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

Ünite 1

Soru 1

When did the concepts like pacific blockade, embargo, retaliation, reprisal, intervention, etc. arise?

During Antiquity

During Roman Empire

In the 15th century

In the 17th century

In the 19th century

Açıklama:

In the 19th century

Doğru Cevap: E

Soru 2

Which of the below is NOT true about The League of Nations?

It was founded as a post-First World War organization.

It was founded as a post-Second World War organization.

It included in the post- war peace treaties as a part of the peace deal.

Its Covenant required the States to apply methods of pacific settlement of disputes before going to war against each other.

If the methods are unsuccessful, then States could resort to war lawfully under the terms of the Covenant

Açıklama:

It was founded as a post-First World War organization.

Doğru Cevap: B

Soru 3

When was the Briand-Kellogg Pact accepted?

1915

1917

1928

1932

1945

Açıklama:

1928

Doğru Cevap: C

Soru 4

Which of the below is about retorsion?

It is a illegitimate method of showing displeasure in a way that injures the other State within the bounds of legality.

It is still the only exception to the prohibition of the use of force open to the individual States.

It is distinguishable from acts of retorsion which are lawful acts.

It is the adoption of an unfriendly and harmful, albeit lawful, act as a method of retaliation against the injurious activities of another State.

It consists of action in response to a prior unlawful military action, aimed not at defending itself, but at delivering a message of deterrence against the other State.

Açıklama:

It is the adoption of an unfriendly and harmful, albeit lawful, act as a method of retaliation against the injurious activities of another State.

Doğru Cevap: D

Soru 5

Which of the below is NOT one of P5 members?

The US

The Russian Federation

China

Great Britain

Germany

Açıklama:

Germany

Doğru Cevap: E

Soru 6

Which of the below acknowledges the inherent right of self-defense, which is not without limits?

Article 51

Article 2/4

Article 107

Article 53

Article 39

Açıklama:

Article 51

Doğru Cevap: A

Soru 7

What did the 2000s focused on?

chemical weapons

war against terrorism

collective self-defense

weapons of mass destruction

preemptive self-defense

Açıklama:

war against terrorism

Doğru Cevap: B

Soru 8

After NATO’s intervention in Kosovo, some commentators agreed that some form of exception to the prohibition may be gaining acceptance. Which of the below is NOT of these exceptions?

exhaustion of all peaceful avenues

the Security Council unable to take coercive action because of the use of veto

central authorities unable to put an end to those crimes or responsible of them itself

non-armed force being used exclusively for the limited purpose of stopping the atrocities and restoring respect for human rights

gross breaches of human rights involving loss of innocent life amounting to crimes against humanity

Açıklama:

These were:

gross breaches of human rights involving loss of innocent life amounting to crimes against humanity,
central authorities unable to put an end to those crimes or responsible of them itself,
the Security Council unable to take coercive action because of the use of veto,
- armed force being used exclusively for the limited purpose of stopping the atrocities and restoring respect for human rights, not for any goal going beyond this limited purpose.exhaustion of all peaceful avenues,
- to try to halt atrocities with the support or at least the non-opposition of the majority of the member States of the UN,

Doğru Cevap: D

Soru 9

In 2001, one of the participants in the NATO intervention, _______ promoted the creation of an independent International Commission on Intervention and State Sovereignty (ICISS).
Which of the following options completes the sentence above?

Canada

The UK

Sweden

Germany

France

Açıklama:

Canada

Doğru Cevap: A

Soru 10

Which of the below is NOT true about The Summit Outcome?

Collective military action would be taken on a case by case basis, and only as a last resort.

The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means.

It introduces a right of military intervention for individual States.

It keeps recourse to military action firmly in the hands of the Security Council.

The responsibility to protect encompasses the possibility of collective military action through the Security Council.

Açıklama:

It does not introduce a right of military intervention for individual States.

Doğru Cevap: C

Soru 11

After which of the following events was the League of Nations founded?

Chinese Civil War

The Collapse of Soviet Union

Second World War

The Fall of the Berlin Wall

First World War

Açıklama:

Doğru Cevap: E

Soru 12

For Grotius, war must be just, and it can be waged only when there is a damage given by the other party. He insisted that international law limited the use of force to three justifiable causes: defense, recovery of property, and punishment (Higgins, 1998, 238). According to information above, we can infer that classic writers consider war as a means to ______.

gain territories

declare independence

get economic gains

apply law

sustain their sovereignty

Açıklama:

For Grotius, war must be just, and it can be waged only when there is a damage given by the other party. He insisted that international law limited the use of force to three justifiable causes: defense, recovery of property, and punishment (Higgins, 1998, 238). This shows that classic writers consider war as a means to apply law, a sanction to remedy for the damage given (Keskin, 1998, 27). The correct answer is D.

Doğru Cevap: D

Soru 13

To which country did French Minister of Foreign Affairs Aristide Briand propose Briand-Kellogg Pact as a bilateral agreement to outlaw war?

The United Kingdom

Italy

The United States

Spain

Germany

Açıklama:

French Minister of Foreign Affairs Aristide Briand proposed it as a bilateral agreement between the United States and France to outlaw war between them. U.S. President Calvin Coolidge and Secretary of State Frank Kellogg were less eager about it since they worried that it could be interpreted as a bilateral alliance. To avoid this, they suggested to extend it to other States. After the severe losses of the First World War, many nations had no objections to signing it. The correct answer is C.

Doğru Cevap: C

Soru 14

For which of the following situations did the United Nations (UN) Charter permit the use of force?

Economic advantages

Self-defense

Religious causes

Invasion of new territories

Political gains

Açıklama:

Since the adoption of the United Nations (UN) Charter, there has been a continuous debate regarding the provisions governing the use of force. The Charter permitted use of force only in self-defense (selfdefence in the Charter, and in some varieties of English) and in collective enforcement action. It sets the organization’s purposes in Article 1. According to its first paragraph, maintaining international peace and security is the first of the purposes although there is not a hierarchy between them. To achieve this purpose, Article 2 determines the principles to be followed by the organization and its members. The correct answer is B.

Doğru Cevap: B

Soru 15

Which of the following is not considered as an act of aggression?

Establishment of new trade agreements with another State

An attack by the armed forces of a State on the land

The invasion by the armed forces of a State of the territory of another State

The use of any weapons by a State against the territory of another State

The blockade of the ports or coasts by the armed forces of another State

Açıklama:

Definition of Aggression resolution determines the acts below as acts of aggression:
(a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation;
(b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;
(c) The blockade of the ports or coasts of a State by the armed forces of another State;
(d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;
(e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;
(f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;
(g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein. The correct answer is A.

Doğru Cevap: A

Soru 16

Which of the following is an example for retorsion?

The blockade of the ports by the armed forces

Invasion of another State's territory

Bombardment by armed forces

Attacks on land

The severance of diplomatic relations

Açıklama:

Retorsion is the adoption of an unfriendly and harmful, albeit lawful, act as a method of retaliation against the injurious activities of another State. Examples are the severance of diplomatic relations or expulsion of aliens. It is a legitimate method of showing displeasure in a way that injures the other State within the bounds of legality.
The correct answer is E.

Doğru Cevap: E

Soru 17

Which of the following terms stands for the actions in response to a prior unlawful military action, aimed not at defending itself, but at delivering a message of deterrence against the other State?

Retorsion

Threat to the peace

Breach of the peace

Reprisal

Act of aggression

Açıklama:

Reprisals consist of action in response to a prior unlawful military action, aimed not at defending itself, but at delivering a message of deterrence against the other State. The correct answer is D.

Doğru Cevap: D

Soru 18

Which ıof the following countries is not among the permanent five members of UN Security Council?

the United States

the Russian Federation

Norway

Great Britain

France

Açıklama:

It was the veto power of the permanent five (P5) members of the Council that rendered the Council’s work impossible in the first place. P5 members are the US, the Russian Federation, China, Great Britain and France. The correct answer is C.

Doğru Cevap: C

Soru 19

Which of the following situations does Responsibility to Protect (R2P) not apply in?

genocide

self-defence

crimes against humanity

ethnic cleansing

war crimes

Açıklama:

The document specifies that R2P applies in the case of four distinct crimes: genocide, war crimes, ethnic cleansing and crimes against humanity which had previously been defined by the Rome Statute of the International Criminal Court. The correct answer is B.

Doğru Cevap: B

Soru 20

For which of the following situations did the Security Council invoke the responsibility to protect?

Libya

Sri Lanka

Darfur

Democratic Republic of Congo

Iran

Açıklama:

Regarding Libya, the Council first determined the existence of a “threat to the peace” in its resolution 1973, and invoked the responsibility to protect in the framework of this determination. This attitude shows that the Council believes the determination of a threat to the peace remain a threshold requirement. We will yet to see whether it would decide to intervene when a State is “manifestly failing” to protect its population, but the incidents stay under the threshold of a threat to the peace. The correct answer is A.

Doğru Cevap: A

Soru 21

"It was accepted for many centuries that States can choose between ________ and use of force to achieve their goals." Fill in the gap with correct option.

war

diplomacy

passive resistance

briefing

coup

Açıklama:

It was accepted for many centuries that States
can choose between diplomacy and use of force to
achieve their goals. Nevertheless, random use force
constitute a threat to the peace and to any system
created among States. According to these, the correct anwer is B.

Doğru Cevap: B

Soru 22

States would resort to force for a myriad of reasons. Which of the following can not be said about these reasons?

The reason would be a long-lasting rivalry and its costs

Belief of success despite costs of an armed conflict can be a reason

Gains even if they are not expected consciously can be one of the reasons.

Doctrine of just war has to continue to give a reason to states.

States would resort to force to compensate the losses, tat can be a reason.

Açıklama:

Another issue is that States would resort to
force for a myriad of reasons. The reason would be
a long-lasting rivalry and its costs, belief of success
despite costs of an armed conflict, or gains even if
they are not expected consciously (Patchen, 1988:
258). Moreover, States would resort to force to
compensate the losses when they consider a right
was breached, and more importantly, to right a
wrong, as a means to bring justice. According to these, the phrase in option d can not be said about the reasons of states.

Doğru Cevap: D

Soru 23

During Antiquity and the Roman Empire, philosophers paid much attention to the which question?

question of making peace

question of declaration of freedom

question of just war

question of freedom of speech

question of public uprisings

Açıklama:

During Antiquity and the Roman Empire,
philosophers paid much attention to the question
of just war. In Antiquity, it was expected to have
a just cause and that should also be declared. War
needed to have a just cause, but what could such
causes be? From Aristoteles to Cicero, there have
been many answers: breach of an armistice or
treaty, aggression against an ally of the Roman
Empire, breach of diplomatic immunities, breach
of territorial rights, refusal of the right of passage,
etc. so, the coorect answer is C.

Doğru Cevap: C

Soru 24

With which of the following options can not be hinted that these are not war, but methods of limited use of force?

pacific blockade

embargo

retaliation

reprisal

military operation

Açıklama:

In the nineteenth century, States felt that there need to be some restrictions at least, since any small
friction had the capacity to lead a full-fledged war that was not intended by either party. The result of it is
the invention of concepts such as pacific blockade, embargo, retaliation, reprisal, intervention, etc. all
hinting that these are not war, but methods of limited use of force. NAmely, the correct answer is option E.

Doğru Cevap: E

Soru 25

Which of the following can not be said about the era before the United Nations Charter?

The League of Nations was founded as a post-First World War organization and included in the postwar peace treaties as a part of the peace deal.

Its Covenant required the States to apply methods of pacific settlement of disputes before going to war against each other. If these methods proved to be unsuccessful, then States could resort to war lawfully under the terms of the Covenant.

In the Preamble, in order to achieve international peace and security, parties declared their acceptance of the obligation not to resort to war.

If the Council reaches to a unanimous decision, parties would not resort to war against any party which complies with this decision. In other words, it was possible for the parties to claim that other party were not complying with the decision and resort to war against it on the basis of this claim.

Açıklama:

The League of Nations was founded as a post-First World War organization and included in the postwar peace treaties as a part of the peace deal. Its Covenant required the States to apply methods of pacific
settlement of disputes before going to war against each other. If these methods proved to be unsuccessful,
then States could resort to war lawfully under the terms of the Covenant (LN, 1920).
In the Preamble, in order to achieve international peace and security, parties declared their acceptance
of the obligation not to resort to war. According to Article 10, “The Members of the League undertake to
respect and preserve as against external aggression the territorial integrity and existing political independence
of all Members of the League.
First observation to be made is that Article 11 regulates only “war”, but not limited methods not
amounting to war. In other words, it was not regulating all occasions of use of force. Moreover, it was
not forbidding resort to war on all occasions either.
Furthermore, according to Article 15/6, if
the Council reaches to a unanimous decision, parties would not resort to war against any party which complies with this decision. In other words, it was
possible for the parties to claim that other party
were not complying with the decision and resort to
war against it on the basis of this claim.
According to this information, the sentence given in option D cannot be said about the era. We can even say that option D belongs to the UN period.

Doğru Cevap: D

Soru 26

Which of the following can not be one of the acts of aggression determined by the definition of Aggression resolution?

The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation

The action of a State in not allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a host state

Bombardment by the armed forces of a State against the territory of another State
or the use of any weapons by a State against the territory of another State

The blockade of the ports or coasts of a State by the armed forces of another State

An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State

Açıklama:

Definition of
Aggression resolution determines the acts below as
acts of aggression:
(a) The invasion or attack by the armed forces
of a State of the territory of another State,
or any military occupation;
(b) Bombardment by the armed forces of a
State against the territory of another State
or the use of any weapons by a State against
the territory of another State;
(c) The blockade of the ports or coasts of a
State by the armed forces of another State;
(d) An attack by the armed forces of a State on
the land, sea or air forces, or marine and air
fleets of another State;
(e) The use of armed forces of one State which
are within the territory of another State
with the agreement of the receiving State,
in contravention of the conditions provided
for in the agreement or any extension of
their presence in such territory beyond the
termination of the agreement;
(f) The action of a State in allowing its
territory, which it has placed at the disposal
of another State, to be used by that other
State for perpetrating an act of aggression
against a third State;
(g) The sending by or on behalf of a State
of armed bands, groups, irregulars or
mercenaries, which carry out acts of armed
force against another State of such gravity
as to amount to the acts listed above, or its
substantial involvement therein.
Namely, the phrase in option B is a wrong definition of the one of the acts of aggression.

Doğru Cevap: B

Soru 27

Which of the following options is manifested the crucial question about Article 2/4 of the Charter of the United Nations?

Why there is not any explanation about “aggression”, “armed attack”, “breach of the peace”, “threat to the peace”, etc.

How many states are permitted use of force only in self-defense?

How to interpret the prohibition on the use of force: narrow or broad?

Why peacekeeping is not considered as a method of coercive action?

How many members of the General Assembly have to vote to declaration of war?

Açıklama:

The crucial question about Article 2/4 is that
how to interpret the prohibition on the use of
force: narrow or broad? The most important
argument about the scope of Article 2/4 is related
to the interpretation of the place or effect of
the term “against the territorial integrity or
political independence of any State, or in any
other manner inconsistent with the Purposes of
the United Nations.” Is it possible to imagine an
occasion of use of force which is consistent with
the purposes of the UN, and not in breach of the
territorial integrity or political independence of a
State, or breach it in a limited and/or temporary
way? One of these possibilities was considered as
the protection of nationals abroad who are in
danger or under threat. Another one was wars of
self-determination. so, the correct answer is option C.

Doğru Cevap: C

Soru 28

“Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” In which UN Charter article are these regulations included?

Article 51

Article 43

Article 53/1

Article 47

Article 39

Açıklama:

By the terms of Article 51 of the Charter, “the
inherent right of individual or collective selfdefense if an armed attack occurs against a Member
of the United Nations” was safeguarded. This
provided the legal basis for the use of force by a
single member or a group of members in case of an
armed attack without any requirement of Security
Council authorization. The right of individual or
collective self-defense requires no action by the
Security Council before the actual use of force.
Article 51 of the UN Charter states:
“Nothing in the present Charter shall impair
the inherent right of individual or collective
self-defense if an armed attack occurs against a
Member of the United Nations, until the Security
Council has taken measures necessary to maintain
international peace and security. Measures taken
by Members in the exercise of this right of selfdefense shall be immediately reported to the
Security Council and shall not in any way affect
the authority and responsibility of the Security
Council under the present Charter to take at any
time such action as it deems necessary in order
to maintain or restore international peace and
security.”
Namely, the correct answer is A.

Doğru Cevap: A

Soru 29

Article 51 of UN Charter acknowledges which of the following options?

inherent right of self-defense

inherent right of war

the power of Military Staff Committee to make peace

veto power of the permanent five

Security Council's responsibility for maintenance of international peace and security

Açıklama:

Article 51 acknowledges the inherent right of self-defense, which is not without limits. so, the correct anwer is given in option A.

Doğru Cevap: A

Soru 30

gross breaches of human rights involving loss of innocent life amounting to crimes against humanity

central authorities unable to put an end to those crimes or responsible of them itself

the Security Council unable to take coercive action because of the use of veto

exhaustion of all peaceful avenues,

the blockade of the ports or coasts of a State by the armed forces of another State

Açıklama:

After NATO’s intervention in Kosovo, some commentators agreed that some form of exception to thevprohibition may be gaining acceptance. One supporter of this view offered certain criteria under which armed force may become justified, even in the absence of any authorization by the Council (Cassese, 1999, 27). These were:
• gross breaches of human rights involving loss of innocent life amounting to crimes against humanity,
• central authorities unable to put an end to those crimes or responsible of them itself,
• the Security Council unable to take coercive action because of the use of veto,
• exhaustion of all peaceful avenues,
• a group of States(not a single State) deciding
to try to halt atrocities with the support or
at least the non-opposition of the majority
of the member States of the UN,
• vi) armed force being used exclusively
for the limited purpose of stopping the
atrocities and restoring respect for human
rights, not for any goal going beyond this
limited purpose.
According to these, the correct answer is E.

Doğru Cevap: E

Soru 31

After which major war was The Leagues of Nations established?

World War II

Russian Civil War

Chinese Civil War

World War I

Vietnam War

Açıklama:

The League of Nations was founded as a post-First World War organization and included in the post-war peace treaties as a part of the peace deal. The correct option is D.

Doğru Cevap: D

Soru 32

How long is the "cooling period" stated in article 12?

1 month

2 months

3 months

4 months

5 months

Açıklama:

The Covenant required parties of a dispute to go for one of the three methods of pacific settlement: arbitration, judicial settlement, or inquiry by the Council (Article 12). After applying them and obtaining no result, the States would then be allowed to take any measures they deemed necessary. e only restriction stipulated in Article 12 is the ‘cooling period’ of three months before resorting to war. The correct option is C.

Doğru Cevap: C

Soru 33

Does not relate to the use of economic or political force
Domestic use of force is not covered
Encompasses both actual use of force and the threat of force

Which ones above can be speculated about the UN Charter, Article 2/4?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Since the adoption of the United Nations (UN) Charter, there has been a continuous debate regarding the provisions governing the use of force. e Charter permitted use of force only in self-defense (self- defense in the Charter, and in some varieties of English) and in collective enforcement action. According to Article 2/4, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.” According to the generally- accepted view, the article prohibits only armed use of force. Economic or political pressure is not in the scope of the Article (Asrat, 1991, 39-40). Another generally-accepted interpretation of the terms of the Article determines that domestic use of force is not covered. Prohibition brought by Article 2/4 encompasses not only the actual use of force but also the threat of force. The correct option is E.

Doğru Cevap: E

Soru 34

Reprisals that are undertaken in peacetime
Reprisals that are proportionate to the injury suffered
Reprisals that are undertaken due to a prior deliberate violation of international law

Which one above are considered as lawful acts?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

Under customary international law, reprisals are lawful if certain criteria are met. These criteria identified at the Naulilaa Arbitration were that there must have been a prior deliberate violation of international law; that an unsuccessful attempt must have been made at redress, and that the action was taken in reprisal be proportionate to the injury suffered (Keskin, 1998, 96). Reprisals would necessarily involve a violation of Article 2/4, since it is not self-defense. The Security Council has repeatedly condemned reprisals. The texts of Article 2/4 and Article 51 clearly do not allow reprisals (Higgins, 1998, 241-242). Reprisals undertaken in peacetime are unlawful unless they fall within the framework of the principle of self-defense. The correct option is D.

Doğru Cevap: D

Soru 35

Which one below is a category of compulsion open to the States since the establishment of Carter regime?

self-defense

economic retaliation

counter-measures

non-aligned movement

mass destruction

Açıklama:

Various measures of self-help ranging from economic retaliation to the use of force have historically been used (Keskin, 1998, 89). Since the establishment of the Charter regime, there are basically three categories of compulsion open to States under international law: retorsion, reprisal, and self-defense. The correct option is A.

