.

Positivist school puts great emphasis on sovereignty.

Naturalist school attaches great importance on persons as human beings.

The true basis of international law lies exclusively in positivist school.

Açıklama:

Naturalist school regards the law of nature as the main source of international law whereas positivist school takes it as self-limitation of countries as voluntarily restricting their own sovereignty. Thus the former put great emphasis on human beings and the latter places the emphasis on sovereignty. However, the true basis for international law lies neither of them exclusively.

Doğru Cevap: E

Soru 19

In terms of dualism and monism, how do the international law and municipal law interact with each other?

Both laws are executed as components of one main system according to dualism.

Both laws represent completely different legal systems according to monism.

Both laws are complementary in application, according to dualism.

Both laws give the same answer for application of international law in municipal sphere.

Both laws caused the emergence of Transformation Theory and Delegation Theory.

Açıklama:

Monism argues that both laws are in general, components of a one bigger system. However Dualism counters that argument with accepting international law and municipal law as two different and self-contained systems. Both arguments created two further theories: Transformation (Specific adoption) Theory and Delegation Theory.

Doğru Cevap: E

Soru 20

What is the name of "a system composed solely of legal rules and principles binding upon civilized nations only in their mutual relations" according the majority of the earlier standard works ?

Customs

International Law

Human Rights

Rome Statute

Positive Law

Açıklama:

The majority of the earlier standard works on international law define it as a system composed solely of legal rules and principles binding upon civilized nations only in their mutual relations.

Doğru Cevap: B

Soru 21

Where were Human Rights conceptualized for the first time?

United Nations Charter

Rome Statute of 1998

The Statute of International Criminal Court

1972 Stockholm Declaration on the Human Environment

The Kellogg-Briand Pact of 1928

Açıklama:

Human rights were for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights of 10 December 1948.

Doğru Cevap: A

Soru 22

What is the term which means "hear the other side"?

Audi alteram partem

Estoppel

Res judicata

Countermeasures

Ubi Societas Ibi Jus

Açıklama:

Audi alteram partem means "hear the other side (let the other side be heard as well)."

Doğru Cevap: A

Soru 23

What is the name of the term which means "a rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist"?

Audi alteram partem

Estoppel

Res judicata

Ex proprio vigore

Countermeasures

Açıklama:

Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist.

Doğru Cevap: B

Soru 24

What is the name of the principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest?

Audi alteram partem

Estoppel

Res judicata

Countermeasures

Ex proprio vigore

Açıklama:

Res judicata: The principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest (Martin, 2003:181, 325, 430).

Doğru Cevap: C

Soru 25

Who was the chief protagonist of the view that international law is not true law?

Sir Thomas Holland

Alberico Gentilis

John Austin

Sir Frederick Pollock

Hugo Grotius

Açıklama:

John Austin (1790-1859) was not only a strong critic of international law but also the chief protagonist of the view that international law is not true law.

Doğru Cevap: C

Soru 26

What is the name of unilateral measures adopted by a State in response to the breach of its rights by the wrongful act of another State that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State?

True Law

Courtesy

Positive International Morality

Weak Law

Countermeasures

Açıklama:

Doğru Cevap: E

Soru 27

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

Açıklama:

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.

Doğru Cevap: D

Soru 28

What is the name of the legal maxim which means ‘where there is society, there is law’?

Res judicata

Estoppel

Audi alteram partem

Countermeasures

Ubi Societas Ibi Jus

Açıklama:

Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’.

Doğru Cevap: E

Soru 29

According to which theory international law and municipal law operate on different levels?

Monism

The Question of Primacy

The Transformation Theory

Dualism

The Delegation Theory

Açıklama:

According to the dualist theory, international law and municipal law operate on different levels. While international law regulates mainly the relations and obligations between sovereign States, municipal law operates and regulates the relations and obligations of individuals within a State.

Doğru Cevap: D

Soru 30

When were Human rights for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights?

1948

1955

1961

1982

1998

Açıklama:

Human rights were for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights of 10 December 1948. The correct answer is A.

Doğru Cevap: A

Soru 31

Which of the following is a rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist?

Audi alteram partem

Estoppel

Res judicata

International personality

Courtesy

Açıklama:

Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist. The correct answer is B.

Doğru Cevap: B

Soru 32

Which of the following is unilateral measures adopted by a State (the ‘injured State’) in response to the breach of its rights by the wrongful act ofanother State (the ‘wrongdoing’ or ‘target’ State) that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State?

Article 94

Estoppel

Countermeasure

Audi alteram partem

Res judicata

Açıklama:

Doğru Cevap: C

Soru 33

Which of the following is a legal maxim which means ‘where there is society, there is law’?

Countermeasures

Audi alteram partem

the Kellogg-Briand Pact

Ubi Societas Ibi Jus

Res judicata

Açıklama:

Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’. The correct answer is D.

Doğru Cevap: D

Soru 34

Which of the following is one of the naturalist?

Hugo Grotius

Cornelius van Bynkershoek

Christian Wolf

Samuel von Pufendorf

Emmerich de Vattel

Açıklama:

After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632-1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States. The correct answer is D.

Doğru Cevap: D

Soru 35

Which of the following is is often referred to as the father of the law of nations?

Christian Wolff

Georg Jellinek

Jean Bodin

Thomas Hobbes

Hugo Grotius

Açıklama:

Hugo Grotius is often referred to as the father of the law of nations. The correct answer is E.

Doğru Cevap: E

Soru 36

Which of the following means “the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent, and doctrine.”?

Codification

Estoppel

Countermeasure

The Kellogg-Briand Pact

Ubi Societas Ibi Jus

Açıklama:

Codification means “the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent, and doctrine.” The correct answer is A.

Doğru Cevap: A

Soru 37

Which of the following regards that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals?

Dualism

Monism

The Transformation (Specific Adoption) Theory

The Delegation Theory

The Question of Primacy

Açıklama:

Monism regards that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals. The correct answer is B.

Doğru Cevap: B

Soru 38

Which of the following is one of the main proponents of dualism?

Hans Kelsen

Hersch Lauterpacht

Heinrich Tripel

Gerald Fitzmaurice

Joseph Gabriel Starke

Açıklama:

The main proponents of dualism are Heinrich Tripel and Dionisio Anzilotti. The correct answer is C.

Doğru Cevap: C

Soru 39

International Law Commission, composed of how many members who are elected by the UN General Assembly, follows a set procedure for the adoption of international rules through multilateral treaties or conventions, irrespective whether it is codification or progressive development?

Açıklama:

International Law Commission, composed of 34 members who are elected by the UN General Assembly, follows a set procedure for the adoption of international rules through multilateral treaties or conventions, irrespective whether it is codification or progressive development. The correct answer is E.

Doğru Cevap: E

Soru 40

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.

Açıklama:

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.

Doğru Cevap: B

Soru 41

What is the principle of "res judicata"?

The principle that no person should be judged without hearing each party involved.

A rule that prevents a person from denying the truth of a statement he has made

A principle which dictates an adjudicated matter cannot be reopened or challenged

A principle that claims states are the principal subjects of international law

A belief that suggests an international case should be handled by third parties

Açıklama:

Audi alteram partem: Hear the other side (let the other side be heard as well).
Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist.
Res judicata: The principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest

Doğru Cevap: C

Soru 42

In which country's constitution is international law on par with municipal law?

France

Turkey

Uganda

Saudi Arabia

Syria

Açıklama:

In the constitutions of certain countries, international law is placed at par with municipal law, binding their citizens, such as in the constitutions of the United States of America (Art. VI, Para 2), France (Art.55 of the 1955 Constitution), and Germany (Art. 25 of the Basic Law).

Doğru Cevap: A

Soru 43

International law has been termed as weak law. Which of the following is NOT a reason why international law has been deemed so?

The absence of an elected legislature to frame laws

The absence of courts with compulsory jurisdiction over all disputes

The absence of an independent third-party dispute-settlement mechanism

The contradicting approaches between international law and municipal law

The lack of effective sanctions to punish those subjects (states) who break the rules

Açıklama:

International law has been termed as weak law. Critics of international law argue that it differs remarkably from municipal law in many respects such as the absence of an elected legislature to frame laws, the absence of courts with compulsory jurisdiction over all disputes or the absence of an independent third-party disputesettlement mechanism, and the lack of effective sanctions to punish those subjects (states) who break the rules.

Doğru Cevap: D

Soru 44

What institution adjudicates inter-state disputes?

The United Nations

International Law Commission

International Civil Aviation Organization

International Labour Organization

The International Court of Justice

Açıklama:

The International Court of Justice (ICJ) is the only international court to adjudicate all kinds of inter-State disputes. However, it lacks universal compulsory jurisdiction for settling disputes. The jurisdiction of the Court is consensual and it lacks real power to enforce its decisions.

Doğru Cevap: E

Soru 45

What is the term used to describe unilateral measures adopted by a State in response to the breach of its rights by the wrongful act of another State?

Self-help

Countermeasures

Use of force

Estoppel

Audi alteram partem

Açıklama:

Countermeasures are unilateral measures adopted by a State (the ‘injured State’) in response to the breach of its rights by the wrongful act of another State (the ‘wrongdoing’ or ‘target’ State) that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State (Oxford Public International Law).
Audi alteram partem: Hear the other side (let the other side be heard as well).
Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist.

Doğru Cevap: B

Soru 46

When did Universal Declaration of Human Rights take place?

1945

1946

1947

1948

1949

Açıklama:

Human rights were for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights of 10 December 1948.

Doğru Cevap: D

Soru 47

“States are the principal subjects of international law”?Who made this definition?

Schwarzenberger

Starke

Oppenheim

John Austin

Sir Thomas Holland

Açıklama:

Recognizing this fact, Oppenheim’s latest definition reads, “States are the principal subjects of international law”.

Doğru Cevap: C

Soru 48

Which one is not one of the protogonists of International Law?

Bentham

Oppenheim

Austin

Pufendorf

Hobbes

Açıklama:

According to this test, rules of international law do not qualify as rules of “positive law”. Austin categorized them as “laws improperly so called”. Other protagonists of this view were Bentham, Hobbes and Pufendorf, who also questioned the legal character of international law and termed it as merely moral ethical rules.

Doğru Cevap: B

Soru 49

What is The Kellogg-Briand Pact?

An agreement accepting International Law

A declaration of justice

A multilateral aggreement condemning war

A declaration of equality

An agreement accepting human rights

Açıklama:

The Kellogg-Briand Pact: A multilateral agreement condemning war.

Doğru Cevap: C

Soru 50

Which one is one of the Naturalists?

Samuel von Pufendorf

Cornelius van Bynkershoek

Christian Wolf

Emmerich de Vattel

Frank B. Kellogg

Açıklama:

Doğru Cevap: A

Soru 51

Which one is not one of the defenders of Consent Theory?

Bynkershoek

Vattel

Zorn

Triepe

Anzilotti

Açıklama:

It has found wide support among jurists, and the chief exponent of this theory was Bynkershoek. Other jurists such as Zorn, Triepel and Anzilotti later defended the theory, though with some refinements.

Doğru Cevap: B

Soru 52

Who is referred as the father of the law of nations?

Jean Bodin

Thomas Hobbes

Hugo Grotius

De Martens

Wheaton

Açıklama:

The most profound impact on the growth of international law during this time was of the writings of the Dutch scholar Hugo Grotius who was greatly influenced by his predecessor Gentilis. Grotius’s most acclaimed work De Jure Belli ac Pacis, originally published in 1625, was the first systematic comprehensive framework of modern international law. Therefore, he is often referred to as the father of the law of nations.

Doğru Cevap: C

Soru 53

Which one is one of the proponents of monism?

Heinrich Tripel

Dionisio Anzilotti

Brownlie

Hans Kelsen

De Martens

Açıklama:

The main proponents of this theory are Hans Kelsen (1881-1973) and Hersch Lauterpacht (1897-1960).

Doğru Cevap: D

Soru 54

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

Açıklama:

Ex proprio vigore: By their or its own force.

Doğru Cevap: E

Soru 55

Why do non-positivists support the dualist theory?

Because of the empirical differences in the formal sources of the two systems.

Because both systems support that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals.

Proponents of both systems regard law as a single unified field of knowledge.

Proponents of both systems emphasize the consensual nature
of international law

According to them, municipal law is logically a complete system.

Açıklama:

Non-positivists support the dualist theory primarily because of the empirical differences in the formal sources of the two systems.

Doğru Cevap: A

Soru 56

Who, in his work "Droit Des Gens", stated that the “necessary Law of Nations” contains those precepts that are dictated to States by natural law and equally binding on both States and individuals?

Cornelius van Bynkershoek

Samuel von Pufendorf

Christian Wolf

Emmerich de Vattel

Francisco Suarez

Açıklama:

Vattel in his work titled Droit Des Gens (The Law of Nations) stated that the “necessary Law of Nations” contains those precepts that are dictated to States by natural law and equally binding on both States and individuals. Since States are composed of persons and their policies are laid down by persons, these persons are subject to natural law in whatever capacity they act. He held the view that to overview and control the conduct of another State by one or more States would be contrary to the law of nature. This viewpoint has the genesis of the doctrine of fundamental rights (Vattel cited in Starke, 1989).

Doğru Cevap: D

Soru 57

Who secularized the concept of natural law while making a distinction between jus naturale and jus gentium?

Francisco de Vittoria

Hugo Grotius

Alberico Gentilis

Francisco Suarez

John Locke

Açıklama:

International law was binding on the States because it was part of the law of nature. This idea can be clearly seen in the writings of Francisco de Vittoria (1480-1546), Francisco Suarez (1548-1617) and Alberico Gentilis (1552-1608). However, it was Hugo Grotius (1583-1645) who secularized the concept of natural law while making a distinction between jus naturale and jus gentium. He based the law of nations on customs and treaties in addition to the law of nature. The law of nature, according to him, was the dictate of right and reason, not of divine prescriptions.

Doğru Cevap: B

Soru 58

What institution was established in 1947 by the UN General Assembly for the promotion of the progressive development of international law and its codification?

The International Law Commission

The Permanent Court of International Justice

The Permanent Court of Arbitration

The International Court of Justice

The International Labour Organization

Açıklama:

The 1899 Convention provided for the creation of permanent machinery which would enable arbitral tribunals to be set up as desired and would facilitate their work. This institution, known as the Permanent Court of Arbitration, consisted in essence of a panel of jurists designated by each country acceding to the Convention from among whom the members of each arbitral tribunal might be chosen”.
The League of Nations was the first international organization of universal character. Along with it came the Permanent Court of International Justice in 1921 that was later replaced by the present International Court of Justice in 1946.
In November 1947, acting under Article 13/1 of the UN Charter, the General Assembly established the International Law Commission for the “promotion of the progressive development of international law and its codification.” Progressive development is the “preparation of draft conventions on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States.”

Doğru Cevap: A

Soru 59

Which of the following is true for the dualist theory?

International law mainly consists of legislative enactments.

The juridical basis of international law is the “State will”.

The formal sources of municipal law are mainly customary and treaty rules.

The subjects of municipal law are both the individuals and the States.

The subjects of international law are exclusively the States.

Açıklama:

The dualist theory holds that the difference between international law and municipal law lies in their subject matter, sources, and the juridical origin. The subjects of international law are exclusively the States, whereas the subjects of municipal law are individuals. The formal sources of international law are mainly customary and treaty rules, whereas municipal law mainly consists of legislative enactments and judge-made law. And the juridical basis of international law is the common will of States, whereas the basis of municipal law is the “State will,” that is, the will of the State itself binds individuals within its jurisdiction.

Doğru Cevap: E

Soru 60

What is the phrase which means "hear the other side (let the other side be heard as well)"?

Res judicata

Audi alteram partem

Ubi Societas Ibi Jus

Ex proprio vigore

Estoppel

Açıklama:

Audi alteram partem means "hear the other side (let the other side be heard as well)".

Doğru Cevap: B

Soru 61

What is the name of the rule of evidence or the rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist?

Ex proprio vigore

Command

Estoppel

Countermeasures

Res judicata

Açıklama:

Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist.

Doğru Cevap: C

Soru 62

Ex proprio vigore

Command

Countermeasures

Res judicata

Estoppel

Açıklama:

Doğru Cevap: D

Soru 63

Who described international law as positive international morality?

John Austin

Sir Thomas Holland

Hersch Lauterpacht

Hans Kelsen

Sir Frederick Pollock

Açıklama:

Austin described international law as positive international morality, which consists of “opinions or sentiments current among nations generally.”

Doğru Cevap: A

Soru 64

Who denies the legal character of international law and calls it as the “vanishing point of jurisprudence.”?

Hersch Lauterpacht

Hans Kelsen

Sir Frederick Pollock

John Austin

Sir Thomas Holland

Açıklama:

Sir Thomas Holland, just as Austin, denies the legal character of international law and calls it as the “vanishing point of jurisprudence.”

Doğru Cevap: E

Soru 65

Who writes that “the only essential conditions for the existence of law are the existence of a political community, and the recognition by its members of settled rules binding upon them in that capacity, international law seems on the whole to satisfy these conditions”?

Sir Frederick Pollock

Hersch Lauterpacht

Gerald Fitzmaurice

Sir Thomas Holland

John Austin

Açıklama:

Sir Frederick Pollock writes that “the only essential conditions for the existence of law are the existence of a political community, and the recognition by its members of settled rules binding upon them in that capacity, international law seems on the whole to satisfy these conditions” (1944).

Doğru Cevap: A

Soru 66

What is the name of the multilateral agreement condemning war which grew out of a proposal by the French Premier?

The Permanent Court of International Justice

Ubi Societas Ibi Jus

The Kellogg-Briand Pact

Article 94

Countermeasures

Açıklama:

The Kellogg-Briand Pact is 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.

Doğru Cevap: C

Soru 67

What is the name of the legal maxim which means ‘where there is society, there is law’?

Ubi Societas Ibi Jus

Ex proprio vigore

Res judicata

Estoppel

Audi alteram partem

Açıklama:

Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’.

Doğru Cevap: A

Soru 68

Which theory regards that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals?

Monism

Dualism

The Question of Primacy

The Transformation Theory

The Delegation Theory

Açıklama:

The theory of monism regards that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals.

Doğru Cevap: A

Soru 69

According to which theory do international law and municipal law operate on different levels?

Monism

Dualism

The Question of Primacy

The Transformation Theory

The Delegation Theory

Açıklama:

Doğru Cevap: B

Ünite 2

Soru 1

Which of the following is true about the concept of sources of international law?

The sources of international law are more explicit and accessible than those of municipal law.

No distinction is found between formal and material sources of international law.

The law derives its authority from material sources.

From formal sources, the law derives its content or subject matter.

There is no agreement on the concept of source of international law among the jurists.

Açıklama:

The term ‘source’ articulates what the law is and where it can be found. In developed legal systems, sources may be readily identifiable in the form of legislation and judicial decisions. However, sources of international law are not as explicit and accessible as those of municipal law, nor is the machinery for their identification comparable to municipal law. The concept of ‘sources of international law’ faces many conceptual difficulties. Jurists of international law do not agree on the very concept of “source.” They evaluate it from their doctrinal philosophy regarding the basis of international legal obligations. A distinction has also been made between formal sources and material sources of international law. From formal sources, the law derives its authority or sanction, and from material sources, the law derives its content or subject matter.

Doğru Cevap: E

Soru 2

Which of the following is one of the subsidiary sources of international law?

International conventions

International customs

General principles of law

Judicial decisions

Treaties

Açıklama:

In a particular dispute before the ICJ, its search for relevant rules takes it to the treaties, which are expressly recognized by the parties, or to general practice accepted as law (by States), or to general principles of law (recognized by States). If the conventions, practices, and principles are not found relevant or clear, the Court may resort to “judicial decisions and the teachings of the most highly qualified publicists” as “subsidiary means for the determination of rules of law”. It may take into account the decisions of the international organs.

Doğru Cevap: D

Soru 3

Antiquity

Certainity

Continuity

Consistency

Uniformity

Which of the above are necessary to treat customs as a source of international law?

I,II,III,IV,V

I,II,III

II,IV,V

III,IV,V

I and V

Açıklama:

Custom is a habitual course of conduct or general practice accepted as law. Custom evolves after a long historical process culminating in its recognition by the community. Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.

Doğru Cevap: A

Soru 4

Which of the following refers to "what is just and fair or according to equity and good conscience"?

Rebus sic stantibus

Ex aequo et bono

Opinio juris

Erga omnes

Pacta sund servanda

Açıklama:

Ex aequo et bono means what is just and fair or according to equity and good conscience. Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. A decision-maker who is authorized to decide ex aequo et bono is not bound by legal rules but may take account of what is just and fair.

Doğru Cevap: B

Soru 5

Mutual relations among States

The practice of international organizations

The unilateral practices of States

Which of the above is/are among the categories as the evidence(s) of State Practice?

Only I

I and II

I,II and III

II and III

Only III

Açıklama:

State practice is fundamental to the formation of a custom. It is the material (objective) element of a custom. It is that the States are constantly and uniformly following that practice. But what amounts to a State practice and what constitutes a State practice may cover every activity of the State organs or officials in an international context. It may include treaties, diplomatic correspondence and relations, opinions of national legal advisers, national legislation, policy statements, press releases, official manual on legal questions, executive decisions and practices, decisions of international and national courts, and the practices of international organizations. State practice can be grouped into three categories as evidenced - (a) in the mutual relations among States, (b) in the practice of international organizations, and (c) the unilateral practices of States.

Doğru Cevap: C

Soru 6

Which of the following describes a situation where there is no applicable law?

Non-liquet

In foro demestico

Opinio juris

Res judicata

Erga omnes

Açıklama:

Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences.

Doğru Cevap: A

Soru 7

Which of the following refers to an agreement between two states or only limited number of states on a special matter concerning those states exclusively?

Customary law

Treaty contracts

Juristic writings

Law-making treaties

General principles of law

Açıklama:

Treaty contracts are the agreements between two (or only limited number of ) States on a special matter concerning those States exclusively. Such treaties create obligations for the parties that would not have existed under the general international law or they modify the existing rules as applicable to their mutual relations.

Doğru Cevap: B

Soru 8

Which of the following refers to the role of a mediator or a conciliator rather than a decision maker in an international dispute?

Arbitrator

Jurist

Amiable compositeur

Judge

Permanent member

Açıklama:

Amiable compositeur under international law refers to an unbiased third party, who suggests solution to a dispute between countries. An amiable compositeur acts as a conciliator or a mediator rather than a decision-maker in a dispute. An amiable compositeur is also not bound to apply strict rules of civil procedure and substantive law.

Doğru Cevap: C

Soru 9

Which of the following concepts refers to the teachings of the most qualified publicists as a source of international law?

Juristic writings

State practice

General principles of law

International conventions

Resolutions of the UN General Assembly

Açıklama:

Although Article 38 of the ICJ’s Statute confers “subsidiary” status to “the teachings of the most highly qualified publicists,” they are an important source of international law. Juristic writings made substantial contribution especially in the formative period of modern international law. In this process, publicists made use of natural law principles, analogies from Roman law, and generalization of State practice whenever possible. The writings of Gentilis, Pufendorf, Grotius, Bynkershoek, Van Martens and Vattel, among others, had enormous influence in the development of international law.

Doğru Cevap: A

Soru 10

Resolutions of General Assembly are sometimes referred to as ________.
Which of the following correctly completes the sentence above?

general principles of law

international conventions

treaty contracts

rule of equity

soft law

Açıklama:

Doğru Cevap: E

Soru 11

Which of the following articles of the Statute of the International Court of Justice formulates the internationally accepted classification of sources of international law?

Article 1

Article 36

Article 42

Article 38

Article 65

Açıklama:

-
Sources of international law are not as explicit and accessible as those of municipal law, nor is the machinery for their identification comparable to municipal law. However, the internationally accepted classification of sources of international law is formulated in Article 38 of the Statute of the International Court of Justice.

Doğru Cevap: D

Soru 12

Which of the sub-paragraphs of Article 38 of the Statute of the International Court of Justice enumerates some of the means for the determination of alleged rules of international law?

Sub-paragraph (a)

Sub-paragraph (b)

Sub-paragraph (c)

Sub-paragraph (d)

Sub-paragraph (e)

Açıklama:

Article 38 classifies the sources of international law into two categories. Sub-paragraphs (a), (b), and (c) incorporate the law-creating process, which means that in any asserted rule of international law, it must be shown that it is the product of one or more of the three law-creating processes: treaties, customs, and general principles of law. Sub-paragraph (d), however, enumerates some of the means for the determination of alleged rules of international law. In the case of the law-creating process, the emphasis lies on the forms by which any particular rule of international law is created. This is being done through the law-determining agencies, (those stated in sub-paragraph d), that verify an alleged rule

Doğru Cevap: D

Soru 13

What are the two factors that are essential for a practice or usage to become a customary rule of international law?

A material fact and a psychological element

A cultural fact and a social element

A material fact and a social element

A cultural fact and a psychological element

A governmental fact and a sociocultural element

Açıklama:

There are two requirements for a custom to be accepted as law: (i) there should be sufficiently uniform general practice accepted as law, and (ii) the belief that such a practice is obligatory. Consequently, for a practice or usage to become a customary rule of international law, the following two factors are essential:
• A material fact: in similar circumstances States act similarly, in other words, usage has been constantly and uniformly practiced by States.
• A psychological element: (opinio juris sive necessitatis) (an opinion of law or necessity) - the feeling on the part of States that in acting as they act they are fulfilling a legal obligation.
The two are often referred to as the objective (material) and subjective elements of custom respectively

Doğru Cevap: A

Soru 14

For a practice to crystalize as a custom ________________ need to have accepted the particular practice.
Which of the following options correctly completes the sentence above?

Majority of States

The members of the UN Law Commission

One third of States

All of the UN members

The permanent members of the UN Security Council

Açıklama:

-
For a practice to crystalize as a custom, it does not need to pass the test of universal acceptance. It is enough to show that the majority of States have accepted a particular practice. For example, in the matters related to maritime law, the practice of the United Kingdom and the United States is of special importance, just like the practice of the United States and Russia is significant in the law relating to outer space.

Doğru Cevap: A

Soru 15

Which of the following cases is an example where acquiescence and mutual tolerance became the basis of the ICJ decision?

Corfu Channel case

Anglo-Norwegian Fisheries case

North Sea Continental Shelf case

Right of Passage over Indian Territory case

Asylum case

Açıklama:

Acquiescence and mutual tolerance became the basis of the ICJ decision in the Anglo-Norwegian Fisheries case (UK v. Norway, 1951). The Court accepted the legality of Norway’s straight baseline system for delimiting its “Fishery Zone” by a 1935 decree. This decree was based on Norway’s earlier decrees of 1869 and 1889. No State had protested against them including the United Kingdom. The Court observed that there is a general tolerance with regard to the Norwegian practice.

Doğru Cevap: B

Soru 16

Which of the below is not true about treaties?

Treaties have been classified into “general” and “particular”.

The law-making treaties are a source of law; treaty contracts, on the other hand, are not directly a source of law.

A treaty cannot modify or reject the existing customary rules.

A treaty will not bind the non-parties unless they manifest their intention to be bound.

Treaty law takes priority over international customary law.

Açıklama:

Treaties have been classified into “general” and “particular”, as is done in Article 38(l)(a) of the Statute of the ICJ.
A treaty, even if of universal or normative nature, will not bind the non-parties unless they (expressly or by their conduct) manifest their intention to be bound by the provisions of the treaty as general rules of international law.
Some jurists have further classified the treaties into lawmaking treaties and treaty contracts. Whereas the law-making treaties are a source of law, the treaty contracts merely purport to lay down special obligations between the parties and are not directly a source of law.
A treaty is an express manifestation of the parties’ intention to be bound by a particular rule, and it can modify or reject the existing customary rules. Hence, treaty law takes priority over international customary law. In those situations where there is a conflict between a treaty rule and a customary rule, the judicial bodies have to give effect to the treaty provision.

Doğru Cevap: C

Soru 17

Which of the below refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences?

Ex aequo et bono

Opinio juris sive necessitatis

Erga omnes

Res judicata

Non-liquet

Açıklama:

Doğru Cevap: E

Soru 18

In the Mavrommatis Palestine Concessions case (1924), what principle did the PCIJ refer to and held that the concessions made by the Ottoman Empire in favor of Mavrommatis were enforceable against the United Kingdom?

Equity

Estoppel

Subrogation

Res judicata

Restitution

Açıklama:

-
Subrogation is the substitution of one person for another so that the person substituted succeeds to the rights of the other.
In the Mavrommatis Palestine Concessions case (1924), the PCIJ referred to the general principle of subrogation and held that the concessions made by the Ottoman Empire in favor of Mavrommatis were enforceable against the United Kingdom, which was the successor State to the Ottoman Empire in Palestine.

Doğru Cevap: C

Soru 19

In which of the cases below did the ICJ resort to the rules and institutions that are created within municipal law.

Asylum Case

Right of Passage over Indian Territory Case

S.S. Lotus Case

Namibia Case

Barcelona Traction Light and Power Company Case

Açıklama:

-
The ICJ does not always transfer general principles from municipal law to international law, but it also sometimes resorts to the rules and institutions that are created within municipal law. In the Barcelona Traction Light and Power Company case (Belgium v. Spain, 1970), the Court had to decide whether Belgium could exercise its right of diplomatic protection against Spain in respect of its nationals, who were shareholders in the company that was registered in Canada and operated in Spain. Spain had declared the company bankrupt and took certain other measures injurious to the company. The Court, applying the municipal law doctrine of “corporate personality”, held that the alleged wrongful acts were committed against the company and, though shareholders suffered indirectly, Belgium had no cause of action. The corporate personality is distinct from shareholders under municipal law, and separation of property rights was an important manifestation of this corporate personality. The court observed that “whenever legal issues arise concerning the right of States with regard to the treatment of companies and shareholders, as to which international law has not established its own rules, it has to refer to the relevant rules of municipal law” disregarding of which invite serious legal difficulties.

Doğru Cevap: E

Soru 20

Resolutions of the General Assembly are sometimes referred to as __________, since they cannot be classified as full-fledged rules of international law such as international custom, treaties, or general principles of law.
Which of the below best completes the sentence above?

Soft law

Opinio juris

De lege ferenda

Instant customary law

Subsidiary law

Açıklama:

Resolutions of the General Assembly are sometimes referred to as soft law, since they cannot be classified as full-fledged rules of international law such as international custom, treaties, or general principles of law. However, resolutions meet, to a great extent, the criteria to be termed as law.
Soft law refers to guidelines of behavior such as those provided by treaties not yet in force, resolutions of the United Nations, or international conferences, that are not binding in themselves but are more than mere statements of political aspiration (they fall into a legal/political limbo between these two states). Soft law contrasts with hard law, i.e. those legal obligations, found either in treaties or in customary international law that are binding in and of themselves.

Doğru Cevap: A

Soru 21

Which of the following is not listed as the internationally accepted classification of sources of international law, formulated in Article 38 of the Statute of the International Court of Justice?

international conventions, whether general or particular, establishing rules expressly recognized by the contesting States;

international custom, as evidence of a general practice accepted as law;

United Nations’ (UN) foundation articles;

the general principles of law recognized by civilized nations;

subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Açıklama:

THE CONCEPT OF ‘SOURCE’ IN INTERNATIONAL LAW
Sources of international law are not as explicit and accessible as those of municipal law, nor is the machinery for their identification comparable to municipal law. However, the internationally accepted classification of sources of international law is formulated in Article 38 of the Statute of the International Court of Justice. These sources are:

international conventions, whether general or particular, establishing rules expressly recognized by the contesting States;

international custom, as evidence of a general practice accepted as law;

the general principles of law recognized by civilized nations;

subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

international conventions, whether general or particular, establishing rules expressly recognized by the contesting States;
international custom, as evidence of a general practice accepted as law;
the general principles of law recognized by civilized nations;
subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Doğru Cevap: C

Soru 22

According to the Statute of the ICJ (International Court of Justice), which of the following headings is not listed among the sources of international law?

Custom

Charter of UN

Treaties

General principles of law

Subsidiary sources

Açıklama:

Hierarchy of the Sources of International Law
Broadly speaking, the ICJ will resort to the following sources for deciding a dispute before it: treaties (conventions); custom; general principles of law; judicial decisions; juristic work on international law (the teachings of publicists); principles of equity and ex aequo et bono; General Assembly and Security Council resolutions and practices. Whereas treaties, custom, and general principles of law are the main sources of international law, judicial decisions and juristic work on international law fall into the category of subsidiary sources.
Accordingly, the sources of international law will be explained under the following headings below:

Custom

Treaties

General principles of law

Subsidiary sources

5. Other sources
Hierarchy of the Sources of International Law
Broadly speaking, the ICJ will resort to the following sources for deciding a dispute before it: treaties (conventions); custom; general principles of law; judicial decisions; juristic work on international law (the teachings of publicists); principles of equity and ex aequo et bono; General Assembly and Security Council resolutions and practices. Whereas treaties, custom, and general principles of law are the main sources of international law, judicial decisions and juristic work on international law fall into the category of subsidiary sources.
Accordingly, the sources of international law will be explained under the following headings below:

Custom
Treaties
General principles of law
Subsidiary sources

5. Other sources

Doğru Cevap: B

Soru 23

Which of the following statement is correct about the Custom which is a source of law?

Custom may be treated as a source of law if it manifests the attributes of antiquity and certainty.

Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, and uniformity.

Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, and uniformity.

Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, consistency, and uniformity.

Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.

Açıklama:

INTERNATIONAL CUSTOM
Custom is a habitual course of conduct or general practice accepted as law. Custom evolves after a long historical process culminating in its recognition by the community. Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.

Doğru Cevap: E

Soru 24

Which of the following statements correctly represents the requirements or a custom to be accepted as law?

there should only be sufficiently uniform general practice accepted as law,

the belief that such a practice is obligatory.

(i) there should be general practice accepted as law, and (ii) the belief that such a practice is optinal.

(i) there should be sufficiently uniform general practice accepted as law, and (ii) the belief that such a practice is obligatory.

(i) there should be common practice accepted as law, and (ii) the belief that such a practice is obligatory.

Açıklama:

INTERNATIONAL CUSTOM
There are two requirements for a custom to be accepted as law: (i) there should be sufficiently uniform general practice accepted as law, and (ii) the belief that such a practice is obligatory.

Doğru Cevap: D

Soru 25

Treaties or a convention may be general according to the Article 38(l)(a) of the Statute of the ICJ if which of the following conditions are satisfied?

either because of the number of parties (as being accepted by a large number of States), or because of the nature of its contents (which is of universal importance).

either because of the number of parties (as being accepted by more than 100 States), or because of the nature of its contents (which is of universal importance).

either because of the number of parties (as being accepted by all States), or because of its specific nature.

either because it is being accepted by a large number of States, or because of its general nature of its contents.

because of its general contents (which is of universal importance).

Açıklama:

General and Particular Treaties
Treaties have been classified into “general” and “particular”, as is done in Article 38(l)(a) of the Statute of the ICJ. A convention may be general either because of the number of parties (as being accepted by a large number of States), or because of the nature of its contents (which is of universal importance).

Doğru Cevap: A

Soru 26

Which of the following explanation is correct about the meaning of “Non-liquet”?

“it is not liquid.”

“it is not clean.”

“it is not clear.”

“it is not just.”

“it is not ambiguous.”

Açıklama:

GENERAL PRINCIPLES OF LAW
Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the “it is not clear.”ness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences.

Doğru Cevap: C

Soru 27

Which of the following statement is correct about the meaning of “Subrogation”?

The substitution of one good for another so that the good substituted is used in place of the other,

The substitution of one person for another so that the person substituted succeeds to the rights of the other,

The substitution of one person for another so that the person substituted obeys the international law,

The substitution of one person for another so that the person substituted under the subordination of the other,

The substitution of one person for another.

Açıklama:

Judicial Application of General Principles
Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other (Martin, 2003: 483).

Doğru Cevap: B

Soru 28

Which of the following statement is correct about the meaning of “Equity”?

In its broadest sense, equity is fairness.

In its broadest sense, equity is equality.

In its broadest sense, equity is justice.

In its broadest sense, equity is baldness.

In its broadest sense, equity is quality.

Açıklama:

Judicial Application of General Principles
Equity: In its broadest sense, equity is fairness. As a legal system, it is a body of law that addresses concerns that fall outside the jurisdiction of Common Law. It can be traced to England, where it began as a response to the rigid procedures of England’s law courts.

Doğru Cevap: A

Soru 29

According to the Article 38 of the Statute of the International Court of Justice which of the two subsidiary means for the determination of rules of law are/were identified?

a) judicial decisions of the USA Supreme court, b) the teachings of the most highly qualified publicists of the various nations.

a) judicial decisions UN human rights Org, b) the teachings of the most highly qualified publicists of the various nations.

a) judicial decisions EU human rights Org, b) the teachings of the most highly qualified publicists of the various nations.

a) judicial decisions, b) the teachings of the most highly qualified publicists of the various nations.

a) UN decisions, b) the teachings of the most highly qualified Nobel prize winners.

Açıklama:

SUBSIDIARY SOURCES OF INTERNATIONAL LAW
Article 38 of the Statute of the International Court of Justice identifies two subsidiary means for the determination of rules of law: a) judicial decisions, b) the teachings of the most highly qualified publicists of the various nations.

Doğru Cevap: D

Soru 30

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”.

Açıklama:

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).

Doğru Cevap: C

Soru 31

Where does the law derive its authority or sanction from?

Subsidiary means

Formal sources

Material sources

Mutual tolerance

Material fact

Açıklama:

The law derives its authority or sanction from formal sources.

Doğru Cevap: B

Soru 32

Where does the law derive its content or subject matter from?

Material sources

Formal sources

Subsidiary means

Material fact

Mutual tolerance

Açıklama:

The law derives its content or subject matter from material sources.

Doğru Cevap: A

Soru 33

I. International conventions
II. International custom
III. The general principles of law
Which of the above are among the sources of international law in Article 38 of the Statute of the International Court of Justice?

Only I

Only III

I and II

II and III

I, II and III

Açıklama:

All of them are among the sources of international law in Article 38 of the Statute of the International Court of Justice.

Doğru Cevap: E

Soru 34

What is the term which means "what is just and fair or according to equity and good conscience"?

Non-lique

Opinio juris sive necessitatis

Erga omnes obligations

Ex aequo et bono

Res judicata

Açıklama:

Ex aequo et bono means what is just and fair or according to equity and good conscience.

Doğru Cevap: D

Soru 35

I. Treaties
II. Judicial decisions
III. Custom
IV. General principles of law
Which of the above are among the main sources of international law?

I and II

III and IV

I, II and III

I, III and IV

I, II, III and IV

Açıklama:

Judicial decisions are among the subsidiary sources of international law.

Doğru Cevap: D

Soru 36

What is the term which means “an opinion of law or necessity”?

Ex aequo et bono

Non-lique

Opinio juris sive necessitatis

Acquiescence

Erga omnes obligations

Açıklama:

Opinio juris sive necessitatis means “an opinion of law or necessity.”

Doğru Cevap: C

Soru 37

What is the name of "obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole."?

Erga omnes obligations

Opinio juris sive necessitatis

Ex aequo et bono

Non-lique

Concurrence

Açıklama:

Erga omnes obligations [Latin: towards all] (in international law) Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole.

Doğru Cevap: A

Soru 38

What is the name of "the principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest."?

In foro demestico

Non-liquet

Opinio juris sive necessitatis

Ex aequo et bono

Res judicata

Açıklama:

Res judicata [Latin; a matter that has been decided]: The principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest.

Doğru Cevap: E

Soru 39

What is the name of the term which means "the substitution of one person for another so that the person substituted succeeds to the rights of the other"?

Estoppel

Good faith

Subrogation

Equity

Arbitral tribunals

Açıklama:

Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other (Martin, 2003: 483).

Doğru Cevap: C

Soru 40

Res judicata

Restitution

Equity

Estoppel

Non-liquet

Açıklama:

Doğru Cevap: D

Soru 41

From what aspect of international law does law derive its force and validity?

International custom

International convention

Judicial decisions

Formal sources

Material sources

Açıklama:

A formal source is that from which a rule of law derives its force and validity. The material sources, on the other hand, are those from which is derived the matter, not the validity of the law. From formal sources, the law derives its authority or sanction. The procedures or methods by which rules become legally binding are formal sources of law.

Doğru Cevap: D

Soru 42

As formulated in Article 38 of the Statute of the
International Court of Justice, which source of international law deals with the recognition of laws by civilized nations?

Material source

International conventions

International custom

The general principles of law

Judicial decisions and teachings

Açıklama:

The internationally accepted classification of sources of international law is formulated in Article 38 of the Statute of the International Court of Justice. These sources are:
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting States
b. international custom, as evidence of a general
practice accepted as law
c. the general principles of law recognized by
civilized nations
d. subject to the provisions of Article 59,
judicial decisions and the teachings of the
most highly qualified publicists of the various
nations, as subsidiary means for the
determination of rules of law

Doğru Cevap: D

Soru 43

What is "ex aeque et bono"?

A decision based on laws

A case that cannot be tried due to lack of laws

A case where both parties are found guilty

A public case that is considered a punishable crime but contributes to society

A decision in a case where the decision is made based on what is fair and just

Açıklama:

Doğru Cevap: E

Soru 44

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

Açıklama:

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.

Doğru Cevap: A

Soru 45

What term is used to describe "a belief of law or necessity"?

Ex Aequo Et Bono

Lex Lata

Opinio juris sive necessitatis

De Lege Ferenda

Estoppel

Açıklama:

Opinio juris sive necessitatis means “an opinion of law or necessity.” It is the belief that an action was carried out because it was a legal obligation. This term is frequently used in legal proceedings as a defense in a case (USLegal).

Doğru Cevap: C

Soru 46

Which one of the following is NOT true about treaties?

They establish a special regime

They establish international boundaries

They create obligations for third parties

They bind non-signatories

They create international institutions

Açıklama:

A treaty is contractual in nature, its being a source of law is debatable, as it primarily creates obligations for the parties thereto. It does not ipso facto (by that very fact) bind the non-signatories except the treaties that are “constitutive” or “dispositive” in nature. In other words, treaties establish a special régime, international boundaries, or an international institution. They create rights and obligations for third parties.

Doğru Cevap: D

Soru 47

Which term means "it is not clear"?

Ipso facto

Non-liquet

Erga omnes

Res judicata

In foro demestico

Açıklama:

Doğru Cevap: B

Soru 48

What is the principle that dictates that when a matter is concluded, it cannot be reopened or challenged by the original parties or their successors?

In foro demestico

Res judicata

Erga omnes

Subrogation

Equity

Açıklama:

Res judicata [Latin; a matter that has been decided]: The principle that when a matter has been finally adjudicated upon by a court of
competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest. It is also known as action estoppel (Martin, 2003: 430).

Doğru Cevap: B

Soru 49

When do courts get involved in determining the rules of law to create new rules?

When the State practice is non-existent

When a party makes an appeal

When a punishment is considered inadequate

When there have been no previous cases of pre-existing rule

When the legislation demands so

Açıklama:

When the State practice is either ambiguous, non-existent,
sparse, or contradictory, courts get involved in determining the rules of law in order to decide a legal issue and in this process they create new rules. Decisions rendered by the courts are of immense value; and in those cases where there is no preexisting
rule, these decisions become a direct source of law.

Doğru Cevap: A

Soru 50

What is an "amiable compositeur"?

A lawmaker

A suitor

A defendant

An unbiased third party

An arbitral tribunal

Açıklama:

Doğru Cevap: D

Soru 51

From wihch of the followings does the law derive its authority or sanction?

Material sources

Formal sources

Rules

Content

Subject matter

Açıklama:

From formal sources, the law derives its authority or sanction; and from material sources, the law derives its content or subject matter. Thus, a rule will be legally binding if it fulfils the requirements of a custom, which is a formal source of international law.

Doğru Cevap: B

Soru 52

"In the case of the law-creating process, the emphasis lies on the forms by which any particular rule of international law is created. This is being done through the law-determining agencies."
Which of the following terms refer to these agencies?

Subsidiary means

State practice

Function

International custom

Judicial decisions

Açıklama:

In the case of the law-creating process, the emphasis lies on the forms by which
any particular rule of international law is created. This is being done through the law-determining agencies, (those stated in sub-paragraph d), that verify an alleged rule (Schwarzenberger, 1967). These agencies have been termed as subsidiary means.

Doğru Cevap: A

Soru 53

In order to avoid a situation of non-lique, which of the followings is decided about the case if the parties agree thereto according to article 38 paragraph (2)?

Opinio juris sive necessitatis

Acquiescence

Ex aequo et bono

Erga omnes obligations

Sufficient degree of consistency

Açıklama:

In order to avoid a situation of non-lique, (i.e., no law exists or law is silent on the issue), Article 38 paragraph (2) empowers the Court “to decide a case ex aequo et bono if the parties agree thereto”.
Ex aequo et bono means what is just and fair or according to equity and good conscience. Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. A decision-maker who is authorized to decide ex aequo et bono is not bound by legal rules but may take account of what is just and fair.

Doğru Cevap: C

Soru 54

Custom may be treated as a source of law if it manifests some attributes. Which of the followings is NOT one of these attributes?

Antiquity

Certainty

Continuity

Anonimity

Uniformity

Açıklama:

Doğru Cevap: D

Soru 55

Which of the followings is a must in order to establish acquiescence?

General tolerance

Interaction of rival claims

Long continued practice accepted by the court

Usage constantly and uniformly practiced by States

Actual or constructive knowledge of the claim

Açıklama:

Acquiescence, however, cannot be established unless a State has actual or constructive knowledge of the claim being made.
For example, in the satellite launching, the acquiescence of all States
has resulted in the change of airspace law. Further, it is not necessary that a new rule should emerge only out of compromises or mutual tolerances; it may also be evolved by consensus, rather in a short span of period, such as in the case of law relating to outer space.

Doğru Cevap: E

Soru 56

A uniform practice among nations on a particular aspect leads to the formation of a customary rule.
Which of the followings is NOT among the factors that may cause rules to evolve?

Positive statements

Diplomatic correspondence

Interaction of rival claims

Acquiescence in the other’s claim

Tolerance of the other’s claim

Açıklama:

State interactions with other nations in the form of diplomatic correspondence, press releases, bilateral treaties, memorandums of understanding,acts or declarations by statesmen etc. constitute evidence of practices of States followed in the sphere of international relations. A uniform practice among nations on a particular aspect leads to the formation of a customary rule. Rules may also evolve as a result of positive statements, interaction of rival claims, or the acquiescence in or tolerance of the other’s claim.

Doğru Cevap: B

Soru 57

What is required for the existence of a custom?

Compatibility

Qualification

Concurrence

Parallelism

Membership

Açıklama:

The existence of a practice uniformly followed by all States may be of some evidence that a custom does exist. Nevertheless, what is required for the existence of a custom is the concurrence and not mere parallelism of such practices that may be indicative of the general recognition of a broad principle of law. The Scotia case (the USA vs. UK, 1871) is in point.

Doğru Cevap: C

Soru 58

What is a necessity to develop international rules?

Concluding treaties among nation States

Slow process of creating customary law

Developing new customs

Establishing legal authenticity

Decolonization

Açıklama:

Treaties (conventions) constitute the most important source of modern international law. Addressing the needs of modern international society and keeping pace with the changes in international relations make it imperative to develop international rules.
This can be accomplished only through concluding treaties among nation States and not by the slow process of creating customary law.

Doğru Cevap: A

Soru 59

Which of the following situations refer to the possibility that a court or tribunal would be unable to decide a case because of a “gap” in the law?

Res Judicata

Opinio Juris

Lex Lata

De Lege Ferenda

Non-liquet

Açıklama:

Doğru Cevap: E

Soru 60

When the State practice is either ambiguous, non-existent, sparse, or contradictory, which of the followings get involved in determining the rules of law?

States

International organizations

Lawyers

Courts

Compositeur

Açıklama:

In theory, judicial decisions do not constitute a formal source of law; in practice, however, they play a substantial role in the development of international law.
When the State practice is either ambiguous, non-existent, sparse, or contradictory, courts get involved in determining the rules of law in order to decide a legal issue and in this process they create new rules. Decisions rendered by the courts are of immense value; and in those cases where there is no preexisting rule, these decisions become a direct source of law.

Doğru Cevap: D

Soru 61

I. International conventions
II. International custom
III. General principle of war
IV. Judicial decisions and teachingsWhich of these are sources of international law?

I and II

III and IV

I, II and III

II, III and IV

I, II, III and IV

Açıklama:

Sources of international law are not as explicit and accessible as those of municipal law, nor is the machinery for their identification comparable to municipal law. However, the internationally accepted classification of sources of international law is formulated in Article 38 of the Statute of the International Court of Justice. These sources are: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Doğru Cevap: E

Soru 62

I. Antiquity
II. Certainty
III. Continuity
IV. Consistency
V. Uniformity
VI. Necessity
What must a custom manifest to be treated as a source of law?

I, II, III, IV and V

I, II, IV, V and VI

II, III, IV, V and VI

I, III, IV, V and VI

I, II, III, V and VI

Açıklama:

Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.

Doğru Cevap: A

Soru 63

What term means “an opinion of law or necessity” and the belief that an action was carried out because it was a legal obligation?

Ex aequo et bono

De Lege Ferenda

Res judicata

Opinio juris sive necessitatis

In foro demestico

Açıklama:

Doğru Cevap: D

Soru 64

What are the agreements between two (or only limited number of) States on a special matter concerning those States exclusively?

Treaty contracts

Customary laws

Subrogations

International Organizations

Judicial Decisions

Açıklama:

Treaty contracts are the agreements between two (or only limited number of) States on a special matter concerning those States exclusively.

Doğru Cevap: A

Soru 65

I. Under international law it refers to an unbiased third party, who suggests solution to a dispute between countries.
It acts as a conciliator or a mediator rather than a decision-maker in a dispute.
III. It is also not bound to apply strict rules of civil procedure and substantive law.
What is the concept defined above?

De lege ferenda

Amiable compositeur

Lex lata

Soft law

Hard law

Açıklama:

Doğru Cevap: B

Soru 66

What are guidelines and resolutions of the UN General Assembly that are not binding in themselves but are more than mere statements of political aspiration called?

Hard laws

Soft laws

Treaty contracts

Lex lata

De lege ferenda

Açıklama:

Doğru Cevap: B

Soru 67

What are Resolutions of the UN General Assembly when followed by States regularly called?

Treaty law

Equity

International custom

Instant customary international law

International convention

Açıklama:

Repetition or recitation of a resolution in subsequent resolutions adds further weight and helps in the formation of a new rule. Repetition demonstrates the continuity, consistency, and uniformity of the States’ conduct and practice in conformity with the rules stated therein. This may lead to formulating instant customary international law, a term coined by B. Cheng (1965).The subsequent conduct of States, after the adoption of a resolution, is similarly important in the formulation of a new rule.

Doğru Cevap: D

Soru 68

Which term refers to the rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist?

Estoppel

Subrogation

Equity

Amiable compositeur

Ex aequo et bono

Açıklama:

Estoppel [from Norman French estouper, to stop up]: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist. The denial must have been acted upon (probably to his disadvantage) by the person who wishes to take advantage of the estoppel or his position must have been altered as a result. There are several varieties of estoppel.

Doğru Cevap: A

Soru 69

What is the term that refers to the substitution of one person for another so that the person substituted succeeds to the rights of the other?

Estoppel

Subrogation

Equity

Amiable compositeur

Lex lata

Açıklama:

Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other.

Doğru Cevap: B

Soru 70

What law term refers to a situation where there is no applicable law and when a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences?

Estoppel

Res judicata

In foro demestico

Erga omnes obligations

Non-liquet

Açıklama:

Doğru Cevap: E

Soru 71

I- Treaties
II- Custom
III- General principles of law
IV- Judicial decisions
V- Juristic work on international law
Which of the above fall into the category of subsidiary sources?

Only I

I and II

II and III

III and IV

IV and V

Açıklama:

Judicial decisions and juristic work on international law fall into the category of subsidiary sources.

Doğru Cevap: E

Soru 72

From ...., the law derives its authority or sanction.
Which of the following options correctly completes the sentence above?

Formal sources

Material sources

Main sources

Subsidiary sources

Other sources

Açıklama:

From formal sources, the law derives its authority or sanction.

Doğru Cevap: A

Soru 73

Which of the following concepts means what is just and fair or according to equity and good conscience?

Ex aequo et bono

Pacta sunt servanda

Opinio jurissivenecessitatis

Erga omnes obligations

Rebus sic stantibus

Açıklama:

Ex aequo et bono means what is just and fair or according to equity and good conscience.

Doğru Cevap: A

Soru 74

I- Antiquity,
II- Certainty,
III- Continuity,
IV- Consistency,
V- Uniformity.
Which of the above are the attributes of international custom?

Only I

I and II

I, II and III

I, II, III and IV

I, II, III, IV and V

Açıklama:

Antiquity, certainty, continuity, consistency, and uniformity are attributes of international custom.

Doğru Cevap: E

Soru 75

Which of the following is an example of other possible sources of international law?

International custom

Normative treaties

Law-making treaties

General principles of law

Resolutions of the UN General Assembly

Açıklama:

Resolutions and Declarations of the UN General Assembly are other possible sources of international law.

Doğru Cevap: E

Soru 76

In which of the following cases did the International Court of Justice recognize state responsibility for damage to one country caused by activities within the jurisdiction of another country?

The Corfu Channel case

The Charzow Factory case

The Nicaragua case

The S.S. Wimbledon case

The S.S. Lotus case

Açıklama:

In the Corfu Channel case, the International Court of Justice recognized state responsibility for damage to one country caused by activities within the jurisdiction of another country.

Doğru Cevap: A

Soru 77

Which of the following is the belief that an action was carried out because it was a legal obligation?

Ex aequo et bono

Opinio juris sive necessitatis

Erga omnes obligations

In foro demestico

Res judicata

Açıklama:

Opinio juris sive necessitatis is the belief that an action was carried out because it was a legal obligation

Doğru Cevap: B

Soru 78

Which of the following made Switzerland a neutral country?

The Final Act of the Congress of Vienna of 1815

The Peace of Westphalia of 1648

The Peace of Utrecht of 1713

The Treaty of Paris of 1856

The Treaty of Versailles of 1919

Açıklama:

The Final Act of the Congress of Vienna of 1815 made Switzerland a neutral country.

Doğru Cevap: A

Soru 79

When was the Permanent Court of International Justice created?

1911

1921

1931

1941

1951

Açıklama:

The Permanent Court of International Justice was created in 1921.

Doğru Cevap: B

Soru 80

Who coined the term of instant customary international law?

B. Cheng

Oppenheim

Brierly

Kelsen

Starke

Açıklama:

B. Cheng coined the term of instant customary international law.

Doğru Cevap: A

Ünite 3

Soru 1

The old customary rules of international law regarding treaties have been codified and clarified in the Vienna Convention on the Law of Treaties in - - -.
Which of the following options correctly completes the sentence above?

1945

1920

1969

1899

1990

Açıklama:

Prior to 1969, the law of treaties was mainly comprised of customary rules of international law. These rules have been codified and clarified in the 1969 Vienna Convention on the Law of Treaties (referred here as the Convention). The Convention governs the law and practice of treaties concluded between states.

Doğru Cevap: C

Soru 2

Which of the following defined the concept of treaty as an international agreement concluded between states in written form and governed by international law?

L.F.L. Oppenheim.

The Vienna Convention.

Lord McNair.

The League of Nations

The Hague Conventions

Açıklama:

McNair defines treaty as “a written agreement by which two or more states or international organizations create or intend to create a relation between themselves, operating within the sphere of international law” (McNair,1961). According to Oppenheim, international treaties are agreements, of a contractual character, between states or organizations of states, creating legal rights and obligations between the parties (Oppenheim, vol. I, 1992). The Vienna Convention defines treaty as “an international agreement concluded between states in written form and governed by international law” (Art. 2(1)/a).

Doğru Cevap: B

Soru 3

Which of the following is one of the relatively less formal instruments of international law?

Treaty.

Pact.

Constitution.

Arrangement.

Charter.

Açıklama:

The terms treaty, pact, charter, constitution, statute, convention, General Act, Final Act (when it is an independent instrument) are generally used for formal instruments of multilateral character. The terms such as memorandum of understanding, procés vérbal, arrangement, exchange of notes are used for less formal instruments and generally related to transactions of provisional or temporary nature.

Doğru Cevap: D

Soru 4

Which of the following is true about the form or the procedure of international treaties?

Only the entities enjoying international legal personality can be parties to a treaty.

The Vienna Convention denies the legal validity of oral agreements.

An agreement, to be termed as a treaty, should be governed by national law.

International law prescribes a specific form for the making of the treaty.

International law prescribes a specific procedure for the making of the treaty.

Açıklama:

The Vienna Convention is limited to written treaties in the interest of clarity and simplicity,without denying the legal validity of oral agreements. An agreement, to be termed as a treaty, should be governed by international law and not by national law. Like terminology, international law does not prescribe any form or procedure for the making of a treaty, though the constitutional law of certain states prescribes both. Only the entities enjoying international legal personality can be parties to a treaty. Article 6 of the Vienna Convention provides that “every state possesses capacity to conclude treaties.”

Doğru Cevap: A

Soru 5

Which of the following refers to the formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting, or authenticating the text of a treaty?

Deferred signature.

Full powers.

Accession.

Plenipotentiary.

Quid pro quo.

Açıklama:

Full powers is a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty (Art. 2(1)/c, Vienna Convention). Before the start of the formal negotiations of a treaty, normally there is a reciprocal examination of the full powers in order to avoid any trouble resulting from negotiation with a representative, not duly authorized to negotiate.

Doğru Cevap: B

Soru 6

A reservation is - - -.
Which of the following options correctly completes the sentence above?

A unilateral statement made by a state at the time of signing, ratifying, accepting, approving or acceding to a treaty.

The international act whereby a State establishes on the international plane its consent to be bound by a treaty.

A method by which a state becomes a party to a treaty of which it is not a signatory.

A certain kind of treaty which binds or produces effects for third states without their consent.

A formal document emanating from the competent authority of a state designating a person to represent the state.

Açıklama:

A reservation is a unilateral statement made by a state at the time of signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state (Art. 2(1)/d). The object of a state making the reservation is to alter its obligations with regard to other parties. A declaration in the nature of interpretation of certain provisions in a particular way, which does not vary the obligations of that signatory vis-a-vis other signatories, is not a true reservation.

Doğru Cevap: A

Soru 7

Which of the following is not oneof the reasons for absolute invalidity of a treaty?

Error.

Fraudulent conduct.

Corruption.

Threat or use of force.

Conflict with a peremptory norm.

Açıklama:

Error, to be a ground of invalidity, must be the one related to a fact or situation assumed by the state concerned. That fact or situation has formed an essential basis of State’s consent to the treaty. However, (a) if the State has contributed by its own conduct to the error or (b) if the circumstances were such as to put that state on notice of a possible error, or (c) the error related only to the wording of the text of the treaty, it cannot become a ground for the invalidation of the treaty (Art. 48).

Doğru Cevap: A

Soru 8

Compelling law that designates norms from which no derogation is permitted by way of particular agreements is also called - - - .
Which of the following options correctly completes the sentence above?

Jus dispositivum.

Pacta tertiis nec nocent nec prosunt.

Ut res magis valeat quam pereat.

Jus cogens.

Rebus sic stantibus.

Açıklama:

Jus cogens literally means “compelling law.” It designates norms from which no derogation is permitted by way of particular agreements. It stems from the idea already known in Roman law that certain legal rules cannot be contracted out. Jus cogens is opposed to jus dispositivum, i.e., rules that yield to the will of the parties. In case of a contrary disposition of the parties, one can contract out of jus dispositivum but not out of jus cogens.

Doğru Cevap: D

Soru 9

The doctrine of rebus sic stantibus regarding the termination and suspension of treaties implies that - - -.
Which of the following options correctly completes the sentence above?

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.

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 same subject matter.

a violation of a treaty by one party may give the right to other party to 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.

Açıklama:

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.

Doğru Cevap: E

Soru 10

The record of the drafting of a treaty, including the records of negotiations between the participating states and, in some cases, the records of the work of independent bodies of experts is called - - -.
Which of the following options correctly completes the sentence above?

Subsequent practice.

Acquiescence.

Amendment.

Ad idem.

Preparatory work.

Açıklama:

The preparatory work (travaux préparatoires) is, in general terms, the record of the drafting of a treaty, including the records of negotiations between the participating states and, in some cases, the records of the work of independent bodies of experts. Preparatory work may be a manifestation of the common intention of the parties to the treaty.

Doğru Cevap: E

Soru 11

Which of the following concepts refers to a written agreement by which two or more states or international organizations create or intend to create a relation between themselves, operating within the sphere of international law?

Treaty

General principles of law

Custom

Opinio juris

Jus Cogens

Açıklama:

Doğru Cevap: A

Soru 12

Which of the following concepts does not generally refer to formal instruments of multilateral character?

Pact

Statute

Convention

Final Act

Memorandum of Understanding

Açıklama:

Doğru Cevap: E

Soru 13

Prior to 1969, the law of treaties was mainly comprised of customary rules of international law. These rules have been codified and clarified in the - - - on the Law of Treaties.
Which of the following options correctly completes the sentence above?

Vienna Convention

Declaration of Paris

Rome Statute

Declaration of St. Petersburg

Hague Conventions

Açıklama:

Prior to 1969, the law of treaties was mainly comprised of customary rules of international law. These rules have been codified and clarified in the 1969 Vienna Convention on the Law of Treaties

Doğru Cevap: A

Soru 14

Which of the following characteristics should an agreement have for it to be considered a treaty?

It should be embodied in a written instrument between two or more entities;

Those entities should be endowed with international personality;

It should be governed by international law;

It should be prepared by the United Nations.

I and II

II and IV

III and IV

I, II and III

I, II and IV

Açıklama:

Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty:
• it should be embodied in a written instrument between two or more
entities;
• those entities should be endowed with international personality; and
• it should be governed by international law.

Doğru Cevap: D

Soru 15

Which of the following is defined as some favor or advantage given to someone in return for something they have done?

Quid pro quo

Unilateral declaration

Ex officio

Lex commissoria

Erga omnes

Açıklama:

Quid pro quo means thatsome favor or advantage given to someone in return for something they have done

Doğru Cevap: A

Soru 16

Which of the following is the one of the three main approaches to treaty interpretation?

Textual

Oral

Extraordinary

Written

Ordinary

Açıklama:

There are three main approaches to treaty
interpretation:
• Textual (ordinary meaning of the words),
• The intention of the parties,
• Teleological (the object and purpose of the treaty).

Doğru Cevap: A

Soru 17

Which of the following approaches to treaty interpretation refers to ordinary meaning of the words?

Textual

The intention of the parties

Teleological

The object of the treaty

The purpose of the treaty

Açıklama:

There are three main approaches to treaty
interpretation:
• Textual (ordinary meaning of the words),
• The intention of the parties,
• Teleological (the object and purpose of the
treaty).

Doğru Cevap: A

Soru 18

Which of the following is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty?

Change

Amendment

Modification

Revision

Development

Açıklama:

Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty.

Doğru Cevap: B

Soru 19

Which of the following is about inter-se agreements concluded between
certain parties and it refers to varying the provisions of the treaty in their mutual relations?

Change

Development

Amendment

Modification

Classification

Açıklama:

Modification is about inter-se agreements concluded between certain parties and it refers to varying the provisions of the treaty in their mutual relations.

Doğru Cevap: D

Soru 20

Which one of the following terms is used for more formal types of agreements?

memorandum of understanding

procés vérbal

charter

arrangement

exchange of notes

Açıklama:

The terms treaty, pact, charter, constitution, statute, convention, General Act, Final Act (when it is an independent instrument) are generally used for formal instruments of multilateral character

Doğru Cevap: C

Soru 21

I. it should be orally confirmed by the leaders of two or more entities II. The entities should be endowed with international personality III. it should be governed by international law Which one(s) of the statements above is/are among the characteristics of a treaty?

Only I

Only II

Only III

I-II

II-III

Açıklama:

Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty:
• it should be embodied in a written instrument between two or more entities;
• those entities should be endowed with international personality; and
• it should be governed by international law

Doğru Cevap: E

Soru 22

Which one of the following terms refers to the formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty?

unilateral declaration

quid pro quo

protectorate

full powers

ex officio

Açıklama:

Doğru Cevap: D

Soru 23

Which one of the following steps of making a treaty includes a government's approval of the treaty in question?

Accession

Ratification

Commencement

Authentication

Negotiation

Açıklama:

Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty” (Art. 2(1)/b, Vienna Convention). Ratification is an act of government to approve the treaty in question.

Doğru Cevap: B

Soru 24

Which one of the following approaches supports that a state making reservation (the reserving state) can do so only with the consent of other contracting parties?

Pan American Union approach

traditional approach

modern approach

textual

Teleological

Açıklama:

According to the traditional approach, a state making reservation (the reserving state) can do so only with the consent of other contracting parties. The application of this principle is not difficult in the case of a bilateral treaty or with
limited membership

Doğru Cevap: B

Soru 25

Which one of the following is not among the factors that might cause the invalidity of a treaty?

Violation of domestic law

Error

Fraud and corruption of the state representative

Extension of the reservation

Coercion

Açıklama:

Violation of domestic law, Error, Fraud and corruption of the state representative, and Coercion are among the reasons that might lead a treaty become invalid

Doğru Cevap: D

Soru 26

Which one of the following terms is used if, at the time of its conclusion, a treaty conflicts with a peremptory norm of general international law?

Conflict with a Norm of Jus Cogens

Coercion

Fraud and corruption of the state representative

Error

Violation of domestic law

Açıklama:

A treaty is void ab initio (from the beginning), if at the time of its conclusion it conflicts with a peremptory norm of general international law, i.e., jus cogens (Art. 53). “If a new peremptory norm of general international law emerges, any
existing treaty which is in conflict with that norm becomes void and terminates” (Art. 64). Thus, a treaty is void if it is in contradiction with the existing or new jus cogens.

Doğru Cevap: A

Soru 27

Which one of the followig terms stands for the the violation of a provision essential to the accomplishment of the object or purpose of a treaty?

bilateral treaty

multilateral treaty

material breach

supervening impossibility

peremptory norm

Açıklama:

A material breach refers to “the violation of a provision essential to the accomplishment of the object or purpose of a treaty” (Art. 60/3(b)).

Doğru Cevap: C

Soru 28

I. Teleological
II. Traditional
III. Modern
Which one(s) of the approaches above is/are among the three main approaches to treaty interpretation?