Doğru Cevap: A

Soru 36

What can be described as "the adoption of unfriendly and harmful, albeit lawful, act as a method of retaliation against the injurious activities of another state"?

reprisal

self-help

retorsion

self-defense

self-determination

Açıklama:

Doğru Cevap: C

Soru 37

To undertake armed forces and assistance
To determine the existence of a threat to the peace
To decide what kind of action needs to be taken by the UN

Which ones above are the duties given to the Council by Article 39?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

In summary, Article 39 gives the Council two duties: First, it needs to determine the existence of a threat to the peace, breach of the peace, or act of aggression. en, it needs to decide what kind of action is going to be taken by the UN and its member States. The correct option is D.

Doğru Cevap: D

Soru 38

Which one below is not in permanent five (P5)?

The USA

Sweden

Great Britain

France

China

Açıklama:

P5 members are the US, the Russian Federation, China, Great Britain, and France. The correct option is B.

Doğru Cevap: B

Soru 39

Necessity
Proporsitonality
Retorsion

Which ones above are the result of Caroline incident?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

Article 51 acknowledges the inherent right of self-defense, which is not without limits. First of all, an action taken in self-defense must conform with the Caroline formula. In 1837, British troops attacked and sank an American ship, the Caroline, by burning and sending it down the Niagara Falls, because the ship was being used to provide supplies to insurgents against the British rule in Canada. The US protested and demanded reparations. In the course of the diplomatic exchanges, Secretary of State Webster articulated the two conditions essential to the legitimacy of the use of force under the right of self-defense. These conditions are necessity and proportionality. The correct option is D.

Doğru Cevap: B

Soru 40

What does the definition; "a military intervention was undertaken by a State or group of States outside the umbrella of the UN in order to secure human rights in another country", refer to?

collective self-defense

self-help

mass destruction

ethnic cleansing

humanitarian intervention

Açıklama:

Classic humanitarian intervention can be defined as those instances in which a State unilaterally uses military force to intervene in the territory of another State with the purpose of protecting a group of people from life-threatening violations of the government. A more compact definition would be “a military intervention undertaken by a State or group of States outside the umbrella of the UN in order to secure human rights in another country”. The correct option is E.

Doğru Cevap: E

Soru 41

When did raison d’etat approach prevail?

During Antiquity

During the Middle Ages

In the fifteenth century

In the eighteenth century

In the nineteenth century

Açıklama:

When the raison d’etat approach prevailed in the fifteenth century, these requirements have lost their relevance. This approach preaches that the decision of resorting to force rests with the monarch, in other words, the State.

Doğru Cevap: C

Soru 42

When did the concept of total war force the States to reconsider the rules regulating resort to force?

during the First World War

during the Second World War

after Atomic Bomb

After Enlightenment

In the 21st century

Açıklama:

The concept of total war encompassing civilian life caused a huge amount of loss of life during the First World War and forced the States to reconsider the rules regulating resort to force.

Doğru Cevap: A

Soru 43

Which of the below is NOT true about The League of Nations?

It was founded as a post-First World War organization.

It included in the post- war peace treaties as a part of the peace deal.

Its Covenant required the States to apply methods of pacific settlement of disputes before going to war against each other.

If the methods proved to be unsuccessful, then States could resort to war lawfully under the terms of the Covenant.

It prevented World War II.

Açıklama:

It did little to prevent World War II.

Doğru Cevap: E

Soru 44

Which of the below is NOT one of the acts of aggression?

Bombardment by the armed forces of a State against the territory of another State

The invasion or attack by the armed forces of a State of the territory of another State

Protection of nationals abroad who are in danger or under threat.

The blockade of the ports or coasts of a State by the armed forces of another State

An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State

Açıklama:

Doğru Cevap: C

Soru 45

Which of the below is about Article 53 related to Transitionary Exceptions?

It encompasses not only the actual use of force, but also the threat of force.

It authorizes the Security Council to utilize regional arrangements or agencies for enforcement action.

The most important argument about the scope of it is related to the interpretation of the place or effect of the term “against the territorial integrity or political independence of any State.

It stipulates that nothing in the Charter shall invalidate or preclude action taken.

All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.

Açıklama:

Article 107 stipulates that nothing in the Charter shall invalidate or preclude action taken or authorized as a result of the Second World War against a State which has been an enemy of any signatory of the Charter. Article 53 authorizes the Security Council to utilize regional arrangements or agencies for enforcement action. However, it is also put that no enforcement action shall be taken under such arrangements with the exception of measures against an enemy State pursuant to Article 107. Since there is not a peace treaty ending the war for Germany, it is still possible to use this exception in case of Germany.

Doğru Cevap: B

Soru 46

What is the adoption of an unfriendly and harmful, albeit lawful, act as a method of retaliation against the injurious activities of another State called?

Self-defense

Self-help

Maintenance

Retorsion

Reprisal

Açıklama:

Doğru Cevap: D

Soru 47

Which of the below is true about reprisal?

Examples are the severance of diplomatic relations or expulsion of aliens.

It is still the only exception to the prohibition of the use of force open to the individual States.

It is the adoption of an unfriendly and harmful, albeit lawful, act as a method of retaliation against the injurious activities of another State.

It is a legitimate method of showing displeasure in a way that injures the other State within the bounds of legality.

It consists of action in response to a prior unlawful military action, aimed not at defending itself.

Açıklama:

The inability of the UN to provide States with collective security has led to prolonged debate on the legal status of reprisals under the Charter. Reprisals consist of action in response to a prior unlawful military action, aimed not at defending itself, but at delivering a message of deterrence against the other State. They are thus distinguishable from acts of retorsion which are lawful acts.

Doğru Cevap: E

Soru 48

Which article acknowledges the inherent right of self-defense, which is not without limits?

Article 51

Article 27

Article 43

Article 31

Article 107

Açıklama:

Article 51

Doğru Cevap: A

Soru 49

What was NOT mentioned in the Charter?

Preemptive self-defense

Collective self-defense

Weapons of mass destruction

Chemical weapons

Humanitarian reasons

Açıklama:

Humanitarian reasons are not mentioned in the Charter as an exception or limitation to the prohibition of the use of the force.

Doğru Cevap: E

Soru 50

What is a military intervention undertaken by a State or group of States outside the umbrella of the UN in order to secure human rights in another country called?

Self-defense

Crime against humanity

Humanitarian intervention

Genocide

Ethnic cleansing

Açıklama:

Doğru Cevap: C

Soru 51

I. Declaration by an official authority,
II. A guilt or fault of the other party,
III. Good intent of the party waging war.
According to Thomas Aquino, there were three conditions for a war to be a just one. which of the premise(s) above is/are among these conditions?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

According to Thomas Aquino, there were three conditions for a war to be a just one: Declaration
by an official authority, a guilt or fault of the other party, and good intent of the party waging war.

Doğru Cevap: E

Soru 52

For ............, war must be just, and it can be waged only when there is a damage given by the other party.
Which of the person below fills in the blank correctly?

Grotius

Aristotales

Platon

Epictetus

Sokrates

Açıklama:

For Grotius, war must be just, and it can be waged only when there is a damage given by the other party.

Doğru Cevap: A

Soru 53

In which century was the 'raison d’etat approach' prevailed?

13. century

15. Century

18. Century

19. Century

20. Century

Açıklama:

The 'raison d’etat approach' prevailed in the fifteenth century. This approach preaches that the decision of resorting to force rests with the monarch, in other words, the State.

Doğru Cevap: B

Soru 54

I. A State could not be restricted in any way other than its own consent
II. A State should be allowed only by international community to declare a war.
III. A State could resort to war or force whenever it considered necessary, and no other State had the right to judge its reasons.
Which of the premise(s) above is/are correct according to the State sovereignty approach?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

State sovereignty has become the ultimate value in the seventeenth century. According to this approach, a State could not be restricted in any way other than its own consent. Consequently, it
could resort to war or force whenever it considered necessary, and no other State had the right to judge its reasons.

Doğru Cevap: D

Soru 55

I. Embargo,
II. Retaliation,
III. Reprisal.
Which of the premises above are among the methods of limited use of force?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

In the nineteenth century, States felt that there need to be some restrictions at least, since any small friction had the capacity to lead a full-fledged war that was not intended by either party. The result of it is the invention of concepts such as pacific blockade, embargo, retaliation, reprisal, intervention, etc. all hinting that these are not war, but methods of limited use of force.

Doğru Cevap: E

Soru 56

I. It was founded as a post-First World War organization
II. It included in the postwar peace treaties as a part of the peace deal.
III. Its Covenant required the States to apply methods of pacific settlement of disputes before going to war against each other.
Which of the premise(s) above is/are correct about the League of Nations?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Doğru Cevap: E

Soru 57

I. Arbitration,
II. Judicial settlement,
III. Enquiry
Which of the method(s) above is/are among the three methods that the Covenant of League of Nations required parties of a dispute to go for?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

The Covenant of League of Nations required parties of a dispute to go for one of the three methods of pacific settlement: arbitration, judicial settlement, or enquiry by the Council.

Doğru Cevap: E

Soru 58

When was the Briand-Kellogg Pact accepted?

1925

1926

1927

1928

1929

Açıklama:

Treaty Providing for the Renunciation of War as an Instrument of National Policy accepted in 1928
widely known as the Briand-Kellogg Pact (or the Kellogg-Briand Pact as used in the English-speaking world).

Doğru Cevap: D

Soru 59

I.The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation;
(b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;
(c) The blockade of the ports or coasts of a State by the armed forces of another State;
Which of the premise(s) above is/are among the acts of aggression according to United Nations?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

According to United Nations, Definition of
Aggression resolution determines the acts below as
acts of aggression:
(a) The invasion or attack by the armed forces
of a State of the territory of another State,
or any military occupation;
(b) Bombardment by the armed forces of a
State against the territory of another State
or the use of any weapons by a State against
the territory of another State;
(c) The blockade of the ports or coasts of a
State by the armed forces of another State;
(d) An attack by the armed forces of a State on
the land, sea or air forces, or marine and air
fleets of another State;
(e) The use of armed forces of one State which
are within the territory of another State
with the agreement of the receiving State,
in contravention of the conditions provided
for in the agreement or any extension of
their presence in such territory beyond the
termination of the agreement;
(f) The action of a State in allowing its
territory, which it has placed at the disposal
of another State, to be used by that other
State for perpetrating an act of aggression
against a third State;
(g) The sending by or on behalf of a State
of armed bands, groups, irregulars or
mercenaries, which carry out acts of armed
force against another State of such gravity
as to amount to the acts listed above, or its
substantial involvement therein.

Doğru Cevap: E

Soru 60

Which of the countries below is not among the 'permanent five' of United Nations?

United States of America

Great Britain

France

Turkey

Russia

Açıklama:

The 'permanent five' of United Nations consists of the countries US, the Russian Federation, China, Great Britain and France.

Doğru Cevap: D

Soru 61

Which of the following philosopher considered damage as the main reason to wage a war?

Aquino

Aristoteles

Cicero

Grotius

Plato

Açıklama:

For Grotius, war must be just, and it can be waged only when there is a damage given by the other party.

Doğru Cevap: D

Soru 62

Which of the following war caused the highest death rate in modern history?

First World War

Second World War

Russian Civil War

Soviet-Afghan War

Vietnam War

Açıklama:

Second World War caused the highest number of deaths in modern history.

Doğru Cevap: B

Soru 63

Which of the following method encompasses resort to force in international conflicts?

Embargo

Pacific blockade

Reprisal

Retaliation

Total war

Açıklama:

The concept of total war encompassing civilian life caused a huge amount of loss of life during the First World War and forced the States to reconsider the rules regulating resort to force.

Doğru Cevap: E

Soru 64

Which of the following occasion does the United Nation’s Article 11 regulate?

War

Intervention

Embargo

Arbitration

Judicial settlement

Açıklama:

Article 11 regulates only “war”, but not limited methods not amounting to war. In other words, it was not regulating all occasions of use of force.

Doğru Cevap: A

Soru 65

Which of the following is the ‘cooling period’ before resorting to war?

1 month

2 months

3 months

4 months

5 months

Açıklama:

The only restriction stipulated in Article 12 is the ‘cooling period’ of three months before resorting to war.

Doğru Cevap: C

Soru 66

In which of the following issue does the Charter of the United Nations permit the use of force?

Self defence

Economic pressure

Political pressure

Domestic use of force

Territorial integrity

Açıklama:

The Charter permitted use of force only in self-defense.

Doğru Cevap: A

Soru 67

Which of the following issue is defined in the Charter of the United Nations?

Aggression

Armed attack

Breach of the peace

International peace

Threat to the peace

Açıklama:

According to its first paragraph, maintaining international peace and security is the first of the purposes although there is not a hierarchy between them. To achieve this purpose, Article 2 determines the principles to be followed by the organization and its members.

Doğru Cevap: D

Soru 68

Which of the following act is not regarded as an act of aggression?

Bombardment by the armed forces

Blockading ports of a state

Military exercise near border

Military occupation of a state

Extension of presence in a territory

Açıklama:

Prohibition brought by Article 2/4 encompasses not only the actual use of force, but also the threat of force. It is in the Security Council’s authority to determine whether a certain action constitutes a threat of force or not. It can be an action like military exercise near border when the relations are bad or deteriorating, or a Statement with the possibility of going into action any time.

Doğru Cevap: C

Soru 69

In which of the following case were the criteria of reprisals identified?

Briand-Kellogg Pact

Naulilaa Arbitration

Nicaragua Case

Oil Platforms Case

Soviet-Afghan War

Açıklama:

Under customary international law, reprisals are lawful if certain criteria are met. These criteria identified at the Naulilaa Arbitration, were that there must have been a prior deliberate violation of international law; that an unsuccessful attempt must have been made at redress, and that the action taken in reprisal be proportionate to the injury suffered.

Doğru Cevap: B

Soru 70

Which of the following country is one of the permanent five members of the U.N Security Council?

Turkey

Germany

Italy

Japan

China

Açıklama:

Doğru Cevap: E

Soru 71

What changed all of the previous practice?

It was the technological development that made war affect civilian life in an unprecedented degree.

The result of it is the invention of concepts.

It was expected to have a just cause and that should also be declared.

It shows that classic writers consider war as a means to apply law.

It could resort to war or force whenever it considered necessary.

Açıklama:

What changed all of the previous practice was the technological development that made war affect civilian life in an unprecedented degree. The concept of total war encompassing civilian life caused a huge amount of loss of life during the First World War and forced the States to reconsider the rules regulating resort to force. Doğru cevap " A " dır.

Doğru Cevap: A

Soru 72

Who proposed a bilateral agreement between the United States and France to outlaw war between them?

Hugo Grotius,

Aristide Briand,

Thomas Aquino,

Frank Kellogg,

Kellogg-Briand,

Açıklama:

French Minister of Foreign Affairs Aristide Briand proposed it as a bilateral agreement between the United States and France to outlaw war between them. U.S. President Calvin Coolidge and Secretary of State Frank Kellogg were less eager about it since they worried that it could be interpreted as a bilateral alliance. To avoid this, they suggested to extend it to other States. After the severe losses of the First World War, many nations had no objections to signing it. Doğru cevap " B " dir.

Doğru Cevap: B

Soru 73

Which of the following is the correct definition of the concept " Peacekeeping "?

It determines that domestic use of force is not covered.

It does not define the concepts or terms it uses.

It is a method of pacific settlement with a right to use force only in self-defense.

It did not attract much attention at the time of its adoption.

It refers to two circumstances in which the prohibition does not apply.

Açıklama:

Peacekeeping is not considered as a method of coercive action. There is not any provision in the Charter regulating such forces explicitly. It was invented by the General Assembly in 1948 and taken over by the Security Council in 1956 with the establishment of the first armed peacekeeping force. It is accepted as a method of pacific settlement with a right to use force only in self-defense, although in 1990s some of them deviated from its basic characteristics being called ‘hybrid’ operations, and endowed with the right to use force in other conditions as well. Blue beret is an integral part of the uniforms of such forces. Doğru cevap " C " dir.

Doğru Cevap: C

Soru 74

Which of the following is still the only exception to the prohibition of the use of force open to the individual States?

Retorsion,

Reprisal,

Self-help,

Self-defense,

Economic retaliation,

Açıklama:

Various measures of self-help ranging from economic retaliation to the use of force have historically been used (Keskin, 1998, 89). Since the establishment of the Charter regime there are basically three categories of compulsion open to States under international law: retorsion, reprisal, and self-defense. Self -defense is still the only exception to the prohibition of the use of force open to the individual States. Doğru cevap " D " dir.

Doğru Cevap: D

Soru 75

Which of the following gives the Council two duties?

Article 43,

Article 42,

Article 41,

Article 40,

Article 39,

Açıklama:

Article 39 gives the Council two duties: First, it needs to determine the existence of threat to the peace, breach of the peace, or act of aggression. Then, it needs to decide what kind of action is going to be taken by the UN and its member States. The Council has a wide discretion under Chapter VII. Determination under Article 39 is only a first step in the process. Doğru cevap " E " dir.

Doğru Cevap: E

Soru 76

Which of the following is not one of the permanent five (P5) members of the Council that rendered the Council’s work impossible in the first place?

Germany,

The US,

The Russian Federation,

China,

Great Britain,

Açıklama:

It was the veto power of the permanent five (P5) members of the Council that rendered the Council’s work impossible in the first place. P5 members are the US, the Russian Federation, China, Great Britain and France. According to Article 27, the Council takes decision by 9 votes including the concurring votes of P5. Abstaining and not participating in voting are not considered as veto, meaning any P5 State who wishes to use its veto power has to show it by casting its vote as negative. Doğru cevap " A " dır.

Doğru Cevap: A

Soru 77

" The UN Charter improves customary international law by recognizing the right of ......................... . "
Which of the following options completes the sentence above?

preemptive self-defense.

collective self-defense.

the exception of self-defense.

inherent right of self-defense.

the defensive use of force.

Açıklama:

The UN Charter improves customary international law by recognizing the right of
collective self-defense. Organizations of collective self-defense arises from the rule stipulated in Article 51. State practice shows that one State may defend the other upon its request. However, State claiming individual self-defense must declare this situation and ask for the help of the others. Other States cannot have the right of collective self-defense if there is not a call for help (Keskin, 1998, 59). Doğru cevap " B " dir.

Doğru Cevap: B

Soru 78

" ..................... is authorized to use force as it sees fit to restore international
peace. "
Which of the following options completes the sentence above?

The UN Charter,

The International Court of Justice,

The Security Council,

The US,

The National Security Strategy,

Açıklama:

The UN Charter remains the principal frame for the legal justification of use of force by States. This frame includes the “inherent right of self defense” in Article 51, the prohibition on the threat or use of force in Article 2(4), and the authority of the Security Council to act on behalf of all UN members to take any actions necessary to deal with threats to or breaches of international peace and security (Articles 25, 39, 41 and 42). The Security Council is authorized to use force as it sees fit to restore international peace. Doğru cevap " C " dir.

Doğru Cevap: C

Soru 79

Which of the following is true about the concept of humanitarian intervention?

States have not invoked new limitations, in particular they referred to the concept of humanitarian intervention.

It shows that States considered the prohibition on the use of force as general and certain, and self-defense as the only exception or limitation for individual
States.

Intervention was justified on humanitarian grounds with the intention of
protecting Kosovar Albanians from ethnic cleansing in the hands of the Former Yugoslavian government.

Those instances in which a State unilaterally uses military force to intervene in
the territory of another State with the purpose of protecting a group of people from life-threatening violations of the government.

Its legality would not come from the Security Council decision determining a threat to the peace, from its humanitarian reasons.

Açıklama:

Classic humanitarian intervention can be defined as those instances in which a State unilaterally uses military force to intervene in the territory of another State with the purpose of protecting a group of people from life-threatening violations of the government. A more compact definition would be “a military intervention
undertaken by a State or group of States outside the umbrella of the UN in order to secure human rights in another country” (Sen, 2014, 468). Doğru cevap " D " dir.

Doğru Cevap: D

Soru 80

Which of the following options is not true about the view offering certain criteria under which armed force may become justified, even in the absence of any authorization by the Council ?

Gross breaches of human rights involving loss of innocent life amounting to crimes against humanity.

Central authorities unable to put an end to those crimes or responsible of them itself.

The Security Council unable to take coercive action because of the use of veto.

Exhaustion of all peaceful avenues.

International community’s responsibility was to encourage and help States to exercise this responsibility.

Açıklama:

After NATO’s intervention in Kosovo, some commentators agreed that some form of exception to the prohibition may be gaining acceptance. One supporter of this view offered certain criteria under which armed force may become justified, even in the absence of any authorization by the Council (Cassese, 1999, 27). These were:
• gross breaches of human rights involving loss of innocent life amounting to crimes against humanity,
• central authorities unable to put an end to those crimes or responsible of them itself,
• the Security Council unable to take coercive action because of the use of veto,
• exhaustion of all peaceful avenues,
• a group of States(not a single State) deciding to try to halt atrocities with the support or at least the non-opposition of the majority of the member States of the UN,
• vi) armed force being used exclusively for the limited purpose of stopping the
atrocities and restoring respect for human rights, not for any goal going beyond this limited purpose.
Doğru cevap " E " dir.

Doğru Cevap: E

Ünite 2

Soru 1

'The pausing or ending of combat operations by mutual agreement between belligerent parties' is the definition for:

Ceasefire.

Peace agreement.

Military necessity.

Reprisal.

Hors de combat.

Açıklama:

Ceasefire (armistice) is the pausing or ending of combat operations by mutual agreement between belligerent parties (Parry and Barker, 2009: 44). On the other hand, a peace agreement will settle the political and / or legal dispute itself, between belligerent parties.

Doğru Cevap: A

Soru 2

Which of the following statements is true regarding International Humanitarian Law (IHL)?

IHL is the same thing as rules of engagement (ROE).

Legitimacy aspect of resorting to the use of force affects application of the IHL.

IHL is a dispute settlement procedure.

Rules of IHL are the minimum standards of humanity to be respected in times of armed conflict.

IHL is a body of rules that seeks to ensure the protection and humane treatment of persons who are taking a direct part in actual hostilities.

Açıklama:

International Humanitarian Law is a body of rules that seeks to ensure the protection and humane treatment of persons who are not taking a direct part in actual hostilities. In short, rules of IHL are the minimum standards of humanity to be respected in times of armed conflict. IHL, a strategic concept, is different from the rules of engagement. Rules of engagement are tactical level internal military directives that define the conditions under which armed forces of a country will engage and employ armed force in the course of combat activity. Legitimacy aspect of resorting to the use of force will not affect application of the IHL. IHL is not a dispute settlement procedure. Yet, correct application by all parties will probably enhance chances for reconciliation in establishing a lasting peace.

Doğru Cevap: D

Soru 3

Which of the following is not one of the four Geneva Conventions?

Geneva Convention on Wounded and Sick on Land.

Geneva Convention on Wounded, Sick and Shipwrecked at Sea.

Geneva Convention on Neutrality.

Geneva Convention on Prisoners of War.

Geneva Convention on Protection of Civilians, including administration of an occupied territory.

Açıklama:

Geneva Law includes the four Geneva Conventions of 1949 and their three Additional Protocols. Namely, the Geneva Convention (I) on Wounded and Sick on Land; the Geneva Convention (II) on Wounded, Sick and Shipwrecked at Sea; the Geneva Convention (III) on Prisoners of War, the Geneva Convention (IV) on Protection of Civilians, including administration of an occupied territory, the 1977 Additional Protocol (I) on international armed conflicts, the 1977 Additional Protocol (II) on non-international armed conflicts, and the 2005 Additional Protocol (III) on additional distinctive emblem.

Doğru Cevap: C

Soru 4

The codification attempts in Europe regarding the international humanitarian law began with:

1970 Declaration on Principles of International Law.

1864 Geneva Convention.

Lieber Code.

1980 Convention on Certain Conventional Weapons.

1907 Hague Conventions.

Açıklama:

The codification attempts in Europe began with the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field of 1864 (revised in 1906), with the initiations of a Genoese businessman, Henry Dunant (Melzer, 2016: 35). This was the starting point of a body of a humanitarian law governing the treatment and protection of those hors de combat, civilians and other non-combatants. 1864 Geneva Convention adopted the emblem of the Red Cross as a neutral protective sign for hospitals and those assisting the wounded and sick on the battlefield.

Doğru Cevap: B

Soru 5

The status of a State that is outside of an international armed conflict is referred to as:

Insurgency.

Peace.

Neutrality.

Belligerence.

Reprisal.

Açıklama:

Neutrality refers to the status of a State that is outside of an international armed conflict. This includes not helping the combatants of the belligerent States. Use of force by a neutral State to prevent or stop the violations of its territory by belligerents does not affect its neutral status (Çaycı, 1995: 48).

Doğru Cevap: C

Soru 6

Which of the following statements is true regarding application of International Humanitarian Law (IHL)?

The lawfulness of the beginning of the conflict (legitimacy aspect of resorting to the use of force) affects the application of IHL.

A declaration of war is required for IHL to be applied.

IHL is absolutely not applicable to peace-enforcement operations.

The right of the parties to an armed conflict to choose means and methods of warfare is unlimited.

The fact that there is an armed conflict is sufficient for IHL to be applied.

Açıklama:

The purpose and legitimacy of a use of force are irrelevant in terms of IHL. The fact that there is an armed conflict is sufficient for IHL to be applied.

Doğru Cevap: E

Soru 7

Generally, all rules of IHL are shaped around the equilibrium point between two fundamental principles which are:

Military necessity and humanity.

Belligerence and peace.

Detainment and internment.

State responsibility and individual responsibility.

Proportionality and distinction.

Açıklama:

Generally, all rules of IHL are shaped around the “equilibrium point between two fundamental principles, each of which pulls in a different direction”: military necessity and humanity. In this vein, military necessity refers that all combat activity must be justified on military grounds and those are not militarily necessary are to be prohibited. Humanity, on the other hand, limits the means and methods of warfare and requires that those who have fallen into enemy hands be treated humanely at all times.

Doğru Cevap: A

Soru 8

For which of these weapons, there is not a treaty prohibiting the use of it in the International Humanitarian Law?

Using weapons that cannot be detected by X-rays.

Using nuclear weapons.

Using asphyxiating and deleterious gases.

Using blinding laser weapons.

Using mines against civilians.

Açıklama:

There is no treaty prohibiting the use of nuclear weapons. In its well-known advisory opinion, the ICJ stated that there is no customary rule prohibiting the use of nuclear weapons (ICJ, 1996: 247). The Court noted that IHL applies to the use of nuclear weapons, however, the Court did not “conclude definitely whether the threat of use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defense” (ICJ, 1996: 226). Interpreting the general principles of IHL and the Court’s positive opinion on the applicability of the rules of IHL to the use of nuclear weapons together, it is not that easy to conclude that, in principle, it is prohibited to use nuclear weapons. Probably, the concept of proportionality will be a decisive criterion in this respect.

Doğru Cevap: B

Soru 9

According to the Fourth Geneva Convention:

Arresting, prosecuting or convicting civilians for breaches of IHL is prohibited.

The transfer of civilian populations of occupying power into the occupied territory is allowed.

The occupying power must not intern civilians in occupied territory even for imperative security reasons.

The occupying power must not remove public officials from their posts.

Civilians must not be coerced to give information.

Açıklama:

According to the Fourth Geneva Convention, civilians must not be coerced to give information (Art. 31). Arresting, prosecuting or convicting civilians for the offenses committed before the occupation, except for breaches of IHL, is prohibited (Art. 70). However, the Occupying Power may intern civilians in occupied territory for imperative security reasons (Art. 78). Public officials or judges in the occupied territory may keep their status and may not be coerced to continue to fulfil their functions. However, the occupying power may remove public officials from their posts. The transfer of civilian populations of occupying power into the occupied territory is prohibited. (Art. 49).

Doğru Cevap: E

Soru 10

Which of the following is not one of the cases of 'grave breaches'?

Murder.

Medical experiments.

Compelling a protected person to serve in his enemy’s armed forces.

Interning civilians in occupied territory for imperative security reasons.

Excessive destruction of property

Açıklama:

Each Geneva Convention has an article enumerating the applicable grave breaches. Common among these is the inclusion of murder, torture, causing great suffering or injury, and medical experiments. Compelling a protected person to serve in his enemy’s armed forces, excessive destruction of property, and deprivation of a fair trial are also included as they apply to a particular type of victim.

Doğru Cevap: D

Soru 11

I. Ethnic cleansing and forcible displacement,
II. Mistreatment of detained prisoners of war,
III.Terrorizing and starving the civilian population,
IV. Use of human shields against a pending attack,
Which of the following does International Humanitarian Law aim to prohibit?

I and II

II and III

I and IV

III and IV

I, II, III and IV

Açıklama:

IHL aims at prohibiting:
• Summary executions of civilians and military personnel,
• Ethnic cleansing and forcible displacement,
• Mistreatment of detained prisoners of war,
• Indiscriminate use of force against civilians and civilian objects,
• Attacks on medical, religious and humanitarian relief services and personnel,
• Looting and other destruction of civilian property with no military purpose,
• Terrorizing and starving the civilian population,
• Use of human shields against a pending attack,
• The use of particular prohibited methods of warfare (Slomanson, 2007: 497).
The correct answer is E.

Doğru Cevap: E

Soru 12

Who is the co-founder of the Red Cross?

Kofi Annan

Friedrich von Martens

Ban Ki-moon

Henry Dunant

Kurt Waldheim

Açıklama:

Doğru Cevap: D

Soru 13

When was the International Humanitarian Fact-Finding Commission (IHFFC) established?

1961

1971

1991

2001

2011

Açıklama:

The International Humanitarian Fact-Finding Commission (IHFFC) was subsequently established in 1991. The correct answer is C.

Doğru Cevap: C

Soru 14

Which of the following does not qualify as a war crime?

Violation of surrender terms

Attacking enemy troops

Firing on undefended localities

Maltreatment of dead bodies

Poisoning of wells and streams

Açıklama:

There are other categories of customary law designated war crimes such as making use of poisoned or otherwise forbidden arms or ammunition; treacherous request for quarter; maltreatment of dead bodies; firing on localities which are undefended and without military significance; abuse of or firing on the flag of truce; misuse of the Red Cross emblem; use of civilian clothing by troops to conceal their military character during battle; improper use of privileged buildings for military purposes; poisoning of wells and streams; pillage or purposeless destruction; compelling prisoners of war or civilians to perform prohibited labor; killing without trial spies or other persons who have committed hostile acts; violation of surrender terms. The correct answer is B.

Doğru Cevap: B

Soru 15

Following which event was the Lieber Code adopted by the government of the United States ?

The American Civil War

Napoleonic Wars

World War I

World War II

Cold War

Açıklama:

In the Americas, a domestic legal attempt was the so-called Lieber Code, adopted by the government of the United States in 1863 following the atrocities of the American Civil War. The Lieber Code was prepared by Dr. Francis Lieber as the Instructions for the Government of Armies of the United States in the Field. The correct answer is A.

Doğru Cevap: A

Soru 16

Which of the following was chosen as an emblem for 1864 Geneva Convention?

The White Ring

The White Flag

The Red Crystal

The Red Crescent

The Red Cross

Açıklama:

1864 Geneva Convention adopted the emblem of the Red Cross as a neutral protective sign for hospitals and those assisting the wounded and sick on the battlefield. The correct answer is E.

Doğru Cevap: E

Soru 17

Which of the following terms refers to the status of a State that is outside of an international armed conflict, including not helping the combatants of the belligerent States?

Armed conflict

Peace

Neutrality

Occupation

Collective security operations

Açıklama:

Neutrality refers to the status of a State that is outside of an international armed conflict. This includes not helping the combatants of the belligerent States. The correct answer is C.

Doğru Cevap: C

Soru 18

Which of the following refers to the full and effective control of a foreign national territory by enemy armed forces?

Neutrality

Collective security operations

Armed conflict

Occupation

Peace

Açıklama:

Notwithstanding the legitimacy aspect of resorting to the use of armed force, occupation is the full and effective control of a foreign national territory by enemy armed forces.

Doğru Cevap: D

Soru 19

Which of the following refers to international or non-international strategic situations, in which, at least one side of a conflict uses armed force to achieve its political goals?

Peace

Armed conflict

Neutrality

Occupation

Collective security operations

Açıklama:

Armed conflicts are international or noninternational strategic situations, in which, at least one side of a conflict uses armed force to achieve its political goals. The correct answer is B.

Doğru Cevap: B

Soru 20

Which fundamental principle of IHL refers to an obligation to distinguish combatants from non-combatants, and military objectives from civilian objects during an armed conflict?

Distinction

Humanity

Military necessity

Proportionality

Neutrality

Açıklama:

Such other principle is distinction, which refers to an obligation to make a distinction between combatants and non-combatants, military objectives (targets) and civilian objects during an armed conflict. The correct answer is A.

Doğru Cevap: A

Soru 21

Which of the following expression was removed from the United Nations Charter?

aggression

dispute

situation

use of force

war

Açıklama:

Along with the entry into force of the United Nations Charter and the prohibition on the use of force, war and other concepts related to it was replaced with different expressions such as dispute, situation, use of force, and aggression.

Doğru Cevap: E

Soru 22

Which of the following convention deals with prisoners of war?

The Geneva Convention (I)

The Geneva Convention (II)

The Geneva Convention (III)

The Geneva Convention (IV)

Additional Protocol (I)

Açıklama:

Doğru Cevap: C

Soru 23

Which of the following source of law is used as a decisive reference in international courts?

Alliance

Conventions

Customs

Principles

Treaties

Açıklama:

Although their identification is difficult and they are generally subordinate to custom and treaties in the application, general principles of law may play a decisive role, especially in the decisions of international courts. In this vein, several decisions of international courts refer to general principles of law such as elementary considerations of humanity with regard to IHL obligations.

Doğru Cevap: D

Soru 24

In which of the following year was the emblem of the Red Cross as a neutral protective sign on the battlefield?

1803

1861

1864

1899

1907

Açıklama:

1864 Geneva Convention adopted the emblem of the Red Cross as a neutral protective sign for hospitals and those assisting the wounded and sick on the battlefield.

Doğru Cevap: C

Soru 25

Which of the following term refers to the status of a State that refrains from assisting any state in case of an international situation?

Armed conflict

Neutrality

Occupation

Peace

Collective security

Açıklama:

Neutrality refers to the status of a State that is outside of an international armed conflict. This includes not helping the combatants of the belligerent States.

Doğru Cevap: B

Soru 26

Which of the following principle stipulates the protection of civilian objects during an armed conflict?

Distinction

Proportionality

Reprisal

Humanity

Military necessity

Açıklama:

Doğru Cevap: A

Soru 27

Which of the following is not a basis for a liberation conflict?

Self determination

Colonial domination

Alien occupation

Racist regime

Secessionist activity

Açıklama:

It is easy to confuse liberation conflicts with insurgency, civil war, and other secessionist activities. To be recognized a liberation conflict according to the Article 1 of Additional Protocol I, the armed struggle must be based on the exercise of the people’s right of self-determination. Also, such an armed struggle must be directed against colonial domination, alien occupation or racist regimes.

Doğru Cevap: E

Soru 28

Which of the following have a right to participate directly in hostilities?

Civilians

Combatants

Medical personnel

Religious personnel

Civil defence organizations

Açıklama:

As Additional Protocol I lays down, only combatants have the right to participate directly in hostilities.

Doğru Cevap: B

Soru 29

Which of the following is not prohibited by a treaty?

Dum-dum bullets

Asphyxiating gases

Booby-traps

Nuclear weapons

Mines

Açıklama:

There is no treaty prohibiting the use of nuclear weapons. In its well-known advisory opinion, the ICJ stated that there is no customary rule prohibiting the use of nuclear weapons.

Doğru Cevap: D

Soru 30

Which of the following treaty established the contemporary definition of war crimes?

Rome Statute

Hague Conventions

Geneva Conventions

United Nations Charter

International Humanitarian Law

Açıklama:

The contemporary definition of war crimes appears in the Article 8 of the Rome Statute. This definition covers both international and non- international armed conflicts.

Doğru Cevap: A

Soru 31

According to international humanitarian law Which of the following should be the dotted line?
............................reflects the military perspective and is the old-fashioned one since the term armed conflict has now replaced war.

The law of war

The law of armed conflict

The law of United Nations

The law of International Court of Justice

The law of International Committee of the Red Cross

Açıklama:

It should be law of war

Doğru Cevap: A

Soru 32

Which of the following is not what IHL is trying to prohibit?

The use of general prohibited methods of warfare

Ethnic cleansing and forcible displacement,

Mistreatment of detained prisoners of war,

Indiscriminate use of force against civilians and civilian objects

Attacks on medical, religious and humanitarian relief services and personnel,

Açıklama:

It should be use of particular prohibited methods of warfare

Doğru Cevap: A

Soru 33

.........................................is the pausing or ending of combat operations by mutual agreement between belligerent parties.
According to International humanitarian law what should be at dotted place?

Ceasefire

Treatiy

Peace

Armed conflicts

Non-international armed conflict

Açıklama:

It should be ceasefire

Doğru Cevap: A

Soru 34

Geneva Law includes the four Geneva Conventions of 1949 and their three Additional Protocols.Which of folowing is not one of them?

Genava convention 5

Genava convention 4

Genava convention 3

Genava convention 2

Genava convention 1

Açıklama:

Genava convention 5 is not one of them

Doğru Cevap: A

Soru 35

Although regulation of warfare as a social phenomenon dates back to the ancient times,modern laws of warfare developed from the eighteenth and nineteenth centuries onwards with the modernization of warfare itself.
Which of the following can be given as an example?

American Civil War

Greek Wars in Europe

French Civil War

Balkan Civil War

First Wars in Europe

Açıklama:

American Civil War is an example of this

Doğru Cevap: A

Soru 36

Scope of IHL refers to the strategic situations in which rules of IHL may become applicable. In terms of IHL, strategic situations can be divided into five categories Which of following is not one of them ?

Peace

Armed conflicts

International armed conflicts

Non-international armed conflicts

Non armed conflicts

Açıklama:

Non armed conflicts is not one of them

Doğru Cevap: E

Soru 37

According to scope of international humanitarian law what should be at dotted place?
......................................are international or noninternational strategic situations, in which, at least one side of a conflict uses armed force to achieve its
political goals.

Peace

Armed conflicts

International armed conflicts

Non-international armed conflicts

Non armed conflicts

Açıklama:

Armed conflicts

Doğru Cevap: B

Soru 38

.....................................are protracted armed confrontations between governmental armed forces and the forces of one or more-armed groups, or between such groups operating on the territory of a State.
According to scope of international humanitarian law what should be at dotted place?

International armed conflicts

Non-international armed conflicts

Peace

Armed conflicts

Non Armed conflicts

Açıklama:

It should be Non-international armed conflicts

Doğru Cevap: B

Soru 39

An armed group fighting against the government in the territory of that State can be recognized as a be...................... by the territorial State itself, or by third states.
Which of the following should come to the dotted point according to the continuation of the sentence?

insurgency

belligerent

Neutrality

Occupied territory

Collective Security

Açıklama:

It shoudl be belligrent

Doğru Cevap: B

Soru 40

...................refers to the status of a State that is outside of an international armed conflict. This includes not helping the combatants of the belligerent States.
Which of the following should come to the dotted point according to the continuation of the sentence?

Neutrality

occupation

Occupied territory

Invasion

Collective Security

Açıklama:

It shoudl be neutrality

Doğru Cevap: A

Soru 41

What is the name for rules regarding legitimacy aspect of resorting to the use of force itself?

Law in war

Law on war

The law of war

The law of armed conflict

International humanitarian law

Açıklama:

The law of war reflects the military perspective and is the old-fashioned one since the term armed conflict has now replaced war.
The law of armed conflict, however, is a better term since this term covers both the restriction of warfare (military aspect) and the protection of those who are not involved in actual hostilities and those are involved, e.g. combatants (humanitarian aspect). Along with the entry into force of the United Nations Charter and the prohibition on the use of force, war and other concepts related to it was replaced with different expressions such as dispute, situation, use of force, and aggression.
IHL is a specific body of law from the law governing the legitimacy aspects of use of force. IHL stipulates rules to be applied in conduct of hostilities in times of armed conflict (jus in bello: law in war). Rules regarding legitimacy aspect of resorting to the use of force itself are known as operational law (jus ad bellum: law on war).

Doğru Cevap: B

Soru 42

Which of the following does International humanitarian law NOT aim at prohibiting?

Ethnic cleansing

Attacks on religious personnel

Terrorizing the civilian population

Indiscriminate use of force against civilians

Looting civilian property for military purposes

Açıklama:

IHL aims at prohibiting:
• Summary executions of civilians and military personnel,
• Ethnic cleansing and forcible displacement,
• Mistreatment of detained prisoners of war,
• Indiscriminate use of force against civilians and civilian objects,
• Attacks on medical, religious and humanitarian relief services and personnel, 28 International Humanitarian Law
• Looting and other destruction of civilian property with no military purpose,
• Terrorizing and starving the civilian population,
• Use of human shields against a pending attack,
• The use of particular prohibited methods of warfare

Doğru Cevap: E

Soru 43

What is the term used for the pausing or ending of combat operations by mutual agreement between belligerent parties?

Peace agreement

Armistice

Neutrality

Warfare

Protocol

Açıklama:

Doğru Cevap: B

Soru 44

Whom does The Martens clause aim to offer protection to when there is no applicable rule of IHL?