Only I

Only II

Only III

I-II

II-III

Açıklama:

There are three main approaches to treaty interpretation:
• Textual (ordinary meaning of the words),
• The intention of the parties,
• Teleological (the object and purpose of the treaty).

Doğru Cevap: A

Soru 29

Which one of the following terms is related to the individual provisions of a treaty?

Amendment

Revision

Modification

Circumstances of the conclusion

Acquiescence

Açıklama:

The concepts of amendment, revision, and modification connote the process of altering the provisions of treaties. Amendment is related to the individual provisions of a treaty

Doğru Cevap: A

Soru 30

In term of the process of altering the provisions of treaties, which of the following concerns with the general review of the whole treaty?

Revision

Amendment

Modification

Acquiescence

Breach

Açıklama:

The concepts of amendment, revision, and modification connote the process of altering the provisions of treaties. Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty. The correct answer is A.

Doğru Cevap: A

Soru 31

In term of the process of altering the provisions of treaties, which of the following is related to the individual provisions of a treaty?

Acquiescence

Amendment

Breach

Revision

Modification

Açıklama:

Doğru Cevap: B

Soru 32

In term of the process of altering the provisions of treaties, which of the following is about inter-se agreements concluded between certain parties and refers to varying the provisions of the treaty in their mutual relations?

Revision

Breach

Modification

Acquiescence

Amendment

Açıklama:

Modification is about inter-se agreements concluded between certain parties and it refers to varying the provisions of the treaty in their mutual relations. The correct answer is C.

Doğru Cevap: C

Soru 33

Which of the following is a situation in which modifications to a multilateral treaty are permitted?

When only one of the countries subject to the treaty demand it.

Even if the modification in question is prohibited by the treaty.

If the modification affects the rights and obligations of other parties under the treaty.

Two or more parties to a multilateral treaty agree and give notice to other parties.

If the modification relates to a provision, derogation from which is incompatible with the purpose of the treaty.

Açıklama:

Two or more parties to a multilateral treaty, subject to the provisions of the treaty itself and by giving notice to other parties, can conclude an agreement to modify the treaty between themselves. However, such an agreement is not permitted if:
• the modification in question is prohibited by the treaty, or
• it affects the rights and obligations of other parties under the treaty, or
• it relates to a provision, derogation from which is incompatible with the effective execution of the object and purpose of the treaty as a whole (Art. 41). The correct answer is D.

Doğru Cevap: D

Soru 34

Who defined treaties as “agreements, of a contractual character, between states or organizations of states, creating legal rights and obligations between the parties"?

Starke

McNair

Schwarzenberger

Brierly

Oppenheim

Açıklama:

According to Oppenheim, international treaties are agreements, of a contractual character, between states or organizations of states, creating legal rights and obligations between the parties (Oppenheim, vol. I, 1992). The Vienna Convention defines treaty as “an international agreement concluded between states in written form and governed by international law” (Art. 2(1)/a). Thus, every treaty is an agreement, but not all agreements are treaties. The correct answer is E.

Doğru Cevap: E

Soru 35

Which of the following is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty”?

Ratification

Accession

Termination

Commencement

Authentication

Açıklama:

Doğru Cevap: A

Soru 36

Which of the following is a method by which a state becomes a party to a treaty of which it is not a signatory?

Ratification

Accession

Termination

Commencement

Authentication

Açıklama:

Accession, adhesion or adherence is a method by which a state becomes a party to a treaty of which it is not a signatory. Under the earlier practice, accession could be made only after the treaty had come into force. According to present practice, a non-signatory state may accede before or after the treaty has come into force. The correct answer is B.

Doğru Cevap: B

Soru 37

Which of the following grounds for the invalidity of a treaty refers to a situation in which a treaty's conclusion is procured by the threat or use of force in violation of the principles of the UN Charter?

Violation of peremptory norms

Coercion

Fraud

Error

Violation of domestic law on treaty-making

Açıklama:

A treaty becomes void if its conclusion was procured by the threat or use of force in violation of the principles of the UN Charter. Coercion can be of a state’s representative (Art. 51) or of a state (Art. 52). The use of coercion against the representative of a state for the purposes of procuring the conclusion of a treaty would be a serious matter that is sufficient to declare the treaty devoid of any legal consequence. In practice, sometimes it becomes difficult to make a distinction between the coercion directed at a state or its representative. The correct answer is B.

Doğru Cevap: B

Soru 38

Concerning all the recorded instances in which errors were alleged to have invalidated certain treaties, what were those errors?

Timing errors

Errors about people

Errors about numbers

Geographical errors

Errors about representatives

Açıklama:

Article 48 the Vienna Convention considers error or mistake a reason to invalidate a treaty. The state practice, however, is scanty in this regard. All the recorded instances in which errors were alleged to have invalidated certain treaties were related to geographical errors, and mostly errors in maps. Both the ICJ and the PCIJ have had the occasion to consider the pleas of error, which were rejected. This is evident in the Temple of Preah Vihear case (Cambodia v. Thailand, 1962) and the Mavrommatis case (Greece v. United Kingdom, 1924). The correct answer is D.

Doğru Cevap: D

Soru 39

Which of the following refers to “the violation of a provision essential to the accomplishment of the object or purpose of a treaty”?

Amendment

Modification

Revision

Coercion

Material breach

Açıklama:

According to the Vienna Convention, only a material breach entitles a party to withdraw from a treaty. A material breach refers to “the violation of a provision essential to the accomplishment of the object or purpose of a treaty” (Art. 60/3(b)). The correct answer is E.

Doğru Cevap: E

Soru 40

Vienna Convention on the Law of Treaties codified and clarified the customary rules of international law that comprised of the law of treaties. Which year was the Convention held?

1969

1945

1922

1983

1978

Açıklama:

Doğru Cevap: A

Soru 41

I. Verbal agreement,
II. At least two parties,
III. Bound by international law,
IV. Parties with international personalities.
Which of the listed above is needed for an agreement to be considered as a treaty?

Only I.

I & II.

I, II & III.

Only IV.

II, III & IV.

Açıklama:

Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty: it should be embodied in a written instrument between two or more entities; those entities should be endowed with international personality; and it should be governed by international law. Therefore, the correct option is E.

Doğru Cevap: E

Soru 42

Which of the followings refers to some favor or advantage given to someone in return for something they have done?

Sine qua non.

Erga omnes.

Quid pro quo.

Primus inter pares.

Persona non grata.

Açıklama:

Quid pro quo: some favor or advantage given to someone in return for something they have done (Cambridge Dictionary). Therefore, the correct option is C.

Doğru Cevap: C

Soru 43

Even if delegates have agreed upon a text, it might be referred to their governments for further action in the acceptance of the treaty.
Which of the following conditions does not require this action?

If the treaty is subject to ratification.

If the treaty is subject to accession.

If the treaty is subject to signature.

If the treaty is subject to acceptance.

If the treaty is subject to approval.

Açıklama:

If the treaty is subject to ratification, acceptance, approval or accession, signature merely signifies that the delegates have agreed upon a text that will be referred to their governments for further action in the acceptance of the treaty. Therefore, the correct option is C.

Doğru Cevap: C

Soru 44

Which of the followings refers to an act of government to approve the treaty in question?

Acceptance.

Approval.

Signature.

Accession.

Ratification.

Açıklama:

Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty”. Ratification is an act of government to approve the treaty in question. Therefore, the correct option is E.

Doğru Cevap: E

Soru 45

What is the definition of plenipotentiary in terms of treaties?

An elected representative.

An appointed bureaucrat by the president.

Minister of foreign affairs.

A representative with full powers.

Each party of a treaty.

Açıklama:

Treaty becomes binding on the state after ratification. Ratification presupposes signing of a treaty by the duly appointed plenipotentiary (person having full powers). Therefore, the correct option is D.

Doğru Cevap: D

Soru 46

Which of the followings refers to the final act of a state to be bound by a treaty?

Acceptance.

Approval.

Signature.

Ratification.

Accession.

Açıklama:

Accession is normally a final act of a state to be bound by a treaty; it does not require ratification unless so provided in the instrument of accession. Therefore, the correct option is E.

Doğru Cevap: E

Soru 47

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.

Açıklama:

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.

Doğru Cevap: A

Soru 48

Which of the followings refers to unilateral statement made by a state at the time of signing, ratifying, accepting, approving or acceding to a treaty?

Rationale.

Reservation.

Preamble.

Provision.

Condition.

Açıklama:

Doğru Cevap: B

Soru 49

Which of the followings refers to a law designating norms from which no derogation is permitted by way of particular agreements?

Bona fide.

Jus cogens.

De facto.

Ex concessis.

Ipso facto.

Açıklama:

Doğru Cevap: B

Soru 50

According to the Vienna Convention, which of the following refers to an international agreement concluded between states in written form and governed by international law?

Treaty

Accession

Executive order

Ratification

Amendment

Açıklama:

According to the Vienna Convention, treaty refers to an international agreement concluded between states in written form and governed by international law.

Doğru Cevap: A

Soru 51

I- A treaty should be embodied in a written instrument between two or more entities.
II- Entities party to a treaty should be endowed with international personality.
III- A treaty should be governed by international law.
IV- The Vienna Convention denies the legal validity of oral agreements.
Which of the above is among the characteristics of a treaty?

Only I

I and II

II and III

I,II and III

I, II, III, and IV

Açıklama:

A treaty should have these three characteristics:
I- A treaty should be embodied in a written instrument between two or more entities.
II- Entities party to a treaty should be endowed with international personality.
III- A treaty should be governed by international law.

Doğru Cevap: D

Soru 52

In the absence of any provision in the constitution to the contrary, the treaty-making power resides in .... .
Which of the following options correctly completes the sentence above?

the Head of a State

the Parliament

the Government

the Foreign Minister

the Supreme Court

Açıklama:

In the absence of any provision in the constitution to the contrary, the treaty-making power resides in the Head of a State.

Doğru Cevap: A

Soru 53

Which of the following can be a first step in the making of treaties?

Authentication

Negotiation and adoption

Commencement

Ratification

Accession

Açıklama:

Negotiation and adoption of the text is the first step in the making of treaties.

Doğru Cevap: B

Soru 54

Which of the following refers to a unilateral statement made by a state at the time of signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state?

Ratification

Accession

Negotiation

Reservation

Obligation

Açıklama:

Doğru Cevap: D

Soru 55

According to ..., a state making reservation (the reserving state) can do so only with the consent of other contracting parties.
Which of the following options correctly completes the sentence above?

the traditional approach

the Pan American Union approach

the modern approach

the functional approach

the pragmatic approach

Açıklama:

According to the traditional approach, a state making reservation (the reserving state) can do so only with the consent of other contracting parties.

Doğru Cevap: A

Soru 56

I- Violation of domestic law on treaty-making
II- Error
III- Fraud and corruption of the state representative
IV- Coercion
V- Conflict with a norm of jus cogens
Which of the above is among the situations in which a treaty may be rendered invalid?

Only I

I and II

I, II and III

I, II, III and IV

I, II, III, IV and V

Açıklama:

Situations in which a treaty may be rendered invalid can be stated as follows:
I- Violation of domestic law on treaty-making
II- Error
III- Fraud and corruption of the state representative
IV- Coercion
V- Conflict with a norm of jus cogens

Doğru Cevap: E

Soru 57

A party to a treaty may be discharged from its obligations, or a treaty may be terminated due to several reasons except for ...
Which of the following options correctly completes the sentence above?

the will of parties

a breach of treaty by a party

a supervening impossibility

a fundamental change of circumstances

the use of force

Açıklama:

A party to a treaty may be discharged from its obligations, or a treaty may be terminated due to several reasons except for the use of force.

Doğru Cevap: E

Soru 58

Which of the following is important to ascertain the true meaning of the text of a treaty?

Interpretation

Application

Modification

Revision

Amendment

Açıklama:

Interpretation is important to ascertain the true meaning of the text of a treaty.

Doğru Cevap: A

Soru 59

I- Treaties of cession
II- Boundary treaties
III- Treaties relating to international settlements
IV- Treaties establishing special regimes
Which of the above is among the examples of dispositive treaties and constitutive treaties?

Only I

I and II

I, II and III

II, III and IV

I, II, III and IV

Açıklama:

Dispositive treaties and constitutive treaties include treaties of cession, boundary treaties, treaties relating to international settlements, and treaties establishing special regimes.

Doğru Cevap: E

Soru 60

One of the characteristics that an agreement should have in order for it to be considered a treaty is:

It must be an agreement between the heads of states of the concerned countries.

It must be an agreement between the Ministers of Foreign Affairs of the concerned countries.

It should be embodied in a written instrument between two or more entities.

It should be governed by national laws of the concerned countries.

It should be signed between protectorates.

Açıklama:

Irrespective of the form or terminology of a particular instrument, one of the characteristics that an agreement should have to be considered as a treaty is that it should be embodied in a written instrument between two or more entities.

Doğru Cevap: C

Soru 61

How does The Vienna Convention define treaty?

Treaty is the ubiquitous tool through which all kinds of international transactions are conducted.

Treaty is a written agreement by which two or more states or international organizations create or intend to create a relation between themselves, operating within the sphere of international law.

A treaty is an international agreement concluded between states in written form and governed by international law.

Treaties are agreements, of a contractual character, between states or organizations of states, creating legal rights and obligations between the parties.

Treaty is every kind of agreement.

Açıklama:

The Vienna Convention defines treaty as “an international agreement concluded between states in written form and governed by international law”.

Doğru Cevap: C

Soru 62

What is the meaning of 'ratification' ?

Ratification is a method by which a state becomes a party to a treaty of which it is not a signatory.

Ratification is a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty.

Ratification is some favor or advantage given to someone in return for something they have done.

Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty”.

Ratification is a unilateral statement made by a state at the time of signing a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state.

Açıklama:

Doğru Cevap: D

Soru 63

Which of the statements below is true according to the modern approach on making reservations?

If a party to the Convention objects to another party's reservation which it considers to be incompatible with the object and purpose of the Convention, it can consider that the reserving state is not a party to the Convention.

A state can make reservation even without the consent of all other contracting parties.

A State which has made and maintained a reservation that has been objected to by one or more of the parties to the Convention, can be regarded as being a party to the Convention even if the reservation is not compatible with the object and purpose of the Convention.

A treaty shall be in force between a state that has ratified it with reservations and another which may have already ratified and which does not accept such reservations.

A State which has made and maintained a reservation that has been objected to by one or more of the parties to the Convention can not be regarded as being a party to the Convention even if the reservation is compatible with the object and purpose of the Convention.

Açıklama:

The modern approach is based upon the ICJ’s advisory opinion in the Reservations to the Genocide Convention case (1951). According to this approach if a party to the Convention objects to a reservation which it considers to be incompatible with the object and purpose of the Convention, it can, in fact, consider that the reserving state is not a party to the Convention, and if a party accepts the reservation as being compatible with the object and purpose of the Convention, it can, in fact, consider that the reserving state is a party to the Convention.

Doğru Cevap: A

Soru 64

If a new peremptory norm of general international law emerges, what happens with any existing treaty which is in conflict with that norm and why?

Treaty does not terminate as it had started before the new norm emerged.

Treaty does not terminate but some aspects of it may be changed in order for it to be more compatible with the new norm.

Treaty terminates on grounds of fraud.

Treaty becomes void and terminates on grounds of violation of domestic laws.

Treaty becomes void and terminates because it is in contradiction with jus cogens.

Açıklama:

A treaty is void ab initio (from the beginning), if at the time of its conclusion it conflicts with a peremptory norm of general international law, i.e., jus cogens (Art. 53). “If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates” (Art. 64). Thus, a treaty is void if it is in contradiction with the existing or new jus cogens.

Doğru Cevap: E

Soru 65

In which of the situations below a treaty is not rendered invalid?

If its conclusion was procured by the threat or use of force in violation of the principles of the UN Charter.

If there is an error related only to the wording of the text of the treaty.

If the expression of a state’s consent to be bound by a treaty has been procured through the corruption of its representative by another negotiating state.

If at the time of its conclusion the treaty conflicts with a peremptory norm of general international law.

If the state's consent to be bound by the treaty has been expressed in violation of a provision of its internal law and this violation is manifest and concerns a rule of internal law of fundamental importance.

Açıklama:

Error, to be a ground of invalidity, must be the one related to a fact or situation assumed by the state concerned. However if the error is related only to the wording of the text of the treaty, it cannot become a ground for the invalidation of the treaty.

Doğru Cevap: B

Soru 66

What does the term 'material breach' refer to?

The violation of a provision essential to the accomplishment of the object or purpose of a treaty.

The juridical status of treaties.

A right arised for a third State from a provision of a treaty if the parties to the treaty intend the provision to accord that right to the third State.

Some favor or advantage given to someone in return for something they have done.

The records of negotiations between the states participating in a treaty and, in some cases, the records of the work of independent bodies of experts.

Açıklama:

Doğru Cevap: A

Soru 67

Which of the alternatives below describes a situation where a treaty can be terminated?

The temporary destruction of an object indispensable for the execution of the treaty.

A fundamental change of circumstances in a treaty which establishes a boundary.

A fundamental change of circumstances as a result of a breach by the party invoking it of an obligation under the treaty.

The permanent submergence of an island which is indispensable for the execution of the treaty.

When there exists a supervening impossibility as a result of some default of the invoking party.

Açıklama:

A treaty may be terminated due to a supervening impossibility. This may result from “the permanent disappearance or destruction of an object indispensable for the execution of the treaty” (Art. 61/1). The ILC illustrates these circumstances as the submergence of an island which is indispensable for the execution of a treaty.If the impossibility is not permanent, it may be invoked only as a ground for suspending the operation of the treaty.

Doğru Cevap: D

Soru 68

Teleological approach to treaty interpretation refers to............
What completes the sentence above?

Ordinary meaning of the words.

The intention of the parties.

The object and purpose of the treaty.

The background of the treaty.

The context of the treaty.

Açıklama:

There are three main approaches to treaty interpretation:
• Textual (ordinary meaning of the words)
• The intention of the parties
• Teleological (the object and purpose of the treaty).

Doğru Cevap: C

Soru 69

The modification in question is not allowed by the treaty.

It affects the rights of other parties under the treaty.

It does not affect the obligations of other parties under the treaty.

It relates to a provision from which is incompatible with the effective execution of the object and purpose of the treaty as a whole.

It relates to a derogation from which is incompatible with the effective execution of the object and purpose of the treaty as a whole.

Açıklama:

Doğru Cevap: C

Soru 70

Which of the terms below are generally used for formal instruments of multilateral character?

Memorandum of understanding

Procés vérbal

Treaty

Arrangement

Exchange of notes

Açıklama:

Doğru Cevap: C

Soru 71

Which of the characteristics below are the ones an agreement should have in order to be considered as a treaty?
I. It should be embodied in a written instrument at least between three entities.
II.Those entities should be endowed with international personality
III. It should be governed by international law

II and III

I and III

III

I and II

Açıklama:

Irrespective of the form or terminology of a particular instrument, an agreement should have
the following characteristics to be considered as a treaty:
• it should be embodied in a written
instrument between two or more
entities;
• those entities should be endowed with
international personality; and
• it should be governed by international law.
I

Doğru Cevap: A

Soru 72

______________ is a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty.
What is defined above?

Amendment

Full powers

Accession

Unilateral Declaration

Legal Personality

Açıklama:

Full powers is a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty.Before the start of the formal negotiations of a treaty, normally there is a reciprocal examination of the full powers in order to avoid any trouble resulting from negotiation with a representative, not duly authorized to negotiate. Through the conclusion of less formal agreements between the departments of two governments, the practice of production of full powers by states is now increasingly dispensed with.

Doğru Cevap: B

Soru 73

________________ is a method by which a state becomes a party to a treaty of which it is not a signatory.
What is defined above?

Ratification

Reservation

Preparatory Work

Modification

Accession

Açıklama:

Doğru Cevap: E

Soru 74

_____________________ designates norms from which no derogation is permitted by way of particular agreements?

Ratification

Legal Personality

Jus Cogens

Modification

Pacta Sunt Servanda

Açıklama:

Doğru Cevap: C

Soru 75

Preparatory Work... .

is the most reliable evidence as to the correct interpretation of a treaty

is alteration of particular provisions and the general review of the whole treaty

it refers to varying the provisions of the treaty in their mutual relations.

is the record of the drafting of a treaty

is important to ascertain the true meaning of the text of a treaty

Açıklama:

Doğru Cevap: D

Soru 76

... for the purpose of the interpretation of a treaty shall comprise, including its preamble and annexes, any agreement relating to the treaty made between all the parties in connection with the conclusion of the treaty. It will also include any instrument that was made by one or more parties in connection with the conclusion of the treaty and accepted by other parties.
Which of the following is defined in the paragraph above?

Application

Interpretation

Context

Coercion

Jus cogens

Açıklama:

The “context” has been used in a wider sense, including the background of the treaty and not confined merely to the text of the treaty. In addition to the text, the context for the purpose of the interpretation of a treaty shall comprise, including its preamble and annexes, any agreement relating to the treaty made between all the parties in connection with the conclusion of the treaty. It will also include any instrument that was made by one or more parties in connection with the conclusion of the treaty and accepted by other parties

Doğru Cevap: C

Soru 77

What does "the permanent disappearance or destruction of an object indispensable for the execution of the treaty” result in?

Interpretation

Application

Modification

Amendment

Supervening impossibility

Açıklama:

A party to a treaty may be discharged from its obligations, or a treaty may be terminated due to a supervening impossibility. This may result from “the permanent disappearance or destruction of an object indispensable for the execution of the treaty.”

Doğru Cevap: E

Soru 78

Which of the terms below are common to both formal and less formal types of agreements?

Final Act

General Act

Convention

Constitution

Declaration

Açıklama:

The terms like declarations, agreements, modus vivendi or joint communiqué are common
to both formal and less formal types of agreements.

Doğru Cevap: E

Ünite 4

Soru 1

Which of the following is not a characteristic that defines the concept of subjects of international law?

The capacity to find a solution for discrepancies among individuals in a certain community

An incumbent of rights and duties under international law

The holder of procedural privilege of prosecuting a claim before an international tribunal

The possessor of interests for which provision is made by international law

The capacity to conclude treaties with states and international organizations

Açıklama:

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 (Starke 1989: 58).

Doğru Cevap: A

Soru 2

Which of the following is not among the certain characteristics for an entity to be considered a state?

Territory

Population

Policy

Government

Sovereignty

Açıklama:

An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty

Doğru Cevap: C

Soru 3

Sometimes the extent of factual dependency of one state upon another is so great that it is no more than a - - - . In that case, it would not be meeting the requirement of independence, which is necessary for Statehood.
Which of the following correctly completes the sentence above?

non-democracy

colony

puppet state

third-world state

least developed state

Açıklama:

Sometimes the extent of factual dependency of one state upon another is so great that it is no more than a “puppet state.” In that case, it would not be meeting the requirement of independence, which is necessary for Statehood

Doğru Cevap: C

Soru 4

Which of the following is not among the mini states or microstates that have claimed statehood in Europe?

Manchuria

Andorra

Monaco

San Marino

Liechtenstein

Açıklama:

In recent years, many new mini states or microstates have claimed Statehood. Entities like Andorra (under the joint protection of France and Spain), Monaco (France looks after its defense and a guarantor of its sovereignty), San Marino and Liechtenstein have survived on the European scene

Doğru Cevap: A

Soru 5

Which of the following statements is false about independence and Statehood?

Independence is crucial for statehood.

An entity must have a certain size of territory to declare statehood.

Independence should be achieved in accordance with the principle of self-determination.

States that are subject to the authority of one or more states are known as “dependent states”.

Independence is considered to be a normal characteristic of a state as a subject of international law.

Açıklama:

Independence is crucial for Statehood, but not the size of that entity’s territory. In recent years, many new mini states or microstates have claimed Statehood.

Doğru Cevap: B

Soru 6

Crimea declared independence from Ukraine after a referendum on March 16, 2014. The subsequent claim and annexation by the Russian Federation on March 18, 2014 was also widely criticized. The .... in its resolution of April 1, 2014, rejected the referendum vote and annexation.
Which of the following correctly completes the sentence above?

Organization of the Black Sea Economic Cooperation

International Court of Justice

UN Security Council

UN General Assembly

UN Trusteeship Council

Açıklama:

As for Crimea, its declaration of independence from Ukraine after a referendum on March 16, 2014 and the subsequent claim and annexation by the Russian Federation on March 18, 2014 was widely criticized. The UN General Assembly, in its resolution of April 1, 2014, rejected the referendum vote and annexation

Doğru Cevap: D

Soru 7

Which of the following territories in class C mandates is correctly matched with its Mandatory?

South-west Africa - South Africa

Pacific Islands north of the Equator - China

Western Samoa - Australia

New Guinea - New Zealand

Nauru - France

Açıklama:

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).

Doğru Cevap: A

Soru 8

Which of the following statements about protectorate is false?

It is always the creation of a certain treaty.

It involves a certain measure of control.

It involves a total or partial loss of sovereignty.

Whether the protectorate has an international personality depends upon its independent actions.

The European nations, during the era of colonization, rejected to adopt any modes of protection.

Açıklama:

-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.
”.The European nations, during the era of colonization, had adopted different modes of protection that would serve their purposes.

Doğru Cevap: E

Soru 9

As the first example of an international organization, when was the Central Commission for Navigation on the Rhine created?

1919

1899

1815

1908

1789

Açıklama:

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

Doğru Cevap: C

Soru 10

Which of the following is the most important characteristic of the international personality of an entity?

Size of population

Treaty-making power

Size of territory

Size of membership

Strength of democracy

Açıklama:

The most important characteristic of the international personality of an entity is its treatymaking power. The treaty-making power of international governmental organizations is well entrenched in the United Nations practice.

Doğru Cevap: B

Soru 11

Which of the following was not a Class C mandate, devised by the League of Nations following World War I?

Nauru

New Guinea

South-West Africa

Palestine

Western Samoa

Açıklama:

-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).

Doğru Cevap: D

Soru 12

Which of the following international-law concepts refers to 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

Terrorism

Extradition

Hijacking

Blocade

Açıklama:

Piracy (piracy jure gentium): 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

Doğru Cevap: A

Soru 13

Which of the following refers to 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 Stimson Doctrine

The Estrada doctrine

Declaratory theory

Collective recognition

Constitutive theory

Açıklama:

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.

Doğru Cevap: A

Soru 14

Which of the following statements is false about international organizations?

The first example of an international organization is the Central Commission for Navigation on the Rhine.

The international personality of organizations can be ascertained by looking at their constitutions.

After the Second World War, there has been a decline in the number of international organizations.

International organizations may be either universal or regional.

International organizations are established by treaties.

Açıklama:

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. After the Second World War, there has been a tremendous growth in the number of international organizations. Such organizations may be either universal (such as the UN and the ILO) or regional (such as the European Union and the African Union). International organizations are established by treaties and their international personality can be ascertained by looking at their constitutions.

Doğru Cevap: C

Soru 15

Which of the following is not one of means of the term “subjects of international law”?

An incumbent of rights and duties under international law

The holder of procedural privilege of prosecuting a claim before an
international tribunal;

The possessor of interests for which provision is made by international law;

The capacity to conclude treaties with states and international organizations

Certain entities such as companies, public corporations, institutions, and idols

Açıklama:

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;
(d) the capacity to conclude treaties with states and international organizations (Starke 1989: 58).
Certain entities is not one of those.

Doğru Cevap: E

Soru 16

Which of the following is not one of the certain characteristics of an entity to be considered a state?

Territory

Population

Government

Democratic method of management

Sovereignty

Açıklama:

An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty. Democratic method of management is not one of them.

Doğru Cevap: D

Soru 17

When was the Central Commission for Navigation on the Rhine (CCNR) was created?

1815

1852

1872

1912

1915

Açıklama:

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.

Doğru Cevap: A

Soru 18

European Union

African Union

Which of the above is considered as regional organizations?

Only III

I and II

III and IV

I, II and IV

I, III and IV

Açıklama:

Such organizations may be either universal (such as the UN and the ILO) or regional (such as the European Union and the African Union).

Doğru Cevap: C

Soru 19

Which one is not considered as non-self-governing territories?

Independent territories

Colonies

Protectorates

Trusteeship

Mandate territories

Açıklama:

Non-self-governing territories - colonies, protectorates, trusteeship and mandate territories. Capacity to conduct international relations is significant in deciding the international personality of an entity. "Independent territories" is not one of them.

Doğru Cevap: A

Soru 20

When was the Special Committee on Decolonization (the Committee of 24) to assist in the implementation of Resolution 1514 established?

1961

1965

1972

1975

1982

Açıklama:

In 1961, the General Assembly established the Special Committee on Decolonization (the Committee of 24) to assist in the implementation of Resolution 1514.

Doğru Cevap: A

Soru 21

How the "de jure recognition" is declared by article 6 of the 1933 Montevideo Convention?

Conditional and revocable

Unconditional and irrevocable

Independent and innovative

Unamendable and compatible

Compatible and unamendable

Açıklama:

Article 6 of the 1933 Montevideo Convention declares that de jure recognition is “unconditional and irrevocable.”

Doğru Cevap: B

Soru 22

In which century the principle of "uti possidetis" was developed?

15th

16th

17th

18th

19th

Açıklama:

The principle of uti possidetis was developed in the 19th century when the Spanish America was decolonized.

Doğru Cevap: E

Soru 23

The Biafrans

The Somalis

The Tamilians

The Crimeans

Which of the above nations have been denied the right of Self-Determination so far?

Only IV

I and II

II and IV

I, II, III

I, III, IV

Açıklama:

The principle, as enshrined in Resolution 1514, had not been extended beyond the then existing colonies under the minority White régimes. The post-colonial States are reluctant to allow their minorities to exercise the right of self-determination, as it is disruptive to national integrity and international security. Thus, the Biafrans (in Nigeria), the Somalis (in Kenya), and the Tamilians (in Sri Lanka) have been denied this right so far.

Doğru Cevap: D

Soru 24

Which of the following is the first example of an international organization?

CCNR

ECSC

ILO

NAFTA

EURATOM

Açıklama:

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.

Doğru Cevap: A

Soru 25

Which one of the following terms refers to 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

Trusteeship

mandate system

protectorate

uti possidetis

Açıklama:

Doğru Cevap: A

Soru 26

I. International Criminal Tribunal for the former Yugoslavia
II. The Special Court for Sierra Leone
III. International Criminal Tribunal for Rwanda
Which one(s) of these is/are among the international criminal tribunals established during the 1990s?

Only I

Only II

Only III

I-II

I-III

Açıklama:

In 1990’s, two international criminal tribunals were established to deal with crimes that resulted mainly from internal armed conflicts to prosecute and punish those involved in serious violation of international humanitarian law, regardless of their official position. In May 1993, the Security Council constituted the International Criminal Tribunal for the former Yugoslavia, followed by the International Criminal Tribunal for Rwanda in November 1994. The Special Court for Sierra Leone was established in January 2002

Doğru Cevap: E

Soru 27

Which one of the following considers that a new state or a new government exists independent of recognition?

collective recognition

constitutive theory

declaratory theory

implied recognition

express recognition

Açıklama:

In contrast to the constitutive theory, the declaratory theory (also called evidentiary theory) considers that a new state or a new government exists independent of recognition.

Doğru Cevap: C

Soru 28

Which one of the following 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 doctrine of non-recognition

The Estrada doctrine

Tobar doctrine

The declaratory theory

The constitutive theory

Açıklama:

Doğru Cevap: A

Soru 29

Which one of the following terms is referred when the new state or government, in the opinion of the recognizing state, fulfils all the attributes essential for its effective participation in the international community, and it may grant the recognition to the latter formally?

express recognition

de jure recognition

de facto recognition

locus standi

Coup d’etat

Açıklama:

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.

Doğru Cevap: B

Soru 30

For Statehood, which of the followings is naturally and basically required?

Fixed boundaries.

Population.

Protégé.

Judiciary.

Religion.

Açıklama:

Page 92.
For Statehood, “the existence of a permanent population is naturally required and there is no specification of a minimum number of inhabitants, as examples such as Nauru and Tuvalu demonstrate”. However, the lack of a permanent population (i.e., the shifting element in population such as the nomad tribes on the KenyanEthiopian border), or non-existence of fixed boundaries are not enough to affect the existence of a state. The State practices as well as the judicial and arbitral decisions have clearly establish that it is not necessary for an entity to have exactly defined or undisputed boundaries to be a state either at the time when it comes into existence or subsequently. Therefore, the correct option is B.

Doğru Cevap: B

Soru 31

Which of the followings is directly parallel to the principle of self-determination?

Uti possidetis.

Bantustans.

Protégé.

Protectorate.

Apartheid.

Açıklama:

Page 94.
In 1972, the General Assembly Resolution 2908 (XXVII) extended the ambit of the principle of selfdetermination to “freedom movements,” targeted against foreign subjugation. The Resolution 1514, however, proposes the application of the right of self-determination within the existing colonial boundaries. The Frontier Disputes case (1986) between Burkino Faso and Mali confirms that the principle of self-determination now forms part of the customary international law. In Africa particularly, it is subject to the principle of uti possidetis in accordance with Paragraph 6 of the Resolution, which states “any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the Purposes and Principles of the Charter of the United Nations.” Therefore, the correct option is A.