Victims of racism

Victims of forcible displacement

Victims of assault and battery

Victims of armed conflicts

Victims whose properties have been looted

Açıklama:

The Martens clause aims to offer protection to victims of armed conflicts even when there is no applicable rule of IHL. It is an important principle of IHL which was formulated by the Russian international law professor Friedrich von Martens and first adopted at the First Hague Peace Conference of 1899. It has since been reformulated and incorporated in numerous international instruments (Melzer, 2016: 24).

Doğru Cevap: D

Soru 45

What did the codification attempts in Europe began with?

Lieber Code

The Martens clause

1907 Hague Conventions

the Geneva Convention (IV) on Protection of Civilians

the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field of 1864

Açıklama:

Doğru Cevap: E

Soru 46

"....are protracted armed confrontations between governmental armed forces and the forces of one or more-armed groups, or between such groups operating on the territory of a State."
What is defined above?

International armed conflicts

Non-international armed conflicts

Insurgency

Belligerent

Peace

Açıklama:

Non-international armed conflicts are protracted armed confrontations between governmental armed forces and the forces of one or more-armed groups, or between such groups operating on the territory of a State. Not all internal disturbances can be regarded as noninternational armed conflicts. There has to be a certain level of violence. According to the Article 1 of Additional Protocol II, “internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature ...” are not considered as armed conflicts. The Common Article 3 of the Geneva Conventions of 1949 lays down the minimum standards to be applied “in the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties.”

Doğru Cevap: B

Soru 47

Which of the following was NOT clearly prohibited by the Common Article 3 of the 1949 Geneva Conventions?

Torture

Mutilation

Taking of hostages

Use of human shields

Outrages on personal dignity

Açıklama:

The Common Article 3 of the 1949 Geneva Conventions stated;
`To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.`

Doğru Cevap: D

Soru 48

"Enemy armed forces have entered into national territory, but not established full and effective control over territory and population."
What is the term used for the above-mentioned state?

Insurgency

Occupation

Invasion

Neutrality

Occupied territory

Açıklama:

Neutrality refers to the status of a State that is outside of an international armed conflict. This includes not helping the combatants of the belligerent States.
Notwithstanding the legitimacy aspect of resorting to the use of armed force, occupation is the full and effective control of a foreign national territory by enemy armed forces. Occupation entitles certain rights and imposes certain obligations for both the Occupying Power and people living in the occupied territory. Occupation does not affect the legal status of the parties to an armed conflict and the territory in question. Occupied territory is not considered as part of the territory of the Occupying Power.

Doğru Cevap: C

Soru 49

What refers that all combat activity must be justified on military grounds and those are not militarily necessary are to be prohibited?

Military necessity

Humanity

Proportionality

Distinction

Insurgency

Açıklama:

Military necessity refers that all combat activity must be justified on military grounds and those are not militarily necessary are to be prohibited. . Humanity, on the other hand, limits the means and methods of warfare and requires that those who have fallen into enemy hands be treated humanely at all times. Proportionality suggests the infliction of incidental harm on non-combatants cannot be avoided. Distinction refers to an obligation to make a distinction between combatants and non-combatants, military objectives (targets) and civilian objects during an armed conflict.

Doğru Cevap: A

Soru 50

In which case is a person "hors de combat"?

If he is incapable of defending himself

If he has been spying on an enemy

If he is a military leader

If he fought in a war

If he is military personnel

Açıklama:

Hors de combat: “A person is ‘hors de combat’ if: (a) he is in the power of an adverse Party; (b) he clearly expresses an intention to surrender; or (c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness; and therefore, is incapable of defending himself, provided that in any of these cases he abstains from any hostile acts and does not attempt to escape” (Article 41/2 of Additional Protocol I)

Doğru Cevap: A

Soru 51

I. Summary executions of civilians and military personnel,
II. Ethnic cleansing and forcible displacement,
III. Mistreatment of detained prisoners of war.
Which of the premise(s) above is/are among the potential incidents that aimed to be prohibited by the International humanitarian law?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

IHL aims at prohibiting:
• Summary executions of civilians and
military personnel,
• Ethnic cleansing and forcible displacement,
• Mistreatment of detained prisoners of war,
• Indiscriminate use of force against civilians
and civilian objects,
• Attacks on medical, religious and
humanitarian relief services and personnel,
• Looting and other destruction of civilian
property with no military purpose,
• Terrorizing and starving the civilian
population,
• Use of human shields against a pending
attack,
• The use of particular prohibited methods of
warfare

Doğru Cevap: E

Soru 52

I. Hague Law,
II. Geneva Law,
III. Rome Law.
Which of the premise(s) above is/are among the International humanitarian law treaties?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

IHL treaties are generally divided into two: Hague Law, rules on how hostilities to be conducted, and Geneva Law, rules governing the treatment of victims of war.

Doğru Cevap: B

Soru 53

Which of the below is not among the

Geneva Convention on Protection of Civilians and Prisoners

Geneva Convention on Wounded, Sick and Shipwrecked at Sea

Geneva Convention on Prisoners of War

Geneva Convention on Protection of Civilians

Geneva Convention on Wounded and Sick on Land

Açıklama:

Geneva Law includes the four Geneva Conventions
of 1949 and their three Additional Protocols. Namely,
the Geneva Convention (I) on Wounded and Sick on
Land; the Geneva Convention (II) on Wounded, Sick
and Shipwrecked at Sea; the Geneva Convention (III)
on Prisoners of War, the Geneva Convention (IV) on
Protection of Civilians, including administration of
an occupied territory, the 1977 Additional Protocol
(I) on international armed conflicts, the 1977
Additional Protocol (II) on non-international armed
conflicts, and the 2005 Additional Protocol (III) on
additional distinctive emblem.

Doğru Cevap: A

Soru 54

I. The 1977 Additional Protocol on international armed conflicts, II. The 1977 Additional Protocol on non-international armed conflicts, III. The 2005 Additional Protocol on additional distinctive emblem. Which of the protocol(s) above is/are among the additional protocols of Geneva Law?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Geneva Law includes the four Geneva Conventions
of 1949 and their three Additional Protocols. Namely,
the Geneva Convention (I) on Wounded and Sick on
Land; the Geneva Convention (II) on Wounded, Sick
and Shipwrecked at Sea; the Geneva Convention (III)
on Prisoners of War, the Geneva Convention (IV) on
Protection of Civilians, including administration of
an occupied territory, the 1977 Additional Protocol
(I) on international armed conflicts, the 1977
Additional Protocol (II) on non-international armed
conflicts, and the 2005 Additional Protocol (III) on
additional distinctive emblem.

Doğru Cevap: E

Soru 55

I. Treaties
II. Custom
III. General Principles of Law
Which of the above is/are among the sources of International humanitarian law?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Among the sources of International humanitarian law there are
I. Treaties
II. Custom
III. General Principles of Law.

Doğru Cevap: E

Soru 56

Who initiated the acception of the Geneva Convention for the Amelioration of the Condition of the
Wounded in Armies in the Field of 1864?

Juan Jose Linz

Henry Dunant.

Maurice Duverger

Antonio Negri

Charles Tilly

Açıklama:

Doğru Cevap: B

Soru 57

When was the Ottoman Empire became a party to the 1864 Geneva Convention?

1864

1865

1866

1867

1868

Açıklama:

Ottoman Empire became a party to the 1864 Geneva Convention on 5 July 1865, and it ratified the 1899 Conventions on 12 June 1907.

Doğru Cevap: B

Soru 58

I. 1879
II. 1899
III. 1907
In which years Hague Conferences were held?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Hague Conferences were held in 1899 (three conventions and three declarations) and 1907 (thirteen conventions).

Doğru Cevap: C

Soru 59

I. The wounded on land
II. The sick on land
III. Wounded on sea
Which of the above is concerned by the First Geneva Convention?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

The First Geneva Convention concerns the wounded and sick on land.

Doğru Cevap: B

Soru 60

Which of the following term is prohibited by the United Nations Charter to define the armed conflicts?

aggression

dispute

situation

use of force

war

Açıklama:

Doğru Cevap: E

Soru 61

Which of the following indicates the minimum standards of humanity to be respected in times of armed conflict?

International humanitarian law

Law of war

Law of armed conflict

Rome statute

Hague law

Açıklama:

Rules of IHL are the minimum standards of humanity to be respected in times of armed conflict.

Doğru Cevap: A

Soru 62

Which of the following does the term “jus in bello” refer to?

Armistice

Law in war

Law on war

Rule of engagement

Warfare

Açıklama:

IHL stipulates rules to be applied in conduct of hostilities in times of armed conflict (jus in bello: law in war).

Doğru Cevap: B

Soru 63

Which of the following term refers to the pausing or ending of combat operations by mutual agreement between belligerent parties?

Neutrality

Insurgency

Ceasefire

Custom

Treaty

Açıklama:

Ceasefire (armistice) is the pausing or ending of combat operations by mutual agreement between belligerent parties.

Doğru Cevap: C

Soru 64

Which of the following convention regulates the protection of civilians?

the Geneva Convention I

the Geneva Convention II

the Geneva Convention III

the Geneva Convention IV

Additional Protocol I

Açıklama:

Doğru Cevap: D

Soru 65

At which treaty was the Martens clause adopted?

First Geneva Convention

Second Geneva Convention

Third Geneva Convention

First Hague Peace Conference

Second Hague Peace Conference

Açıklama:

Doğru Cevap: D

Soru 66

After which of the following war was Lieber Code adopted?

Napoleonic Wars

American Civil War

World War I

World War II

Spanish Civil War

Açıklama:

In the Americas, a domestic legal attempt was the so-called Lieber Code, adopted by the government of the United States in 1863 following the atrocities of the American Civil War.

Doğru Cevap: B

Soru 67

What is the main prerequisite for IHL to be applied?

Armed conflict

Beginning of the conflict

Declaration of war

International strategic situation

Two conflicting states

Açıklama:

International armed conflicts are armed conflicts between two or more States. The lawfulness of the beginning of the conflict (legitimacy aspect of resorting to the use of force) does not affect the application of IHL. It would still apply to all parties involved in the conflict. The mere fact that there is an armed conflict is enough for IHL to be applied. No declaration of war is required.

Doğru Cevap: A

Soru 68

Which of the following term defines the full and effective control of a foreign national territory by enemy armed forces?

Invasion

Insurgency

Occupation

Proportionality

Reprisal

Açıklama:

Occupation is the full and effective control of a foreign national territory by enemy armed forces.

Doğru Cevap: C

Soru 69

Which of the following weapon is not prohibited by a treaty?

Projectiles

Dum-dum bullets

Asphyxiating gases

Booby traps

Nuclear weapons

Açıklama:

Doğru Cevap: E

Soru 70

.................. reflects the military perspective and is the old-fashioned one since the term armed conflict has now replaced war.
Which of the following options correctly completes the sentence above?

The law of war

International humanitarian law

The law of armed conflict

The restriction of warfare

International armed conflicts

Açıklama:

The law of war reflects the military perspective and is the old-fashioned one since the term armed conflict has now replaced war. Doğru cevap " A " dır.

Doğru Cevap: A

Soru 71

How many IHL treaties are there?

One

Two

Three

Four

Fıve

Açıklama:

IHL treaties are generally divided into two: Hague Law, rules on how hostilities to be conducted, and Geneva Law, rules governing the treatment of victims of war. Contemporary Hague Law includes currently applicable 1907 Hague Conventions such as the Hague Convention IV on War on Land and its Regulations, the Hague Convention V on Neutrality and so on. Doğru cevap " B " dir.

Doğru Cevap: B

Soru 72

What is the role of General Principles of Law?

The importance of customary law can be seen in the Martens clause.

Additional Protocol I modernize rules of combat.

Elementary considerations of humanity with regard to IHL obligations.

It is one of the most highly codified parts of international law.

They are especially relevant in situations of non-international armed conflict.

Açıklama:

Although their identification is difficult and they are generally subordinate to custom and treaties in the application, general principles of law may play a decisive role, especially in the decisions of international courts. In this vein, several decisions of international courts refer to general principles of law such as
elementary considerations of humanity with regard to IHL obligations (e.g. ICJ, 1949: 22; ICJ, 1986: 218; ICTY, 2000: 524). The importance of general principles of law is emphasized by the Martens Clause. Doğru cevap " C " dir.

Doğru Cevap: C

Soru 73

Which of the following was the starting point of a body of a humanitarian law?

The first cornerstone of the codifications was the Hague Conferences of 1899 (three conventions and three declarations) and 1907 (thirteen conventions).

The 1907 Conference made a few changes to the 1899 Regulations on land warfare.

The Convention emphasized that the damage inflicted in war should exceed the military necessity.

The codification attempts in Europe began with the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field of 1864.

In 1864, Additional Protocol III to the Geneva Conventions was adopted.

Açıklama:

The codification attempts in Europe began with the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field of 1864 (revised in 1906), with the initiations of a Genoese businessman, Henry Dunant (Melzer, 2016: 35). This was the starting point of a body of a humanitarian law governing the treatment and protection of those hors de combat, civilians and
other non-combatants. 1864 Geneva Convention adopted the emblem of the Red Cross as a neutral protective sign for hospitals and those assisting the wounded and sick on the battlefield. Doğru cevap " D " dir.

Doğru Cevap: D

Soru 74

Which of the following is not one of the strategic situations in terms of IHL?

Peace,

Armed conflicts,

Neutrality,

Collective Security,

Custom,

Açıklama:

Scope of IHL refers to the strategic situations in which rules of IHL may become applicable. In terms of IHL, strategic situations can be divided into five categories as peace, armed conflict, neutrality, occupation, and collective security (peace support) operations. Doğru cevap " E " dir.

Doğru Cevap: E

Soru 75

" ..................... can be defined as the military operations of non-State armed
groups. "
Which of the following options correctly completes the sentence above?

Insurgency,

Belligerent,

International armed conflicts,

Liberation Conflict,

Armed forces,

Açıklama:

Insurgency can be defined as the military operations of non-State armed groups. However, in all cases of non-international armed conflicts, individuals who participate in are subject to national criminal jurisdiction. The status of the parties to the conflict is not affected by the application of IHL rules (Common Art. 3). The legitimacy of the use of force by the parties is of no concern to IHL.
Doğru cevap " A "dır.

Doğru Cevap: A

Soru 76

" It limits the means and methods of warfare and requires that those who have fallen into enemy hands be treated humanely at all times. "
Which of the following correctly defines the sentence above?

Military necessity,

Humanity,

Proportionality,

Distinction,

Reprisal,

Açıklama:

Article 35(1) of Additional Protocol I stipulates that “[i] n any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.” Humanity, on the other hand, limits the means and methods of warfare and requires that those who have fallen into enemy hands be treated humanely at all times.Doğru cevap " B " dir.

Doğru Cevap: B

Soru 77

Which of the following is not one of the parties to the conflict must treat civilians humanely that they must respect?

The person,

Family rights,

Humane treatment,

Religious convictions and practices,

Manners and customs of civilians.

Açıklama:

As the Fourth Geneva Convention lays down, parties to the conflict must treat civilians humanely. They must respect the person, honor, family rights, religious convictions and practices, and manners and customs of civilians. Civilians must be protected against any attack including rape, enforced prostitution or any other indecent assault. Parties to the conflict must not discriminate against civilians based on their race, religion or political opinion. Doğru cevap " C " dir.

Doğru Cevap: C

Soru 78

Which of the following ensures further protections during a non-international armed conflict within the territory of a State Party?

The 1907 Hague Convention,

The Fourth Geneva Convention,

1977 Additional Protocol I,

1977 Additional Protocol II,

The Law and Customs of War,

Açıklama:

1977 Additional Protocol II ensures further protections during a non international armed conflict within the territory of a State Party. According to the Article 1 of the Protocol II, not only States Parties but the opposing armed forces have the obligation to comply with these rules. The Protocol II, although more detailed than Common Article 3, is also a summarized version of the Four Geneva Conventions. As the Protocol II lays down, parties to the conflict must treat non-combatants humanely. Doğru cevap " D " dir.

Doğru Cevap: D

Soru 79

Which of the following acted as a Protected Power in World War II?

Brazil and Switzerland,

Germany and France,

Sweden and France,

Germany and Brazil,

Sweden and Switzerland,

Açıklama:

Sweden and Switzerland acted as a Protected Power in World War II; Brazil and Switzerland performed such a role in the Falklands conflict (between UK and Argentina) (Shaw, 2008: 1199). Doğru cevap " E " dir.

Doğru Cevap: E

Soru 80

I. United Nations
II. International Court of Justice
III. North Atlantic Trade Organization
Which one(s) of these organizations use(s) international humanitarian law in order to stress both the humanitarian purpose of this law and the convergence / synthesis between laws of war and international human rights law?

Only I

Only II

I-II

II-III

Açıklama:

Doğru Cevap: D

Soru 81

I. International humanitarian law
II. The law of war
III. The law of armed conflict
Which one(s) of these reflect(s) the military perspective and is the old-fashioned one since the term armed conflict has now replaced war

Only I

Only II

Only III

I-II

II-III

Açıklama:

International humanitarian law is
currently the fashionable term used by the
United Nations (UN), the International
Court of Justice (ICJ) and the International
Committee of the Red Cross (ICRC),
in order to stress both the humanitarian
purpose of this law and the convergence
/ synthesis between laws of war and
international human rights law
The law of war reflects the military
perspective and is the old-fashioned one
since the term armed conflict has now
replaced war.
The law of armed conflict, however, is a
better term since this term covers both
the restriction of warfare (military aspect)
and the protection of those who are not
involved in actual hostilities and those are
involved, e.g. combatants (humanitarian
aspect). Along with the entry into force
of the United Nations Charter and the
prohibition on the use of force, war and
other concepts related to it was replaced
with different expressions such as dispute,
situation, use of force, and aggression
(Çaycı, 1995: 37).

Doğru Cevap: B

Soru 82

Which one of the following is not among the issues that International humanitarian law aims at prohibiting?

Summary executions of civilians and military personnel

Ethnic cleansing and forcible displacement

Mistreatment of detained prisoners of war

Indiscriminate use of force against civilians and civilian object

Formation of local organizations on humanitarian law

Açıklama:

IHL aims at prohibiting:
• Summary executions of civilians and
military personnel,
• Ethnic cleansing and forcible displacement,
• Mistreatment of detained prisoners of war,
• Indiscriminate use of force against civilians
and civilian objects,
• Attacks on medical, religious and
humanitarian relief services and personnel
Looting and other destruction of civilian
property with no military purpose,
• Terrorizing and starving the civilian
population,
• Use of human shields against a pending
attack,
• The use of particular prohibited methods of
warfare (Slomanson, 2007: 497).

Doğru Cevap: E

Soru 83

I. Treaties
II. Custom
III. Doctrine
Which one(s) of these is/are among the primary sources of IHL?

Only I

Only II

Only III

I-II

II-III

Açıklama:

As a part of international law, the sources
of IHL are also commonly accepted sources as
stated in the Art. 38(1) of the Statute of the ICJ;
primarily treaties, custom and general principles of
law; secondarily, judicial decisions and doctrine.

Doğru Cevap: D

Soru 84

How many conventions are included in the Geneva Law?

Açıklama:

Doğru Cevap: C

Soru 85

"The degree to which IHL treaties reflect customary law is .............. (Aust, 2010: 237)"
Which one of the following completes the statement above best?

controversial

accurate

absolute

negative

limited

Açıklama:

The degree to which IHL treaties reflect customary law
is controversial (Aust, 2010: 237). The original Hague Law
and much of Geneva Law are now regarded as reflecting
customary law (ICJ, 2004: para. 89). For instance, in
its Judgment of 30.9-1.10.1946 the Nuremberg Tribunal
considered the 1907 Hague Convention V or ICJ considered
the Common Article 3 of the 1949 Geneva Conventions
as customary rules (ICJ, 1986: 114-5). The importance of
customary law can be seen in the Martens clause.

Doğru Cevap: A

Soru 86

When did the Ottoman Empire become a party to the 1864 Geneva Convention?

1864

1865

1866

1867

1868

Açıklama:

Ottoman Empire became a party to the 1864
Geneva Convention on 5 July 1865, and it
ratified the 1899 Conventions on 12 June 1907
(Tütüncü, 2012: 6).

Doğru Cevap: B

Soru 87

Which one of the following is not among five categories of strategic situations in terms of IHL?

Ceasefire

Armed conflict

Neutrality

Occupation

Collective security

Açıklama:

Scope of IHL refers to the strategic situations
in which rules of IHL may become applicable. In
terms of IHL, strategic situations can be divided
into five categories as peace, armed conflict,
neutrality, occupation, and collective security
(peace support) operations.

Doğru Cevap: A

Soru 88

Which one of the following refers to the situatiın in which, at least one side of a conflict uses armed force to achieve its political goals?

peace

armed conflict

neutrality

occupation

collective security

Açıklama:

Armed conflicts are international or noninternational strategic situations, in which, at least
one side of a conflict uses armed force to achieve its
political goals.

Doğru Cevap: B

Soru 89

Which one of the following terms refers to the military operations of non-State armed groups?

insurgency

neutrality

occupation

invasion

reprisal

Açıklama:

insurgency can be defined as the military operations of non-State armed
groups.

Doğru Cevap: A

Ünite 3

Soru 1

the interpretation of a treaty
a disagreement on a point of law between two persons
a breach of any international obligation

Which of the above are the elements of international disputes?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

According to the Covenant of League of Nations, there were three elements of international disputes:

the interpretation of a treaty,
any question of international law, and
a breach of any international obligation (Article 13/2).

Correct option is C.

Doğru Cevap: C

Soru 2

When was the first Hague Convention for the Pacific Settlement of International Disputes created?

1890

1899

1905

1906

1907

Açıklama:

e 1899 and 1907 Hague Conventions for the Pacific Settlement of International Disputes are the initial instruments for dispute resolution. And the first one was created in 1899. The correct option is B.

Doğru Cevap: B

Soru 3

On which treaty did the states agree on when the Geneva Protocol failed?

General Assembly of the Leagues of Nations

The Covenant of the League of Nations

The Hague Convention for the Pacific Settlement of International Disputes

Permanent Court of Arbitration

General Treaty for Renunciation of War

Açıklama:

The General Assembly of the LN adopted the Geneva Protocol for the Pacific Settlement of International Disputes in 1924. e aim of the Protocol was to bring an obligatory judicial or arbitral settlement mechanism for States. However, the Protocol failed, and thus, States agreed on another instrument called the General Treaty for Renunciation of War as an instrument of National Policy (Kellogg- Briand Pact) in 1928. The correct option is E.

Doğru Cevap: E

Soru 4

Institutional
International
Diplomatic
Adjudicative

Which points above are the categories of dispute settlement in international law?

I and II

I, II and III

I, III and IV

II, III and IV

I, II, III and IV

Açıklama:

Dispute settlement in international law is divided into three categories: Institutional, diplomatic, and adjudicative. The correct option is C.

Doğru Cevap: C

Soru 5

Which one below is not an activity that the Secretary of General has carried as a peacemaker?

Mediation

Facilitation

Arbitration

Decision

Dialog

Açıklama:

In consideration of Charter VI, the Secretary-General has become a peacemaking actor through the range of activities it took. These activities include good offices, mediation, facilitation, dialog process, and arbitration. The correct option is D.

Doğru Cevap: D

Soru 6

"The direct and friendly settlement of disputes between the parties." To which method of the dispute settlement does this definition belong to?

negotiaiton

mediation

inquiry

conciliation

arbitration

Açıklama:

Negotiation is the direct and friendly settlement of disputes between the parties. Some of the international texts use the term diplomacy or diplomatic channels instead of negotiation. The correct option is A.

Doğru Cevap: A

Soru 7

to investigate the issue from different points
to invite parties to negotiate the dispute
to assist parties to a settlement

Which ones above are the functions of a mediator?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

The functions of the mediator are to invite parties to negotiate the dispute and to assist parties to a settlement. Mediator has an active role among the dispute parties; s/he may propose a solution that is mutually acceptable by the parties and forward the proposals of each party to the other. However, s/he does not have a legal power to force the parties to reach an agreement. It is up to the dispute parties to resolve the issue at the end. The correct option is D.

Doğru Cevap: D

Soru 8

Which other methods does conciliation keep in itself?

negotiation-mediation

negotiaition-inquiry

inquiry-mediation

mediation-arbitration

arbitration-negotiation

Açıklama:

Conciliation is another third-party settlement consisting of inquiry and mediation. It is more formal than mediation. The correct option is C.

Doğru Cevap: C

Soru 9

What was the first international court with general jurisdiction?

Permanent Court of Arbitration

Permanent Court of International Justice

International Court of Justice

International Tribunal for the Law of the Sea

International Criminal Court

Açıklama:

Permanent Court of International Justice (PCIJ) was the first international court with general jurisdiction. It is the predecessor of the ICJ. The correct option is B.

Doğru Cevap: B

Soru 10

Which one below is not a way that a state may show its acceptance of the jurisdiction of the ICJ?

A special agreement between dispute parties

Acceptance of jurisdiction provisioned in treaties

Declaration of recognizing the jurisdiction of the ICJ

Forum prorogatum, accepting after the submission of the case

Understanding via evaluation all of the aspects of the dispute

Açıklama:

A State may accept the jurisdiction of the ICJ in four ways:

A special agreement between dispute parties (compromis),
Acceptance of jurisdiction provisioned in treaties,
Declaration of recognizing the jurisdiction of the ICJ,
Forum prorogatum.

The last option is a way that conciliation works and helps. So, the correct option is E.

Doğru Cevap: E

Soru 11

When have The Hague Convention for the Pacific Settlement of International Disputes agreed upon?

1800

1850

1860

1890

1899

Açıklama:

The 1899 Hague Convention for the Pacific Settlement of International Disputes provisioned the elements of peaceful settlement of disputes and established the Permanent Court of Arbitration.

Doğru Cevap: E

Soru 12

What is the term used for "a disagreement on a point of law or fact, a conflict of legal views or interests between two persons" by the Permanent Court of International Justice ?

Argument

Legal case

Arbitration

Dispute

Conflict

Açıklama:

A dispute as described by the Permanent Court of International Justice (PCIJ) in the Mavrommatis Case, is a disagreement on a point of law or fact, a conflict of legal views or interests between two persons.

Doğru Cevap: D

Soru 13

"Dispute settlement mechanism had two characteristics such as non-peaceful and peaceful. Till the beginning of 20th century, ............ was a natural right of States for settlement of their disputes."
Which of the following completes the sentence correctly?

Dispute resolution

Going before the court

Resort to war

Peaceful talks

Closing the borders

Açıklama:

Dispute settlement mechanism had two characteristics such as non-peaceful and peaceful. Till the beginning of 20th century, resort to war was a natural right of States for settlement of their disputes.

Doğru Cevap: C

Soru 14

"Today, states can resolve their dispute by ............"
Which of the following completes the sentence correctly?

war

any means they agreed on

ways which set forth in international agreements

diplomatic talks

going before international courts

Açıklama:

Doğru Cevap: B

Soru 15

Which of the following is not among the international dispute settlement mechanisms?

Courts

Tribunals

Commitees

Ombudsmen

War

Açıklama:

States can resolve their dispute by any means they agreed on as long as
the method is peaceful. The methods of dispute settlement mechanism in international law includes judicial mechanisms (courts, tribunals, arbitral panels), and other quasi-judicial, legal or extra-legal mechanisms (committees, inspection panels, ombudsmen, etc.). There is no hierarchy between any methods of dispute settlement as well as between tribunals or courts.

Doğru Cevap: E

Soru 16

"After World War I, the first attempt was the establishment of an international organization to promote international co-operation and to achieve international peace and security." Within this scope, which of the following organization was established?

United Nations

European Union

World Trade Organization

League of Nations

European Court of Justice

Açıklama:

Doğru Cevap: D

Soru 17

Which of the following organizations was found after the Second World War in order to promote peace between nations?

League of Nations

European Union

United Nations

World Bank

IMF

Açıklama:

The establishment of the LN was not very effective and could not prevent another world war. Once again, World War II has raised the importance of protection of international peace and security. This is why the UN was established and given the fundamental duty to maintain and protect international peace and security.

Doğru Cevap: C

Soru 18

Which of the following is not among the principles of UN dispute resolution mechanism?

Non-use of force in international relations

Non-intervention in the international or external affair of states

Equal rights and self determination of peoples

Sovereign equality of states

Economic superiority

Açıklama:

Economic superiority is not a principle in international law. On the contrary, all states are considered equals which embodies in the principle of "sovereign equality of states".

Doğru Cevap: E

Soru 19

Dispute settlement in international law is divided into three categories: ........., diplomatic, and ...........
Which of the following completes the sentence correctly?

Institutional, economic

Political, economic

Political, adjudicative

Adjudicative, institutional

Economic, social

Açıklama:

Dispute settlement in international law is divided into three categories: Institutional, diplomatic, and adjudicative.

Doğru Cevap: D

Soru 20

"The ........ is assigned to discuss any dispute relating to international peace andsecurity. Therefore, the dispute settlement issue mayVbe brought before the ............., unless it refers the situation to the Security Council (Article 11)." Which of the following completes the sentence correctly?

UN General Assembly

President of the UN

UN Trusteeship Council

UN Economic and Social Council

International Court of Justice

Açıklama:

Doğru Cevap: A

Soru 21

According to the Covenant of League of Nations, Which of the following is not an international dispute?

The interpretation of a treaty

Any questions of international law

A breach of an international obligation

The nature or extent of the reparation to be made for the breach of an international obligation

Conflict between a state and a company

Açıklama:

All legal disputes concerning:
a. the interpretation of a treaty;
b. any questions of international law;
c. a breach of an international obligation;
d. the nature or extent of the reparation to be made for the breach of an international obligation.

Doğru Cevap: E

Soru 22

For what purpose was the 1899 Hague International Dispute Resolution Convention signed?

Dispute resolution through peaceful means

Establishment of the United Nations

End of wars

Interpretation of other contracts

For states and companies to contract

Açıklama:

The 1899 Hague Convention for the Pacific Settlement of International Disputes provisioned the elements of peaceful settlement of disputes and established the Permanent Court of Arbitration.

Doğru Cevap: A

Soru 23

When was the Hague Convention for the Pacific Settlement of International Disputes signed?

1890

1895

1899

1900

1910

Açıklama:

The 1899 Hague Convention for the Pacific Settlement of International Disputes provisioned the elements of peaceful settlement of disputes and established the Permanent Court of Arbitration.

Doğru Cevap: C

Soru 24

What is the effectiveness of the resolution taken by the Security Council according to Chapter VI?

Binding

Not binding

In some cases it is binding

Some states are not binding

Binding without exception

Açıklama:

The UN Security Council may make a recommendation on an appropriate procedure or method for the resolution of the dispute. The resolution taken by the Security Council according to Chapter VI is not binding.

Doğru Cevap: B

Soru 25

Which of the following is not included in according to the Resolution the principles of international negotiation?

Sovereign equality of all States

Duty to not to intervene in matters within
the domestic jurisdiction of any State

Duty to fulfill their obligations under
international law in good faith

Any agreement conducted under the threat
or use of force is void

The state can leave without talks for its own benefit

Açıklama:

States should act with caution in negotiations.

Doğru Cevap: E

Soru 26

Which of the following cannot be said regarding the Judicial Settlement ?

Judicial settlement is a third-party dispute
settlement mechanism

Decision of judicial
bodies is not binding

PCIJ was the first international court with
general jurisdiction

The ICJ
has jurisdiction on any legal issue as long as it is
international

The court did not have compulsory jurisdiction

Açıklama:

Like arbitration award, decision of judicial
bodies is binding, final and cannot be appealed

Doğru Cevap: B

Soru 27

Which of the following was established with Rome Statute in 2002?

ICC

ITLOS

UNCLOS

PCIJ

ICJ

Açıklama:

ICC is established by the Rome Statute in 2002.

Doğru Cevap: A

Soru 28

Which of the following was established by UNCLOS?

ICC

ITLOS

PCIJ

ICJ

UN Security Council

Açıklama:

ITLOS is established by the UNCLOS.

Doğru Cevap: B

Soru 29

Which of the courts below adjudicates disputes arising from the United Nations Convention on the Law of the Sea?

ICC

UNCLOS

ITLOS

PCIJ

ICJ

Açıklama:

ITLOS is established by the UNCLOS. It is a specialized independent judicial body established for law of
the sea disputes arising from the UNCLOS.

Doğru Cevap: C

Soru 30

Which of the following is not a body of the United Nations?

The Secretariat

The International Court of Justice

The UN Security Council

International Chamber of Commerce

The UN General Assembly

Açıklama:

ICC is an independent judicial body having co-operation with the UN according to the Negotiated Relationship Agreement between the International Criminal Court and the United Nations.

Doğru Cevap: D

Soru 31

Regarding dispute settlement, which of the below is NOT on of the principles that 1975 Declaration on Principles of International Law Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations and the 1982 Manila Declaration on the Peaceful Settlement of International Disputes highlight?

Principle of non-use of force in international relations

Principle of non-intervention in the national or internal affair of states

Principle of sovereign equality of states

Principles of justice and International Law

Good faith in international relations

Açıklama:

Principle of non-use of force in international relations;
Principle of non-intervention in the international or external affair of states;
Principle of equal rights and self- determination of peoples;
Principle of sovereign equality of states;
Principle to act in accordance with international law regarding the sovereignty of states, independence and territorial integrity of states;
Good faith in international relations;
Principles of justice and International Law.

Doğru Cevap: B

Soru 32

Several regional instruments also embrace the main principles of dispute settlement and provide dispute settlement mechanisms. Which of the below is NOT one of them?

the 1957 European Convention for the Peaceful Settlement of Disputes

the 1948 American Treaty on Pacific Settlement (Bogota Pact)

the 1964 Protocol of the Commission of Mediation and Arbitration of the Organization of African Unity

1982 Manila Declaration on the Peaceful Settlement of International Disputes

the 1993 Organization of African Unity (OAU) Mechanism for Conflict Prevention

Açıklama:

Several regional instruments also embrace the main principles of dispute settlement and provide dispute settlement mechanisms. These include:

the 1948 American Treaty on Pacific Settlement (Bogota Pact),
the 1957 European Convention for the Peaceful Settlement of Disputes,
the 1964 Protocol of the Commission of Mediation and Arbitration of the Organization of African Unity,
• the 1992 Convention on Conciliation and Arbitration Convention within the Conference on Security and Co-operation in Europe (CSCE) (later it is replaced by the Organization for Security and Co- operation in Europe (OSCE) and
• the 1993 Organization of African Unity (OAU) Mechanism for Conflict Prevention.

Doğru Cevap: D

Soru 33

.......... may make a recommendation on an appropriate procedure or method for the resolution of the dispute.
Which of the below completes the blank?

The UN Security Council

The UN General Assembly

The League of Nations

The Permanent Court of Arbitration

The International Court of Justice

Açıklama:

The UN Security Council may make a recommendation on an appropriate procedure or method for the resolution of the dispute.

Doğru Cevap: A

Soru 34

Which fo the below is NOT a method of dispute settlement in international law?

Conciliation

Mediation

Inquiry

Negotiation

Binding

Açıklama:

Some methods for the resolution of disputes are addressed such as Negotiation, Inquiry, Mediation, Conciliation, Arbitration, Judicial Settlement.

Doğru Cevap: E

Soru 35

Which fo the below is about Negotiation?

It refers to direct negations in front of a neutral mediator.

It may be used an independent dispute settlement mechanism.

It is the direct and friendly settlement of disputes between the parties.

Usually it is composed of three or five conciliators, and one of them is chosen by both parties.

It is developed through bilateral treaties enacted at the beginning of the 20th century.

Açıklama:

It is the direct and friendly settlement of disputes between the parties.

Doğru Cevap: C

Soru 36

Which of the below is one of the the principles for international negotiation?

Duty to not to intervene in matters within the domestic jurisdiction of any State

Conduct of negotiations in good faith

Taking into consideration the states whose vital interests are directly affected by the subject matter of international negotiation

Adherence to the mutually agreed framework for negotiations

Maintain a constructive atmosphere during the negotiations and refrain from undermining the negotiation process

Açıklama:

According to the Resolution, the principles for international negotiation are:
• Sovereign equality of all States;
• Duty to not to intervene in matters within the domestic jurisdiction of any State;
• Duty to fulfill their obligations under international law in good faith;
• Duty to refrain from the threat or use of force against the territorial integrity or political independence of any State;
• Any agreement conducted under the threat or use of force is void;
• Duty to cooperate with one another in order to maintain international peace and security;
• Settlement of disputes by peaceful means not to endanger international peace, security, and justice.

Doğru Cevap: A

Soru 37

Disputing parties may agree to investigate the issue which they have different point of views. What is the process called?

Conciliation

Arbitration

Mediation

Inquiry/Fact-Finding

Negotiation

Açıklama:

Disputing parties may agree to investigate the issue which they have different point of views, or any other aspect of the dispute in order to reach an appropriate resolution. This process is called inquiry or fact-finding.

Doğru Cevap: D

Soru 38

What refers to direct negations in front of a neutral mediator?

Inquiry/Fact-Finding

Mediation

Good Offices

Conciliation

Judicial Settlement

Açıklama:

Mediation refers to direct negations in front of a neutral mediator.

Doğru Cevap: B

Soru 39

Which of the below is NOT true about arbitration?

It involves direct communication and bilateral process between the parties that seek reaching a mutually accepted resolution without any time limit.

It is a third-party settlement procedure.

It is established on ad hoc basis by disputing parties.

It is “the settlement of differences between states by judges of their own choice, and on the basis of respect for the law.

Generally territorial and boundary disputes, disputes concerning interpretation of bilateral or multilateral treaties, disputes relating to violation of international law are subject to it.

Açıklama:

Optiın A is about negotiation.

Doğru Cevap: A

Soru 40

What is the the first international court with general jurisdiction?

International Criminal Court (ICC)

Criminal Tribunals

Permanent Court of International Justice (PCIJ)

International Court of Justice (ICJ)

International Tribunal for the Law of the Sea (ITLOS)

Açıklama:

PCIJ was the first international court with general jurisdiction.

Doğru Cevap: C

Soru 41

I. The interpretation of a treaty,
II. Any question of international law,
III. A breach of any international obligation.
Which of the above is/are among the three elements of international disputes according to the Covenant of League of Nations?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

According to the Covenant of League of Nations, there were three elements of international disputes:
• the interpretation of a treaty,
• any question of international law, and
• a breach of any international obligation
(Article 13/2).

Doğru Cevap: E

Soru 42

I. The interpretation of a treaty,
II. Any questions of international law
III. A breach of an international obligation,
IV. The nature or extent of the reparation to be made for the breach of an international
obligation.
Which of the above is/are among the elements of the international dispute according to The Statute of the International Court of Justice?

Only II

I and II

II and III

I, II and III

I, II, III and IV

Açıklama:

The Statute of the International Court
of Justice (ICJ) has reflected previous approaches
to international dispute. In Article 36/2 of the
Statute the elements of the international dispute
are defined as:
“All legal disputes concerning:
a. the interpretation of a treaty;
b. any questions of international law;
c. a breach of an international obligation;
d. the nature or extent of the reparation to
be made for the breach of an international
obligation.”

Doğru Cevap: E

Soru 43

I. The League shall take action in the declaration of any war or threat of war,
II. The Secretary-General, or any member state of the LN can bring the issue before the Council,
III. Any other situation which may affect international peace or good understanding between states can also be brought before the Council.
Which of the above is/are among the duties of the League of Nations?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

After World War I, the first attempt was the
establishment of an international organization to
promote international co-operation and to achieve
international peace and security. Within this scope,
the League of Nations (LN) was established by
the Covenant of the League of Nations. The duty of the Council concerning dispute
settlement was regulated in Article 11 of the
Covenant of the LN. Accordingly,
• The League shall take action in the
declaration of any war or threat of war,
• The Secretary-General, or any member
state of the LN can bring the issue before
the Council,
• Any other situation which may affect
international peace or good understanding
between states can also be brought before
the Council.

Doğru Cevap: E

Soru 44

When League of Nations adopted the Geneva Protocol for the Pacific Settlement of International
Disputes?

1923

1924

1925

1926

1927

Açıklama:

League of Nations adopted the Geneva Protocol for the Pacific Settlement of International Disputes in 1924.

Doğru Cevap: B

Soru 45

When was the Manila Declaration on the Peaceful Settlement of International Disputes adopted?

1980

1981

1982

1983

1984

Açıklama:

The Manila Declaration on the Peaceful Settlement of International Disputes was adopted in 1982

Doğru Cevap: C

Soru 46

Which of the principles below is not adopted by the 1975 Declaration on Principles of International
Law Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations and in the 1982 Manila Declaration on the Peaceful Settlement of International Disputes?