Doğru Cevap: A

Soru 32

Which of the followings is among the states that accept the protection of other states without destroying their sovereignty?

Puerto Rico.

Thailand.

Washington D.C.

Monaco.

New Zealand.

Açıklama:

Page 96.
In certain cases, some small states accept the protection of other states without destroying their sovereignty. Such arrangements exist for Liechtenstein (as stated above), Monaco (under the protection of France by the 1918 treaty between Monaco and France), and San Marino (under the protection of Italy). The States in this category, though under the protection of other states, are not protectorates in the sense the term is associated with the underdeveloped and exploited territories. Therefore, the correct option is D.

Doğru Cevap: D

Soru 33

"The mandate system was created after the First World War under Article 22 of the Covenant of the League of Nations."
The lands of which following states is the aim of the mandate system to deal with and shape?

Turkish Republic.

Persian Kingdom.

Italian colonies.

Prussia.

Ottoman Empire.

Açıklama:

Page 96.
Like the protectorate, which is now a dying species, the mandate system of the League of Nations no longer applies to any territory. The mandate system was created after the First World War under Article 22 of the Covenant of the League of Nations to deal with the future administration of the overseas possessions of the “Axis” states of Germany and the Ottoman Empire. Three categories of mandates (A, B and C) were devised for those territories “according to the stage of their development”. Therefore, the correct option is E.

Doğru Cevap: E

Soru 34

I. Palestine
II. Lebanon
III. Iraq
IV. Syria
Following the mandate system of the League of Nations, which of the ones stated above became independent after World Wor II?

I & III.

II & IV.

I, II & IV.

II, III & IV.

Only III.

Açıklama:

Page 96.
Three categories of mandates (A, B and C) were devised for those territories “according to the stage of their development” (Art. 22 of the Covenant of the League). 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. Therefore, the correct option is C.

Doğru Cevap: C

Soru 35

Which of the followings is the most important characteristic of the international personality of an entity?

Power to provide consultation.

Power to make treaties.

Military power.

Diplomatic power.

Territorial power.

Açıklama:

Page 98.
The most important characteristic of the international personality of an entity is its treatymaking power. The treaty-making power of international governmental organizations is well entrenched in the United Nations practice. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations confirms that governmental organizations have the capacity to enter into treaties. Therefore, the correct option is B.

Doğru Cevap: B

Soru 36

Which of the followings refers to "a necessary condition without which something is not possible"?

Piracy jure gentium.

Recognition.

Mandate.

Uti possidetis.

Sine qua non.

Açıklama:

Page 102.
Sine qua non: a necessary condition without which something is not possible. Therefore, the correct option is E.

Doğru Cevap: E

Soru 37

According to the constitutive theory, which of the followings is the only way that an entity becomes a state?

Defined territory.

Recognition.

Stable government.

Population.

Military.

Açıklama:

Page 104.
According to the constitutive theory, an entity becomes a state only by virtue of recognition. It is through the act of recognition alone that a new state emerges as an international person or a new government derives the requisite authority or status in the international arena. Therefore, the correct option is B.

Doğru Cevap: B

Soru 38

Which of the followings refers to sudden defeat of a government through illegal force by a small group?

Effective control.

Ipso facto.

Coup d’etat.

Vis-a-vis.

Sine qua non.

Açıklama:

Page 106.
Coup d’etat: sudden defeat of a government through illegal force by a small group, often a military one. Therefore, the correct option is C.

Doğru Cevap: C

Soru 39

Which of the followings is correct concerning de jure recognition?

Once granted to a state or a government, de jure recognition cannot be withdrawn unless the state has ceased to exist or the government has been replaced by another authority.

In British practice, de jure recognition is not conclusively binding before the municipal court.

Generally de jure recognition is followed by de facto recognition.

In choosing between de facto and de jure recognition, the recognizing state grants de jure recognition first.

De jure recognition enables the recognizing State to protect its interests, including of its citizens, in the recognized entity.

Açıklama:

Page 109.
Once de jure recognition is granted to a state or a government, it cannot be withdrawn unless the state has ceased to exist or the government has been replaced by another authority. However, de facto recognition may be withdrawn if there is any doubt about the new régime’s ability or the new régime ceases to exist. However, de facto recognition is not always tentative or revocable. It can be substituted by de jure recognition when the recognizing government is satisfied about the stability and permanence of the new régime. Therefore, the correct option is A.

Doğru Cevap: A

Soru 40

According to the Montevideo Convention, which of the following is not a qualification that the state as a person of international law should possess?

Permanent population

Defined territory

A government

Capacity to enter into relations with other states

An army

Açıklama:

The Montevideo Convention provides that the state as a person of international law should possess the following qualifications: (a) permanent population; (b) defined territory: (c) a government; and (d) capacity to enter into relations with other State.

Doğru Cevap: E

Soru 41

Which of the following is an example of mini (or micro) states?

Andorra

Germany

France

United Kingdom

United States

Açıklama:

Andorra is an example of mini- (or micro-) states.

Doğru Cevap: A

Soru 42

I-Colonies
II- Protectorates
III-Trusteeship
IV- Mandate territories
Which of the above is among the types of non-self-governing territories?

Only I

I and II

II and III

III and IV

I, II, III and IV

Açıklama:

Colonies, protectorates, trusteeship, and mandate territories are types of non-self-governing territories.

Doğru Cevap: E

Soru 43

Which of the following cases confirms that the principle of self-determination now forms part of the customary international law?

The Rights of US Nationals in Morocco case

Namibia case

Reperation case

Frontier Dispute case

Pueblo Case

Açıklama:

The Frontier Dispute case confirms that the principle of self-determination now forms part of the customary international law.

Doğru Cevap: D

Soru 44

Which of the following is the first example of an international organization?

The Central Commission for Navigation on the Rhine

International Danube River Commission

League of Nations

United Nations

Universal Postal Union

Açıklama:

The Central Commission for Navigation on the Rhine is the first example of an international organization established in 1815 by the Congress of Vienna.

Doğru Cevap: A

Soru 45

The most important characteristic of the international personality of an entity is its ....
Which of the following options correctly completes the sentence above?

Fund-raising power

Treaty-making power

Agenda-setting power

Awareness-raising power

Information-exchanging power

Açıklama:

The most important characteristic of the international personality of an entity is its treaty-making power.

Doğru Cevap: B

Soru 46

Who primarily champions the view that considers individuals alone as subjects of international law?

Hans Morgenthau

Kenneth Waltz

Hans Kelsen

Joseph Nye

Henry Kissenger

Açıklama:

Hans Kelsen primarily champions the view that considers individuals alone as subjects of international law

Doğru Cevap: C

Soru 47

Which of the following was established in 2002 to try individuals for crimes enlisted in the Rome Statute?

The Nuremberg Tribunal

The International Criminal Tribunal for Rwanda

The International Criminal Court

The International Criminal Tribunal for Rwanda

The Special Court for Sierra Leone

Açıklama:

The International Criminal Court was established in 2002 to try individuals for crimes enlisted in the Rome Statute.

Doğru Cevap: C

Soru 48

It is through ... that a state expresses its approval of the new state or the new government.
Which of the following correctly completes the sentence above?

Ratification

Negotiation

Mediation

Recognition

Identification

Açıklama:

It is through recognition that a state expresses its approval of the new state or the new government.

Doğru Cevap: D

Soru 49

Which of the following statements is true about de facto recognition?

De facto recognition is final.

De facto recognition is formal.

The diplomatic relations can be established with de facto entities only.

De facto recognition is irrevocable.

De facto recognition is provisional.

Açıklama:

De facto recognition is conditional, temporary and provisional.

Doğru Cevap: E

Soru 50

The state as a person of international law should possess some qualifications. Which of the followings is NOT among these qualifications?

Permanent population

Public corporations

Defined territory

A government

Capacity to enter into relations with other States

Açıklama:

An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty.
Article 1 of the 1933 Convention on Rights and Duties of States (the Montevideo Convention) provides that “the state as a person of international law should possess the following qualifications: (a) permanent population; (b) defined territory: (c) a government; and (d) capacity to enter into relations with other States.”

Doğru Cevap: B

Soru 51

In order to have a claim over Statehood, what is the most important factor in granting recognition to a new entity?

Subject of law

Borders

Population

Protector

Independence

Açıklama:

In order to have a claim over Statehood, an entity should have the capacity to enter into relations with other states and must be accepted so by others. This requirement is also the most important factor in granting recognition to a new entity. A state cannot fulfil this requirement unless it has independence.

Doğru Cevap: E

Soru 52

Which of the following terms means “as you possess, as you hold”?

Coup d’etat

Sine qua non

Uti possidetis

Piracy jure gentium

De jure

Açıklama:

Uti possidetis means “as you possess, as you hold.” The principle vests in either of the belligerents at the end of a war all territory occupied or controlled by them.

Doğru Cevap: C

Soru 53

Which of the followings is NOT true about a protectorate?

Can be termed as treaties

Involves a certain measure of control

Has a total or partial loss of sovereignty

Is always the creation of a treaty

Involves the disappearance of the protected state from the community of nations

Açıklama:

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. In spite of common features possessed by protectorates under international law, they had individual legal characteristics resulting from the special conditions under which they were created and from the level of their development.
However, these arrangements cannot be termed as treaties, since the local rulers did not enjoy an international personality necessary to conclude a treaty.

Doğru Cevap: A

Soru 54

After which event was the mandate system created?

Industrial Revolution

The Fall of the Roman Emire

French Revolution

First World War

Second World War

Açıklama:

The mandate system was created after the First World War under Article 22 of the Covenant of the League of Nations to deal with the future administration of the overseas possessions of the “Axis” states of Germany and the Ottoman Empire. Three categories of mandates (A, B and C) were devised for those territories “according to the stage of their development” (Art. 22 of the Covenant of the League).

Doğru Cevap: D

Soru 55

The question of whether an institution possesses an international personality can be answered by examining the type of several elements exercised by it.
Which of the followings is NOT one of these elements?

Functions

Powers

Agreements

Privileges

Immunities

Açıklama:

International organizations are established by treaties and their international personality can be ascertained by looking at their constitutions. It is, however, rarely that the constitution of an international organization would provide and clothe it with international personality. Consequently, the question of whether an institution possesses an international personality can be answered by examining the type of functions, powers, privileges and immunities exercised by it.

Doğru Cevap: C

Soru 56

Which of the followings is the first example of an international organization?

United Nations (UN)

European Union (EU)

African Union (AU)

Central Commission for Navigation on the Rhine (CCNR)

European Coal and Steel Community (ECSC)

Açıklama:

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.

Doğru Cevap: D

Soru 57

Which of the followings is the most important characteristic of the international personality of an entity?

Possessing international rights

Treaty-making power

Legal capacity in the territory of each of its members

Carrying many functions

Unlimited power

Açıklama:

The most important characteristic of the international personality of an entity is its treaty-making power.
The treaty-making power of international governmental organizations is well entrenched in the United Nations practice. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations confirms that governmental organizations have the capacity to enter into treaties. However, their international personality is confined to their constituent instruments, resolutions, and decisions, which determine the limits of their personality. Thus, the legal personality of international organizations is now an accepted fact. However, unlike states, they do not enjoy unlimited power. Their personality, in fact, can be brought to an end by amending or terminating the constituent instruments.

Doğru Cevap: B

Soru 58

Before a new entity is recognized as a state, it should fulfil the essential attributes of Statehood as mentioned in Article 1 of the Montevideo Convention. Which of the following is NOT among these attributes?

Independent economy

Permanent population

Defined territory

Stable government

Capacity to conduct its international relations independently

Açıklama:

Different criteria are applied in the recognition of a state and of a government. Before a new entity is recognized as a state, it should fulfil the essential attributes of Statehood as mentioned in Article 1 of the Montevideo Convention, that is, a permanent population, defined territory, a stable government, and the capacity to conduct its international relations independently.

Doğru Cevap: A

Soru 59

Which of the followings argues that a new state or a new government exists independent of recognition?

Sine qua non

Multilateral treaty

Implied recognition

Constitutive theory

Declaratory theory

Açıklama:

In contrast to the constitutive theory, the declaratory theory (also called evidentiary theory) considers that a new state or a new government exists independent of recognition. The recognition is merely an evidence of the fact that the government. The state practice widely confirms the evidentiary theory because of the political nature of the act of recognition. If the majority of nations have granted recognition, refusal by a single state or few states would not affect the situation.

Doğru Cevap: E

Soru 60

According to the Montevideo Convention, which of the following is not one of the criteria of statehood?

Permanent population

Defined territory

A government

Capacity to enter into relations with other States

An army

Açıklama:

Article 1 of the 1933 Convention on Rights and Duties of States (the Montevideo Convention) provides that “the state as a person of international law should possess the following qualifications: (a) permanent population; (b) defined territory: (c) a government; and (d) capacity to enter into relations with other States.”

Doğru Cevap: E

Soru 61

Which of the following concepts refers to entities endowed with legal personality, capable of exercising certain rights and duties on their own account under the international legal system?

Subjects of international law

Self-defence

Self-determination

International conventions

International treaties

Açıklama:

The term subjects of international law refers to entities endowed with legal personality, capable of exercising certain rights and duties on their own account under the international legal system.

Doğru Cevap: A

Soru 62

Which of the following is not an example of mini states?

Andorra

France

Monaco

San Marino

Liechtenstein

Açıklama:

Mini states or micro states are entities like Andorra, Monaco, San Marino and Liechtenstein.

Doğru Cevap: B

Soru 63

Which of the following is not a type of non-self-governing territories?

Colonies

Protectorates

Trusteeship territories

Mandate territories

States

Açıklama:

Non-self-governing territories are colonies, protectorates, trusteeship and mandate territories.

Doğru Cevap: E

Soru 64

Which of the following cases confirms that the principle of self-determination now forms part of the customary international law?

Frontier Disputes case

S.S. Lotus Case

Nicaragua Case

Asylum Case

Anglo-Norwegian Fisheries case

Açıklama:

The Frontier Disputes case confirms that the principle of self-determination now forms part of the customary international law

Doğru Cevap: A

Soru 65

Which of the following endows the United Nations and its officials with legal capacity in the territory of each of its members?

1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations

The 1982 Convention on the Law of the Sea

The 1922 Polish-German Convention relating to Upper Silesia

The 1946 Convention on Privileges and Immunities of the United Nations

1949 Geneva Convention Relative to the Treatment of Prisoners of War

Açıklama:

The 1946 Convention on Privileges and Immunities of the United Nations

Doğru Cevap: D

Soru 66

Which of the following was one of the international criminal tribunals that were established to deal with crimes that resulted mainly from internal armed conflicts in 1993?

The International Criminal Tribunal for the former Yugoslavia

The International Criminal Tribunal for Rwanda

The Special Court for Sierra Leone

The International Criminal Court

The Nuremberg Tribunal

Açıklama:

The International Criminal Tribunal for the former Yugoslavia was one of the international criminal tribunals that were established to deal with crimes that resulted mainly from internal armed conflicts in 1993.

Doğru Cevap: A

Soru 67

When was the Universal Declaration of Human Rights adopted?

1938

1948

1958

1968

1978

Açıklama:

The Universal Declaration of Human Rights was adopted in 1948.

Doğru Cevap: B

Soru 68

The ... theory considers that a new state or a new government exists independent of recognition.
Which of the following options correctly completes the sentence above?

Constitutive

Conditional

Declaratory

Cognitive

Collective

Açıklama:

The Declaratory theory considers that a new state or a new government exists independent of recognition.

Doğru Cevap: C

Soru 69

Which of the following laid down that it is the duty of a state to continue diplomatic relations with states without regard to revolutionary changes?

Tobar doctrine

Truman doctrine

Eisenhower doctrine

Estrada doctrine

Stimson doctrine

Açıklama:

The Estrada doctrine laid down that it is the duty of a state to continue diplomatic relations with states without regard to revolutionary changes

Doğru Cevap: D

Soru 70

What is the typical legal subject of international law?

Individuals

Public corporations

Companies

The state

Idols

Açıklama:

The typical legal subject of international law is the state. Ordinarily, international law deals with the rights and duties of states and its rules bind the states. Other entities may also be considered as the subjects of international law to the extent they can enter into legal relations and exercise certain rights on the international plane.

Doğru Cevap: D

Soru 71

According to the Montevideo Convention, an entity has to have certain characteristics. Which one of the below is NOT one of them?

A government

Treasury

Permanent population

Defined territory

Capacity to enter into relations with other States

Açıklama:

An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty. Article 1 of the 1933 Convention on Rights and Duties of States (the Montevideo Convention) provides that “the state as a person of international law should possess the following qualifications:
(a) permanent population
(b) defined territory
(c) a government
(d) capacity to enter into relations with other States.”

Doğru Cevap: B

Soru 72

What is a protector state?

An independent state

The superior state in a dependent state relationship

The inferior state in a dependent state relationship

A newly founded state

A state under the protection of United Nations

Açıklama:

States that are subject to the authority of one or more states are known as “dependent states.” The notion of dependence necessarily implies a relation between a superior state (e.g., protector etc.) and an inferior or subject state (e.g., protégé etc.); the relation between the state which can legally impose its will and the state which is legally compelled to submit to that will.

Doğru Cevap: B

Soru 73

Which of the following is NOT one of the qualifications that a state
as a person of international law should possess?

Permanent population

Defined territory

A government

Self-determination

Capacity to enter into relations with other states

Açıklama:

Article 1 of the 1933 Convention on Rights and Duties of States (the Montevideo Convention) provides that “the state as a person of international law should possess the following qualifications:(a) permanent population; (b) defined territory: (c) a government; and (d) capacity to enter into relations with other States.” The correct answer is D.

Doğru Cevap: D

Soru 74

Which one is TRUE about population and territory for statehood?

There is a specification of a minimum number of inhabitants for statehood.

The lack of a permanent population is enough to affect the existence
of a state.

Non-existence of fixed boundaries is enough to affect the existence of a state.

It is necessary for an entity to have exactly defined or undisputed boundaries to be a state at the time when it comes into existence.

For the existence of a state, it is enough that this territory has a sufficient consistency, even though its boundaries may not have been precisely defined or delimited.

Açıklama:

For the existence of a state, it is enough that this territory has a sufficient consistency, even though its boundaries may not have been precisely defined or delimited.

Doğru Cevap: E

Soru 75

Which one is true about apartheid?

South Africa abolished these entities eventually.

Entities had limited legal control over their internal affairs.

Entities had limited legal control over their external affairs.

South Africa had no control over economic matters of these entities.

They were granted recognition by every state.

Açıklama:

The status of entities in the form of Bantustans or homelands, created by South Africa, for black Africans from 1976 following its policy of apartheid, was similarly doubtful under international law. They were not granted recognition by any state except South Africa. Although these homelands had full legal control over their internal and external affairs, South Africa exercised major control on economic matters. On 17 November 1993, South Africa decided to abolish these independent homelands and reincorporated them into South Africa.

Doğru Cevap: A

Soru 76

Which of the following is NOT one of the non-self-governing territories?

Colonies

Protectorates

Independent states

Trusteeship

Mandate territories

Açıklama:

There are difficulties in applying the essentials of Statehood to non-self-governing territories - colonies, protectorates, trusteeship and mandate territories. The correct answer is C.

Doğru Cevap: C

Soru 77

Which one is NOT a type of non-self governing territory?

Colony

Protectorate

Microstate

Trusteeship

Mandate territory

Açıklama:

There are difficulties in applying the essentials
of Statehood to non-self-governing territories -
colonies, protectorates, trusteeship and mandate
territories. Capacity to conduct international
relations is significant in deciding the international
personality of an entity. This refers to independence
from the authority of any other state.

Doğru Cevap: C

Soru 78

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.

Açıklama:

Doğru Cevap: B

Soru 79

Which one of the following is true for the "mandate system"?

It is still commonly seen today.

The Mandatories were given only the administrative powers and responsibilities.

Class A included territories still in the process of economic and political development and were obliged to allow trading opportunities to other League Members.

Class B consisted of countries with sparse population, small size, remoteness to civilization, or geographical continuity to the territory of the Mandatory.

Class C comprised territories sufficiently advanced for their independence to be provisionally recognized, but subject to the administrative advice and assistance of the Mandatory.

Açıklama:

The mandate system is now a dying species. In none of these cases was sovereignty transferred
to the Mandatory. The Mandatories under all categories were given only the administrative powers and responsibilities that varied according to the mandate category.
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.”
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.

Doğru Cevap: B

Soru 80

I. After the Second World War, there has been a tremendous growth in the number of international organizations.
II. International organizations are established by treaties and their international personality can be ascertained by looking at their constitutions.
III. International Labor Organization (ILO), the European Union and
the African Union are examples of international organizations.
IV. International organizations have to be universal they can not be regional.
Which of the given is TRUE about international organizations?

II & IV

I, II & III

I, II & IV

I, III & IV

II, III & IV

Açıklama:

After the Second World War, there has been a tremendous growth in the number
of international organizations. Such organizations may be either universal (such as the UN and the ILO) or regional (such as the European Union and the African Union). They are established by treaties and their international personality can be ascertained by looking at their constitutions. The correct answer is B.

Doğru Cevap: B

Soru 81

Which one is true about international governmental organizations?

They lack treaty-making power.

Their international personality is unlimited.

They do not possess legal personality.

United Nations does not recognize them as legal entities.

Their personality can be brought to an end by terminating constituent instruments.

Açıklama:

The treaty-making power of international governmental organizations is well entrenched in the United Nations practice and confirms that governmental organizations have the capacity to enter into treaties. However, their international personality is confined to their constituent instruments, resolutions, and decisions, which determine the limits of their personality. Thus, the legal personality of international organizations is now an accepted fact. However, unlike states, they do not enjoy unlimited power. Their personality, in fact, can be brought to an end by amending or terminating the constituent instruments.

Doğru Cevap: E

Soru 82

I. It may be in the the form of public statement or notification or diplomatic
note or a personal message sent to the new entity.
II. Recognition may be granted by the conclusion of a bilateral treaty or agreement.
III. Recognition may be inferred from the conduct of the parties involved.
Which of the given is TRUE about express recognition?

Only I

Only III

I & II

I & III

II & III

Açıklama:

Express recognition may be granted by the conclusion of a bilateral treaty or agreement. 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. IMPLIED recognition may be inferred from the conduct of the parties involved. The correct answer is C.

Doğru Cevap: C

Soru 83

Which of the following is NOT true about the traditional international law subjecting individuals?

The position of individuals at the international plane still depends on the express or implied will of the state

The individual will benefit from treaty guarantees so long as the state remains a party to the treaty

If the state withdraws from or denounces a treaty, this will end the individuals’ rights at the international plane against their own state.

Individuals may bring a claim at the international plane on the basis of their nationality, which places them under the domestic jurisdiction of
the state.

Individuals can sue states or be sued by states before an international
tribunal

Açıklama:

As a general rule, individuals cannot sue
states or be sued by states before an international
tribunal, nor are individuals answerable to states
at the international plane for failing to fulfill their
obligations.

Doğru Cevap: E

Soru 84

I. Insurgents should be in effective occupation of a substantial part of the territory.
II. They should enjoy the support from the majority of the population living in that territory.
III. They should have the will and capacity to carry out international obligations.
IV. They should demand and receive possession of public
property belonging to the recognized state.
Which of the given is essential for the recognition of insurgency?

I & IV

II & III

I, II & III

I, III & IV

II, III & IV

Açıklama:

Insurgency is the first stage of rebellion. For the recognition of insurgency, it is essential that:
• insurgents should be in effective occupation of a substantial part of the territory;
• they should enjoy the support from the majority of the population living in that
territory;
• they should have the will and capacity to carry out international obligations.
The correct answer is C.

Doğru Cevap: C

Soru 85

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.

Açıklama:

While de facto recognition is conditional and temporary, de jure recognition is formal and final. The correct answer is A.

Doğru Cevap: A

Soru 86

"A new state or a new government exists independent of recognition. The recognition is merely an evidence of the fact that the new entity fulfils the essentials of Statehood or of a government."
Which one of the below is described above?

Express Recognition

Implied recognition

Constitutive Theory

Declaratory Theory

Collective recognition

Açıklama:

Express recognition: 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.
Implied recognition: 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.
According to the constitutive theory, an entitybecomes a state only by virtue of recognition. It is through the act of recognition alone that a new state emerges as an international person or a new government derives the requisite authority or status in the international arena.
In contrast to the constitutive theory, the declaratory theory (also called evidentiary theory) considers that a new state or a new government exists independent of recognition. The recognition is merely an evidence of the fact that the new entity fulfils the essentials of Statehood or of a
government.
International law does not prescribe or prohibit the grant of collective recognition. States may grant recognition collectively. Collective recognition can be granted by states through some collective international act or through the medium of an international institution.

Doğru Cevap: D

Soru 87

The doctrine of non-recognition is commonly called the .......... Doctrine.

Stimson

Oppenheim

Cordell

Hans

Greig

Açıklama:

Doğru Cevap: A

Soru 88

Which of the following is true about "de jure" recognition?

The new state lacks stability

The new state lacks permanency

The new state fulfills the requirements but does not posses all the essentials

The recognized authority should have effective control over a given area

The government ought to possess the powers of sovereignty, though at the time it may be deprived of them.

Açıklama:

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.
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.
However both, de facto and de jure recognition,
are related to the fact that the recognized authority
should have effective control over a given area
and it should have the semblance of permanence
and stability.
Distinction between the two can
be described as a de jure government is one “which
ought to possess the powers of sovereignty, though
at the time it may be deprived of them. A de facto
government is one which is really in possession of
them although the possession may be wrongful
or precarious”

Doğru Cevap: D

Soru 89

Before belligerency is accorded recognition, there are some points that the recognizing state must satisfy.
Which of the following is NOT among these points?

Hostilities must not be local (as in insurgency) but must be of a general character.

Insurgents must be in occupation and control of a considerable portion of the
national territory

Insurgent forces must be properly commanded and they observe the laws and
customs of war.

Hostilities have reached to such a magnitude that outside powers may be compelled to define their attitude toward belligerency.

Hostilities should protect its commercial interests, sea-borne trade from attacks and confiscation by the warring groups.

Açıklama:

Before belligerency is accorded recognition, the recognizing state must satisfy that the:
• hostilities must not be local (as in insurgency) but must be of a general character;
• insurgents must be in occupation and control of a considerable portion of the
national territory;
• insurgent forces must be properly commanded and they observe the laws and
customs of war;
• hostilities have reached to such a magnitude that outside powers may be compelled to define their attitude toward belligerency. Recognition of belligerency, in fact, should be followed by a declaration of neutrality.
The correct answer is E.

Doğru Cevap: E

Ünite 5

Soru 1

When a state exercises its jurisdiction beyond its territory, it is called - - - .
Which of the following correctly completes the sentence above?

substantial connection

conflict of jurisdiction

criminal jurisdiction

extraordinary jurisdiction

extraterritorial jurisdiction

Açıklama:

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.

Doğru Cevap: E

Soru 2

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

Forum

Jurisdiction

Protective principle

Universality principle

Açıklama:

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.

Doğru Cevap: A

Soru 3

Which of the following is not one of the four general principles the basis of which states generally claim criminal jurisdiction?

Ultra vires principle

Territorial principle

Nationality principle

Protective principle

Universality principle

Açıklama:

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 injure 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). Ultra vires principle is not one of those.

Doğru Cevap: A

Soru 4

Which of the following determines jurisdiction by reference to the nationality either of the persons committing the offence even withrespect 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

Açıklama:

The nationality principle, determines jurisdiction by reference to the nationality either of the persons committing the offence even withrespect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence.

Doğru Cevap: A

Soru 5

Which of the following refers to the principle that a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad?

Subjective territorial

Objective territorial

Exclusive jurisdiction

Active nationality

Passive nationality

Açıklama:

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Doğru Cevap: A

Soru 6

Which of the following refers to a person who, under the law of a particular state, is not a citizen of that state?

Alien

Natural person

Juristic person

Immigrant

Refugee

Açıklama:

Alien is defined as a person who, under the law of a particular state, is not a citizen of that state.

Doğru Cevap: A

Soru 7

Which of the following cannot be contrasted with a human being?

Juristic person

Natural person

Corporation

Artificial person

Entity with a legal personality

Açıklama:

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.

Doğru Cevap: B

Soru 8

Which of the following concepts refers to the surrender by one state to another of a person accused of committing an offence in the latter?

Alien

Juristic person

Extradition

Ultra vires

Delicts jure gentium

Açıklama:

Extradition means that the surrender by one state to another of a person accused of committing an offence in
the latter (Martin, 2003: 194).

Doğru Cevap: C

Soru 9

In which year did the UN General Assembly adopt the "Convention on Jurisdictional Immunities of States and Their Property" in order to bring uniformity in the state practice?

2000

2002

2004

2007

2009

Açıklama:

In order to bring uniformity in the state practice, in 2004 the UN General Assembly adopted the Convention on Jurisdictional Immunities of States and Their Property (not in force yet). The Convention “applies to the immunity of a State and its property from the jurisdiction of the courts of another State” (Art. 1).

Doğru Cevap: C

Soru 10

When was the "Vienna Convention on Consular Relations" adopted under the auspices of the United Nations?

1963

1965

1969

1971

1978

Açıklama:

In 1963, the Vienna Convention on Consular Relations was adopted under the auspices of the United Nations. In 1969, the UN General Assembly adopted the Convention on Special Missions.

Doğru Cevap: A

Soru 11

Which of the following refers to jurisdiction according to the national interest of the state injured by the offence?

Protective principle

Substantial connection

Territorial principle

Conflict of jurisdiction

Universality principle

Açıklama:

The protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.

Doğru Cevap: A

Soru 12

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

Açıklama:

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.

Doğru Cevap: B

Soru 13

According to which of the following principles, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad?

Active nationality principle

Objective territorial principle

Subjective territorial principle

Passive nationality principle.

Protective principle

Açıklama:

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Doğru Cevap: C

Soru 14

I. to protect the interests of the sending state and its nationals
II. to negotiate with the government of the receiving state
III. to report about the conditions of the receiving state
Under customary international law, which of the above functions a diplomatic mission may perform?

Only I

Only II

I and II

II and III

I, II, and III

Açıklama:

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.

Doğru Cevap: E

Soru 15

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

Açıklama:

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

Doğru Cevap: D

Soru 16

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

Açıklama:

The Convention divides the consuls into four classes (Art. 9): a. Consuls-general, b. Consuls, c. Vice-consuls, d. Consular agents.

Doğru Cevap: B

Soru 17

Which of the following is NOT one of items an agent is liable to pay?

Indirect taxes

Dues and taxes on private immovable property situated in the territory of the receiving state

Estate, succession or inheritance duty, levied by the receiving state

Tax on income having its source in private investments in commercial undertaking in the receiving state

Direct taxes

Açıklama:

A diplomatic agent is exempt from all dues and taxes. The agent, however, is liable to pay:
i. Indirect taxes, such as sales tax or service charges;
ii. Dues and taxes on private immovable property situated in the territory of the receiving state such as house tax;
iii. Estate, succession or inheritance duty, levied by the receiving state;
iv. Tax on income having its source in private investments in commercial undertaking in the receiving state;
v. Charges levied for specific services rendered such as road tax;
vi. Registration, court or record fees, mortgage dues, and stamp duty with respect to immovable property (Art. 34).

Doğru Cevap: E

Soru 18

Which of the following theory justifies the privileges and immunities as being necessary to enable the mission to perform its functions?

Representative character theory,

Extraterritoriality theory

The functional necessity theory

Exterritoriality theory

Persona non grata

Açıklama:

The functional necessity theory, which justifies the privileges and immunities as being necessary to enable the mission to perform its functions.

Doğru Cevap: C

Soru 19

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

Açıklama:

extradition. The surrender by one state to another of a person accused of committing an offence in the latter (Martin, 2003: 194).

Doğru Cevap: D

Soru 20

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.

Açıklama:

Page 119.
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.

Doğru Cevap: C

Soru 21

I. Universality principle
II. Nationality principle
III. Territorial principle
IV. Protective principle
Which of the followings is among the general principles on the basis of which states generally claim criminal jurisdiction?

I, II, III & IV.

I, II & III.

I, II & IV.

II, III & IV.

II & III.

Açıklama:

Page 119.
In criminal matters also, the “substantial connection” between the alleged offender or the offence with the state exercising jurisdiction is necessary. 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 A.

Doğru Cevap: A

Soru 22

Which of the followings refers to the jurisdiction over a crime when it is commenced within the state but completed or consummated abroad?

Exclusive jurisdiction.

Passive nationality principle.

Extradition.

Subjective territorial principle.

Objective territorial principle.

Açıklama:

Page 120.
According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad. The objective territorial principle applies in reverse order, i.e., when a crime commenced in another state but was completed or consummated within its territory. Therefore, the correct option is D.

Doğru Cevap: D

Soru 23

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.

Açıklama:

Page 121.
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.

Doğru Cevap: B

Soru 24

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.

Açıklama:

Page 122.
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.

Doğru Cevap: D

Soru 25

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.

Açıklama:

Page 122.
Alien: A person who, under the law of a particular state, is not a citizen of that state. Therefore, the correct option is A.

Doğru Cevap: A

Soru 26

Which of the followings refers to the wrong against the “Law of Nations"?

Alien.

Forum.

Juristic person.

Extradition.

Delicts jure gentium.