Principle of use of force in international relations

Principle of non-intervention in the international or external affair of states

Principle of equal rights and self-determination of peoples

Principle of sovereign equality of states

Good faith in international relations

Açıklama:

The UN Charter encourages States to settle
their disputes through peaceful methods. As for
peaceful settlement of disputes, Chapter VI of
the UN provides a guide to States regarding the
methods to be used. In addition to the Chapter VI of the UN Charter, UN General Assembly
endorsed the peaceful settlement of disputes in the
1975 Declaration on Principles of International
Law Friendly Relations and Cooperation
Among States in Accordance with the Charter
of the United Nations and in the 1982 Manila
Declaration on the Peaceful Settlement of
International Disputes.
The instruments underline the importance of
protection of international peace and security based
on freedom, equality, justice and respect for human
rights and peaceful co-existence. Both instruments
highlight the following similar principles regarding
dispute settlement:
• Principle of non-use of force in international
relations;
• Principle of non-intervention in the
international or external affair of states;
• Principle of equal rights and selfdetermination
of peoples;
• Principle of sovereign equality of states;
• Principle to act in accordance with
international law regarding the sovereignty
of states, independence and territorial
integrity of states;
• Good faith in international relations;
• Principles of justice and International Law.

Doğru Cevap: A

Soru 47

Which of the following is not among the regional instruments that embrace the main principles of dispute settlement and provide dispute settlement mechanisms?

The 1948 American Treaty on Pacific Settlement (Bogota Pact),

The 1957 European Convention for the Peaceful Settlement of Disputes

The 1964 Protocol of the Commission of Mediation and Arbitration of the Organization of African Unity

1982 Manila Declaration on the Peaceful Settlement of International Disputes

The 1992 Convention on Conciliation and Arbitration Convention within the Conference on Security and Co-operation in Europe (CSCE)

Açıklama:

Several regional instruments also embrace the
main principles of dispute settlement and provide
dispute settlement mechanisms. These include:
• the 1948 American Treaty on Pacific
Settlement (Bogota Pact),
• the 1957 European Convention for the
Peaceful Settlement of Disputes,
• the 1964 Protocol of the Commission
of Mediation and Arbitration of the
Organization of African Unity,
• the 1992 Convention on Conciliation
and Arbitration Convention within the
Conference on Security and Co-operation
in Europe (CSCE) (later it is replaced by
the Organization for Security and Cooperation
in Europe (OSCE) and
• the 1993 Organization of African Unity
(OAU) Mechanism for Conflict Prevention.

Doğru Cevap: D

Soru 48

I. Negotiation,
II. Inquiry,
III. Mediation.
Which of the premise(s) above is among the methods for the resolution of disputes adopted by United Nations?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

In Chapter VI Article 33/1, some methods
for the resolution of disputes are addressed such
as Negotiation, Inquiry, Mediation, Conciliation,
Arbitration, Judicial Settlement or any other
peaceful means that parties agreed on.

Doğru Cevap: E

Soru 49

I. Sovereign equality of all States,
II. Duty to not to intervene in matters within the domestic jurisdiction of any State,
III. Duty to fulfill their obligations under international law in good faith.
Which of the above is/are among the principles adopted by United Nations for international negotiation?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

According to the Resolution, the principles for
international negotiation are:
• Sovereign equality of all States;
• Duty to not to intervene in matters within
the domestic jurisdiction of any State;
• Duty to fulfill their obligations under
international law in good faith;
• Duty to refrain from the threat or use of
force against the territorial integrity or
political independence of any State;
• Any agreement conducted under the threat
or use of force is void;
• Duty to cooperate with one another in
order to maintain international peace and
security;
• Settlement of disputes by peaceful means
not to endanger international peace,
security, and justice.

Doğru Cevap: E

Soru 50

What is the settlement of differences between states by judges of their own choice, and on the basis of respect for the law?

Negotiation

Arbitration

Mediation

Conciliation

Inquiry

Açıklama:

Doğru Cevap: B

Soru 51

Which of the following choices is not one of the elements of the international dispute In Article 36/2 of the Statute?

any other situation which may affect international peace;

the interpretation of a treaty;

any questions of international law;

a breach of an international obligation;

the nature or extent of the reparation to be made for the breach of an international obligation.”

Açıklama:

Later the Statute of the International Court of Justice (ICJ) has reflected previous approaches to international dispute. In Article 36/2 of the Statute the elements of the international dispute are defined as:
“All legal disputes concerning:
a. the interpretation of a treaty;
b. any questions of international law;
c. a breach of an international obligation;
d. the nature or extent of the reparation to be made for the breach of an international obligation.” Doğru cevap " A " dır.

Doğru Cevap: A

Soru 52

When did the General Assembly of the LN adopt the Geneva Protocol for the Pacific Settlement of International Disputes?

in 1926.

in 1924.

in 1925.

in 1927.

in 1928.

Açıklama:

Apart from the dispute settlement mechanism of the Covenant, the General Assembly of the LN adopted the Geneva Protocol for the Pacific Settlement of
International Disputes in 1924. The aim of the Protocol was to bring an obligatory judicial or arbitral settlement mechanism for States. However, the
Protocol failed, and thus, States agreed on another instrument called General Treaty for Renunciation of War as an instrument of National Policy (KelloggBriand Pact) in 1928. Contracting parties of the Pact condemned recourse to war for the solution of international controversies between them, and agreed that they shall seek pacific settlement or solution to any of their disputes or conflicts (Pellet, 204: 2012). These were the substantial steps to prohibit use of force strictly by the Charter of the United Nations (UN). Doğru cevap " B " dir.

Doğru Cevap: B

Soru 53

Which of the following statements is not one of the instruments highlighting the similar principles regarding dispute settlement?

Principle of non-use of force in international relations;

Principle of non-intervention in the international or external affair of states;

Obviate to recourse to use of force in their relations as much as possible;

Principle of sovereign equality of states;

Good faith in international relations;

Açıklama:

The instruments underline the importance of protection of international peace and security based on freedom, equality, justice and respect for human rights and peaceful co-existence. Both instruments highlight the following similar principles regarding dispute settlement:
• Principle of non-use of force in international relations;
• Principle of non-intervention in the international or external affair of states;
• Principle of equal rights and self-determination of peoples;
• Principle of sovereign equality of states;
• Principle to act in accordance with international law regarding the sovereignty of states, independence and territorial integrity of states;
• Good faith in international relations;
• Principles of justice and International Law. Doğru cevap " C " dir.

Doğru Cevap: C

Soru 54

" ....................................... should not do any recommendation on any issue that is on the agenda of the Security Council, unless the Security Council refers the issue to the General Assembly (Article 12). "
Which of the following choices correctly completes the sentence above?

Pacific Settlement of Disputes,

The Council,

The Security Council,

The General Assembly,

The UN Security Council,

Açıklama:

The UN General Assembly is assigned to discuss any dispute relating to international peace and security. Therefore, the dispute settlement issue may be brought before the General Assembly, unless the General Assembly refers the situation to the Security Council (Article 11). Nevertheless, the General Assembly should not do any recommendation on any issue that is on the agenda of the Security Council, unless the Security Council refers the issue to the General Assembly (Article 12). Doğru cevap " D " dir.

Doğru Cevap: D

Soru 55

" It is the direct and friendly settlement of disputes between the parties. "
Which of the following choices is the correct definition of the sentence above?

Inquiry,

Mediation,

Conciliation,

Judicial Settlement,

Negotiation,

Açıklama:

Negotiation is the direct and friendly settlement of disputes between the parties. Some of the international texts uses the term diplomacy or diplomatic channels instead of negotiation. Besides, consultations and exchange of views are the different forms of negotiations. Doğru cevap " E " dir.

Doğru Cevap: E

Soru 56

Which of the following statements is true for the concept of Mediation?

It refers to direct negations in front of a neutral mediator.

It can contribute to other means of dispute resolution.

It involves direct communication and bilateral process between the parties.

It is composed of experts in the subject of the investigations.

It helps disputing parties to understand each other’s case.

Açıklama:

Mediation refers to direct negations in front of a neutral mediator. The functions of the mediator are to invite parties to negotiate the dispute and to assist parties to a settlement. Mediator has an active role among the dispute parties; s/he may propose a solution that is mutually acceptable by the parties and forward the proposals of each party to the other. Doğru cevap " A " dır.

Doğru Cevap: A

Soru 57

It is “the settlement of differences between states by judges of their own choice, and on the basis of respect for the law.”
Which of the following choices is the correct definition of the sentence above?

Regional arrangement,

Arbitration,

Conciliation,

Fact-finding,

Relevant organ,

Açıklama:

Arbitration is a third-party settlement procedure. As defined by Article 15 of the 1899 Hague Convention, arbitration is “the settlement of differences between states by judges of their own choice, and on the basis of respect for the law.” Generally territorial and boundary disputes, disputes concerning interpretation of bilateral or multilateral treaties, disputes relating to
violation of international law are subject to arbitration (Handbook, 56: 1992). Doğru cevap " B " dir.

Doğru Cevap: B

Soru 58

" .................... are selected by the UN General Assembly and the UN Security Council together. "
Which of the following choices correctly completes the sentence above?

The parties,

The Tribunals,

The judges,

Judicial bodies,

Contentious Cases,

Açıklama:

The ICJ is the most experienced court among the other courts mentioned above. It is one of the principal organs of the UN (Article 92 of the UN Charter). The ICJ is composed of 15 judges, and they are appointed for nine years. None of them may be from the same State. The judges are selected by the UN General Assembly and the UN Security Council together. Judges should carry the qualifications, but also the representation of the main forms of civilization and of the principal legal systems of the world should be assured by the electors (Article 9 of the ICJ Statute). Doğru cevap " C " dir.

Doğru Cevap: C

Soru 59

Which of the following statements is wrong regarding a State accepting the jurisdiction of the ICJ?

A special agreement between dispute parties (compromis),

Acceptance of jurisdiction provisioned in treaties,

Declaration of recognizing the jurisdiction of the ICJ,

Any question of international law,

Forum prorogatum,

Açıklama:

A State may accept the jurisdiction of the ICJ in four ways:
• A special agreement between dispute parties (compromis),
• Acceptance of jurisdiction provisioned in treaties,
• Declaration of recognizing the jurisdiction of the ICJ,
• Forum prorogatum.
Doğru cevap " D " dir.

Doğru Cevap: D

Soru 60

Which of the following statements is not true regarding the revision of a judgement be made only, according to Article 61 of the Statue?

In case of discovery of some fact which may affect the decision of the Court,

The fact should be unknown by the time that the Court was handling the case,

The application for the revision must be made at latest within six months following the discovery of the new fact,

The application for the revision cannot be made after ten years from the date of the judgment,

The general principles of law recognized by civilized nations,

Açıklama:

The parties of the case can apply to the Court for the interpretation of the decision or revision of the judgment. According to Article 61 of the Statue, the revision of a judgement may be made only:
• in case of discovery of some fact which may affect the decision of the Court,
• the fact should be unknown by the time that the Court was handling the case,
• the Court should recognize that the existence of the new fact has the character
to open the case for revision,
• the application for the revision must be made at latest within six months following the discovery of the new fact,
• the application for the revision cannot be made after ten years from the date of the judgment. Doğru cevap " E " dir.

Doğru Cevap: E

Soru 61

Which of the following refers to a disagreement on a point of law or fact, a conflict of legal views or interests between two person?

War

Dispute

Covenant

Breach

Settlement

Açıklama:

A dispute as described by the Permanent Court of International Justice (PCIJ) in the Mavrommatis Case, is a disagreement on a point of law or fact, a conflict of legal views or interests between two persons. The correct answer is B.

Doğru Cevap: B

Soru 62

The interpretation of a treaty
Any questions of international law
A breach of an international obligation
The extent of the reparation to be made for the breach

Which of the above were the elements of international disputes according to the Covenant of League of Nations?

I-III

II-IV

I-II-III

I-II-IV

II-III-IV

Açıklama:

According to the Covenant of League of Nations, there were three elements of international disputes:

the interpretation of a treaty,
any question of international law,
• a breach of any international obligation (Article 13/2).

The correct answer is C.

Doğru Cevap: C

Soru 63

Polls
Tribunals
Committees
Ombudsmen

Which of the above are the dispute settlement methods?

I-II

III-IV

I-II-III

I-II-IV

II-III-IV

Açıklama:

States are free to choose which dispute settlement method they want to use to resolve their disputes. Therefore, States can resolve their dispute by any means they agreed on as long as the method is peaceful. The methods of dispute settlement mechanism in international law includes judicial mechanisms (courts, tribunals, arbitral panels), and other quasi-judicial, legal or extra-legal mechanisms (committees, inspection panels, ombudsmen, etc.). The correct answer is E.

Doğru Cevap: E

Soru 64

Which of the following was an instrument for dispute settlement before World War I?

The League of Nations

The United Nations Charter

Permanent Court of International Justice

The Hague Conventions for the Pacific Settlement of International Disputes

Manila Declaration on the Peaceful Settlement of International Disputes

Açıklama:

States have concluded several multilateral instruments regarding dispute settlement in international law since the end of the 19th century. The 1899 and 1907 Hague Conventions for the Pacific Settlement of International Disputes are the initial instruments for dispute resolution. The correct answer is D.

Doğru Cevap: D

Soru 65

Good faith in international relations
Principle of non-use of force in international relations
Principle of equal rights and self-determination of peoples
Resort to war only after three months after the arbitration award

Which of the above principles are highlighted in Declaration on Principles of International Law Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations?

I-III

II-IV

I-II-III

I-III-IV

II-III-IV

Açıklama:

UN General Assembly endorsed the peaceful settlement of disputes in the 1975 Declaration on Principles of International Law Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations and in the 1982 Manila Declaration on the Peaceful Settlement of International Disputes. Both instruments highlight the following similar principles regarding dispute settlement:

Principle of non-use of force in international relations;
Principle of non-intervention in the international or external affair of states;
Principle of equal rights and self- determination of peoples;
Principle of sovereign equality of states;
Principle to act in accordance with international law regarding the sovereignty of states, independence and territorial integrity of states;
Good faith in international relations;
Principles of justice and International Law.

In The Covenant of League Nations, the parties also agreed not to resort to war, until three months after the arbitration award, judicial decision or the report of the Council. The correct answer is C.

Doğru Cevap: C

Soru 66

The resolution taken by the Security Council according to Chapter VI is binding.
The chapter "Pacific Settlement of Disputes" obliges the parties of the dispute to seek a solution because the Chapter aims to avoid the continuance of the dispute.
The Security Council, the General Assembly, and the Secretariat have an active role for peaceful dispute settlement.
Any State which is not a member of the UN may draw the attention of the Security Council or General Assembly to any dispute referred in the Charter.

Which of the above are characteristics of The United Nations Charter?

I-II

III-IV

I-II-III

I-II-IV

II-III-IV

Açıklama:

The chapter "Pacific Settlement of Disputes" obliges the parties of the dispute to seek a solution because the Chapter aims to avoid the continuance of the dispute.
The Security Council, the General Assembly, and the Secretariat have an active role for peaceful dispute settlement.
Any State which is not a member of the UN may draw the attention of the Security Council or General Assembly to any dispute referred in the Charter.
However, the resolution taken by the Security Council according to Chapter VI is not binding.

The correct answer is E.

Doğru Cevap: E

Soru 67

Which of the following is not one of the diplomatic dispute settlement methods?

Arbitration

Negotiation

Mediation

Conciliation

Inquiry

Açıklama:

Among dispute settlement methods, negotiation, inquiry, mediation, conciliation are diplomatic dispute settlement methods, whereas arbitration and judicial settlement are adjudicative methods. The correct answer is A.

Doğru Cevap: A

Soru 68

Which of the following refers to negotiations that are conducted by the meeting of representatives or delegations of two States through meeting or written correspondence, telecommunication or any means of communication?

Bilateral

Multilateral

Collective

Indirect

Conditional

Açıklama:

Framework of the negotiations varies as bilateral, multilateral and collective negotiations. Bilateral negotiations are conducted by the meeting of representatives or delegations of two States through meeting, or through written correspondence, telecommunication or any means of communication. The correct answer is A.

Doğru Cevap: A

Soru 69

Which of the following method refers to investigating the issue which disputing parties have different point of views, or any other aspect of the dispute in order to reach an appropriate resolution?

Mediation

Inquiry

Negotiation

Conciliation

Arbitration

Açıklama:

Doğru Cevap: B

Soru 70

Which of the following is an old concept which allows resolving the dispute according to equity or good conscience?

Compromis

Ad hoc nature

Jurisdiction

Forum prorogatum

Ex aequo et bono

Açıklama:

Ex aequo et bono is an old concept which allows resolving the dispute according to equity or good conscience. Legal rules are not considered for decision-making. The primary goal is to reach just and fair resolution considering the subject matter of the dispute. The correct answer is E.

Doğru Cevap: E

Ünite 4

Soru 1

The 1958 Convention on the High Seas (HSC)
The 1982 Convention on the Law of the Sea (UNCLOS)
The 1962 Convention on the High Seas

Which of the above are among the main conventions of the law of the sea?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

The main conventions of the law of the sea are:

The 1958 Convention on the High Seas (HSC)
The 1958 Convention on the Territorial Sea and Contiguous Zone (TSC)
The 1958 Convention on the Continental Shelf (CSC)
The 1958 Convention on Fishing and Conservation of Living Resources of the High Seas
The 1982 Convention on the Law of the Sea (UNCLOS)

The correct option is B.

Doğru Cevap: B

Soru 2

Name
Nationality
Port of registry

Which ones above should a ship have?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

Each ship should have a name, a port of registry and a nationality, which is made known and identified by the ag it flies. These particularities are very critical in figuring out the applicable law in many instances. The correct option is E.

Doğru Cevap: E

Soru 3

What does the definition "the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State” belong to?

archipelago

strait

zones

baseline

islets

Açıklama:

Doğru Cevap: D

Soru 4

What is the limit for a state to establish the breadth of its territorial sea?

up to 10 nautical miles

up to 11 nautical miles

up to 12 nautical miles

up to 13 nautical miles

up to 14 nautical miles

Açıklama:

Despite ongoing debates, it may be concluded that the 1982 UNCLOS (Article 3) managed to provide a generally acceptable and applicable formula. Accordingly, “every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention” (emphasis added). The correct option is C.

Doğru Cevap: C

Soru 5

Any exercise or practice with weapons of any kind
The launching, landing or taking on board of any aircraft
The carrying out of research or survey activities

Which ones above are among the activities that render a passage not innocent?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

The activities that render a passage not innocent are:

any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
any exercise or practice with weapons of any kind;
any act aimed at collecting information to the prejudice of the defense or security of the coastal State;
any act of propaganda aimed at affecting the defense or security of the coastal State;
the launching, landing or taking on board of any aircraft;
the launching, landing or taking on board of any military device;
the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;
any act of willful and serious pollution contrary to this Convention;
any fishing activities;
the carrying out of research or survey activities;
any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
any other activity not having a direct bearing on passage.

The correct answer is E.

Doğru Cevap: E

Soru 6

Which one below is the maritime zone subject to sovereign rights?

The Contiguous Zone

Internal Waters

The Territorial Sea

High Seas

International Seabed

Açıklama:

The maritime zones subject to sovereign rights are as follows:

The continental shelf
The exclusive economic zone
The contiguous

The correct option is A.

Doğru Cevap: A

Soru 7

What is the maritime zone beyond national jurisdiction and described as the area characterized by the dominance of the principles of free use and the exclusivity of the flag State jurisdiction?

The Continental Shelf

The exclusive Economic Zone

The Contiguous Zone

High Seas

The International Seabed Area

Açıklama:

There are two maritime zones beyond national jurisdiction and they are High Seas and The International Seabed Area. Between them, High Seas are "characterized by the dominance of the principles of free use and the exclusivity of the flag State jurisdiction." The correct option is D.

Doğru Cevap: D

Soru 8

When was the International Maritime Organization established?

1945

1946

1947

1948

1949

Açıklama:

The International Maritime Organization was established in 1948 based in London out of growing concern regarding maritime navigations

Doğru Cevap: D

Soru 9

By whom was the International Tribunal for the Law of the Sea established?

ICJ

UNCLOS

EEZ

HSC

Açıklama:

The International Tribunal for the Law of the Sea was established by the 1982 UNCLOS itself. The correct option is B.

Doğru Cevap: B

Soru 10

It constitutes a res communis
It includes the water column,
It gives every State to sail ships

Which ones above can be considered among the features of the High Seas?

Only I

I and II

I and III

II and III

I, II and III

Açıklama:

The High Seas constitute a res communis and open to all States. It includes the water column, its superjacent airspace (“international airspace”), seabed and subsoil (Churchill and Lowe, 1999: 204). No State may claim sovereignty over any part of the high seas and “every State, whether coastal or land-locked, has the right to sail ships” (Articles 89 and 90, UNCLOS). Although basic freedoms of navigation and over-flight are well-known, all States also have the freedom to lay submarine cables and pipelines and to construct artificial islands and other installations in the High Seas. The correct option is E.

Doğru Cevap: E

Soru 11

Which of the following governs the use of the seas and oceans ?

International Private Law

International Trade Law

International Commercial Law

International Law of The Sea

Public Law

Açıklama:

International Law of the Sea (LoS) governs the use of the seas and oceans that cover almost three
quarters of the Earth’s surface and constitute a natural means of transportation and communication.