Açıklama:

Page 123.
States generally exercise jurisdiction over certain offences regardless of the nationality of the offender or the place of commission of crime. These offences are considered to be against international public policy (jus cogens) and they are treated as delicts jure gentium. Any state may arrest persons committing these crimes, try and punish them under its domestic law. Delicts jure gentium: wrong against the “Law of Nations.” Therefore, the correct option is E.

Doğru Cevap: E

Soru 27

I. International organizations
II. Foreign armed forces
III. Diplomatic representatives
IV. Local public ships
Under international law, which of the stated above enjoy certain degree of exemption and immunity from local jurisdiction?

I & II.

I, II & III.

I, II & IV.

II & IV.

I & III.

Açıklama:

Page 124.
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.

Doğru Cevap: B

Soru 28

Which of the followings is not among the elements for the basis of jurisdictional immunity?

Rule of comity or reciprocity.

Implied grant of license to a foreign sovereign or state.

Aut punire, aut dedere.

The principle of nonintervention.

Par in parem non habet imperium.

Açıklama:

Page 125.
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 nonintervention, 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.
Therefore, the correct option is C.

Doğru Cevap: C

Soru 29

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.

Açıklama:

Page 131.
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.

Doğru Cevap: D

Soru 30

Which one of the following is not among the four general principles on the basis of which states generally claim criminal jurisdiction?

territorial

nationality

protective

universality

substantial

Açıklama:

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction; territorial principle, nationality principle, protective principle, universality principle

Doğru Cevap: E

Soru 31

Which one of the following refers to jurisdiction according to the national interest of the state injured by the offence?

protective principle

territorial principle

nationality principle

substantial connection

extraterritorial jurisdiction

Açıklama:

the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.

Doğru Cevap: A

Soru 32

Which one of the following applies when a crime commenced in another state but was completed or consummated within its territory?

subjective territorial principle

universality principle

objective territorial principle

protective principle

nationality principle

Açıklama:

The objective territorial principle applies in reverse order, i.e., when a crime commenced in another state but was completed or consummated within its territory.

Doğru Cevap: C

Soru 33

Which one of the following terms refers to the surrender by one state to another of a person accused of committing an offence in the latter?

alien

extradition

juristic person

linking point

forum

Açıklama:

extradition. The surrender by one state to another of a person accused of committing an offence in the latter (Martin, 2003: 194).

Doğru Cevap: B

Soru 34

I. Robbery
II. War Crimes
III. Slave trade
Which one(s) of them is/are among the considered to be against international public policy (jus cogens) and they are treated as delicts jure gentium?

Only I

Only II

Only III

I-II

II-III

Açıklama:

States generally exercise jurisdiction over certain offences regardless of the nationality of the offender or the place of commission of crime. These offences are considered to be against international public policy (jus cogens) and they are treated as delicts jure gentium. Any state may arrest persons committing these crimes, try and punish them under its domestic law. Examples of such crimes are piracy, war crimes, and slave trade

Doğru Cevap: E

Soru 35

Which one of the following is not among the groups enjoying certain degree of exemption and immunity from local jurisdiction under international law?

Foreign sovereigns and foreign states

International organizations

Partners of charity groups

Foreign armed forces

Diplomatic representatives

Açıklama:

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.

Doğru Cevap: C

Soru 36

Which one of the following terms refers to the act of abandoning or refraining from asserting a legal right?

acta jure gestionis

acta jure imperii

waiver

aut punire, aut dedere

in absentia

Açıklama:

waiver: 1. The act of abandoning or refraining from asserting a legal right. 2. The instrument that declares the act of waiving (Martin, 2003: 532).

Doğru Cevap: C

Soru 37

Which one of the following refers to the formal diplomatic notification by a state that the diplomatic agent selected to be sent to it by another state?

persona non grata

agrément

letter of credence

temporary envoy

resident

Açıklama:

agrément: The formal diplomatic notification by a state that the diplomatic agent selected to be sent to it by another state has been accepted, i.e. is persona grata and can consequently become accredited to it. The agrément is the reply to a query by the sending state, which precedes the sent diplomat’s formal nomination and accreditation

Doğru Cevap: B

Soru 38

Which one of the following is not among the immunities that a diplomatic agent enjoys?

Right to travel freely in the territory of the receiving state

Freedom of communication for official purpose

Exemption from social security provisions in force in the receiving state

Immunity from local and military obligations

Integration in the foreign policy decisions of the receiving state

Açıklama:

Other immunities that a diplomatic agent enjoys are as follows:
• Right to travel freely in the territory of the receiving state, subject to the condition that he cannot go to the prohibited area that is important for the national security of the receiving state (Art. 26);
• Freedom of communication for official purpose (Art. 27);
• Exemption from social security provisions in force in the receiving state, except in case of servants for whom he must comply with the social security legislation as an employer
(Art. 33);
• Immunity from local and military obligations (Art. 35).

Doğru Cevap: E

Soru 39

Which concept refers to when a state exercises its jurisdiction beyond its territory?

Criminal jurisdiction

Territorial jurisdiction

Conflict of jurisdiction

Exclusive jurisdiction

Extraterritorial jurisdiction

Açıklama:

When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.

Doğru Cevap: E

Soru 40

Territorial principle
Nationality principle
Protective principle
Universality principle

Which are the principles states generally claim criminal jurisdiction on the basis of?

I, II and III

I, II and IV

II, III and IV

I, III and IV

I, II, III and IV

Açıklama:

In criminal matters also, the “substantial connection” between the alleged offender or the offence with the state exercising jurisdiction is necessary. 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.

Doğru Cevap: E

Soru 41

In terms of criminal jurisdiction, which of the below determines jurisdiction by reference to the place where the offence is committed?

Nationality principle

Territorial principle

Protective principle

Universality principle

Conflict of jurisdiction

Açıklama:

The territorial principle, that determines jurisdiction by reference to the place where the offence is committed.

Doğru Cevap: B

Soru 42

In terms of criminal jurisdiction, which of the below 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?

Territorial principle

Nationality principle

Protective principle

Universality principle

Conflict of jurisdiction

Açıklama:

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

Doğru Cevap: B

Soru 43

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

Açıklama:

the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.

Doğru Cevap: C

Soru 44

In terms of criminal jurisdiction, which of the below provides jurisdiction by reference to the nature of the crime?

Territorial principle

Nationality principle

Protective principle

Universality principle

Conflict of jurisdiction

Açıklama:

The universality principle that provides jurisdiction by reference to the nature of the crime.

Doğru Cevap: D

Soru 45

According to which of the below, does a state have jurisdiction over a crime when it is commenced within the state but completed or consummated abroad?

Subjective territorial principle

Objective territorial principle

Protective principle

Nationality principle

Universality principle

Açıklama:

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Doğru Cevap: A

Soru 46

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

Açıklama:

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.

Doğru Cevap: E

Soru 47

Which statement is NOT among the obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law?

The state where the crime is committed generally has the strongest interest in punishing the criminal.

The local forum is the most convenient one, since the witnesses and other facilities are most probably available there.

The offender is most likely to be found there.

It is crucial to avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time.

The state may exercise jurisdiction outside its territory

Açıklama:

The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that:

The state where the crime is committed generally has the strongest interest in punishing the criminal.

The local forum is the most convenient one, since the witnesses and other facilities are most probably available there.

The offender is most likely to be found there.

To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time.

Doğru Cevap: E

Soru 48

Protection of the interests of the sending state and its nationals
Negotiation with the government of the receiving state
Report about the conditions of the receiving state

Under customary international law, which functions do diplomatic missions have to perform?

I and II

I and III

II and III

I, II and III

Only I

Açıklama:

Doğru Cevap: D

Soru 49

Following theories are considered to be the
basis for diplomatic immunities and privileges,
except…?

The reciprocity theory

The exterritoriality theory

The representative character theory

The functional necessity theory

The extraterritoriality theory

Açıklama:

The reciprocity theory

Doğru Cevap: A

Soru 50

Which of these statements is false?

The immunity of other persons of the mission
can be waived by the Head of the mission.

The immunity of the Head of the mission can
be waived by the sending state.

Waiver of the immunity must always be express.

Waiver from jurisdictional immunity includes
waiver against the execution of the judgment of
the court.

Waiver must be made with full knowledge of
the circumstances and of the concerned person’s
rights.

Açıklama:

Waiver from jurisdictional immunity includes
waiver against the execution of the judgment of
the court.

Doğru Cevap: D

Soru 51

Which of these immunities does a diplomatic agent not have?

The right to travel freely in the territory of the
receiving state

Freedom of communication for official purpose

Exemption from social security provisions in
force in the receiving state

Immunity from local and military obligations.

Exemption from the social security legislation
as an employer.

Açıklama:

Exemption from the social security legislation
as an employer.

Doğru Cevap: E

Soru 52

Immunities and privileges of international
organizations are based on the following, except…?

Their constitutions

Agreement with the host country

A multilateral treaty

Domestic legislation of the host country

Internal rules of the organization

Açıklama:

Internal rules of the organization

Doğru Cevap: E

Soru 53

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

Açıklama:

acta jure imperii

Doğru Cevap: A

Soru 54

Universality principle is applicable to all
crimes, except those crimes…?

In the nature of jus cogens

Treated as delicts jure gentium

In the nature of jus dispositivum

In the nature of grave breaches of laws of war

Piracy jure gentium

Açıklama:

In the nature of jus dispositivum

Doğru Cevap: C

Soru 55

General principles on the basis of which
States generally claim criminal jurisdiction relate
to all of the following, except…?

Territoriality principle

Prescriptive principle

Nationality principle

Protective principle

Universality principle

Açıklama:

Prescriptive principle

Doğru Cevap: B

Soru 56

Which one of the following statements is not
true?

Consular officers shall be liable to arrest or detention in the case of a grave crime.

Consular officers shall be committed to prison
in execution of a judicial decision of final effect.

If criminal proceedings are instituted against a consular officer, he does not need to appear before the competent authorities.

Consular officers may be sentenced to imprisonment in the case of grave crime.

When a consular officer is detained, the proceedings against him should be instituted with the minimum delay.

Açıklama:

If criminal proceedings are instituted against a consular officer, he does not need to appear before the competent authorities.

Doğru Cevap: C

Soru 57

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
strongest interest in punishing the criminal

The local forum is the most convenient to try
the offender

The local forum is more efficient than others

The offender is most likely to be found there

To avoid the element of double jeopardy

Açıklama:

The local forum is more efficient than others

Doğru Cevap: C

Soru 58

State jurisdiction does not connote the power
of the:

State to prescribe the rules

State to enforce the rules

Court of law to try a particular dispute

State to regulate conduct or consequences of
events

Head of the government to conduct State affairs.

Açıklama:

Head of the government to conduct State affairs.

Doğru Cevap: E

Soru 59

"Describing an act by a public authority, company, or other body that goes beyond the limits of the powers conferred on it."
What's the term described above?

Extra-territorial jurisdiction

Forum

Substantial connection

Ultra vires

Conflict of jurisdiction

Açıklama:

Describing 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. The correct option is D.

Doğru Cevap: D

Soru 60

"It determines jurisdiction by reference to the place where the offence is committed."
Which of the following is the correct type of jurisdiction?

Territorial principle

Nationality principle

Protective principle

Conflict of jurisdiction

Universality principle

Açıklama:

Doğru Cevap: A

Soru 61

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

Açıklama:

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.

Doğru Cevap: E

Soru 62

"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."
What's the term described above?

Nationals

Juristic persons

Concurrent jurisdiction

Objective territorial principle

Alien

Açıklama:

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. The correct option is B.

Doğru Cevap: B

Soru 63

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

Açıklama:

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.

Doğru Cevap: E

Soru 64

I. An equal has no authority over an equal.
II. The principle of non-intervention.
III. Rule of comity or reciprocity.
Which of the above can be given as the basis of jurisdictional immunity?

Only I

Only II

I and III

II and III

I, II and III

Açıklama:

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. Immunity also rests on the functional
As a result, all of the statements are correct. The correct options is E.

Doğru Cevap: E

Soru 65

"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

Açıklama:

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.

Doğru Cevap: D

Soru 66

I. to protect the interests of the sending state and its nationals,
II. to negotiate with the government of the receiving state,
III. to report about the conditions of the receiving state.
Which of the above are the functions of a diplomatic mission?

Only I

Only II

I and II

II and III

I, II and III

Açıklama:

Under customary international law, diplomatic missions have three functions to perform:
I. to protect the interests of the sending state and its nationals,
II. to negotiate with the government of the receiving state,
III. to report about the conditions of the receiving state.
As a result, all three statements are correct. The correct option is E.

Doğru Cevap: E

Soru 67

"A formal document by which the head of an accredited state presents its newly appointed diplomatic agent to the head of state of the host country."
What is the term described above?

Agrement

Letter of Credence

Persona non grata

Temporary envoy

Plenipotentiary

Açıklama:

Letter of credence (lettre de créance): A formal document by which the head of an accredited state presents its newly appointed diplomatic agent to the head of state of the host country. The correct option is B.

Doğru Cevap: B

Soru 68

I. Indirect taxes,
II. Taxes on private property,
III. Tax on income.
Which of the above does a diplomatic agent pay for?

Only I

Only II

I and II

II and III

I, II and III

Açıklama:

A diplomatic agent is exempt from all dues and taxes. The agent, however, is liable to pay:
A. Indirect taxes, such as sales tax or service charges;
B. Dues and taxes on private immovable property situated in the territory of the receiving state such as house tax;
C. Estate, succession or inheritance duty, levied by the receiving state;
D. Tax on income having its source in private investments in commercial undertaking in the receiving state;
E. Charges levied for specific services rendered such as road tax.
All fo the statements are correct. The correct option is E.

Doğru Cevap: E

Soru 69

I. Territorial principle
II. Nationality principle
III. Conflict principle
IV. Protective principle
V. Universality principle
Which are the general principles on the basis of which states generally claim jurisdiction?

I, II, III and IV

II, III, IV and V

I, II, IV and V

I, II, III and V

I, III, IV and V

Açıklama:

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.

Doğru Cevap: C

Soru 70

What is it called when a state exercises its jurisdiction beyond its territory?

Criminal Jurisdiction

Civil Jurisdiction

Territorial Jurisdiction

Extraterritorial Jurisdiction

Exclusive Jurisdiction

Açıklama:

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.

Doğru Cevap: D

Soru 71

What is the concept in which a foreign sovereign or state is not amenable to the jurisdiction of the state of the forum unless it voluntarily submits to the jurisdiction of the local courts and the law enforcement agencies?

State immunity

Active Nationality Principle

Passive Nationality Principle

Criminal Jurisdiction

Civil Jurisdiction

Açıklama:

A foreign sovereign or state is not amenable to the jurisdiction of the state of the forum unless it voluntarily submits to the jurisdiction of the local courts and the law enforcement agencies. However, there is no bar against the foreign sovereign initiating the proceedings in territorial state. The concept was earlier attached to the person of the sovereign, but later extended to the state and its organs. The two terms, state immunity and sovereign immunity, are often times used interchangeably.

Doğru Cevap: A

Soru 72

What is it called when a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad?

Objective territorial principle

Subjective territorial principle

Active nationality principle

Passive nationality principle

Sovereign immunity

Açıklama:

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Doğru Cevap: B

Soru 73

Under which principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory?

Active Nationality Principle

Passive Nationality Principle

Extradition

Sovereign Immunity

State Immunity

Açıklama:

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.

Doğru Cevap: A

Soru 74

I. Protection of the interests of the sending state and its nationals
II. Negotiation with the government of the receiving state
III. Reporting about the conditions of the receiving state
Which are the functions of diplomatic missions?

I and II

I and III

II and III

Only I

I, II and III

Açıklama:

Doğru Cevap: E

Soru 75

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

Açıklama:

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.

Doğru Cevap: E

Soru 76

What is a diplomatic agent who is unacceptable to the receiving state called?

Juristic person

Alien

Ambassador

Attaché

Persona non grata

Açıklama:

Persona non grata [Latin: an unacceptable or unwelcome person]: A diplomatic agent who is unacceptable to the receiving state. The sending state should recall such an agent; if this fails to occur, the host state may ignore the presence of the agent or expel him from its territory.

Doğru Cevap: E

Soru 77

Which is not an immunity diplomatic agents have?

Immunity from any local and military obligations

Freedom to communicate for official purposes

The right to travel freely in the territory of the host state

Exemption from the social security legislation as an employer

Exemption from social security provisions in force in the receiving state

Açıklama:

States conduct diplomatic functions in the territory of the receiving State with its specific permission. This entitles diplomatic missions and their staff to certain privileges and immunities and enables them to function smoothly.
Immunities that a diplomatic agent enjoys are as follows: • Right to travel freely in the territory of the receiving state, subject to the condition that he cannot go to the prohibited area that is important for the national security of the receiving state (Art. 26); • Freedom of communication for official purpose (Art. 27); • Exemption from social security provisions in force in the receiving state, except in case of servants for whom he must comply with the social security legislation as an employer (Art. 33); • Immunity from local and military obligations (Art. 35).

Doğru Cevap: D

Soru 78

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

Açıklama:

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

Doğru Cevap: C

Soru 79

Which of the following is NOT one of the four general principles on the basis of which states generally claim criminal jurisdiction?

Territorial principle

Nationality principle

Protective principle

Universality principle

Defensive principle

Açıklama:

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, 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). Defensive principle is not one of these general principles.

Doğru Cevap: E

Soru 80

Which criminal jurisdiction principle determines jurisdiction by reference to the place where the offence is committed?

Territorial principle

Nationality principle

Protective principle

Universality principle

Defensive principle

Açıklama:

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The territorial principle determines jurisdiction by reference to the place where the offence is committed.

Doğru Cevap: A

Soru 81

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

Açıklama:

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.

Doğru Cevap: B

Soru 82

Which criminal jurisdiction principle refers to jurisdiction according to the national interest of the state injured by the offence?

The territorial principle

The nationality principle

The protective principle

The defensive principle

The universality principle

Açıklama:

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The protective principle refers to jurisdiction according to the national interest of the state injured by the offence.

Doğru Cevap: C

Soru 83

Which criminal jurisdiction principle provides jurisdiction by reference to the nature of the crime (for example, piracy)?

The territorial principle

The nationality principle

The protective principle

The universality principle

The defensive principle

Açıklama:

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The universality principle provides jurisdiction by reference to the nature of the crime (for example, piracy). The correct answer is D.

Doğru Cevap: D

Soru 84

According to which principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad?

Subjective territorial principle

Objective territorial principle

Active nationality principle

Passive nationality principle

Universality principle

Açıklama:

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad. The correct answer is A.

Doğru Cevap: A

Soru 85

According to which principle, a state has jurisdiction over a crime when a crime commenced in another state but was completed or consummated within its territory?

Subjective territorial principle

Objective territorial principle

Active nationality principle

Passive nationality principle

Universality principle

Açıklama:

According to the objective territorial principle, a state has jurisdiction over a crime when a crime commenced in another state but was completed or consummated within its territory. The state
concerned in such a case can take action against the offender. The objective territorial principle is
generally accepted and applied, according to which jurisdiction can be exercised when any essential constituent element of a crime is consummated in state territory. The correct answer is B.

Doğru Cevap: B

Soru 86

What is the conflict of jurisdiction, which is created by a combination of the territorial and nationality principles, called?

Passive nationality

Active nationality

Extradition

Linking point

Concurrent jurisdiction

Açıklama:

The territorial and nationality principles together may create the incidence of concurrent jurisdiction, leading to conflict of jurisdiction and possible double jeopardy unless resolved by clear rules about the priority between them. The correct answer is E.

Doğru Cevap: E

Soru 87

Which crime is NOT dealt on the principle of "aut punire, aut dedere"?

Genocide

Drug trafficking

Slave trade

Counterfeiting of currency

Hijacking

Açıklama:

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.

Doğru Cevap: C

Soru 88

Which of the following can NOT enjoy a certain degree of immunity from local jurisdiction, under international law?

Foreign public ships

Foreign armed forces

International organizations

Diplomatic representatives

Policymakers

Açıklama:

Doğru Cevap: E

Soru 89

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

Açıklama:

Forum [from Latin: public place]. The place or
country in which a case is being heard (Martin,
2003: 210).

Doğru Cevap: A

Soru 90

"The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction."
Which principle refers to jurisdiction according to the national interest of the state injured by the offence?

Territorial principle

Nationality principle

Protective principle

Universality principle

None of the above

Açıklama:

Doğru Cevap: C

Soru 91

Which one of the below is a reason for the exercise of territorial jurisdiction?

The state from which the offender is generally has the strongest interest in punishing the criminal

A local forum is the most convenient one, since it is more likely to be unbiased

The offender is most likely to be familiar with the legal system of that state

The state may help understand the offender's motives more precisely

To avoid subjecting the person to two legal systems at the same time

Açıklama:

The obvious reasons for the exercise of territorial
jurisdiction, particularly relating to criminal law,
are that:
• The state where the crime is committed
generally has the strongest interest in
punishing the criminal
• The local forum is the most convenient
one, since the witnesses and other facilities
are most probably available there
• The offender is most likely to befound there
• To avoid the element of double jeopardy,
i.e., subjecting the person to two legal
systems at the same time.

Doğru Cevap: E

Soru 92

What is a juristic person?

A human being recognized as a legal personality

An entity(such as a corporation) recognized as a legal personality

A judge at an international court

Any person that is part of an international case

A legal person that can only be tried at a territorial jurisdiction

Açıklama:

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.

Doğru Cevap: B

Soru 93

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

Açıklama:

Delicts jure gentium means "wrong against the Law of
Nations."

Doğru Cevap: C

Soru 94

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.
Which of the following is NOT an example of such crimes?

Genocide

Counterfeiting of currency

Taking of hostages

Drug dealing

Hijacking

Açıklama:

Genocide, drug trafficking,
trafficking in women and children, counterfeiting
of currency, taking of hostages, torture, apartheid,
attacks on diplomats, and hijacking are considered international crimes. 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.

Doğru Cevap: D

Soru 95

Which one of the following does NOT enjoy exemption and immunity from local jurisdiction under international law?

Foreign armed forces

Foreign public ships

International organizations

Immigrants living in a foreign country

Diplomatic represantatives of foreign states

Açıklama:

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.

Doğru Cevap: D

Soru 96

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

Açıklama:

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.

Doğru Cevap: E

Soru 97

Which of the following is a diplomatic agent NOT liable to pay?

Sales tax

Taxes on private immovable property

Tax on income from private investments

Payroll taxes

Charges levied for specific services rendered such as road tax

Açıklama:

A diplomatic agent is exempt from all dues and
taxes. The agent, however, is liable to pay:
i. Indirect taxes, such as sales tax or service
charges;
ii. Dues and taxes on private immovable
property situated in the territory of the
receiving state such as house tax;
iii. Estate, succession or inheritance duty,
levied by the receiving state;
iv. Tax on income having its source in private
investments in commercial undertaking in
the receiving state;
v. Charges levied for specific services rendered
such as road tax;
vi. Registration, court or record fees, mortgage
dues, and stamp duty with respect to
immovable property.

Doğru Cevap: D

Soru 98

Which of the following describes the notion that a diplomatic missions personifies the sending state?

The extraterritoriality theory

The representative character theory

The functional necessity theory

Diplomatic asylum

Special duty

Açıklama:

The representative character theory,
which considers the diplomatic mission
as personifying the sending state and the
diplomat as representative of the foreign
sovereign.

Doğru Cevap: B

Soru 99

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.

Açıklama:

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.

Doğru Cevap: B

Soru 100

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.

Açıklama:

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.

Doğru Cevap: D

Soru 101

Which of the followings is the principle that determines jurisdiction by reference to the place where the offence is committed?

Nationality principle.

Universality principle.

Protective principle.

Conflict of jurisdiction.

Territorial principle.

Açıklama:

Doğru Cevap: E

Soru 102

I. The state where the crime is committed generally has the strongest interest in punishing the criminal
II. To practice the element of double jeopardy
III. The offender is most likely to be found there
Which of the ones stated above is among the reasons for the exercise of territorial jurisdiction particularly relating to criminal law?

Only I.

I & III.

Only II.

I, II & III.

Only III.

Açıklama:

The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that:
• The state where the crime is committed generally has the strongest interest in punishing the criminal;
• The local forum is the most convenient one, since the witnesses and other facilities are most probably available there;
• The offender is most likely to be found there,
• To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time
Therefore, the correct option is B.

Doğru Cevap: B

Soru 103

A state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.
Which of the followings is the principle described above?

Subjective territorial principle.

Forum.

Protective principle.

Universality principle.

Nationality principle.

Açıklama:

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad. Therefore, the correct option is A.

Doğru Cevap: A

Soru 104

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.

Açıklama:

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.

Doğru Cevap: C

Soru 105

An entity, such as a corporation, that is recognized as having legal personality.
Which of the followings is the term described above?

Juristic person.

Forum.

Local forum.

Ultra vires

Alien.

Açıklama:

Doğru Cevap: A

Soru 106

A person who, under the law of a particular state, is not a citizen of that state.
Which of the followings is the term described above?

Juristic person.

Forum.

Local forum.

Ultra vires.

Alien.

Açıklama:

Alien: A person who, under the law of a particular state, is not a citizen of that state. Therefore, the correct option is E.

Doğru Cevap: E

Soru 107

The surrender by one state to another of a person accused of committing an offence in the latter.
Which of the followings is the term described above?

Alien.

Jurisic Person.

Forum.

Local forum.

Extradition.

Açıklama:

Extradition: The surrender by one state to another of a person accused of committing an offence in the latter. Therefore, the correct option is E.

Doğru Cevap: E

Soru 108

The wrong against the “Law of Nations.” Which of the followings is the term described above?

Aliens.

Ultra vires.

Delicts jure gentium.

Forum.

Extradition.

Açıklama:

Delicts jure gentium: wrong against the “Law of Nations.” Therefore, the correct option is C.

Doğru Cevap: C

Ünite 6

Soru 1

State responsibility under international law is defined as - - - .
Which of the following correctly completes the sentence above?

the rights and duties betweenthe citizens of the claimant state and the state alleged to be responsible

injuries caused by the diplomatic representatives of another state

violations of the territorial sovereignty of another state.

damages done to the territory or property of another state.

delict (wrong or misdemeanor) in the municipal sense.

Açıklama:

Responsibility under international law arises from the breach of a duty or non-performance of an international obligation by a state, even though the facts bring into question the rights and duties under municipal law between the citizens of the claimant state and the state alleged to be responsible.

Doğru Cevap: A

Soru 2

The Draft Articles on Responsibility of States for Internationally Wrongful Acts (the Draft Articles) only deal with---.
Which of the following correctly completes the sentence above?

the position of individual states

cooperation between states

the responsibility of states

rights and duties of citizens

the International Criminal Court

Açıklama:

The Draft Articles deal only with the responsibility of states.

Doğru Cevap: C

Soru 3

Which crimes does a state have responsibility for in international law?

Breaches of extradition rules

Denial of political rights to aliens

Following the rule of pacta sund servanda

Acts such as genocide and war crimes

Reductions in the contribution to the UN budget

Açıklama:

As for the criminal responsibility of States under international law, it has not been clearly established or accepted, even though the act is criminal in nature such as genocide or war crimes.

Doğru Cevap: D

Soru 4

Internationally wrongful act consists of - - - .
Which of the following correctly completes the sentence above?

wrong instigation

torts

misstatements

violations of the law

certain actions or omissions

Açıklama:

Doğru Cevap: E

Soru 5

Valid consent by a state may be vitiated by all of the following except ...
Which of the following correctly completes the sentence above?

error

obligation

fraud

corruption

coercion

Açıklama:

Valid consent by a State ...may be vitiated by error, fraud, corruption, or coercion.

Doğru Cevap: B

Soru 6

Restitution refers to - - - .
Which of the following correctly completes the sentence above?

a rule through which an injured State is entitled to obtain compensation from the State which has committed an internationally wrongful act for the damage.

a matter of negotiation.

loss of property, where the damage is assessable in the context of market price, including even the loss of profits, and therefore it may become compensable.

the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act.

an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality.

Açıklama:

Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act. The PCIJ in the Chorzow Factory case confirmed the primacy of restitution

Doğru Cevap: D

Soru 7

The treatment of aliens (foreign nationals) has been a controversial subject under international law. What are the two principal approaches in this respect?

By descent from parents (jus sanguinis) and by birth in the territory of the state

General rules and private rules

Matters of domestic law and mattes of international law

The right of individual protection and the right of aliens' protection

International minimum standard and national treatment

Açıklama:

The treatment of aliens (foreign nationals) has been a controversial subject under international law. There are two principal approaches in this respect:

international minimum standard of treatment which must be accorded to aliens by all states, irrespective of how they treat their own nationals; and

national treatment, that is, treatment equal to that given by the concerned state to its own nationals must be accorded to aliens.

Doğru Cevap: E

Soru 8

Which of the following is NOT established by the "Draft Articles on Responsibility of States for Internationally Wrongful Acts" 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

Açıklama:

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.

Doğru Cevap: C

Soru 9

Which of the following is an issue that the "Draft Articles on Responsibility of States for Internationally Wrongful Acts" does not deal with?

obligations of states arising out of permitted acts

responsibilities of states in conducting wrongful acts

definition of internationally wrongful acts

determining which claims can be admitted

determining which acts can be attributed to states

Açıklama:

The Draft deals only with the responsibility of states for conduct that is internationally wrongful. It does not deal with the obligations of states arising out of acts that are not prohibited and that may have been expressly permitted under international law (such as compensation for property duly taken for a public purpose). The Draft also does not deal with the responsibility of international organizations or of other non-state entities, including individuals.

Doğru Cevap: A

Soru 10

"In principle, the presence of Article 2 of the Draft will entail the international responsibility of a state. This has been affirmed by the Court in a number of cases. However, the respondent state may justify its action by claiming self-defense or _______________ for its non-performance."
Which of the following best completes the sentence above?

self-determination

geopolitical position

political condition

force majeure

future threat

Açıklama:

Doğru Cevap: D

Soru 11

The conduct of persons or groups is attributable to the state if - - - .
Which of the following correctly completes the sentence above?

the persons or groups have committed acts under the effective control of that state, even if particular instructions may have been ignored

the persons or groups have committed acts by using the flag and name of a state.

the persons or groups have committed acts after being provoked by the officials of another state.

the persons or groups have committed acts through a military or paramilitary organization.

the persons or groups have committed acts to save the citizens from the oppression of another country.

Açıklama:

The conduct of persons or groups is attributable to the state if the persons or groups have committed acts under the effective control of that state, even if particular instructions may have been ignored.

Doğru Cevap: A

Soru 12

Which of the following is NOT among the issues to be clarified before a state is held responsible in terms of breach of an international obligation?

Causation

Injury

Damage

Time of occurrence

Predictability

Açıklama:

Breach of an international obligation, prima facie (at first sight), gives rise to state responsibility. However, before a state is held responsible, a number of other issues also arise such as causation (fault), injury, damage, and the time of its occurrence (for the purposes of non-retrospectivity).

Doğru Cevap: E

Soru 13

Which of the following is a case where harm or damage has to be proved before state responsibility is actually laid down?

Mere breach of obligation

Tax evasion

Kidnapping of diplomats

Environmental pollution

Assassination of politicians

Açıklama:

The role of harm or damage in state responsibility is also a debatable subject. As evident from the Draft Articles, there is no general requirement of harm or damage before the State responsibility is actually laid down. In certain situations, mere breach of an obligation is enough to give rise to the responsibility of the state such as a minor infringement of the inviolability of an embassy or a consular mission. On the other hand, in trans-boundary environment pollution cases, such as river pollution, the actual damage needs to be established to fix the state responsibility.

Doğru Cevap: D

Soru 14

Which of the following is NOT among the "circumstances precluding wrongfulness" according to the Draft of Articles?

Consent

Economic regression

Countermeasures

Distress

Necessity

Açıklama:

The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses):
• Consent (Art. 20),
• Self-defense (Art. 21),
• Countermeasures (Art. 22),
• Force majeure (Art. 23),
• Distress (Art. 24),
• Necessity (Art. 25).

Doğru Cevap: B

Soru 15

Which of the following consequences of internationally wrongful acts is described by Article 31 of the Draft of Articles?

Reparation

Restitution

Satisfaction

Cessation and non-repetition

Compensation

Açıklama:

The responsible state is obliged to make full reparation for the consequences of its breach, especially where actual harm or damage has occurred, provided it is not too remote or indirect. Article 31 of the Draft Articles deals with reparation.

Doğru Cevap: A

Soru 16

Which of the following is among the rationale behind the rule that reads local remedies must be exhausted before further action?

To disrespect the sovereignty of states

To forbid the states o redress within its own legal system

To increase the number of possible international claims

To better evaluate the facts

To sustain justice

Açıklama:

Art. 44(b) of the Draft Articles on State Responsibility provides that “the responsibility of a State may not be invoked if: the claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted.” It is an established rule of customary international law that before diplomatic protection is afforded or before recourse may be made to international arbitral or judicial processes, local remedies must be exhausted. The rationale behind the rule may be summarized as follows:

To respect the sovereignty of States. The state must be given the first opportunity to exercise jurisdiction on those matters occurring within its own territory;
To allow the concerned state the opportunity to afford redress within its own legal system for the alleged wrong;
To reduce the number of possible international claims;
To better evaluate the facts. Exhausting local remedies rests on considerations of practical convenience as the local courts are better placed to evaluate the facts;
To claim denial of justice. There can be no claim on the basis of denial of justice until local remedies have been exhausted.

Doğru Cevap: D

Soru 17

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

Açıklama:

-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.

Doğru Cevap: D

Soru 18

Which one of the following is not an example of the establishments of responsibility of individuals for their criminal acts?

Rainbow Warrior arbitration

Criminal Tribunals for Yugoslavia

The Nuremberg and Tokyo trials

The Special Court for Sierra Leone

Criminal Tribunals for Rwanda

Açıklama:

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

Doğru Cevap: A

Soru 19

I. Attribution
II. Self-defense
III. The absence of any valid justification
Which one(s) of the statements above is/are among the important elements regarding state responsibility?

Only I

Only II

Only III

I-II

I-III

Açıklama:

There are three important elements regarding state responsibility: attribution (imputability), breach (causation), and the absence of any valid justification or legal excuse.

Doğru Cevap: E

Soru 20

Which one of the following cases occured between France and New Zealand on July 10, 1985?

United States Diplomatic and Consular Staff in Tehran case

Rainbow Warrior

Military and Paramilitary Activities in and against Nicaragua

Prosecutor v. Tadić

The Gustave Caire case

Açıklama:

The Greenpeace ship Rainbow Warrior was sunk in Auckland harbor by French agents on July 10, 1985, which was an attributable conduct. The French Government subsequently admitted that explosives were planted on the ship by agents on the orders of the Directorate General of External Security. New Zealand sought and received an apology and compensation from France for the violation of its sovereignty

Doğru Cevap: B

Soru 21

Which one of the following terms refers to the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted?

force majeure

attribution

diplomatic protection

criminal responsibility

state responsibility

Açıklama:

Diplomatic protection is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted. Such protection extends to both natural and legal persons (Oxford Public International Law)

Doğru Cevap: C

Soru 22

Which one of the following is not among the circumstances precluding wrongfulness stated in The Draft Articles in Chapter V of Part One?

Consent

Self-defense

Countermeasures

Attribution

Force majeure

Açıklama:

The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses):
• Consent (Art. 20),
• Self-defense (Art. 21),
• Countermeasures (Art. 22),
• Force majeure (Art. 23),Distress (Art. 24),
• Necessity (Art. 25).

Doğru Cevap: D

Soru 23

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

Açıklama:

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.

Doğru Cevap: B

Soru 24

Which one 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?

restitution

status quo ante

reparation

cessation

non-repetition

Açıklama:

Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act.

Doğru Cevap: A

Soru 25

I. international minimum standard
II. international maximum standard
III. national treatment
Which one(s) of these statements are among the principal approaches regarding the treatment of aliens (foreign nationals)?

Only I

Only II

Only III

I-II

I-III

Açıklama:

The treatment of aliens (foreign nationals) has been a controversial subject under international law. There are two principal approaches in this respect:
• international minimum standard of treatment which must be accorded to aliens
by all states, irrespective of how they treat their own nationals; and
• national treatment, that is, treatment equal to that given by the concerned state to its own nationals must be accorded to aliens.

Doğru Cevap: E

Soru 26

Which one of the following stands for the legal remedies which are open to an injured person before the judicial or administrative courts or bodies, whether ordinary or special, of the State alleged to be responsible for causing the injury?

nationality of claims

diplomatic protection

local remedies

preponderance of interests

genuine link

Açıklama:

According to Article 14 of the Draft Articles on Diplomatic Protection, local remedies means “legal remedies which are open to an injured person before the judicial or administrative courts or bodies, whether ordinary or special, of the State alleged to be responsible for causing the injury.”

Doğru Cevap: C

Soru 27

When did the UN General Assembly adopt the Draft Articles on Responsibility of States for Internationally Wrongful Acts?

1999

2000

2001

2002

2005

Açıklama:

In 2001, the UN General Assembly adopted the Draft Articles on Responsibility of States for Internationally Wrongful Acts (the Draft Articles), prepared by the International Law Commission (ILC).

Doğru Cevap: C

Soru 28

In which case the PCIJ affirmed that whena state commits an internationally wrongful actagainst another state, international responsibilityis established “immediately as between the two States” ?

In the Phosphates in Morocco case

In The Factory at Charzow case

LaGrand case

In the Rainbow Warrior arbitration

In the Corfu Channel case

Açıklama:

In the Phosphates in Morocco case(Italy v. France, 1938), the PCIJ affirmed that whena state commits an internationally wrongful act
against another state, international responsibilityis established “immediately as between the twoStates” (Judgment, para. 48).

Doğru Cevap: A

Soru 29

In which case did the ICJ say that the international responsibility of a state is engaged by the action of the competent organs and authorities acting in that state, whatever they may be?

The Gustave Caire v. United Mexican States case

In the LaGrand case

In the United States Diplomatic and Consular Staff in Tehran case

In the Prosecutor v. Tadić case

In the Military and Paramilitary Activities in and against Nicaragua case

Açıklama:

In the LaGrandcase (Germany v. United States of America 2001),the ICJ said that the international responsibility of a state is engaged by the action of the competent organs and authorities acting in that state, whatever they may be.

Doğru Cevap: B

Soru 30

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

Açıklama:

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.

Doğru Cevap: A

Soru 31

In which case had the Permanent Court of International Justice spelled out this linkage between the breach and reparation as follows?
“It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form. Reparation therefore is the indispensable complement of a failure to apply a convention and there is no necessity for this to be stated in the convention itself” (1927 PCIJ, p. 21)

In the Chorzow Factory case

In the Gabcikovo-Nagymaros Project case

In the LaGrand case

In the Case of De Becker v. Belgium

In the Corfu Channel case

Açıklama:

In the Chorzow Factory case, the Permanent Court of International Justice had spelled out this linkage between the breach and reparation as follows:
“It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form. Reparation therefore is the indispensable complement of a failure to apply a convention and there is no necessity for this to be stated in the convention itself” (1927 PCIJ, p. 21).

Doğru Cevap: A

Soru 32

"Reparation must wipe out the consequences of the breach, putting the parties as far as possible in the same position as they would have been if the breach had not occurred"
Which principle is related to this pragraph above?

Persona non grata

Lex Commissoria

Status quo ante

Culpa in contrahendo

Lex posterior derogat legi priori

Açıklama:

The underlying principle is that reparation must restore the status quo ante (the previous or last contested state before the current state). In other words, reparation must wipe out the consequences of the breach, putting the parties as far as possible in the same position as they would have been if the breach had not occurred.

Doğru Cevap: C

Soru 33

Which of the following is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted?

Diplomacy

Diplomatic protection

Immunity from jurisdiction

Immunity from prosecution

Privilege from arrest

Açıklama:

Doğru Cevap: B

Soru 34

The act in question must be brought about by an irresistible force or by an unforeseen
event
Which is beyond the control of the State concerned
Which makes it materially impossible in the circumstances to perform the obligation

Which ones above are elements only where the force majeure as a defense is available?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

The force majeure as a defense is available only where the following three elements are met:
• the act in question must be brought about by an irresistible force or by an unforeseen
event,
• which is beyond the control of the State concerned, and
• which makes it materially impossible in the circumstances to perform the obligation.

Doğru Cevap: E

Soru 35

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

Açıklama:

National treatment, that is, treatment equal to that given by the concerned state to its
own nationals must be accorded to aliens.

Doğru Cevap: A

Soru 36

Which of the following is defined as a person who, under the law of a particular state, is not a citizen of that state?

Alien

Citizen

International persons

Legal person

Natural person

Açıklama:

Alien is defined as a person who, under the law of a particular state, is not a citizen of that state.

Doğru Cevap: A

Soru 37

Which of the following was not established in The Draft Articles in 2001?

Conditions for an act to qualify as internationally wrongful

General defenses to liability

Consequences of liability

Effects of claims

Admissibility of claims

Açıklama:

The Draft Articles established:

Admissibility of claims
Consequences of liability
General defenses to liability
Conditions for an act to qualify as internationally wrongful

Doğru Cevap: D

Soru 38

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

Açıklama:

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.”

Doğru Cevap: A

Soru 39

Which of the following is false about the Rainbow Warrior case?

Rainbow Warrior was a Greenpeace ship.

It sank near Auckland in 1975.

French Directorate General of External Security ordered to plant explosives on the ship.

New Zealand received an apology and compensation from France.

The UN Secretary-General mediated in the matter.

Açıklama:

Doğru Cevap: B

Soru 40

Which of the following terms is defined as "the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted"?

International obligation

Breach of an obligation

Diplomatic protection

Wrongful acts

Causation

Açıklama:

Doğru Cevap: C

Soru 41

Which of the following terms refers to "the jurisdiction of a court of law over a proposed action in relation to the passage of time"?

Ratione temporis

Fault

Culpa

Force majeure

Consent

Açıklama:

Jurisdiction ratione temporis (temporal jurisdiction) refers to the jurisdiction of a court of law over a proposed action in relation to the passage of time

Doğru Cevap: A

Soru 42

Protection
Self-Defense
Necessity
Fault
Consent

Which of the circumstances above are enlisted under the heading circumstances precluding wrongfulness in Chapter V of Part One of the Draft Articles?

I and II

I and III

II, III and IV

II, III and V

III, IV and V

Açıklama:

Consent
Distress
Necessity
Self-defense
Force majeure
Countermeasures

Doğru Cevap: D

Soru 43

I. The act in question must be brought about by an irresistible force or by an unforeseen event, II. Which is beyond the control of the State concerned, III.Which makes it materially impossible in the circumstances to perform the obligation. Which of the elements above are obligatory for force majeure to qualify as a defense?

Only I

Only III

I and III

II and III

I, II and III

Açıklama:

Force majeure as a defense is available only where the following three elements are met:

The act in question must be brought about by an irresistible force or by an unforeseen event,

Which is beyond the control of the State concerned,

Which makes it materially impossible in the circumstances to perform the obligation.

Doğru Cevap: E

Soru 44

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

Açıklama:

Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act.

Doğru Cevap: E

Soru 45

Under the law of a particular state, what is a person who is not a citizen of that state called?

Foreigner

Stranger

Alien

Immigrant

Inhabitant

Açıklama:

A person who, under the law of a particular state, is not a citizen of that state is called an "alien".

Doğru Cevap: C

Soru 46

Which of the following terms refers to attaining nationality by descent from parents?

Jus sanguinis

Jus soli

Associé

Siege social

Ad hoc

Açıklama:

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).

Doğru Cevap: A

Soru 47

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

Açıklama:

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.

Doğru Cevap: E

Soru 48

I. The state is responsible for its own acts,
II. The state is not responsible for the acts of private parties.
III. The state is responsible for the acts of its allies.
Which one of the governing principles are correct?

Only I

Only II

I and II

I and III

I, II and III

Açıklama:

The governing principles are that:

the state is responsible for its own acts, i.e., the acts of its organs or agents.
the state is not responsible for the acts of private parties, unless these acts can be attributed to the state due to special circumstances.

As a result, only the first two sentences are correct. The correct option is C.

Doğru Cevap: C

Soru 49

It is the procedure employed by the State of nationality of the injured person to secure protection of that person.
What is the term described above?

Breach of international obligation

Diplomatic protection

Culpa

Ratione temporis

Continuing wrongful act

Açıklama:

Doğru Cevap: B

Soru 50

I. Consent
II. Self-defense
III. Force Majeure
Which of the above is outlined in the circumstances precluding wrongfulness?

Only I

Only II

I and II

II and III

I, II and III

Açıklama:

Consent (Art. 20),
Self-defense (Art. 21),
Countermeasures (Art. 22),
Force majeure (Art. 23),
Distress (Art. 24),
Necessity (Art. 25).

As a result, all of the options are correct. The correct option is E.

Doğru Cevap: E

Soru 51

It precludes the wrongfulness of the conduct taken within the limits laid down by international law.
What's the name of the term described above?

Consent

Self-Defense

Countermeasures

Distress

Force Majeure

Açıklama:

Self-defense precludes the wrongfulness of the conduct taken within the limits laid down by international law. Article 21 of the Draft Articles states: “The wrongfulness of an act of a State is precluded if the act constitutes a lawful measure of self-defense taken in conformity with the Charter of the United Nations.” The correct answer is B.

Doğru Cevap: B

Soru 52

I. obligations for the protection of fundamental human rights,
II. obligations of a humanitarian character prohibiting reprisals,
III. other obligations under peremptory norms of general international law.
Which of the above are among the items that Countermeasures cannot affect?

Only I

Only II

I and II

I and III

I, II and III

Açıklama:

Countermeasures shall not affect, that is, cannot suspend:

the obligation to refrain from the threat or use of force as embodied in the Charter of the United Nations,
obligations for the protection of fundamental human rights,
obligations of a humanitarian character prohibiting reprisals,
other obligations under peremptory norms of general international law (Art. 50).

As a result, all of the statements are correct. The correct option is E.

Doğru Cevap: E

Soru 53

"It involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act."
What's the term described above?

Reparation

Cessation

Satisfaction

Compensation

Restitution

Açıklama:

Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act. The correct answer is E.

Doğru Cevap: E

Soru 54

I. by descent from parents.
II. by paying nationality fee.
III. by birth in the territory of the state.
Which of the above are of the ways of attaining nationality?

Only I

Only II

I and II

I and III

I, II and III

Açıklama:

Two of the most common ways to attaining nationality are by descent from parents (jus sanguinis) and by birth in the territory of the state (jus soli). Therefore, the correct answer is D.

Doğru Cevap: D

Soru 55

"A person who, under the law of a particular state, is not a citizen of that state."
What's the term described above?

Alien

Limitation

National treatment

International minimum standard

Natural persons

Açıklama:

A person who, under the law of a particular state, is not a citizen of that state is called alien. The correct answer is A.

Doğru Cevap: A

Soru 56

I. the act in question must be brought about by an irresistible force or by an unforeseen event,
II. which is beyond the control of the State concerned,
III. which makes it materially impossible in the circumstances to perform the obligation.
Which of the above is necessary for force majeure to be available?

Only I

Only II

I and II

II and III

I, II and III

Açıklama:

Force majeure as a defense is available only where the following three elements are met:
I. the act in question must be brought about by an irresistible force or by an unforeseen event,
II. which is beyond the control of the State concerned,
III. which makes it materially impossible in the circumstances to perform the obligation.
Therefore, all the statements are true. The correct answer is E.

Doğru Cevap: E

Soru 57

What type of responsibility do The Draft Articles deal with?

Responsibility of states

Responsibility of individuals

Responsibility of international organizations

Responsibility of non-governmental organizations

Responsibility of corporations

Açıklama:

The Draft Articles deal only with the responsibility of states.

Doğru Cevap: A

Soru 58

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

Açıklama:

Doğru Cevap: E

Soru 59

Which Article of the Draft Articles makes it clear that the “individual responsibility under international law of any person acting on behalf of a State” is distinct from the State responsibility?

Article 56

Article 57

Article 58

Article 59

Article 60

Açıklama:

Article 58 of the Draft Articles makes it clear that the “individual responsibility under international law of any person acting on behalf of a State” is distinct from the State responsibility.

Doğru Cevap: C

Soru 60

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. Tadić case

The Military and Paramilitary Activities in and against Nicaragua case

The Hostages case

Açıklama:

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).

Doğru Cevap: A

Soru 61

In which court case Albania was held liable for its failure to warn the United Kingdom of the presence of mines in Albanian waters which had been laid by a third state?

Corfu Channel case

Hostages case

Gustave Caire v. United Mexican States case

Prosecutor v. Tadić case

LaGrand case

Açıklama:

In the Corfu Channel case (ICJ 1949), Albania was held liable for its failure to warn the United Kingdom of the presence of mines in Albanian waters which had been laid by a third state.

Doğru Cevap: A

Soru 62

In which article of the Draft Articles it is stated that “There is a breach of an international obligation by a state when an act of that state is not in conformity with what is required by that obligation, regardless of its origin or character”?

Article 9

Article 10

Article 11

Article 12

Article 13

Açıklama:

“There is a breach of an international obligation by a state when an act of that state is not in conformity with what is required by that obligation, regardless of its origin or character” (Article 12, Draft Articles).

Doğru Cevap: D

Soru 63

Which Article of the Draft Articles states that “An act of a State does not constitute a breach of an international obligation unless the State is bound by the obligation in question at the time the act occurs.”?

Article 11

Article 12

Article 13

Article 14

Article 15

Açıklama:

Article 13 of the Draft Articles states the basic principle: “An act of a State does not constitute a breach of an international obligation unless the State is bound by the obligation in question at the time the act occurs.” Hence, it is important to examine at what point an obligation entered into force for the state, when it ceased to bind the state, or when it was terminated.

Doğru Cevap: C

Soru 64

Which term refers to the jurisdiction of a court of law over a proposed action in relation to the passage of time?

Jurisdiction ratione temporis

Prima facie responsibility

Non-retrospectivity

Ultra vires

Jus cogens

Açıklama:

Jurisdiction ratione temporis (temporal jurisdiction) refers to the jurisdiction of a court of law over a proposed action in relation to the passage of time (USLegal.com).

Doğru Cevap: A

Soru 65

Which of the following is NOT one of the defenses listed in The Draft Articles in Chapter V of Part One, under the heading of “circumstances precluding wrongfulness”?

Self-defense

Countermeasures

Force majeure

Distress

Cooperation

Açıklama:

International law recognizes certain grounds justifying or excusing non-compliance by a state with its international obligations. These defenses preclude the responsibility of a state for its wrongful conduct. The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses):
• Consent (Art. 20),
• Self-defense (Art. 21),
• Countermeasures (Art. 22),
• Force majeure (Art. 23), • Distress (Art. 24),
• Necessity (Art. 25).
Cooperation is not among the defenses listed in The Draft Articles.

Doğru Cevap: E

Soru 66

In which case the ICJ accepted that countermeasures might justify otherwise unlawful conduct “taken in response to a previous international wrongful act of another State”?

The LaGrand case

The Gabcikovo-Nagymaros Project case

The Caire case

The Corfu Channel case

The Case of De Becker v. Belgium

Açıklama:

In the Gabcikovo-Nagymaros Project case, the ICJ accepted that countermeasures might justify otherwise unlawful conduct “taken in response to a previous international wrongful act of another State” (ICJ 1997, p. 55).

Doğru Cevap: B

Soru 67

Which of the below do the Draft Articles NOT establish?

General defenses to liability

The consequences of liability

Admissibility of claims

The use of armed force

Conditions for an act to qualify as internationally wrongful

Açıklama:

the Draft Articles are “secondary rules” that
address basic issues of responsibility and remedies
available for breach of primary (substantive) rules
of international law, such as with respect to the use
of armed force. 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.

Doğru Cevap: D

Soru 68

Which one of the following is a reason for a respondent state to justify its action?

Breach of territorial law

Not recognizing the state

Force majeure

Attritution

Absence of valid legal excuse

Açıklama:

There are three important elements regarding
state responsibility: attribution (imputability),
breach (causation), and the absence of any valid
justification or legal excuse.
The respondent state may justify its action
by claiming self-defense or force majeure (superior
or irresistible force) for its non-performance.

Doğru Cevap: C

Soru 69

If an order for an act of the state involves some action or omission by its actor or actors, then what element regarding state responbility occurs?

Attribution (imputability)

Breach (causation)

Absence of valid justification

Force majeure

Self-defense

Açıklama:

Conduct attributable to the state may consist
of actions or omissions. For a particular conduct to
be characterized as an internationally wrongful act,
it must first be attributable to the state to create
its responsibility either generally or specifically in
certain circumstances. In order for an act of the
state to be attributable, it must involve some action
or omission by its actor or actors. Then the question
remains as to which persons should be considered as
acting on behalf of the state. The official position of
a person is immaterial to creating responsibility for
the state.

Doğru Cevap: A

Soru 70

As per the attribution element; "To give rise to legal responsibility, it would have to be proved that a state has effective control of operations."
In which case was it stated that “degree of control may, however, vary according to the factual circumstances of each
case” ?

Military and Paramilitary Activities in and against Nicaragua

Prosecutor v. Tadić

The United States Diplomatic and Consular Staff in Tehran

Phosphates in Morocco

The Factory at Charzow

Açıklama:

In the Prosecutor v. Tadić
case, the Appeals Chamber of the International
Tribunal for the Former Yugoslavia (ICTY) stated
that the “degree of control may, however, vary
according to the factual circumstances of each
case” (Case IT-94-1: (1999), vol. 38, p. 1518).
The conduct of persons or groups is attributable to
the state if the persons or groups have committed
acts under the effective control of that state, even
if particular instructions may have been ignored.

Doğru Cevap: B

Soru 71

"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

Açıklama:

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

Doğru Cevap: A

Soru 72

"The procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted."
What is the term described above?

International obligation

State responsilibity

Legal compensation

Diplomatic protection

Causation

Açıklama:

Diplomatic protection is the procedure employed
by the State of nationality of the injured person to
secure protection of that person, and to obtain
reparation for the internationally wrongful act
inflicted. Such protection extends to both natural
and legal persons.

Doğru Cevap: D

Soru 73

Which one the following is true for attributing responsibility to a state for the breach of an international obligation?

There is no need for a casual connection between the act and the breach by the state

The State cannot be held responsible for the acts of its officials or organs

Responsibility is always based on fault

Fault is necessary for responsibility with regard to the alleged conduct of the state

If the act is deliberate, consideration of fault has a significant
role

Açıklama:

In attributing responsibility to a state for the
breach of an international obligation, fault or culpa
is a debatable issue. According to the supporters of
‘objective responsibility’ doctrine, there should be
a casual connection between the act and the breach
by the state or by its organs.
The State is responsible for the acts of its officials
or organs, which may devolve upon it despite the
absence of any fault on its part.
Accordingly, there is no clear rule that
responsibility is always based on fault or that
responsibility is independent of fault. Hence
there is no clear presumption either way.
If the act is carried out
deliberately, consideration of fault has insignificant
role. Therefore, much depends on the context and
on the interpretation of the obligation breached.
The international law on state responsibility, as
stated in the Draft Articles (2-12), does not consider
fault as a prerequisite for an act or omission to be
characterized as an international wrong. However,
the case law points to the conclusion that fault is a
necessary condition for responsibility with regard
to the alleged conduct of the state

Doğru Cevap: D

Soru 74

Which one is NOT a legal excuse for breach of international law?

Consent

Self-defense

Non-recognition

Countermeasures

Distress

Açıklama:

International law recognizes certain grounds
justifying or excusing non-compliance by a state
with its international obligations. These defenses
preclude the responsibility of a state for its
wrongful conduct. The Draft Articles in Chapter V
of Part One enlist these defenses under the heading
of “circumstances precluding wrongfulness,”
though they are not exclusive. It sets out six
circumstances (defenses):
• Consent (Art. 20),
• Self-defense (Art. 21),
• Countermeasures (Art. 22),
• Force majeure (Art. 23),
• Distress (Art. 24),
• Necessity (Art. 25).

Doğru Cevap: C

Soru 75

If any act occurs by an irresistable force or by an unforeseen event, which circumstance can a state take advantage of?

Consent

Self-defense

Countermeasure

Force majeure

Distress

Açıklama:

Force majeure as a defense is available only
where the following three elements are met:
• the act in question must be brought about
by an irresistible force or by an unforeseen
event,
• which is beyond the control of the State
concerned, and
• which makes it materially impossible in the
circumstances to perform the obligation

Doğru Cevap: D

Soru 76

In the case of an internationally wrongful act, which one of the below is NOT a legal consequence for the responsible state?

Cessation

Capitulation

Restitution

Compensation

Satisfaction

Açıklama:

The core legal consequences for the responsible
state on the commission of an internationally
wrongful act are twofold: to cease the wrongful
conduct (Art. 30) and to make full reparation for
the injury caused by the internationally wrongful
act (Art. 31). Injury includes any damage, whether
material or moral, caused by the internationally
wrongful act of a state.
These consist of cessation, non-repetition, restitution, compensation, and satisfaction.

Doğru Cevap:

Soru 77

I. General defenses to liability
II. Admissibility of claims
III. the consequences of admissibility
Which of the ones stated above is among the topics established in th Draft Articles on Responsibility of States for Internationally Wrongful Acts adopted by UN in 2001?

Only I.

I & II.

Only III.

I & III.

Only II.

Açıklama:

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.
Therefore, the correct option is C.

Doğru Cevap: B

Soru 78

"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.

Açıklama:

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.

Doğru Cevap: B

Soru 79

Breach.

Force majeure.

An omission.

Diplomatic protection.

An internationally wrongful act.

Açıklama:

Doğru Cevap: D

Soru 80

"This is the term used when an act of that state is not in conformity with what is required by that obligation, regardless of its origin or character."
Which of the followings is the term described above?

Diplomatic protection.

Force majeure.

A breach of an international obligation.

Self-defense.

An internationally wrongful act.

Açıklama:

In determining the responsibility of a state, it is necessary to establish that the given conduct attributable to a state constitutes a breach of its international obligations. “There is a breach of an international obligation by a state when an act of that state is not in conformity with what is required by that obligation, regardless of its origin or character”. Therefore, the correct option is C.

Doğru Cevap: C

Soru 81

In attributing responsibility to a state for the breach of an international obligation, which of the followings is a debatable issue?

Harm.

Diplomatic protection.

Damage.

Force majeure.

Culpa.

Açıklama:

In attributing responsibility to a state for the breach of an international obligation, fault or culpa is a debatable issue. Therefore, the correct option is E.

Doğru Cevap: E

Soru 82

"The jurisdiction of a court of law over a proposed action in relation to the passage of time."
Which of the followings is the term described above?

Ratione temporis.

Culpa.

Force majeure.

Jus cogens.

Diplomatic protection.

Açıklama:

Jurisdiction ratione temporis (temporal jurisdiction) refers to the jurisdiction of a court of law over a proposed action in relation to the passage of time. Therefore, the correct option is A.

Doğru Cevap: A

Soru 83

International law recognizes certain grounds justifying or excusing non-compliance by a state with its international obligations. Which of the followings is not one of these grounds?

Force majeure.

Necessity.

Consent.

Colonization.

Self-defense.

Açıklama:

Doğru Cevap: D

Soru 84

I. obligation to refrain from the threat or use of force as embodied in the Charter of the United Nations,
II. obligations for the protection of local national laws,
III. obligations of a humanitarian character prohibiting reprisals.
Which of the ones stated above is among the points that cannot suspended by countermeasures?

Only I.

I & III.

Only II.

I, II & III.

Only III.

Açıklama:

Countermeasures shall not affect, that is, cannot suspend:
• the obligation to refrain from the threat or use of force as embodied in the Charter of the United Nations,
• obligations for the protection of fundamental human rights,
• obligations of a humanitarian character prohibiting reprisals,
• other obligations under peremptory norms of general international law
Therefore, the correct option is B.

Doğru Cevap: B

Soru 85

I. An act brought about by an irresistible force,
II. Under the control of the State concerned,
III. Material impossibility.
Which of the elements listed above makes force majeure available as a defense?

I, II & III.

I & III.

I & II.

II & III.

Only III.

Açıklama:

force majeure as a defense is available only where the following three elements are met:
• the act in question must be brought about by an irresistible force or by an unforeseen event,
• which is beyond the control of the State concerned, and
• which makes it materially impossible in the circumstances to perform the obligation
Therefore, the correct option is B.

Doğru Cevap: B

Soru 86

"Defense is limited to cases where human life is at stake."
The statement above is the fundamental condition for which one of the followings?

Force Majeure.

Necessity.

Self-Defense.

Distress.

Consent.

Açıklama:

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”. The wrongfulness of the conduct is precluded in circumstances where the state agent had no other reasonable way of saving life. Thus, defense is limited to cases where human life is at stake. Therefore, the correct option is D.

Doğru Cevap: D

Ünite 7

Soru 1

Which of the following explains why classical international law did not focus on international crimes historically?

Because individuals were considered as objects of international law.

Because international crimes have become common recently.

Because individuals did not commit crimes outside of their home country.

Because international crimes have become a sideproduct of globalization.

Because the narrow definition of crimes covered only local crimes before globalization.

Açıklama:

Classical international law did not focus on international crimes, because individuals were considered as objects (rather than subjects) of international law. Individuals were not endowed with any rights or duties, with the exception of piracy, under international law that could be enforced by any state under its municipal law.

Doğru Cevap: A

Soru 2

Which of the following is one of the two International Military tribunals set up for adjudicating crimes committed during the Second World War?

The Special Tribunal for Lebanon

The Tokyo Tribunal

The European Court of Justice

The European Court of Human Rights

The International Criminal Court

Açıklama:

After the Second World War, revolutionary changes came in this area. The Allied powers set up two International Military Tribunals (Nuremberg Tribunal in 1945 and Tokyo Tribunal in 1946) to try the criminals who committed war crimes, crimes against humanity, crimes against peace, and conspiracy to commit these crimes.

Doğru Cevap: B

Soru 3

- - - were NOT one of the counts of offenses listed in the Charter of Nuremberg and Tokyo Tribunals?
Which of the following correctly completes the sentence above?

Crimes against peace

War crimes

Propaganda crimes

Crimes against humanity

Conspiracies to commit certain crimes

Açıklama:

The Charter of Nuremberg and Tokyo tribunals had four counts of offenses:
• 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

Doğru Cevap: C

Soru 4

Which of the following organizations started the attempts to establish an international permanent criminal court in 1920?

The League of Nations

The Mechanism for International Criminal Tribunals

The Preparatory Committee on the Establishment of an International Criminal Court

The Committee on International Criminal Jurisdiction

The Committee of Jurists

Açıklama:

Consisting mainly of judges from the victorious States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case).

Doğru Cevap: E

Soru 5

Which of the following is NOT among the organs of the International Criminal Court?

Office of Translation

Trial Division

Pre-Trial Division

Office of the Prosecuter

Registry

Açıklama:

The Court is composed of the following organs (Art.34):
• the Presidency;
• an Appeals Division, a Trial Division, and a Pre-Trial Division;
• the Office of the Prosecutor;
• the Registry.

Doğru Cevap: A

Soru 6

Which of the following is NOT among the crimes against humanity as outlined by Article 7 of the Rome Statute of the ICC?

Extermination

Genocide

Enslavement

Apartheid

Torture

Açıklama:

Article 7 defines crimes against humanity as acts when “committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.” Under this, it lists the following acts:
• murder;
• extermination;
• enslavement;
• deportation or forcible transfer of population;
• imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
• torture;
• rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
• persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender grounds that are universally recognized as impermissible under international law;
• enforced disappearance of persons;
• the crime of apartheid;
• other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Doğru Cevap: B

Soru 7

Which of the following is NOT among the reasons indicating that a person shall not be criminally responsible as outlined in Article 31 of the Rome Statute of the ICC?

S/he suffers from a mental disease

S/he is in a state of intoxication

the conduct is compatible with the person's social norms and values

S/he defends herself/himself or another person

the conduct has been caused by duress

Açıklama:

According to Article 31 of the Statute, person shall not be criminally responsible if, at the time of that person’s conduct):
• he/she was suffering from a mental disease or defect that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct;
• the person is in a state of intoxication that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct;
• the person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person;
• the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress.

Doğru Cevap: C

Soru 8

When do terrorist acts amount to an international crime?

When acts are not limited to one particular state but spill over to other states in their effects

When acts harm certain ethnic or indigineous groups in a country

When acts are directed to remove the elected officials of a state from office

When acts performed in one country is against the customs of another country

When acts are carried out in a country with the intention to create an international effect

Açıklama:

An act of terrorism amounting to international crime should have an international element, that is, it should involve two or more states. Terrorist activities carried out within a state are criminal offences punishable under the relevant laws of the state concerned. On the other hand, terrorist acts amount to an international crime when:
• Acts are not limited to one particular state but spill over to other states in their effects;
• Acts are carried out with the support or acquiescence of the state where the terrorist organization is located, or they are state-sponsored terrorist acts; and
• Acts are carried out on a large scale and are serious in nature, hence they are the concern of international community and a threat to international peace.

Doğru Cevap: A

Soru 9

Which one of the following acts is not among the international crimes?

aircraft hijacking

trafficking in women and children

counterfeiting of currency

drug and narcotics addiction

kidnapping of diplomats

Açıklama:

Doğru Cevap: D

Soru 10

Which of the following, as a priciple of criminal law, 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

De jure

Counterfeiting

Bona fide

Açıklama:

mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused

Doğru Cevap: B

Soru 11

Which one of the following ad hoc tribunals was created to investigate the assassination of Rafik el-Hariri?

The Special Court for Sierra Leone (2002)

The Extraordinary Chambers in the Courts of Cambodia (2003)

The Special Tribunal for Lebanon (2006)

The East Timor Special Panels for Serious Crimes (2005)

The International Military Tribunal at Nuremberg (1945)

Açıklama:

Special Tribunal for Lebanon (2006) (investigating the assassination of Rafik elHariri)

Doğru Cevap: C

Soru 12

Which of the following was not among the counts of offences in the Charter of the Nuremberg and Tokyo International Military Tribunals?

Kidnapping of diplomats

Crimes against peace

War crimes

Crimes against humanity

Conspiracy to commit certain crimes

Açıklama:

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.

Doğru Cevap: A

Soru 13

I. The Tribunal manifests the failure of the United Nations Security Council.
II. The Tribunal has awarded very severe sentences for offenders.
III. The Tribunal has been claimed to be antidemocratic and in violation of national sovereignty.
Which one(s) of the above is/are among the criticisms directed at the International Criminal Tribunal for the Former Yugoslavia (ICTY)?