Doğru Cevap: D

Soru 12

Which of the following is not among the conventions on international law of the sea?

The Convention on the High Seas

The Convention on the Territorial Sea and Contiguous Zone

The Convention on the Continental Shelf

The Convention on Fishing and Conservation of Living Resources of the
High Seas

1982 Manila Declaration on the Peaceful Settlement of International Disputes.

Açıklama:

The first four agreements concluded in 1958 at the first United Nations Conference on the Law of the Sea are as follows:
• the Convention on the High Seas (hereafter, HSC) that entered into force in 1962;
• the Convention on the Territorial Sea and Contiguous Zone (hereafter, TSC) that entered into force in 1964;
• the Convention on the Continental Shelf (hereafter, CSC) that entered into force in 1964;
• the Convention on Fishing and Conservation of Living Resources of the
High Seas that entered into force in 1966.
1982 Manila Declaration on the Peaceful Settlement of International Disputes is not a treaty and it does not cover International Law of the Sea.

Doğru Cevap: E

Soru 13

According to the Law of the Seas, which of the following cannot be considered as a "sea"?

Mediterranean Sea

Black Sea

Pacific Ocean

The Caspian Sea

The Persian Gulf

Açıklama:

Doğru Cevap: D

Soru 14

"Self-propelled vehicles used or capable of being used as a meansof transportation on water may well be defined and/or accepted as ......" Which of the following completes the sentence correctly?

Vessel

Boat

Ship

Yacht

Marine carriage

Açıklama:

Self-propelled vehicles used or capable of being used as a means of transportation on water may well be defined and/or accepted as “ship”.

Doğru Cevap: C

Soru 15

What is the term used for “ a naturally formed area of land, surrounded by water, which is above water at high tide" in international law of the seas?

Continent

Land

Island

Gulf

Shore

Açıklama:

According to the definition of Article 10/1 of the 1958 KSBB, which was literally employed by the 1982 UNCLOS (Article 121/1), an island “is a naturally formed area of land, surrounded by water, which is above water at high tide”.

Doğru Cevap: C

Soru 16

What is the term used for “ the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State" in international law of the seas under normal circumstances?

Baseline

Shore

Coastal state

Island

Internal waters

Açıklama:

Under normal circumstances, the baseline
“is the low-water line along the coast as marked
on large-scale charts officially recognized by the
coastal State” (Article 5, UNCLOS). But, in cases
“where the coastline is deeply indented and cut
into, or if there is a fringe of islands along the coast
in its immediate vicinity”, the coastal State may
employ “the method of straight baselines joining”
appropriate points it selected along the furthest
seaward extent of the low-water line (Article 7,
UNCLOS).

Doğru Cevap: A

Soru 17

"........ simply separate internal waters from other maritime zones each of which have different legal regimes." Which of the following completes the sentence correctly?

Coastal state

Internal waters

Territorial sea

Island

Baseline

Açıklama:

Baselines do not constitute or mark the outer limits of a State’s territory. For the territorial seas
that extend beyond baselines are also a part of the sea territory. Baselines simply separate internal
waters from other maritime zones each of which have different legal regimes.

Doğru Cevap: E

Soru 18

"Unless otherwise established by a specific international instrument, all ships and aircraft enjoy the right of .............. through/over straits." Which of the following completes the given piece correctly?

Transit passage

Carry out commercial activities

Conducting military drills

importing goods

exporting goods

Açıklama:

Unless otherwise established by a specific international instrument, all ships and aircraft
enjoy the right of transit passage through/over straits. This means “the freedom of navigation and
overflight solely for the purpose of continuous and expeditious transit of the strait” in accordance with
relevant rules, principles and procedures (Articles 37-44, UNCLOS).

Doğru Cevap: A

Soru 19

What is the term used for “waters on the landward side of the baseline"?

Internal waters

The territorial sea

The contigious zone

The exclusive economic zone

The continental shelf

Açıklama:

Internal waters, also called interior or national waters, is defined by Article 5 of the 1958 TSC
and Article 8 of the 1982 UNCLOS. Accordingly, internal waters are the “waters on the landward
side of the baseline”. As such, they comprise ports, bays, estuaries and -particularly in case of straight
baselines- the water areas enclosed.

Doğru Cevap: A

Soru 20

Which of the following is not one of the crimes over which all States can exercise universal jurisdiction on the high seas?

Drug trafficking

Unauthorized broadcasting

Piracy

Crimes against humanity

Slave trading

Açıklama:

States may also exercise jurisdiction over foreign ships on the high seas under the principle of
“universal jurisdiction”. Leaving aside the fact that this principle has now metamorphosed into a much
wider of element international criminal law, it has been generally accepted for a long time that some
particular criminals considered to be the enemies of all mankind may well be punished by the authorities of any nation that captured them (Kazemi, 2013: 2). Such crimes include piracy, unauthorized broadcasting, slave trading and drug trafficking.

Doğru Cevap: D

Soru 21

What's the full name and abbreviation of the 1982 Convention on Sea Law?

Convention on the High Seas (HSC)

Convention on the Territorial Sea and Contiguous Zone (TSC)

Convention on the Continental Shelf (CSC)

Convention on Fishing and Conservation of Living Resources of the High Seas (CFSLR)

Convention on the Law of the Sea (UNCLOS)

Açıklama:

The main conventions of the law of the sea: - The 1958 Convention on the High Seas (HSC) - The 1958 Convention on the Territorial Sea and Contiguous Zone (TSC) - The 1958 Convention on the Continental Shelf (CSC) - The 1958 Convention on Fishing and Conservation of Living Resources of the High Seas - The 1982 Convention on the Law of the Sea (UNCLOS)

Doğru Cevap: E

Soru 22

Which of the following should a ship have?
I. name
II. a port of registry
III. nationality
IV. maneuver guidelines

I and II

II and III

I and IV

I, II, III

II, III, IV

Açıklama:

Each ship should have a name, a port of registry and a nationality, which is made known and identified by the flag it flies.

Doğru Cevap: D

Soru 23

What is the importance of baselines in terms of maritime zones?

They are low-water lines along the coast as marked on large-scale charts.

They are used to measure the breadths of all other maritime zones.

The baseline is a straight line across the mouth of the river.

They are similar to the bays the coasts of which belong to a single State.

The baseline across a bay cannot be no more than 24 nautical miles.

Açıklama:

Baselines simply separate internal waters from other maritime zones each of which have different legal regimes. The breadths of all other maritime zones including the territorial seas are also measured from the baselines.

Doğru Cevap: B

Soru 24

Which of the following is the name of “a group of closely interrelated islands that form of an intrinsic geographical, economic and political entity, or which historically have been regarded as such"?

Island

Baseline

Archipelago

Straits

Maritime Zones

Açıklama:

Article 46/2 puts that a group of closely interrelated islands that “form an intrinsic geographical, economic and political entity, or which historically have been regarded as such” form an archipelago

Doğru Cevap: C

Soru 25

Which of the following is false for a strait in terms Sea Law?

A strait may well fall within the territorial seas of a coastal State, as well as of two or more coastal States.

A man-made canal can also be considered as strait.

The determining factor is the legal status to which a strait is subjected.

All ships and aircraft enjoy the right of transit passage through/over straits.

National strait falls under the full jurisdiction of the coastal State.

Açıklama:

Being a natural formation is an important criterion, and hence a man-made canal cannot be considered as strait.

Doğru Cevap: B

Soru 26

What is the name of the term that regulates the case of a ship that somehow enters the internal waters of a coastal State?

Territorial jurisdiction

innocent passage regime

the breadth of the territorial sea

12 nautical miles rule

opposite side islands regulation

Açıklama:

In any case, a ship that somehow enters the internal waters of a coastal State would be within the territorial jurisdiction of the coastal State. Hence, in principle, the ship and those on board become subject to the laws of the coastal State.

Doğru Cevap: A

Soru 27

What's the name of the term that gives the Coastal State the right of exploring, exploiting, conserving and managing living and non-living natural resources?

The Contiguous Zone

The Seabed and the Subsoil Area

The Exclusive Economic Zone (EEZ)

Marine Environment Right

İnternational Dispute

Açıklama:

It gives coastal States extensive rights (Churchill and Lowe, 1999: 160) that mainly include exploring, exploiting, conserving and managing living and non-living natural resources, as well as other activities such as the production of energy from the water, currents and winds.

Doğru Cevap: C

Soru 28

What principle gives the States the right to exercise jurisdiction over foreign ships on the high seas?

Universal jurisdiction

Exploitability

Truman Proclamation

Offshore resources

International dispute

Açıklama:

States may also exercise jurisdiction over foreign ships on the high seas under the principle of “universal jurisdiction”.

Doğru Cevap: A

Soru 29

Which organization is seen as the global standard-setting authority for the safety, security and environmental performance of international shipping?

International Seabed Authority (ISA)

European Union (EU)

United Nations (UN)

North Atlantic Treaty Organization (NATO)

International Maritime Organization (IMO)

Açıklama:

With its current 174 member States and three associate members, it is regarded as the global standard-setting authority for the safety, security and environmental performance of international shipping.

Doğru Cevap: E

Soru 30

Which of the following is false about Turkey and Contigious Zone and EEZ?

Turkey has not claimed any contiguous zone in its seas.

Turkey is close to have a consensus with neighbouring countries in the Mediterranean.

Turkey has not claimed EEZ in the Mediterranean or the Aegean Sea.

Turkey made an agreement with USSR in 1987 over EEZ in Black Sea region.

Turkey has announced a 200 nm EEZ in the Black Sea in 1986

Açıklama:

Turkey has not claimed any contiguous zone in its seas. it has announced a 200 nm EEZ in the Black Sea in 1986. It has also exchanged notes in 1987 with the USSR that constitute an agreement on the delimitation of the maritime zones (i.e., the EEZs and the continental shelves) of the parties. Turkey has not claimed EEZ in the Mediterranean or the Aegean Sea. While there are bilateral agreements signed in between Turkey and the TRNC on one hand and between Greek Administration of Southern Cyprus and Israel and Egypt on the other, a conclusive legal consensus among all coastal States on the delimitation of the maritime zones in the Eastern Mediterranean is still well far from being reached at.

Doğru Cevap: B

Soru 31

Under normal circumstances, the baseline is:

A low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.

A group of closely interrelated islands that form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.

A narrow natural passage of water connecting two larger bodies of water.

A naturally formed area of land, surrounded by water, which is above water at high tide.

A ship belonging to the naval forces of a State and bearing the external marks distinguishing warships of its nationality.

Açıklama:

Under normal circumstances, the baseline “is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State” (Article 5, UNCLOS). But, in cases “where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity”, the coastal State may employ “the method of straight baselines joining” appropriate points it selected along the furthest seaward extent of the low-water line (Article 7, UNCLOS).

Doğru Cevap: A

Soru 32

Which of the following is one of the criteria that must be fulfilled for a geographic formation to be considered an island?

It must be populated by inhabitants.

It must be capable of effective occupation.

It must be above water at high tide.

It must be a floating formation.

It must be part of an archipelagic State.

Açıklama:

There is a general consensus regarding the definition of island. According to the definition of Article 10/1 of the 1958 KSBB, which was literally employed by the 1982 UNCLOS (Article 121/1), an island “is a naturally formed area of land, surrounded by water, which is above water at high tide”. Thus, being populated by inhabitants and/or being capable of effective occupation are not necessarily required. On the other hand, geographic formations exposed at low tide but submerged at high tide, artificial formations, man-made platforms and floating formations such as icebergs cannot be deemed as island. So, being a natural area of land surrounded by water, attached to the seabed and also above water at high tide can be regarded as islands (Tanaka, 2012: 63-64).

Doğru Cevap: C

Soru 33

A group of closely interrelated islands that form an intrinsic geographical, economic and political entity, or which historically have been regarded as such form a/an:

Maritime zone.

Archipelago.

Normal baseline.

Straight baseline.

Sea territory.

Açıklama:

Archipelago is another notion that was legally introduced and defined eventually by the 1982 UNCLOS. Article 46/2 puts that a group of closely interrelated islands that “form an intrinsic geographical, economic and political entity, or which historically have been regarded as such” form an archipelago.

Doğru Cevap: B

Soru 34

Which of the following is not one of the activities that render a passage not innocent?

Launching, landing or taking on board of any aircraft.

Loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State.

Fishing activities.

Exercise or practice with weapons of any kind.

Stopping and anchoring if rendered necessary by force majeure or distress.

Açıklama:

Some of the activities that render a passage not innocent are: - any exercise or practice with weapons of any kind;- the launching, landing or taking on board of any aircraft; - the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State; - any fishing activities.

Doğru Cevap: E

Soru 35

An area that extends up to 200 nm from the (straight) baseline that covers not only the body of water, but also the waters superjacent to the seabed, the seabed itself and its subsoil is called:

Contiguous zone.

Exclusive economic zone.

Marine environment.

Continental shelf.

International seabed area.

Açıklama:

Doğru Cevap: B

Soru 36

The breadth of a contiguous zone:

May not extend beyond 12 nautical miles from the baselines.

May not extend beyond 188 nautical miles from the baselines.

May not extend beyond 200 nautical miles from the baselines.

May not extend beyond 100 nautical miles from the baselines.

May not extend beyond 24 nautical miles from the baselines.

Açıklama:

The contiguous zone is defined as the maritime zone that is “contiguous to and seaward of the territorial sea” (Churchill and Lowe, 1999: 132). The breadth of this zone “may not extend beyond 24 nautical miles from the baselines” (Article 33/2, UNCLOS). However, it should be noted that this zone actually and effectively comprises the zone lying seaward of the outer limit of the territorial sea. Thus, in cases where a coastal State has a 12- nm territorial sea and declared a 24-nm contiguous zone, its contiguous zone would actually cover the 12 nm stretching in between the outer limits of the two.

Doğru Cevap: E

Soru 37

Which of the following is an example of a maritime zone beyond national jurisdiction?

The continental shelf.

The exclusive economic zone.

The contiguous zone.

High Seas.

Internal waters.

Açıklama:

In addition to zones subject to sovereignty or sovereign rights of coastal States, there are also marine areas that are equally open to the activities of all States. While the High Seas constitute res communis that can be used by any State in principle, the International Seabed Area is a common heritage of mankind, the resources of which cannot be appropriated by any State individually.

Doğru Cevap: D

Soru 38

'The area that consists of the seabed and the subsoil that are not subject to the sovereign rights of any State at all' is called:

The international seabed area.

High seas.

Continental shelf.

Territorial sea.

Exclusive economic zone.

Açıklama:

The 1982 UNCLOS strictly defined the “international seabed area” as “the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction”. Therefore, as the national jurisdiction mentioned for these purposes extends to a distance of 200 nm from the (straight) baselines where the EEZ and the continental shelf end under normal circumstances, the international seabed area should be best defined as the area that consists of the seabed and the subsoil that are not subject to the sovereign rights of any State at all.

Doğru Cevap: A

Soru 39

Which of the following statements is false regarding High Seas?

The High Seas constitute a res communis and are open to all States.

The High Seas includes the water column, its superjacent airspace seabed and subsoil.

The International Seabed Authority organizes, carries out and controls the activities in the High Seas on behalf of humankind as a whole.

Every State, whether coastal or land-locked, has the right to sail ships in the High Seas.

All States have freedom to lay submarine cables and to construct artificial islands in the High Seas.

Açıklama:

As “all rights in the resources of the Area are vested in mankind as a whole”, the 1982 UNCLOS established the International Seabed Authority to which all States Parties are ipso facto members. The Authority will organize, carry out and control the activities in the International Seabed Area on behalf of humankind as a whole. It is also expected to take necessary measures for the protection for the marine environment from harmful effects of activities in the International Seabed Area.

Doğru Cevap: C

Soru 40

Which of these five major conventions of the law of the sea introduced a detailed dispute settlement mechanism?

The 1958 Convention on the High Seas.(HSC)

The 1958 Convention on the Territorial Sea and Contiguous Zone.(TSC)

The 1958 Convention on the Continental Shelf.(CSC)

The 1958 Convention on Fishing and Conservation of Living Resources of the High Seas.

The 1982 Convention on the Law of the Sea.(UNCLOS)

Açıklama:

The 1982 UNCLOS introduces a detailed dispute settlement mechanism as well. This was basically a result of the complex set of rights given particularly to States with opposite or adjacent coasts. The availability of States that wanted to act unilaterally on one hand and that claimed that the validity of the delimitation is a matter of international law on the other hand has made international disputes unavoidable. Besides, other provisions regarding navigation, marine protection, exploiting the resources of the international seabed area, and so on may also be subject to disputes.

Doğru Cevap: E

Soru 41

Which convention concluded later than the others?

The Convention on the Territorial Sea and Contiguous Zone

The Convention on the Continental Shelf

The Convention on the Law of the Sea

The 1958 Convention on the High Seas

The Convention on Fishing and Conservation of Living Resources of the High Seas

Açıklama:

The first four concluded in 1958 at the first United Nations Conference on the Law of the Sea are as follows:
• the Convention on the High Seas that entered into force in 1962
• the Convention on the Territorial Sea and Contiguous Zone that entered into force in 1964;
• the Convention on the Continental Shelf that entered into force in 1964;
• the Convention on Fishing and Conservation of Living Resources of the High Seas that entered into force in 1966.
Second and third conferences, which were convened mostly for unresolved issues such as the breadth of territorial seas and international seabed, lasted for years and the United Nations Convention on the Law of the Sea (hereafter, UNCLOS) was concluded in 1982, and barely entered into force in 1994.

Doğru Cevap: C

Soru 42

Which of the following about seas is true?

Lakes are considered seas.

All oceans are regulated differently than seas.

It has been defined in various international instrument.

Seas constitute a means of worldwide transportation and communication.

Bodies of water connected to others via rivers are considered seas.

Açıklama:

Sea, which is the very foundational concept of the LoS, has not been defined in any international instrument. Nevertheless, what generally referred to as seas are the masses of salty water naturally connected with each other via natural straits, and thus constitute a means of worldwide transportation and communication. Legally speaking, an ocean which is no more than a major body of water in between continents is also considered sea. Therefore, although the parties in an enclosed region might collectively decide the other way depending on their historical usages and/or contemporary interests, bodies of water that are connected to others via rivers are not considered sea. Neither the enclosed lakes that contain freshwater. Such bodies, and the State activities therein, would therefore not fall under the scope of the LoS.

Doğru Cevap: D

Soru 43

What is the term used for ships that are used on maritime transportation
and that are subject to private (international) law?

Boats

Public ships

Cruise ships

Merchant ships

Governmental ships

Açıklama:

Ships are defined and classified differently according to their purpose of use and ownership in a way that affects their legal status. In most general terms, ships that are used on maritime transportation and that are subject to private (international) law are generally regarded as “trade/merchant ships”. This definition, in principle, includes “public ships” that are “owned or operated by a State and used only on government non-commercial service”. Hence, governmental ships apart from those used for medical, postal or fire-fighting purposes are also subject to rules applicable to trade/merchant ships so long as they are used for trade purposes. That is why the warship definition is of crucial importance.

Doğru Cevap: D

Soru 44

What is the term for a naturally formed area of land, surrounded by water, which is above water at high tide?

Atoll

Islet

Island

Rock

Reef

Açıklama:

There is a general consensus regarding the definition of island. According to the definition of Article 10/1 of the 1958 KSBB, which was literally employed by the 1982 UNCLOS (Article 121/1), an island “is a naturally formed area of land, surrounded by water, which is above water at high tide”. Thus, being populated by inhabitants and/or being capable of effective occupation are not necessarily required.
State and court practice suggests that uninhabited and tiny formations that do not have its own economic life, and that are therefore generally called as islets, rocks, carol islands, atolls, reefs and so on are not entitled at least to maritime zones that bring economic rights.

Doğru Cevap: C

Soru 45

The baseline across a bay cannot be more than how many nautical miles in length?

Açıklama:

The baseline across a bay cannot be no more than 24 nautical miles (nm) in length, as it would otherwise grant unfair/disproportional area of water to the coastal State.

Doğru Cevap: E

Soru 46

Every State has the right to establish the breadth of its territorial sea up to a limit of how many nautical miles?

Açıklama:

These considerations rendered it important to determine and codify not only the legal status of the territorial sea but also its breadth. However, the 1958 Convention on the Territorial Sea and Contiguous Zone that in fact made many regulations that could not manage to resolve the breadth question though. Despite ongoing debates, it may be concluded that the 1982 UNCLOS (Article 3) managed to provide a generally acceptable and applicable formula. Accordingly, “every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention” (emphasis added). Therefore, it does not decisively specify that the breadth shall be 12 nm.

Doğru Cevap: A

Soru 47

In which case can innocent passage be granted?