Only I

Only II

Only III

I and III

I, II, and III

Açıklama:

The ICTY has also been criticized, among others, for the following reasons:
The Tribunal manifests the failure of the UN Security Council
The Tribunal has awarded very mild sentences
The Tribunal has been claimed to be antidemocratic and in violation of national
sovereignty and formed part of coercive order created by the Security Council.

Doğru Cevap: D

Soru 14

How many judges does International Criminal Court consist of?

Açıklama:

Article 36 of the Rome Statute outlines the qualifications and procedure of election of the judges of the Court. The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase

Doğru Cevap: D

Soru 15

Which one of the following is not one of the main organs of ICC?

Presidency

Trial Division

Judiciary Affairs

Office of the Prosecutor

Registry

Açıklama:

The Court is composed of the following organs (Art.34):
• the Presidency;
• an Appeals Division, a Trial Division, and a Pre-Trial Division;
• the Office of the Prosecutor;
• the Registry

Doğru Cevap: C

Soru 16

Which one of the following organs of ICC is responsible for the non-judicial aspects of the administration and servicing of the Court?

Presidency

Registry

Trial Division

Office of the Prosecutor

Pre-Trial Division

Açıklama:

The Registry of the Court is headed by a Registrar, who is the principal administrative officer of the Court. The Registrar exercises his/ her functions under the authority of the President of the Court. The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court

Doğru Cevap: B

Soru 17

I. killing members of the group
II. forcibly transferring children of the group to another group
III. the crime of apartheid
Which one(s) of these acts is/are regarded as genocide under the Rome Statute?

Only I

Only II

Only III

I-II

II-III

Açıklama:

Under the Rome Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group:
• killing members of the group;
• causing serious bodily or mental harm to members of the group;
• deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
• imposing measures intended to prevent births within the group; and
• forcibly transferring children of the group to another group.

Doğru Cevap: D

Soru 18

Which one of the following terms stands for the principle that the Court will only prosecute an individual if states are unwilling or unable to prosecute?

The principle of complementarity

Nullum crimen sine lege

Nulla poena sine lege

Non-retroactivity ratione personae

Ne bis in idem

Açıklama:

The important aspect in the exercise of jurisdiction by the ICC is that it is complimentary 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

Doğru Cevap: A

Soru 19

The most recent addition to the list of international crimes is:

Trafficking in women and children.

Trafficking in narcotic drugs.

Counterfeiting of currency.

Aircraft hijacking.

International terrorism.

Açıklama:

The conclusion of numerous other treaties have made the following acts international crimes: aircraft hijacking, unlawful acts against the safety of civil aviation, trafficking in women and children, trafficking in narcotic drugs, counterfeiting of currency, kidnapping of diplomats and taking of hostages. The most recent addition to this list of international crimes is international terrorism. The absence of any judicial tribunal to try the perpetrators of these crimes left the matter to the states concerned to prosecute and punish them. As a result, there is no uniformity in the substantive and procedural rules in this regard.

Doğru Cevap: E

Soru 20

The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused is called:

Nemo judex in causa sua.

Actus reus.

Mens rea.

Ultra vires.

Kambanda.

Açıklama:

Mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Mens rea is the mental element, i.e. a person’s awareness of the fact that his or her conduct is criminal, and actus reus is the physical element, i.e., the act itself.

Doğru Cevap: C

Soru 21

The Draft Code of Offences Against the Peace and Security of Mankind was formulated in:

1945

1951

1957

1967

1988

Açıklama:

Following on the judgments of the Nuremberg and Tokyo International Military Tribunals, in 1951 the International Law Commission (ILC), in pursuance of the General Assembly resolution, formulated a Draft Code of Offences Against the Peace and Security of Mankind. The Code embodied the principles of the Nuremberg trial.
The Code made reference to “persons” as guilty of crimes against the peace and security of mankind in an attempt to prevent them from sheltering behind the abstract entity of state.

Doğru Cevap: B

Soru 22

The Tokyo and Nuremberg Tribunal were criticized for the following reasons, except:

The trials were in violation of the principle of nullum poena sine lege (no punishment
without law).

Trials were an imposition of ex post facto law, giving retrospective operation to a crime that was not punishable at the time of its commission.

The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.

The tribunals only punished heads of States, ministers and high military and administrative functionaries.

The plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason.

Açıklama:

The legality of these trials and the judgments were widely criticized on the following
grounds: the trials were in violation of the principle of nullum poena sine lege (no punishment without law), trials were an imposition of ex post facto law, giving retrospective operation to a crime that was not punishable at the time of its commission, the tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful, consisting mainly of judges from the victorious States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case), the plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason.

Doğru Cevap: D

Soru 23

The first International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in:

1991

1993

1997

1999

2004

Açıklama:

Alarmed at the scale of violations of international humanitarian law and to ensure that these atrocities against civilians are halted and effectively redressed, in May 1993 the Security Council, acting under Chapter VII of the Charter, established the first International Criminal Tribunal for the Former Yugoslavia (ICTY).

Doğru Cevap: B

Soru 24

Which of the following is true regarding the International Criminal Court?

The attempts to establish an international permanent criminal court started in 1945.

The International Criminal Court was created under the Geneva Statute adopted in 2002.

The International Criminal Court consists of 10 judges.

Judges shall hold office for a term of five years and can be re-elected.

The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties.

Açıklama:

The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase. The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties. Judges shall hold office for a term of nine years and shall not be eligible for re-election.

Doğru Cevap: E

Soru 25

The organ of International Criminal Court responsible for the non-judicial aspects of the administration and servicing of the Court is:

The Appeals Division.

The Office of the Prosecutor.

The Pre-Trial Division.

The Registry.

The Trial Division.

Açıklama:

The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court. The Registrar is elected by the judges by an absolute majority through secret ballot, taking into account any recommendation by the Assembly of States Parties. If the need arises, in the same manner the judges can elect a Deputy Registrar upon the recommendation of the Registrar.

Doğru Cevap: D

Soru 26

"The use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations" is the definition for:

Act of aggression.

Genocide.

War crime.

Extermination.

Crime against humanity.

Açıklama:

An “act of aggression” has been defined as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations” (Art. 8bis (2)), i.e., without the justification of self-defense or authorization by the Security Council. The definition contains a list of seven acts of aggression (for example, invasion by
armed forces, military occupation, annexation by the use of force, bombardment and blockade of ports) that are identical/influenced by the UN General Assembly resolution 3314 (XXIX) of 14 December 1974 on the definition of Aggression.

Doğru Cevap: A

Soru 27

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.

Açıklama:

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.

Doğru Cevap: E

Soru 28

For an act to be considered international terrorism, it must include one or all the following elements, except:

The act must constitute a criminal offence under most national legal systems, such
as murder, kidnapping, hostage-taking, bombing, torture.

The act must be motivated by private motives.

The act must be aimed at compelling a state to do an act by spreading terror.

The act must be aimed at compelling an international organization to abstain from doing any act, by means of violent action .

The act should have an international element, which means it should not be confined to the territory of one state.

Açıklama:

One can conclude that terrorism as an international crime has the following elements:
the act must constitute a criminal offence under most national legal systems, such
as murder, kidnapping, hostage-taking,bombing, torture, etc.; the act must be aimed at compelling a state, an international organization, or a nonstate entity to do or to abstain from doing any act, either by spreading terror or by means of violent action or threat; the act must be motivated by political, religious, or otherwise ideological reasons and not by private motives. Besides all the elements stated above it should have an international element, which means that the act should not be confined to the territory of one state,

Doğru Cevap: B

Soru 29

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.

Açıklama:

Page 180.
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

Doğru Cevap: B

Soru 30

Which of the followings refers to the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused?

Mens rea.

Actus reus.

Ratione personae.

Rome statute.

Ultra vires.

Açıklama:

Page 180.
mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Therefore, the correct option is A.

Doğru Cevap: A

Soru 31

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.

Açıklama:

Page 181.
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.

Doğru Cevap: B

Soru 32

"The Nuremberg and Tokyo trials held at the end of the Second World War (1945-48) focused on the war-related crimes."
Which of the followings was among the counts of offences of the Charter of these tribunals?

Crimes against the monarchy.

Crimes against religion.

Crimes against peace.

Petty crimes.

Crimes against UN.

Açıklama:

Page 182.
At the Nuremberg Tribunal, 22 leaders of the Third Reich were tried. The Tokyo trials were conducted against 28 persons. The Charter of these tribunals had four counts of 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.
Therefore, the correct option is C.

Doğru Cevap: C

Soru 33

"At the Nuremberg Tribunal, 22 leaders of the Third Reich were tried. The Tokyo trials were conducted against 28 persons."
Which of the followings is among the grounds on which the legality and propriety of these trials and the judgments were criticized?

Members of the tribunals are of the ones on the losing side.

The tribunals were held long after the war was over.

There were no actual sanctions following the verdicts of the tribunals.

The tribunals were constituted by the victorious powers.

International legal procedures were not suitbly followed.

Açıklama:

Page 182.
The Nuremberg Tribunal imposed death penalty and imprisonment from 10 to 20 years. Out of 22 persons, 12 were given the death sentence, three were given the life imprisonment, four were given imprisonment of various terms, and three were acquitted. The Tokyo Tribunal found all the defendants, except two, guilty of conspiracy to wage a war of aggression. It also awarded death penalty and imprisonment. The legality and propriety of these trials and the judgments were widely criticized on the following grounds:
• The trials were in violation of the principle of nullum poena sine lege (no punishment without law). There were no rules of international law declaring such acts as illegal prior to the Second World War, they were not defined or made punishable and were also considered the acts of state.
• Trials were an imposition of ex post facto law, giving retrospective operation to a crime that was not punishable at the time of its commission.
• The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.
• Consisting mainly of judges from the victorious States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case).
• The plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason.
• One of the arguments of the defendants was that war is waged by states and not by individuals, who are not the subjects of international law. The Nuremberg Tribunal rejected it and pointed out that “international law imposes duties and liabilities upon individuals as well as upon States.
Therefore, the correct option is D.

Doğru Cevap: D

Soru 34

Which of the following bodies drafted the Convention for the creation of "an" International Criminal Court?

The League of Nations.

The United Nations.

The European Union.

The United States of America.

European Court of Human Rightd.

Açıklama:

Page 185.
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. Therefore, the correct option is A.
The question is not about the founding bodies of "the" ICC, but about the first convention that drafted the notion of "an" ICC.

Doğru Cevap: A

Soru 35

What is the number of judges to reside in International Criminal Court in Convention for the Creation of an International Criminal Court in 1937?

Açıklama:

Page 185.
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.

Doğru Cevap: B

Soru 36

According to the article 36 of the Rome Statute, what is the number of judges that International Criminal Court (ICC) consist of?

11.

15.

18.

22.

Açıklama:

Page 186.
Article 36 of the Rome Statute outlines the qualifications and procedure of election of the judges of the Court. The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase. Therefore, the correct option is D.

Doğru Cevap: D

Soru 37

Which of the followings is one of the working languages of the International Criminal Court?

Russian.

Italian.

Spanish.

German.

French.

Açıklama:

Page 187.
The candidate should have an excellent knowledge of and be fluent in at least one of the Court’s working languages (which are English and French). Nominations of candidates for election to the Court may be made by any state party to the Statute. Therefore, the correct option is E.

Doğru Cevap: E

Soru 38

I. Office of the Prosecutor,
II. Registry,
III. Appeals Division,
IV. Pre-Trial Division.
Which of the ones listed above is one of the organs of the International Criminal Court?

I, II, III & IV.

I, II & III.

II, III & IV.

I & IV.

I, III & IV.

Açıklama:

Page 187.
Composition of the ICC The Court is composed of the following organs (Art.34):
• the Presidency;
• an Appeals Division, a Trial Division, and a Pre-Trial Division;
• the Office of the Prosecutor;
• the Registry.
Therefore, the correct option is A.

Doğru Cevap: A

Soru 39

Which of the following is defined as inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories?

War crimes

Crimes against humanity

Conspiracy

Crimes against peace

Crime against life

Açıklama:

Crimes against humanity is defined as inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories..

Doğru Cevap: B

Soru 40

Which of the following is defined as crimes under the laws of
war, which included violation of customary and conventional rules and regulations relating to warfare?

War crimes

Crimes against peace

Crimes against life

Crimes against humanity

Conspiracy

Açıklama:

War crimes, i.e., crimes under the laws o war, which included violation of customary and conventional rules and regulations relating to warfare

Doğru Cevap: A

Soru 41

Which of the following is defined as action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused

Actus reus

Mens rea

War crime

Conspiracy

Genocide

Açıklama:

actus reus (guilty act): action or conduct which is
a constituent element of a crime, as opposed to
the mental state of the accused.

Doğru Cevap: A

Soru 42

Which of the following is defined as 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

Lex comissoria

Ultra vires

Quilty act

Açıklama:

Mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

Doğru Cevap: B

Soru 43

Which of the following is the old Roman law principle, retained in European law, stating the right not to be prosecuted or tried twice for the same criminal conduct?

Ne bis in idem

Nullum crimen sine lege

Nulla poena sine lege

Non-retroactivity ratione personae

Lex commissoria

Açıklama:

Ne bis in idem: The old Roman law principle, retained in European law, stating the right not to be prosecuted or tried twice for the same criminal conduct.

Doğru Cevap: A

Soru 44

Which of the following refers a person shall not be criminally responsible unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court?

Nulla poena sine lege

Nullum crimen sine lege

Non-retroactivity ratione personae

Lex posterior derogat legi priori

lex superior derogat legi inferiori

Açıklama:

nullum crimen sine lege (no crime without law), i.e., a person shall not be criminally responsible unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court;

Doğru Cevap: B

Soru 45

Which of the following refers that no person shall be criminally responsible under the Statute for conduct prior to the entry into force of the Statute?

Nullum crimen sine lege

Nulla poena sine lege

Non-retroactivity ratione personae

Lex superior derogat legi inferiori

Lex posterior derogat legi priori

Açıklama:

Non-retroactivity ratione personae, i.e., no person shall be criminally responsible under the Statute for conduct prior to the entry into force of the Statute.

Doğru Cevap: C

Soru 46

Which of the following is defined as the Court will only prosecute an individual if states are unwilling or unable to prosecute?

The principle of complementarity

Admissibility to the jurisdiction

The Interests of justice

Applicable law

No punishment without law

Açıklama:

The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute.

Doğru Cevap: A

Soru 47

Which of the following is defined as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations”?

Act of aggression

Differentiated approach

Crime of aggression

Temporal Jurisdiction

Admissibility to the Jurisdiction

Açıklama:

Doğru Cevap: A

Soru 48

Which of the following is defined as “the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations”?

Act of aggression

Differentiated approach

The crime of aggression

Genocide

Crimes Against Humanity

Açıklama:

Article 8bis defines the crime of aggression as “the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations”.

Doğru Cevap: C

Soru 49

Which of the following terms refers to "action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused"?

Mens rea

Actus reus

Aggression

Fatf

Ultra vires

Açıklama:

Actus reus refers to the action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

Doğru Cevap: B

Soru 50

Which tribunal investigated the crimes of the Red Khmer era?

Special Court for Sierra Leone

Special Tribunal for Lebanon

The East Timur Special Panels for Serious Crimes

Extraordinary Chambers in the Courts of Cambodia

International Criminal Tribunal for the Former Yugoslavia

Açıklama:

Extraordinary Chambers in the Courts of Cambodia investigated the crimes of the Red Khmer era.

Doğru Cevap: D

Soru 51

Which of the following is not one of the countries which sent judges for the panel of International Military Tribunal at Nuremberg?

The Soviet Union

The United Kingdom

Japan

France

The United States

Açıklama:

The panel of judges consisted of representatives from the Soviet Union, the United States, the United Kingdom, and France.

Doğru Cevap: C

Soru 52

Which of the following was not a count of offenses that the Charter of International Military Tribunal for the Far East and the International Military Tribunal at Nuremberg had?

Conspiracy to commit crimes.

Crimes against peace

War crimes

Crimes against humanity

Crimes against solidarity

Açıklama:

The Charter of these tribunals had four counts

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
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.

Doğru Cevap: E

Soru 53

When was the International Criminal Tribunal for Rwanda established?

1986

1994

1999

2003

2009

Açıklama:

In November 1994, the Security Council, acting under Chapter VII of the UN Charter, established the International Criminal Tribunal for Rwanda

Doğru Cevap: B

Soru 54

Which of the following events made the establishment of an international criminal court politically unrealistic?

The Kambanda case

Lack of uniformity in the administration of international criminal justice

Conflicts in the Security Council

The establishment of Committee on International Criminal Jurisdiction

The Cold War conditions

Açıklama:

The Cold War conditions made the establishment of an international criminal court politically unrealistic.

Doğru Cevap: E

Soru 55

Which of the following terms refers to “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations”

Act of agression

Proprio motu

Differentiated approach

Mens rea

Complementaeity

Açıklama:

Doğru Cevap: A

Soru 56

Which of the following is not a condition in which a person cannot be criminally responsible for his conduct?

If s/he was suffering from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct

If the person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct

If the person acts reasonably to defend himself or another person, which is essential for the survival of the person or another person

If the conduct which is alleged to constitute a crime within the jurisdiction of the Court has reasonable basis

If the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress

Açıklama:

According to Article 31 of the Statute, person shall not be criminally responsible if, at the time of that person’s conduct)

If s/he was suffering from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct.
If the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress,
If the person acts reasonably to defend himself or another person, which is essential for the survival of the person or another person
If the person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct

Doğru Cevap: D

Soru 57

What does "nullum crimen sine lege" mean?

No punishment without law

No person should be criminally responsible

No crime without law

Not to be prosecuted for the same crime twice

Not to be tried without law

Açıklama:

Nullum crimen sine lege (no crime without law), i.e., a person shall not be criminally responsible unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

Doğru Cevap: C

Soru 58

When did the General Assembly adopt "Global Counter-Terrorism Strategy" which holds a special significance, because it is for the first time that all members of the United Nations had agreed to a common strategic and operational framework to fight terrorism?

1990

1995

2001

2006

2011

Açıklama:

In September 2006, the General Assembly also adopted a “Global Counter-Terrorism Strategy.” The Strategy holds a special significance, because it is for the first time that all members of the United Nations had agreed to a common strategic and operational framework to fight terrorism.

Doğru Cevap: D

Soru 59

When was the first International Military Tribunal set up in order to try the criminals who committed war crimes?

1945

1946

1948

1963

1977

Açıklama:

1945
After the Second World War, revolutionary changes came in this area. The Allied powers set up two International Military Tribunals (Nuremberg Tribunal in 1945 and Tokyo Tribunal in 1946) to try the criminals who committed war crimes, crimes against humanity, crimes against peace, and conspiracy to commit these crimes.

Doğru Cevap: A

Soru 60

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

Açıklama:

I. Aircraft hijacking
II. Unlawful acts against the safety of civil aviation
III. Trafficking in women and children
IV. ID fraught

Doğru Cevap: D

Soru 61

A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Which of the following means the mental element?

Actus reus

Guilty act

Mens rea

Draft code

Wrongdoing

Açıklama:

Mens rea;
Mens rea is the mental element, i.e. a person’s awareness of the fact that his or her conduct is criminal.

Doğru Cevap: C

Soru 62

When was the International Criminal Court (ICC) adopted?

1954

1990

1998

2002

2010

Açıklama:

1998

Doğru Cevap: C

Soru 63

Apart from the International Criminal Court (ICC) which is a permanent tribunal, some other notable tribunals have also been createdWhich of the following is not one of these tribunals?

Code of Crimes against the Peace and Security of Mankind

Special Court for Sierra Leone

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

The East Timor Special Panels for Serious Crimes

Açıklama:

Code of Crimes against the Peace and Security of Mankind

Doğru Cevap: A

Soru 64

Which of the following is true about the trials in the Nuremberg Tribunal and the Tokyo Tribunal?

None of the defendants were acquitted in both tribunals.

All the defendants were found guilty by the Nuremberg Tribunal.

All of the defendants were given death sentence in both tribunals.

Both tribunals imposed only imprisonment for the defendants.

Death penalty and imprisonment were imposed in both tribunals and few were acquitted.

Açıklama:

Death penalty and imprisonment were imposed in both tribunals and few were acquitted.

Doğru Cevap: E

Soru 65

How many judges does the International Criminal Court consist of?

Açıklama:

The ICC consists of 18 judges.

Doğru Cevap: D

Soru 66

I. The Presidency
II. An Appeals Division, a Trial Division, and a Pre-Trial Division
III. The Office of the Prosecutor
IV. The Rules of Procedure
Which of the above are among the organs that constitue the International Criminal Court (ICC)?

I and II

I, II and III

II and IV

I, III and IV

II and III

Açıklama:

I. The Presidency
II. An Appeals Division, a Trial Division, and a Pre-Trial Division
III. The Office of the Prosecutor

Doğru Cevap: B

Soru 67

"The Court will only prosecute an individual if states are unwilling or unable to prosecute." Which of the following does this definition refer to?

Sufficient gravity

Admissibility to the Jurisdiction

The principle of complementarity

Exclusion from criminal responsibility

Applicable Law

Açıklama:

The principle of complementarity

Doğru Cevap: C

Soru 68

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

Açıklama:

The act must have private motives

Doğru Cevap: E

Soru 69

I. Aircraft hijacking,
II. Trafficking in women and children,
III. Kidnapping of diplomats and taking of hostages,
IV. Trafficking in narcotic drugs, counterfeiting of currency.
Which of the ones listed above is among the international crimes.

I & II.

I, II & III.

II & III.

II, III & IV.

I, II, III & IV.

Açıklama:

Doğru Cevap: E

Soru 70

"An action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused."
Which of the followings is the term described above?

Ultra Vires.

Jurisdiction.

Actus Reus.

Genocide.

Mens Rea.

Açıklama:

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 C.

Doğru Cevap: C

Soru 71

"The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused."
Which of the followings is the term described above?

Ultra Vires.

Aggression.

Actus Reus.

Genocide.

Mens Rea.

Açıklama:

Mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Therefore, the correct option is E.

Doğru Cevap: E

Soru 72

I. Crimes against peace,
II. Crimes against humanity,
III. War crimes.
Which of the pnes listed above is among the counts of offences listed by International Military Tribunal at Nuremberg and International Military Tribunal for the Far East?

Only III.

II & III.

I, II & III.

Only I.

Only II.

Açıklama:

The Charter of these tribunals had four counts of offences: • Crimes against peace, • War crimes, • Crimes against humanity, • Conspiracy to commit these crimes. Therefore, the correct option is C.

Doğru Cevap: C

Soru 73

Due to the end of and crimes commited in which major event were International Military Tribunal at Nuremberg and International Military Tribunal for the Far East held?

World War I.

World War II.

Korean War.

Vietnam War.

Hiroshima Bombing.

Açıklama:

The Nuremberg and Tokyo trials held at the end of the Second World War (1945-48) focused on the war-related crimes. They helped in enunciating clear principles on the law of war crimes. Therefore, the correct option is B

Doğru Cevap: B

Soru 74

Which of the followings is not among the grounds on which the Nuremberg and Tokyo trials were criticized?

Violation of the principle of nemo judex in causa sua.

Imposition of ex post facto law.

Violation of the principle of nullum poena sine lege.

The war is waged by individuals.

Constitutions of tribunals by the victorious powers.

Açıklama:

The legality and propriety of these trials and the judgments were widely criticized on the following grounds:
• The trials were in violation of the principle of nullum poena sine lege (no punishment without law). There were no rules of international law declaring such acts as illegal prior to the Second World War, they were not defined or made punishable and were also considered the acts of state.
• Trials were an imposition of ex post facto law, giving retrospective operation to a crime that was not punishable at the time of its commission.
• The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.
• Consisting mainly of judges from the victorious States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case).
• The plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason.
• One of the arguments of the defendants was that war is waged by states and not by individuals, who are not the subjects of international law. The Nuremberg Tribunal rejected it and pointed out that “international law imposes duties and liabilities upon individuals as well as upon States.”
Therefore, the correct option is D.

Doğru Cevap: D

Soru 75

I. Awarding very strict sentences,
II. Being antidemocratic,
III. Being in violation of national sovereignty.
on which of the grounds listed above was International Criminal Tribunal for the Former Yugoslavia criticized?

Only I.

I & II.

II & III.

I & III.

Only III.

Açıklama:

The ICTY has also been criticized, among others, for the following reasons:
• The Tribunal manifests the failure of the UN Security Council and the great powers to find a swift and viable solution to the conflict, reflecting the failure of diplomacy and politics. It is alleged to have been created with a specialized political campaign to destabilize the multi-ethnic state of Yugoslavia, with the aim of bringing about ‘régime change’ in Serbia.
• The Tribunal has awarded very mild sentences.
• Some of the defendants claimed that the Tribunal had no legal authority because it was established by the UN Security Council instead of the UN General Assembly, therefore it had not been created on a broad international basis. The Tribunal was established on the basis of Chapter VII of the United Nations Charter; the relevant portion of which reads “the Security Council can take measures to maintain or restore international peace and security”, whereas the dispute here was internal; in other words, it was ultra vires of the Charter.
• The Tribunal has been claimed to be antidemocratic and in violation of national sovereignty and formed part of coercive order created by the Security Council.
• There has also been failure to provide a complete separation of the prosecutorial and judicial work.
Therefore, the correct option is C.

Doğru Cevap: C

Soru 76

Which of the followings conceived the draft for a Convention for the Creation of an International Criminal Court in 1937?

United Nations.

NATO.

European Union.

NAFTA.

League of Nations.

Açıklama:

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. Therefore, the correct option is E.

Doğru Cevap: E

Soru 77

How many judges does International Criminal Court consist of?

Açıklama:

The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase. Therefore, the correct option is C.

Doğru Cevap: C

Soru 78

How long is the term served by a judge at International Criminal Court?

4 years.

7 years.

9 years.

11 years.

For their lifetime.

Açıklama:

Judges shall hold office for a term of nine years and shall not be eligible for re-election. Therefore, the correct option is C.

Doğru Cevap: C

Soru 79

Which of the following statements is not true related to “international criminal law”?

It is an old branch of international law.

Classical international law did not focus on international crimes.

Some precedents in international criminal law can be found before the First World War.

Criminal law generally deals with prohibitions addressed to individuals and penal sanctions for violation of those prohibitions imposed by individual states.

International criminal law has emanated from sources of public international law such as treaties, customs, and general principles of law recognized by nations.

Açıklama:

HISTORY AND SOURCES OF INTERNATIONAL CRIMINAL LAW
International criminal law is relatively a new branch of international law.

Doğru Cevap: A

Soru 80

Which of the followings is an action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused?

Ratione Personae

Prosecutor

Actus Reus

Mens Rea

Ultra Vires

Açıklama:

HISTORY AND SOURCES OF INTERNATIONAL CRIMINAL LAW
actus reus (guilty act): action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

Doğru Cevap: C

Soru 81

Which of the followings is the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused?

Ratione Personae

Prosecutor

Actus Reus

Mens Rea

Ultra Vires

Açıklama:

HISTORY AND SOURCES OF INTERNATIONAL CRIMINAL LAW
mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

Doğru Cevap: D

Soru 82

Which of the following counts of offences does not cover The Nuremberg and Tokyo International Military Tribunals?

Crimes against peace

War crimes

Crimes against humanity

Crime of Aggression

Conspiracy to commit these crimes.

Açıklama:

Crime of Aggression does not cover The Nuremberg and Tokyo International Military Tribunals?

Doğru Cevap: D

Soru 83

Which of the following reasons hasn’t been criticized regarding International Criminal Tribunal for the Former Yugoslavia (ICTY)?

The Tribunal has awarded very mild sentences.

Some of the defendants claimed that the Tribunal had no legal authority because it was established by the UN Security Council instead of the UN General Assembly.

The Tribunal has been claimed to be anti- democratic and in violation of national sovereignty and formed part of coercive order created by the Security Council.

The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.

The Tribunal manifests the failure of the UN Security Council and the great powers to find a swift and viable solution to the conflict, reflecting the failure of diplomacy and politics.

Açıklama:

Ad Hoc Tribunals for the Former Yugoslavia and Rwanda
“The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.” This is a critic about The Nuremberg and Tokyo International Military Tribunals.

Doğru Cevap: D

Soru 84

Which of the following statements is a reason to create a small, temporary and efficient structure mechanism for International Criminal Tribunals (MICT)?

To ensure some uniformity in the administration of international criminal justice.

To carry out a number of essential functions of both ICYT and ICTR after their closure.

To establish an international permanent criminal court started by the Committee of Jurists.

To direct the political or military action which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

To aid the courts in interpreting definitions of crimes

Açıklama:

The Mechanism for International Criminal Tribunals (MICT)
The Security Council created the “Mechanism” as a “small, temporary and efficient structure” to carry out a number of essential functions of both ICYT and ICTR after their closure. It was planned to operate for an initial period of four years and for subsequent periods of two years, unless the Security Council decides otherwise.

Doğru Cevap: B

Soru 85

How many judges does The International Criminal Court (ICC) have?

Açıklama:

Organization of the ICC
The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency.

Doğru Cevap: B

Soru 86

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.

Açıklama:

Composition of the ICC
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.

Doğru Cevap: A

Soru 87

Which of the following the organs of The International Criminal Court (ICC) is responsible for the non-judicial aspects of the administration and servicing 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.

Açıklama:

Composition of the ICC
The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court.

Doğru Cevap: E

Soru 88

Which of the following crimes is a sample of “genocide” ?

Enforced disappearance of persons.

Deportation or forcible transfer of population.

Enslavement.

Causing serious bodily or mental harm to members of the group.

The crime of apartheid.

Açıklama:

Subject-Matter Jurisdiction
Causing serious bodily or mental harm to members of the group is considered as genocide.

Doğru Cevap: D

Ünite 8

Soru 1

As proponents of legal positivism, Jeremy Bentham and John Austin believed in - - - .
Which of the following correctly completes the sentence above?

subjective morality

the individual as the subject of international law.

liberties without limits

freedom and equality.

natural law

Açıklama:

Jeremy Bentham and John Austin were its chief proponents. They considered the natural law to be vague and meaningless. They believed in freedom and equality; however, they did not base these values on natural law.

Doğru Cevap: D

Soru 2

What has been the primary contribution of sociological approach to Human Rights?

Recognizing the contextuality of human rights.

Concepts such as law, justice, morality, democracy, and freedom

Rules of positive morality.

Legal positivism.

The emphasis on obtaining a just equilibrium of interests among prevailing moral sentiments.

Açıklama:

The sociological approach identifies the empirical components of a human rights system in the context of the social process. “Its primary contribution has been its emphasis on obtaining a just equilibrium of interests among prevailing moral sentiments and the social and economic conditions of time and place.

Doğru Cevap: E

Soru 3

The first reference of personal liberties is found in the - - - .
Which of the following correctly completes the sentence above?

Magna Carta

Virginia Declaration of Rights

French Declaration of the Rights of Man and of the Citizen

Universal Declaration of Human Rights

Charter of the United Nations

Açıklama:

Doğru Cevap: A

Soru 4

The UN Human Rights Council is made of - - - Member States.
Which of the following correctly completes the sentence above?

193

Açıklama:

Doğru Cevap: D

Soru 5

Human rights are characterized by being all of the following except - - -.
Which of the following correctly completes the sentence above?

equally applicable to all

inherent in all human beings

universal

alienable

indivisible

Açıklama:

human rights are characterized by being:
•Inherent in all human beings by virtue of
their being humans;
• Inalienable;
• Equally applicable to all

Doğru Cevap: D

Soru 6

Which of the following philosophers is considered to be the chief exponent of Natural Rights Theory?

John Locke

Jeremy Bentham

John Austin

Karl Marx

Friedrich Hegel

Açıklama:

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

Doğru Cevap: A

Soru 7

Which of the following human rigths approaches supports the idea that the individual has no status in international law?

Natural law theory

Legal positivism

Marxist approach

Sociological approach

The modern approach

Açıklama:

Under positivist theory, rules of international law are merely rules of positive
morality. According to positivists, the individual has no status in international law.

Doğru Cevap: B

Soru 8

Which of the following approaches to human rights has been criticized on the grounds that it fails to explain how the rights are interrelated or what the priorities should be?

Natural law theory

Legal positivism

The Marxist approach

The sociological approach

The modern approach

Açıklama:

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”.

Doğru Cevap: D

Soru 9

In which year was the Magna Carta, the first reference of personal liberties, declared?

1789

1215

1791

1628

1787

Açıklama:

Doğru Cevap: B

Soru 10

Which one of the following is not among the regional conventions adopted on human rights?

Convention on the Crime of Apartheid, 1973

The European Convention on Human Rights, 1950

The European Social Charter, 1961,

The American Convention on Human Rights, 1969

The African Charter on Human Rights and Peoples’ Rights, 1981

Açıklama:

At the regional level, such conventions have been adopted:
• the European Convention on Human Rights, 1950,
• the European Social Charter, 1961,
• the American Convention on Human Rights, 1969,
• the African Charter on Human Rights and Peoples’ Rights, 1981,
• the Revised Arab Charter on Human Rights, 2004.

Doğru Cevap: A

Soru 11

How many members does the Human Rights Council include?

Açıklama:

Doğru Cevap: E

Soru 12

Which one of the following stands for the abbreviation of the committee working for the elimination of racial discrimination?

CEDAW

ILO

CERD

CAT

CRC

Açıklama:

The Committee for the Elimination of Racial Discrimination, consisting of 18 independent members with legal or diplomatic background, exists under the 1966 Convention on the Elimination of All Forms of Racial Discrimination. Unlike the committees under the two human rights Covenants, the expenses of the Committee under the CERD are borne by the states parties to the Convention

Doğru Cevap: C

Soru 13

Which one of the following refers to lessening or restriction of the authority, strength, or power of a law, right, or obligation?

Derogation

Exhaustion

In limine

Inadmissible

Penalty

Açıklama:

Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically in the European Convention on Human Rights, a provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention (Martin, 2003: 146).

Doğru Cevap: A

Soru 14

When was the Council of Europe founded?

1948

1949

1950

1951

1952

Açıklama:

The Council of Europe is an organization of European countries. It was founded in 1949 by ten West European countries. Currently it has 47 members

Doğru Cevap: B

Soru 15

Which of the following is false regarding human rights and how they differ from other rights?

They must be protected by law.

They are inherent in all human beings by virtue of their being humans.

The main duties deriving from human rights fall on states and not on individuals.

They are equally applicable to all.

They are alienable.

Açıklama:

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. Second, the main duties deriving from human
rights fall on states and their authorities or agents, not on individuals. As a corollary of this, human rights must be protected by law (‘the rule of law’).

Doğru Cevap: E

Soru 16

The chief exponent of natural rights theory was:

John Locke.

Jeremy Bentham.

Karl Marx.

John Austin.

Eleanor Roosevelt.

Açıklama:

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.

Doğru Cevap: A

Soru 17

"The source of human rights is to be found only in the enactments of law with sanctions attached to it" is the idea of which ideological approach?

Natural law theory.

The Marxist approach.

The sociological approach.

The miodern approach.

Positivism.

Açıklama:

Another approach to human rights is legal positivism. Under the positivist theory, the
source of human rights is to be found only in the enactments of law with sanctions attached to it.

Doğru Cevap: E

Soru 18

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.

Açıklama:

Doğru Cevap: A

Soru 19

The first reference to personal liberties is found in:

Virginia Declaration of Rights.

The Magna Carta.

French Declaration of the Rights of Man and of the Citizen.

Covenant of the League of Nations.

The Universal Declaration of Human Rights.

Açıklama:

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. Other notable references prior to the 19th century are the 1776 Virginia Declaration of Rights and the 1789 French Declaration of the Rights of Man and of the Citizen. The institutionalization of human rights in national documents penetrated into the international system at the end of the 18th century.

Doğru Cevap: B

Soru 20

Which of the following is part of the third generation of human rights?

Civil rights.

Political rights.

Economic rights.

Self-determination rights.

Cultural rights.

Açıklama:

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.

Doğru Cevap: D

Soru 21

Which of the following is true regarding the Human Rights Council (HRC)?

It is a subsidiary organ of ECOSOC.

The Council is made of 27 Member States

The Council’s Membership is based on equitable geographical distribution.

Members of the Council serve for a period of five years and are not eligible for re-election after serving one term.

Members are elected by the members of the General Assembly through open and indirect ballot.

Açıklama:

The Human Rights Council is a subsidiary organ of the General Assembly. Unlike the CHR, which was a subsidiary body of the ECOSOC and reporting to the ECOSOC, the Human Rights Council reports to the General Assembly. “The Council is made of 47 Member States, which are elected by the members of the General Assembly of the United Nations through direct and secret ballot. Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The Council’s Membership is based on equitable geographical distribution.

Doğru Cevap: C

Soru 22

The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR):

Was adopted by the Council of Europe in 1990.

Has 18 protocols in force.

Is the most established regional human rights treaty whose jurisprudence is well developed.

Imposes binding commitments on the member states.

Consists of two parts: the main rights and freedoms are contained in Section I and Section II contains various concluding provisions.

Açıklama:

The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), adopted by the Council of Europe on 4 November 1950, by far is the most established regional human rights treaty whose jurisprudence is well developed. The Convention has 14 protocols in force, adopted gradually after its coming into force on 3 September 1953. The Convention imposes binding commitments on the states parties to enforce and secure to “everyone within their jurisdiction,” the rights and freedoms enlisted in the Convention.

Doğru Cevap: C

Soru 23

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.

Açıklama:

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.

Doğru Cevap: B

Soru 24

The first human rights document that has emphasized the “third generation” rights is:

The Asia Cooperation Dialogue.

The European Convention for the Protection of Human Rights and Fundamental Freedoms.

The American Convention on Human Rights.

The African Charter on Human Rights and Peoples’ Rights.

The Arab Charter on Human Rights.

Açıklama:

The heads of the Organization of African Unity adopted the African Charter on Human Rights (also known as the Banjul Charter) on 17 June 1981. The Charter came into effect on 21 October 1986. As of 2016, all the 54 member states of the African Union have ratified the Charter. This is the first human rights document that has emphasized the peoples’ rights (Arts. 19- 24), i.e., the “third generation” rights, viz., right to self-determination, right to development, the right to freely dispose of their wealth and natural resources etc.

Doğru Cevap: D

Soru 25

Which of the followings is chief exponent in natural law theory?

John Locke.

Jeremy Bentham.

John Austin.

Karl Marx.

F. Engel.

Açıklama:

Page 208.
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. Accordingly, 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. Therefore, the correct option is A.

Doğru Cevap: A

Soru 26

According to whch of the following approaches, the individual has no status in international law?

Marxist Approach.

Modern Approach.

Positivist theory.

Sociological Approach.

Natural Law Theory.

Açıklama:

Page 208.
Another approach to human rights is legal positivism. Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it. Jeremy Bentham and John Austin were its chief proponents. They considered the natural law to be vague and meaningless. They believed in freedom and equality; however, they did not base these values on natural law. A sovereign can define the scope of liberties of its subjects. It is the principle of utility that helps the state in deciding the limits of civil liberty. Under this theory, rules of international law are merely rules of positive morality. According to positivists, the individual has no status in international law. Therefore, the correct option is C.

Doğru Cevap: C

Soru 27

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.

Açıklama:

Page 208.
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.

Doğru Cevap: D

Soru 28

Which of the followings is the aspect on which the third generation of human rights mainly focuses?

Political rights.

Supporting the developing countries.

Natural rights philosophy of the eighteenthcentury thinkers.

Social and cultural rights.

Individual’s rights.

Açıklama:

Page 212.
The Universal Declaration of Human Rights, which is the embodiment of the rights of both these generations, attaches equal importance to political and economic rights and consider them as interdependent. However, in the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. 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. Therefore, the correct option is B.

Doğru Cevap: B

Soru 29

Which of the followings is correct concerning Universal Declaration of Human Rights?

It provides the machinery to secure the observance of fundamental freedoms and human rights.

The rights mentioned are laws or forceable as laws.

The Declaration has gained absolute authority over national constitutions.

The Declaration is not a legally enforceable instrument.

It has affected no subsequent developments in the field of human rights.

Açıklama:

Page 212.
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.
The Declaration is not a legally enforceable instrument and some of the rights mentioned therein, viz., the right of asylum (Art. 14), could not be said to represent the legal rule. Other rights are merely general principles of law or represent elementary considerations of humanity. The rights enshrined in the Declaration in its 30 articles are broadly divided into civil and political rights, and economic, social and cultural rights.
Therefore, the correct option is D.

Doğru Cevap: D

Soru 30

Human Rights Council’s Membership is based on equitable geographical distribution.
According to the statement above, which of the followings possesses the least members?

African States.

Eastern European States.

Western European and other States.

Latin American and Caribbean States.

Asia-Pacific States.

Açıklama:

Page 216.
The Human Rights Council is a subsidiary organ of the General Assembly. Unlike the CHR, which was a subsidiary body of the ECOSOC and reporting to the ECOSOC, the Human Rights Council reports to the General Assembly. The Council is made of 47 Member States, which are elected by the members of the General Assembly of the United Nations through direct and secret ballot. Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The Council’s Membership is based on equitable geographical distribution. Seats are distributed as follows:
• African States: 13 seats
• Asia-Pacific States: 13 seats
• Latin American and Caribbean States: 8 seats
• Western European and other States: 7 seats
• Eastern European States: 6 seats
Therefore, the correct option is B.

Doğru Cevap: B

Soru 31

Which of the followings refers to lessening or restriction of the authority, strength, or power of a law, right, or obligation?

Concluding observations.

Derogation.

Complaints mechanism.

Conciliation.

Standing body.

Açıklama:

Page 222.
Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically in the European Convention on Human Rights, a provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention. Therefore, the correct option is B.

Doğru Cevap: B

Soru 32

How many judges sit in the Grand Chamber of the European Court of Human Rights?

17.

12.

Açıklama:

Page 223.
The European Court of Human Rights was set up at Strasbourg on 21 January 1959. The number of judges of the Court is equal to that of the members of the Council of Europe. The Court’s formation should be reflective of the contracting parties’ different legal systems. To consider a case, the Court sits in single-judge formation, in committees (consisting of three judges), chambers of seven judges, and Grand Chamber of seventeen judges. Therefore, the correct option is A.

Doğru Cevap: A

Soru 33

"Individuals or groups of individuals or NGOs could also petition before the Commission of Human Rights directly."
Which of the followings is the condition that enables individuals to petition before the commission?

In limine.

Inadmissibility.

Derogation.

Conciliation.

Exhaustion of local remedies.

Açıklama:

Page 223.
Individuals or groups of individuals or NGOs could also petition before the Commission directly, provided the state against which the complaint was made, had accepted the jurisdiction of the Commission in this regard. This right of the petitioners was subject to the rule of exhaustion of local remedies available in their own country. Therefore, the correct option is E.

Doğru Cevap: E

Soru 34

Which of the followings refers to a motion made before a trial begins?

Ad hoc.

In limine.

Inalienable.

Positive morality.

Intervention.

Açıklama:

Page 223.
In limine means “at the threshold,” referring to a motion made before a trial begins. Therefore, the correct option is B.

Doğru Cevap: B

Soru 35

I. Equally applicable to all
II. Inherent in all human beings by virtue of their being humans
III. The main duties deriving from human rights fall on individuals
IV. Fundamental and inalienable rights
Which of the statemets above are human rights characterized by?

I and II

I, III and IV

III and IV

I, II, III and IV

I, II and IV

Açıklama:

I. Equally applicable to all
II. Inherent in all human beings by virtue of their being humans
IV. Fundamental and inalienable rights

Doğru Cevap: E

Soru 36

When does the concept of human rights date back to ?

antiquity

1215

1776

1789

post 1945s

Açıklama:

The concept of human rights dates back to antiquity.

Doğru Cevap: A

Soru 37

Which of the following defines the "positivism", which is among the ideological approaches to human rights?

It emphasizes the moral worth of the individual.

It conceives human rights chiefly in a materialistic frame.

It identifies the human rights system in the context of the social process.

A sovereign can define the scope of liberties of its subjects.

It puts the individual at the center of the human rights discourse.

Açıklama:

A sovereign can define the scope of liberties of its subjects.

Doğru Cevap: D

Soru 38

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

Açıklama:

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.

Doğru Cevap: C

Soru 39

I. Civil rights
II. Political rights
III. Economic rights
IV. Social rights
V. Cultutal rights
Scholars classify human rights under three generations. Which of the above are included in the "second generation"?

I and II

III, IV and V

I, II and III

II and III

IV and V

Açıklama:

The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century.

Doğru Cevap: B

Soru 40

What is the purpose of the United Nations?

The promotion and protection of human rights and fundamental
freedoms without any distinction

Interference with domestic matters of other states

The protection of human rights between individuals and their nation.

The choice of nations and individuals who are entitled to human rights

To protect different cultural elements all over the world

Açıklama:

The promotion and protection of human rights and fundamental
freedoms without any distinction

Doğru Cevap: A

Soru 41

I. The International Covenant on Civil and Political Rights
II. The Universal Declaration of Human Rights
III. The Magna Carta
IV. The International Covenant on Economic,
Social and Cultural Rights
Which of the above does the International Bill of Rights refers to?

I and II

I, II and III

III and IV

I and IV

I, II and IV

Açıklama:

I. The International Covenant on Civil and Political Rights
II. The Universal Declaration of Human Rights
IV. The International Covenant on Economic,
Social and Cultural Rights

Doğru Cevap: E

Soru 42

When was the Universal Declaration of Human Rights adopted?

24 October 1945

9 January 1946

10 December 1948

23 December 1954

30 June 2006

Açıklama:

10 December 1948

Doğru Cevap: C

Soru 43

Which of the following institutions has been replaced by the UN Human Rights Council?

The Committee on Economic, Social and Cultural Rights

The Committee on the Elimination of Discrimination against Women

Ad hoc Conciliation Commission

The Commission on Human Rights

The Human Rights Committee

Açıklama:

NOT: Bu soruyu hazırlayan öğretim üyesi tarafından doğru cevap "B" şıkkı, yani "The Committee on the Elimination of Discrimination against Women," olarak belirtilmiştir. Ancak doğru cevap D şıkkı, yani "The Commission on Human Rights" olmalıydı. Ders kitabının 214-216 sayfalarında bu konular anlatılmakta ve 215. sayfasında da "In 2006, the Commission on Human Rights was replaced by the United Nations Human Rights Council" şeklinde açık ifade yer almaktadır. Dolayısıyla eğer soru sınavda sorulmuşsa iptal edilmeli, ancak "deneme/alıştırma sorusu" şeklinde sistemde kullanılmışsa, doğru cevap D olarak değiştirilmelidir.

Doğru Cevap: D

Soru 44

I. An individual can make the application directly to the Court
II. The Court adjudicates the contentious cases between the states on the unlawful use of force
III. The Court has advisory jurisdiction
IV. The final judgment of the Court is transmitted to the Committee of Ministers
Which ones of the above are true in relation to the European Court of Human
Rights?

I and II

I, II and III

I, II and IV

II, III and IV

II and IV

Açıklama:

I. An individual can make the application directly to the Court
II. The Court adjudicates the contentious cases between the states on the unlawful use of force
IV. The final judgment of the Court is transmitted to the Committee of Ministers

Doğru Cevap: C

Soru 45

Which one of the below is NOT true about human rights?

They are inalienable

They are equally applicable to all

Main duties deriving from human rights fall on individuals

Human rights must be protected by law

They are inherent in all human beings by virtue of being humans

Açıklama:

The concept of human rights is based on the
belief that every human being is entitled to enjoy
her/his rights without discrimination. 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.
Second, the main duties deriving from human
rights fall on states and their authorities or agents,
not on individuals.
As a corollary of this, human rights must be
protected by law (‘the rule of law’).

Doğru Cevap: C

Soru 46

"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. These rights cannot be denied to any person or taken away from a person by the ruler or the society."
Which approach/theory is described above?

Natural Law Theory

The Marxist Approach

Positivism

The Sociological Approach

The Modern Approach

Açıklama:

The chief exponent of this theory was John Locke.
Natural rights theory emphasizes the moral worth
of the individual. Accordingly, 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. These rights cannot
be denied to any person or taken away from a
person by the ruler or the society. Any denial by
the ruler will constitute a double violation; on the
one hand, it constitutes a violation of the rights
of the individual and, on the other, it constitutes
a violation by the ruler of his duty to protect the
individual.

Doğru Cevap: A

Soru 47

"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."
Which approach/theory is summarized above?

Positivism

The Marxist Approach

The Sociological Approach

The Modern Approach

Natural Law Theory

Açıklama:

“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” (Shestack,
1998: 210). 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.

Doğru Cevap: B

Soru 48

Which approach/theory led to the emergence of group rights?

Natural Law Theory

Positivism

The Marxist Approach

The Sociological Approach

The Modern Approach

Açıklama:

Human rights postulates of liberal democracy
and the rule of law are also being challenged. In
fact, the emphasis on the individual rights may
contradict the democratic theory. The idea that
the individual has rights which he/she can plead
against the state is sustained by a conviction that
the single person is of such an intrinsic worth that
he/she deserves to be protected from the harmful
consequences of a majority or abstract will. Instead,
it may be that the group rights make the individual
to realize his/her true potential by achieving his/
her interests in a given group.
This understanding has led to the emergence
of group rights, particularly as emphasized
by the developing world.

Doğru Cevap: E

Soru 49

After which event(s) did the second generation of human rights begin?

Natural rights philosophy of Locke and Rousseau

Advent of socialism

The Universal Declaration of Human Rights

Declaration on the Right to Development

The First World War

Açıklama:

The first generation consists of civil and political rights, mainly based on natural rights philosophy of the eighteenthcentury thinkers such as Locke and Rousseau. The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century. The emphasis in both has been on the individual’s rights.
The Universal Declaration of Human Rights,
which is the embodiment of the rights of both
these generations, attaches equal importance to
political and economic rights and consider them
as interdependent. However, in the 1970s, a “third
generation” rights emerged with the predominant
support of the developing countries. 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. They are enshrined in the 1986
Declaration on the Right to Development.

Doğru Cevap: B

Soru 50

"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."
Which of the below was the first important instrument to do so?

Declaration on the Right to Development

Universal Declaration of Human Rights

Covenant on Civil and Political Rights

Covenant on Economic, Social and Cultural Rights

International Bill of Rights

Açıklama:

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.

Doğru Cevap: B

Soru 51

Which of the below consisted of a group of 26 experts that was entrusted with the task of prevention of discrimination and protection of racial, national, religious and linguistic minorities?

Commission on Human Rights

Commission on the Status of Women

Sub-Commission on the Prevention of Discrimination and Protection of Minorities

Sub-Commission on the Promotion and Protection of Human Rights

Ad-hoc Working Group of Experts on Sothern Africa

Açıklama:

In 1947 the CHR established a SubCommission on the Prevention of
Discrimination and Protection of Minorities, a
panel of 26 experts that was entrusted with the task
of prevention of discrimination and protection of
racial, national, religious and linguistic minorities.
The role of the Sub-Commission ended upon the
establishment of the Human Rights Council,
but a number of its functions subsist within the
Council.

Doğru Cevap: C

Soru 52

Which of the following is true for The European Court of Human Rights?

Sits in a two-judge formation

Sits in committees consisting of five judges

Sits in chambers of seven judges

Sits in a Grand Chamber of nineteen judges

The state party’s judge sits as a member of the Court

Açıklama:

The European Court of Human Rights was
set up at Strasbourg on 21 January 1959. The
number of judges of the Court is equal to that
of the members of the Council of Europe. The
Court’s formation should be reflective of the
contracting parties’ different legal systems. To
consider a case, the Court sits in single-judge
formation, in committees (consisting of three
judges), chambers of seven judges, and Grand
Chamber of seventeen judges. The state party’s
judge sits as an ex-officio member of the Court,
other judges are appointed by the President.
“The judges are elected by the Parliamentary
Assembly of the Council of Europe from lists of
three candidates proposed by each State. They
are elected for a non-renewable term of nine
years” (www.echr.coe.int). There is no bar on two
judges having the same nationality.

Doğru Cevap: C

Soru 53

"The Council of Europe cannot make binding
law, but it does have the power to adopt treaties
and agreements and monitor their enforcement."
Which of the below is NOT one of its agreements?

1961 European Social Charter

1984 Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment

1987 European Convention on the
Prevention of Torture and Inhuman or
Degrading Treatment and Punishment

1995 Framework Convention for the
Protection of National Minorities

1997 Convention on Human Rights and
Biomedicine

Açıklama:

Unlike the
EU, the Council of Europe cannot make binding
law, but it does have the power to adopt treaties
and agreements and monitor their enforcement.
Among the most important of its agreements are:
• 1950 European Convention on Human
Rights;
• 1954 European Cultural Convention;
• 1961 European Social Charter;
• 1987 European Convention on the
Prevention of Torture and Inhuman or
Degrading Treatment and Punishment;
• 1995 Framework Convention for the
Protection of National Minorities;
• 1997 Convention on Human Rights and
Biomedicine.

Doğru Cevap: B

Soru 54

Which one of the following is The Arab Charter on Human rights based on?

Cairo Declaration on Human Rights in Islam

African Court on Human and Peoples’ Rights

The American Convention on Human Rights

European Social Charter

The European Convention on Human Rights

Açıklama:

The Charter draws upon the Universal Declaration of Human Rights, the two International
Covenants on Human Rights and the Cairo
Declaration on Human Rights in Islam.
In 2014, the member States of the Arab League,
by way of a treaty, adopted the Statute of the Arab
Court of Human Rights.

Doğru Cevap: A

Soru 55

Who is the chief exponent of the "natural rights theory"?

John Locke

Karl Marx

David Hume

Jeremy Bentham

John Austin

Açıklama:

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.

Doğru Cevap: A

Soru 56

Who is one of the chief proponents of legal positivism?

Jeremy Bentham

John Locke

Karl Marx

David Hume

Immanuel Kant

Açıklama:

Another approach to human rights is legal positivism. Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it. Jeremy Bentham and John Austin were its chief proponents.

Doğru Cevap: A

Soru 57

Which approach to human rights recognizes the contextuality of human rights in terms of the conditions of a society?

The Marxist approach

The natural rights theory

The sociological approach

Legal positivism

The modern approach

Açıklama:

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” (Shestack, 1998: 210). 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.
The focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society. Answer A, the Marxist approach is the answer.

Doğru Cevap: A

Soru 58

Which approach to human rights fails to answer the question of how a normative conclusion about rights can be derived empirically from factual premises such as having interests?

The Modern Approach

The Sociological approach

The Marxist Approach

Positivism

Natural Law Theory

Açıklama:

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” (Shestack, 1998: 212). Merely cataloguing human demands would not be enough to promote human rights.

Doğru Cevap: B

Soru 59

Which document makes the earliest known reference to personal liberties in terms of human rights?

Universal Declaration of Human Rights

Covenant of the League of Nations

French Declaration of the Rights of Man and of the Citizen

Virginia Declaration of Rights

Magna Carta

Açıklama:

The first reference of personal liberties is found in the Magna Carta of 1215 in England. Other notable references prior to the 19th century are the 1776 Virginia Declaration of Rights and the 1789 French Declaration of the Rights of Man and of the Citizen.

Doğru Cevap: E

Soru 60

According to Article 13 of the Charter, whose duty is it to initiate studies and make recommendations for “the realization of human rights and fundamentalfreedoms for all without distinction as to race, sex, language or religion”?

UN Economic and Social Council

League of Nations

UN General Assembly

European Social Charter

The African Charter on Human Rights and Peoples’ Rights

Açıklama:

It has been the duty of the UN General Assembly to initiate studies and make recommendations for “the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion” (Art. 13).

Doğru Cevap: C

Soru 61

Which of the following is NOT a regional human rights convention adopted by the UN?

The European Convention on Human Rights

The American Convention on Human Rights

The African Charter on Human Rights and Peoples’ Rights

The Asian Charter on Human Rights and Peoples’ Rights

The Revised Arab Charter on Human Rights

Açıklama:

At the regional level, the following human rights conventions have been adopted by the United Nations:
• the European Convention on Human Rights, 1950,
• the European Social Charter, 1961,
• the American Convention on Human Rights, 1969,
• the African Charter on Human Rights and Peoples’ Rights, 1981,
• the Revised Arab Charter on Human Rights, 2004.
The four Geneva Conventions, 1949; two additional Protocols to these Conventions, 1977; and the Final Act of the Conference on Security and Cooperation in Europe, 1975 (the Helsinki Accords) also contain important provisions on human rights. The Asian Charter on Human Rights and Peoples’ Rights is not among the conventions listed.

Doğru Cevap: D

Soru 62

In which decade a “third generation” human rights emerged with the predominant support of the developing countries?

1950s

1960s

1970s

1980s

1990s

Açıklama:

In the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. 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.

Doğru Cevap: C

Soru 63

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.

Açıklama:

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.

Doğru Cevap: C

Soru 64

In which year was the Universal Declaration of Human Rights adopted by the UN General Assembly?

1945

1948

1953

1966

1968

Açıklama:

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.

Doğru Cevap: B

Soru 65

Which of the followings cannot be considered among the characteristics of human rights?

Dismissable.

Interrelated.

Indivisible.

Inalienable.

Universal.

Açıklama:

Although human rights have been classified in a number of different manners, it is important to note that international human rights law stresses that human rights are universal, indivisible and interrelated. Therefore, the correct option is A.

Doğru Cevap: A

Soru 66

I. Natural Law Theory,
II. The Marxist Approach,
III. Psychological Approach,
IV. Positivism.
Which of the ones listed above is among the approaches towards human rights?

Only I.

I & II.

Only IV.

I, II & III.

I, II & IV.

Açıklama:

There are different approaches to human rights: Natural Law Theory, The Marxist Approach, Sociological Approach, Positivism and The Modern Approach. Therefore, the correct option is E.

Doğru Cevap: E

Soru 67

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.

Açıklama:

Doğru Cevap: A

Soru 68

Which of the followings identifies the empirical components of a human rights system in the context of the social process?

Natural Law Theory.

Positivism.

The Marxist Approach.

The Sociological Approach.

The Modern Approach.

Açıklama:

Doğru Cevap: D

Soru 69

Which of the followings focuses on the contextuality of human rights in terms of the conditions of a society?

Natural Law Theory.

Positivism.

The Marxist Approach.

The Sociological Approach.

The Modern Approach.

Açıklama:

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 C.

Doğru Cevap: C

Soru 70

Which of the followings claims the individual has no status in international law?

Natural Law Theory.

Positivism.

The Marxist Approach.

The Sociological Approach.

The Modern Approach.

Açıklama:

Under this theory, rules of international law are merely rules of positive morality. According to positivists, the individual has no status in international law. Therefore, the correct option is B.

Doğru Cevap: B

Soru 71

Which of the following historical documents has the first reference of personal liberties?

Magna Carta.

US Bill of Rights.

French Declaration of the Rights of Man and of the Citizen.

English Bill of Rights.

Virginia Declaration of Rights.

Açıklama:

The first reference of personal liberties is found in the Magna Carta of 1215 in England. Therefore, the correct option is A.

Doğru Cevap: A

Soru 72

I. Civil Rights,
II. Cultural Rights,
III. Political Rights,
IV. Natural Rights.
Which of the ones stated above is among the rights on which the first generation of human rights focused?

I & II.

I & IV.

II & IV.

I, III & IV.

I, II & IV.

Açıklama:

Doğru Cevap: D

Soru 73

Which of the followings is the major difference of the third generation of human rights in comparison to the first two genrations?

Focus on cultural rights.

Focus on group rights.

Focus on social rights.

Focus on economic rights.

Focus on first world countries.

Açıklama:

In the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. 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. Therefore, the correct option is B.

Doğru Cevap: B

Soru 74

How many member states form the Human Rights Council that reports to the General Assembly?

Açıklama:

Doğru Cevap: D

Soru 75

Which of the following is not one of the ideological approaches to human rights theory?

Feminist and Queer Theory

Natural Law Theory

Positivism

Marxist Approach

Sociological Approach

Açıklama:

The term “human rights,” fulfils two different but consistent functions: (1) the phrase ‘universal human rights’ is used to assert that universal norms of standards are applicable to all human societies. This assertion has its roots in the medieval notions of natural law. (2) The idea of human rights is used to affirm that all individuals, solely by virtue of being humans, have moral rights which no society or state should deny. This idea has its roots in the classical theories of natural rights. Despite these consistent functions, there are different approaches to human rights. These approaches are Natural Law Theory, Positivism, and Marxist, Sociological and Modern Approaches.

Doğru Cevap: A

Soru 76

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

Açıklama:

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.

Doğru Cevap: B

Soru 77

Which of the following is a part of group rights?

Right to vote

Right to petition

Right to life

Right to equality

Right to peace

Açıklama:

In the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. 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.

Doğru Cevap: E

Soru 78

The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights are inherent in all human beings by virtue of their being humans.
To which of the following characteristics does this statement refer to?

Human rights are universal.

Human rights are inalienable.

Human rights are indivisible.

Human rights are interrelated.

Human rights are impartial.

Açıklama:

The term “human rights,” fulfils two different but consistent functions: (1) the phrase ‘universal human rights’ is used to assert that universal norms of standards are applicable to all human societies. (2) The idea of human rights is used to affirm that all individuals, solely by virtue of being humans, have moral rights which no society or state should deny.

Doğru Cevap: A

Soru 79

The first reference of personal liberties is found in which of the following documents?

Magna Carta

Bill of Rights

The Universal Declaration of Human Rights

Virginia Declaration of Rights

French Declaration of the Rights of Man and of the Citizen

Açıklama:

Doğru Cevap: A

Soru 80

Which of the following rights did the treaties related to minorities’ rights during the time of League of Nations not cover?

The protection of life and liberty

Free exercise of religion

Equality before the law

Freedom of organization for religious and
educational purposes.

Freedom of movement

Açıklama:

In the 19thcentury a special exception was made for humanitarian intervention to prevent human rights abuses. Even before the United Nations was created, some treaties had been signed regarding the treatment of minorities. Although the Covenant of the League of Nations did not have any provision in this regard, the execution of these treaties was put under the guarantee of the League. Moreover, these treaties could not be modified without the consent of the League Council. In some cases, clauses included to bring the violation of treaty obligations before special tribunals. These treaties, however, were limited in their objectives and related to certain minorities. They did not create general obligations to respect fundamental human rights. The minority rights covered under these treaties were: the protection of life and liberty; free exercise of religion without discrimination on grounds of language, race or religion; equality before the law; and the freedom of organization for religious and educational purposes. These rights were mainly civil and political in nature. However, this protection was not extended to the rights of the individual.

Doğru Cevap: E

Soru 81

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

Açıklama:

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.

Doğru Cevap: D

Soru 82

Which of the following is not part of the International Bill of Rights?

International Covenant on Civil and Political Rights

International Covenant on Economic, Social and Cultural Rights

Optional Protocols to the Covenant on Civil and Political Rights

Universal Declaration on Human Rights

European Convention on Human Rights

Açıklama:

Among the human rights agreements, the most important are the two Covenants adopted by the General Assembly in 196.
a) the International Covenant on Civil and Political Rights and its
two Optional Protocols, and
b) the International Covenant on Economic, Social and Cultural
Rights.
These two Covenants, Optional Protocols to the Covenant on Civil and Political Rights, and the Universal Declaration on Human Rights together form the International Bill of Rights.

Doğru Cevap: E

Soru 83

Which that was The Universal Declaration of Human Rights adopted?

24 October 1945

12 July 1946

10 December 1948

13 September 1950

11 September 2001

Açıklama:

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.

Doğru Cevap: C

Soru 84

Which of the following is not a regional human rights protection mechanism?

United Nations

European Court of Human Rights

The Council of Europe

The Organization for Security and Co-operation in Europe

The American Convention on Human Rights

Açıklama:

United Nations is a global human rights protection mechanism.

Doğru Cevap: A

Soru 85

I. Human rights are inherent in all human beings by virtue of their being human.
II. Human rights are inalienable.
III. Human rights are equally applicable to all.
Which of the above are true about human rights?

Only I

Only III

I and II

II and III

I, II and III

Açıklama:

All of them are true about human rights.

Doğru Cevap: E

Soru 86

Who is the chief exponent of natural rights theory?

Jeremy Bentham

John Austin

John Locke

Eleanor Roosevelt

Karl Marx

Açıklama:

John Locke is the chief exponent of natural rights theory.

Doğru Cevap: C

Soru 87

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

Açıklama:

Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it.

Doğru Cevap: A

Soru 88

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

Açıklama:

The focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society.

Doğru Cevap: B

Soru 89

Which approach identifies the empirical components of a human rights system in the context of the social process?

The Modern Approach

The Sociological Approach

The Marxist Approach

Natural Law Theory

Positivism

Açıklama:

The sociological approach identifies the empirical components of a human rights system in the context of the social process.

Doğru Cevap: B

Soru 90

Where can the first reference of personal liberties be found?

Magna Carta

The Virginia Declaration of Rights

French Declaration of the Rights of Man and of the Citizen

League of Nations

The African Charter on Human Rights and Peoples’ Rights

Açıklama:

The first reference of personal liberties is found in the Magna Carta of 1215 in England.

Doğru Cevap: A

Soru 91

I. It consists of civil rights.
II. It consists of political rights.
III. It is mainly based on natural rights philosophy of the eighteenthcentury thinkers.
IV. It consists of cultural rights.
Which of the above can be said about the first generation of human rights?

I and II

III and IV

I, II and III

II, III and IV

I, II, III and IV

Açıklama:

The second generation of human rights consists of cultural rights.

Doğru Cevap: C

Soru 92

What was the first critical United Nations instrument, adopted by the General Assembly on December 10, 1948 which defined expressly certain human rights and fundamental freedoms that need to be protected?

The Commission on Human Rights

International Bill of Rights

1986 Declaration on the Right to Development

Universal Declaration of Human Rights

Special Rapporteurs

Açıklama:

The first critical United Nations 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.

Doğru Cevap: D

Soru 93

What is the permanent secretariat of the International Labour Organization?

European Social Charter

Conciliation Commission

Committee against Torture

Committee for the Elimination of Racial Discrimination

The International Labour Office

Açıklama:

The International Labour Office is the permanent secretariat of the International Labour Organization.

Doğru Cevap: E

Soru 94

What is "lessening or restriction of the authority, strength, or power of a law, right, or obligation." called?

Convention

Derogation

In limine

Organization

Charter

Açıklama:

Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation.

Doğru Cevap: B

Publıc Internatıonal Law I (ENG) - Tüm Sorular

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