The ship is being used for fishing

The ship is being used for carrying out research

The ship takes on board of an aircraft

The ship loads a person contrary to the customs

The ship is used for transporting passengers

Açıklama:

The activities that render a passage not innocent are:
- any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
- any exercise or practice with weapons of any kind;
- any act aimed at collecting information to the prejudice of the defense or security of the coastal State;
- any act of propaganda aimed at affecting the defense or security of the coastal State;
- the launching, landing or taking on board of any aircraft;
- the launching, landing or taking on board of any military device;
- the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;
- any act of willful and serious pollution contrary to this Convention;
- any fishing activities;
- the carrying out of research or survey activities;
- any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
- any other activity not having a direct bearing on passage.

Doğru Cevap: E

Soru 48

Which is an area that extends up to 200 nm from the (straight) baseline that covers not only the body of water, but also the waters superjacent to the seabed, the seabed itself and its subsoil?

Coast

Territorial sea

Continental shelf

Contiguous zone

Exclusive economic zone

Açıklama:

The exclusive economic zone (EEZ) is an area that extends up to 200 nm from the (straight) baseline that covers not only the body of water, but also the waters superjacent to the seabed, the seabed itself and its subsoil (Articles 55, 56 and 57, UNCLOS). As seen earlier, rocks that cannot sustain human habitation or economic life of their own cannot have EEZ either. It gives coastal States extensive rights (Churchill and Lowe, 1999: 160) that mainly include exploring, exploiting, conserving and managing living and non-living natural resources, as well as other activities such as the production of energy from the water, currents and winds. Coastal States also have “jurisdiction as provided for in the relevant provisions” of the 1982 UNCLOS with regard to “the establishment and use of artificial islands, installations and structures” as well marine scientific research and the protection and preservation of the marine environment.

Doğru Cevap: E

Soru 49

States may exercise jurisdiction over foreign ships on the high seas under what principle?

Exploitability

Universal jurisdiction

Criminal jurisdiction

International dispute

Natural prolongation

Açıklama:

States may exercise jurisdiction over foreign ships on the high seas under the principle of “universal jurisdiction”. Leaving aside the fact that this principle has now metamorphosed into a much wider of element international criminal law, it has been generally accepted for a long time that some particular criminals considered to be the enemies of all mankind may well be punished by the authorities of any nation that captured them (Kazemi, 2013: 2). Such crimes include piracy, unauthorized broadcasting, slave trading and drug trafficking. The 1958 HSC (Articles 13 and 14) and the 1982 UNCLOS (Articles 99, 100, 108 and 109) stipulate that all States have not only the right to exercise jurisdiction over such vessels but also the duty to do so.

Doğru Cevap: B

Soru 50

What entitles coastal States to exercise their jurisdiction on, and even arrest,
foreign ships which violated their respective laws and regulations?

Hot pursuit

Universal jurisdiction

International Seabed Authority

Innocent passage

The right of transit passage

Açıklama:

Finally, the right to hot pursuit entitles coastal States to exercise their jurisdiction on, and even arrest, foreign ships which violated their respective laws and regulations. This right is “designed to ensure that a vessel which has infringed the rules of a coastal state cannot escape punishment by fleeing to the high seas” (Shaw, 2008: 617). But, there are certain conditions as clearly listed in Articles 23 and 111 of the 1958 HSC and the 1982 UNCLOS respectively. First and foremost, a foreign ship must have violated the laws, regulations and rights put into force for the protection of the zone in question. Therefore, the coastal State would have extensive rights on foreign ships in the territorial sea, the pursuit may be commenced within the contiguous zone only if the laws and regulations of the coastal State concerning customs, fiscal, immigration or sanitary issues are violated. Second, the pursuit must be commenced within the zone where the violation took place and may only continue as long as it is not interrupted. Third, in order to commence a hot pursuit, a visual or auditory signal to stop must be given at a distance which enables the foreign ship to see or hear the warning. Fourth, the right of hot pursuit may only be exercised by warships or other duly marked and identifiable governmental vessels of the coastal State that may also use military aircrafts under certain limited conditions. Fifth, the competent authorities of the coastal State should have good reasons to believe that a violation has taken place. In cases where a ship has been stopped or arrested in circumstances which do not justify the exercise of this right, the coastal State would be obliged to compensate for any loss or damage caused. Last but not least, the pursuit would cease as soon as the ship pursued enters the territorial sea of its own State or of a third State (Tanaka, 2012: 163 ff.).

Doğru Cevap: A

Soru 51

Which of the following is a "must" for an area of land to be considered an island?

Being populated by inhabitants

Being above water at high tide

Being capable of effective occupation

Being seen at a distance of 5 nm

Being above water for at least 15 consecutive days

Açıklama:

Doğru Cevap: B

Soru 52

Which of the following is a group of closely interrelated islands that “form an intrinsic geographical, economic and political entity, or which historically have been regarded as such”?

Baselines

Islets

Archipelago

Maritime zone

Straits

Açıklama:

Doğru Cevap: C

Soru 53

The area of water that a coastal state might have under certain rules of LoS is called ______?

Sea territory

Internal waters

Maritime zone

Baselines

Straits

Açıklama:

Sea territory is the area of water that a coastal State might have under certain rules of the LoS.
The correct choice is A.

Doğru Cevap: A

Soru 54

In which of the following maritime zones can sovereign rights be claimed over natural sources of the water column and the seabed and subsoil?

High seas

Territorial sea

Contiguous zone

Exclusive economic zone

Extended continental shelf

Açıklama:

see Figure 4.5 (Maritime Zones) in your book
The correct choice is D.

Doğru Cevap: D

Soru 55

What is the limit in nautical miles (nm) for a coastal state to establish the breadth of its territorial sea?

10 nm

12 nm

24 nm

100 nm

200 nm

Açıklama:

According to 1982 UNCLOS (Article 3) every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines.
The correct choice is B.

Doğru Cevap: B

Soru 56

By which of the following countries was the Exclusive Economic Zone first put forward?

Turkey

Kenya

Egypt

The United States

Greece

Açıklama:

This relatively new maritime zone was first put forward by Kenya that received considerable support from other “developing countries” in Africa and Asia.
The correct choice is B.

Doğru Cevap: B

Soru 57

The Contiguous Zone was first introduced in the year ______.

1939

1947

1958

1974

1982

Açıklama:

The contiguous zone was first introduced by the 1958 TSC and then confirmed and reinforced by the 1982 UNCLOS.
The correct choice is C, "1958".

Doğru Cevap: C

Soru 58

How far does the Exclusive Economic Zone extend?

24 nm

100 nm

200

350 nm

400 nm

Açıklama:

Doğru Cevap: C

Soru 59

Which of the following is NOT subject to sovereign rights?

Internal waters

High seas

Territorial sea

Contiguous zone

Continental shelf

Açıklama:

States do have certain sovereign rights and duties in areas/zones that extent beyond internal waters and the territorial sea. These may be listed as the contiguous zone, exclusive economic zone (EEZ) and continental shelf, each of which are measured from the (straight) baseline, and yet do comprise areas beyond the outer limits of the territorial seas.
The correct choice is B, " High seas".

Doğru Cevap: B

Soru 60

By which of the following Articles of UNCLOS were land-locked states given fishing rights?

Article 5

Article 29

Article 69

Article 70

Article 121

Açıklama:

Most striking rights granted to third States by the 1982 UNCLOS are the fishing rights given to the land-locked States (Article 69).
The correct choice is C, "Article 69".

Doğru Cevap: C

Soru 61

I. The Convention on the High Seas that entered into force in 1962,
II. The Convention on the Territorial Sea and Contiguous Zone that entered into force in 1964,
III. The Convention on the Continental Shelf that entered into force in 1964,
IV. The Convention on Fishing and Conservation of Living Resources of the High Seas that entered into force in 1966.
Which of the conventions above are among the first four conventions that concluded in 1958 at the first United Nations Conference on the Law of the Sea?

I and II

II and III

I and IV

I, II and IV

I, II, III and IV

Açıklama:

The first four conventions concluded in 1958 at the first United Nations Conference on the Law of the Sea are as follows:

The Convention on the High Seas that entered into force in 1962,
The Convention on the Territorial Sea and Contiguous Zone that entered into force in 1964,
The Convention on the Continental Shelf that entered into force in 1964,
The Convention on Fishing and Conservation of Living Resources of the High Seas that entered into force in 1966.

Doğru Cevap: E

Soru 62

When was the United Nations Convention on the Law of the Sea was concluded?

1962

1972

1982

1992

2002

Açıklama:

Second and third United Nations Conferences on the Law of the Sea, which were convened mostly for unresolved issues such as the breadth of territorial seas and international seabed, lasted for years and the United Nations Convention on the Law of the Sea was concluded in 1982.

Doğru Cevap: C

Soru 63

When the United Nations Convention on the Law of the Sea entered into force?

1964

1974

1984

1994

2004

Açıklama:

Second and third United Nations Conferences on the Law of the Sea which were convened mostly for unresolved issues such as the breadth of territorial seas and international seabed, lasted for years and the United Nations Convention on the Law of the Sea entered into force in 1994.

Doğru Cevap: D

Soru 64

Which of the following below is not among the main conventions of the law of the sea?

The 1958 Convention on the Deep Seas

The 1958 Convention on the Territorial Sea and Contiguous Zone

The 1958 Convention on the Continental Shelf

The 1958 Convention on Fishing and Conservation of Living Resources of the High Seas

The 1982 Convention on the Law of the Sea

Açıklama:

The main conventions of the law of the sea are:
- The 1958 Convention on the High Seas,
- The 1958 Convention on the Territorial Sea and Contiguous Zone,
- The 1958 Convention on the Continental Shelf,
- The 1958 Convention on Fishing and Conservation of Living Resources of the High Seas,
- The 1982 Convention on the Law of the Sea.

Doğru Cevap: A

Soru 65

I. Sea, which is the very foundational concept of the law of the sea, has not been defined in any international instrument.
II. What generally referred to as seas are the masses of salty water naturally connected with each other via natural straits, and thus constitute a means of worldwide transportation and communication.
III. Legally speaking, an ocean that is no more than a major body of water between continents is also considered sea.
Which of the premise(s) about the concept of the sea above is/are correct from the perspective of the law of the sea?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Sea, which is the very foundational concept of the law of the sea, has not been defined in any international instrument. Nevertheless, what generally referred to as seas are the masses of salty water naturally connected with each other via natural straits, and thus constitute a means of worldwide transportation and communication. Legally speaking, an ocean which is no more than a
major body of water in between continents is also considered sea.

Doğru Cevap: E

Soru 66

"Self-propelled vehicles used or capable of being used as a means of transportation on water may well be defined and/or accepted as “ship”."
According to the definition above, which of the followings below can be reagrded as "ship"?

A vessel that does not have and/or uses propulsion units

A coast guard ship

Barges

Platforms

Tiny boats that cannot move and maneuver with its own means

Açıklama:

A universally recognized definition of ship is yet to be done. The notion employed by countless international instruments has in fact been understood and even defined in quite different ways and terms in national laws of States. Nonetheless, a brief look at domestic practices and the international scholarly literature suggests that self-propelled vehicles used or capable of being used as a means of transportation on water may well be defined and/or accepted as “ship”. Besides, adopting a negative definition, it may also be suggested that a vessel that does not have and/or uses propulsion units and therefore cannot move and maneuver with its own means (such as barges, platforms and even tiny boats) cannot be deemed as a ship.

Doğru Cevap: B

Soru 67

I. A name,
II. A port of registry,
III. A nationality.
Which of the instrument(s) above should exist in each ship?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Each ship should have a name, a port of registry and nationality, which is made known and
identified by the flag it flies.

Doğru Cevap: E

Soru 68

"A group of closely interrelated islands that “form an intrinsic geographical, economic and political entity, or which historically have been regarded as such” form an ............."
According to the law of the sea, which of the following concepts below should fill the blank in the definition above?

Archipelago

Normal baseline

Straight baseline

Rock

Island

Açıklama:

Archipelago is another notion that was legally introduced and defined eventually by the 1982 UNCLOS. Article 46/2 puts that a group of closely interrelated islands that “form an intrinsic
geographical, economic and political entity, or which historically have been regarded as such”
form an archipelago. Accordingly, such areas do not only include parts of islands but also closely
interrelated sea areas and other natural features.

Doğru Cevap: A

Soru 69

I. All terrestrial components of an archipelago must be islands.
II. Any peninsula that has a continental mainland connection cannot be among the terrestrial components of an archipelago.
III. States which mainly consists of islands, and yet has even a slightest portion of continental lands
cannot declare itself an archipelagic State.
Which of the premise(s) above is/are correct?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

All terrestrial components of an archipelago must be islands. Any peninsula that has a continental mainland connection cannot be among the terrestrial components. Thus State which mainly consists of islands, and yet has even a slightest portion of continental lands cannot declare itself an archipelagic State.

Doğru Cevap: E

Soru 70

When the Truman Proclamation that orders "natural resources of the subsoil and seabed of the continental shelf beneath the high seas but contiguous to the coasts of the United States appertains to the United States" was declared?

1941

1942

1943

1944

1945

Açıklama:

US President Truman officially proclaimed the Truman Proclamation in 1945 which orders that “the natural resources of the subsoil and seabed of the continental shelf beneath the high seas but contiguous to the coasts of the United States” appertains to the United States and are therefore “subject to its jurisdiction and control.”

Doğru Cevap: E

Ünite 5

Soru 1

Which of the following is true about the (1910) first Paris Conference?

States agreed on licensing of the flight crew in 1910 Paris Conference.

Paris Conference held in 1910 was the second international conference in history.

1910 Paris Conference was able to enact international law.

The 1910 Paris Conference is still in force.

The sovereignty of States over the air space above their territory was recognized in 1910 Paris Conference .

Açıklama:

After the development of aircraft technology, the first conference was organized in Paris in 1910. The Conference focused on neither the sovereign rights of States over their territory nor the freedom of use of air space. States agreed on the topics of the nationality of aircraft, registration of aircraft, certification of aircraft, licensing of the flight crew, rules of the air, customs procedures, etc. However, the Convention failed to enact an international convention.
The first conference was organized in Paris in 1910. The Conference focused on neither the sovereign
rights of States over their territory nor the freedom of use of air space. States agreed on the topics of the nationality of aircraft, registration of aircraft, certification of aircraft, licensing of the flight crew, rules of the air, customs procedures, etc. However, the Convention failed to enact an international convention on many topics. Therefore, the correct choice is A.

Doğru Cevap: A

Soru 2

In which of the following conventions was ICAO established?

The 1919 Paris Convention

The 1944 Chicago Convention

The 1926 Madrid Convention

The 1928 Havana Convention

The 1982 UN Convention

Açıklama:

The vital rules of the Chicago Convention are sovereignty on air space, territory, the legal status of civil and State aircraft, scheduled and non-scheduled air services, cabotage, prohibited areas, registry and nationality of aircraft, customs and immigration, requirements to be fulfilled concerning aircraft and so on. Furthermore, the Convention established the International Civil Aviation Organization.
The International Civil Aviation Organization was established in 1944 Chicago Convention. Therefore, the correct choice is B.

Doğru Cevap: B

Soru 3

Which of the following objectives of ICAO encourages each country to have its own airline?

One of the objectives of ICAO is to prevent economic waste caused by unreasonable competition.

One of the objectives of ICAO is to promote the safety of flight in international air navigation.

One of the objectives of ICAO is to establish the safe and orderly growth of international civil aviation.

One of the objectives of ICAO is to ensure fair opportunity for each State to operate an international airline.

One of the objectives of ICAO is to meet the need for safe, regular, efficient, and economical air transport.

Açıklama:

The objective of ICAO is to; ensure the safe and orderly growth of international civil aviation, encourage the design and operation of aircraft for peaceful purposes, encourage the development of airways, airports, and air navigation facilities, meet the need for safe, regular, efficient, and economical air transport, prevent economic waste caused by unreasonable competition, ensure the rights of States, ensure fair opportunity for each State to operate an international airline, avoid discrimination between contracting States, promote the safety of flight in international air navigation, promote the development of international civil aeronautics.
Securing a fair opportunity for each State to operate an international airline is one of the objectives of ICAO. Therefore, the correct choice is D.

Doğru Cevap: D

Soru 4

Which of the following is the best option to complete the sentence below?
'____________ can be defined as the air space beyond the national air spaces of each State, or the air space above the areas of the sea beyond territorial waters'.

The legal regime

International air space

The national territory

The Law of the Sea

Air navigation

Açıklama:

International air space can be defined as the air space beyond the national air spaces of each State, or the air space above the areas of the sea beyond territorial waters. Therefore, the air space above high seas, as well as the contiguous zone beyond territorial waters, international straits, exclusive economic zone, and continental shelf are considered to be international air space. The international air space is a res communis area. On the international air space, no State has any sovereign powers or rights. Each State has the freedom of overflight in international air space.
'International air space can be defined as the air space beyond the national air spaces of each State, or the air space above the areas of the sea beyond territorial waters' is the whole sentence. Therefore, the correct choice is B.

Doğru Cevap: B

Soru 5

Which of the following annexes mentions the division of the whole airspace on the planet into flight information services (FIR)?

Annex 5

Annex 9

Annex 11

Annex 17

Annex 21

Açıklama:

Annex 11 refers to air traffic services which have a vital role for ANS. According to it, the whole airspace on the planet is divided into flight information services (FIR).
In these regions, flight information and alerting services are provided. The objectives of the Annex are to prevent collisions between aircraft on board, to maintain air traffic order, to provide information for the safety and the efficiency of flights, and to notify the relevant organizations when an aircraft needs search and rescue aid.
According to Annex 11, the whole airspace on the planet is divided into flight information services (FIR). Therefore, the correct choice is C.

Doğru Cevap: C

Soru 6

Which of the following terms matches the description below?
'A State has the right not to permit the aircraft of another State to operate within its territory.'

The vertical boundary

Air navigation

The horizontal boundary

Non-commercial

Cabotage

Açıklama:

Cabotage is related to the sovereignty regime of airspace and limits air transportation. Within the scope of cabotage, a State has the right not to permit the aircraft of another State to operate within its territory.
Cabotage is associated with the sovereignty regime of airspace and limits air transportation. Therefore, the correct choice is E.

Doğru Cevap: E

Soru 7

Which of the following conventions especially focused on the Suppression of Unlawful Acts Against the Safety of Civil Aviation?

The Hague Convention

The Chicago Convention

The Tokyo Convention

The Montreal Convention

The Beijing Convention

Açıklama:

The Montreal Convention criminalizes more actions against civil aviation in comparison to the former conventions regarding aviation security. Criminalized actions defined in the Convention are acts of violence against a person on board, destruction of an aircraft in service, causing damage to an aircraft which renders it incapable of flight or which is likely to endanger safety in flight, places or causes to be placed on an aircraft a device or substance which is likely to destroy aircraft, destroy or damage air navigation facilities or interferes with their operation, communicates information endangering the safety of an aircraft in flight. Attempt or abetment of the crimes defined above is also punishable under the Convention.
For the sake of aviation security, several international treaties have been enacted under the guidance of the ICAO. These are; the 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft (The Tokyo Convention), the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague Convention), the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (The Montreal Convention), the 2010 Beijing Convention on the Suppression of Unlawful Act Relating to International Civil Aviation (The Beijing Convention). Therefore, the correct choice is D.

Doğru Cevap: D

Soru 8

Which of the following conventions includes new crimes in light of the needs of international society against recent threats for civil aviation and replaced the Montreal Convention and the Air protocol?

The Hague Convention

The Chicago Convention

The Beijing Convention

The Tokyo Convention

The Madrid Convention

Açıklama:

After the 9/11 attacks, ICAO pointed out new threats to civil aviation and reviewed the efficiency of the former Conventions. After this statement, ICAO has also worked on a new convention for several years and conveyed a diplomatic conference in Beijing in 2010. At the Conference, the Beijing Convention regarding aviation security was adopted and came into force in 2018.
The Beijing Convention includes new crimes in light of the needs of international society against recent threats for civil aviation. Therefore, the correct choice is C.

Doğru Cevap: C

Soru 9

Which of the following is one of the principles of the Outer Space Treaty (OST) to prevent the possibility of the beginning of a space war during the Cold War and the space race?

Avoidance of contamination of space and celestial bodies and the earth from outer space.

Prohibition of sovereignty on outer space and celestial bodies.

The international obligation of states for supervising activities of public or private entities.

The utilization of outer space activities shall be carried for the benefit of all humankind.

Prohibition weapons of mass destruction in orbit or on celestial bodies.

Açıklama:

During the Cold War and the space race, the sensitive issue was a possibility of the beginning of a space war. Therefore, the peaceful uses principle is employed as a preventive tool for the use of force in outer space or through outer space. Firstly, the placement of nuclear weapons or any other kinds of mass destruction weapons in orbit around the Earth, and installation or station of such weapons on celestial bodies are prohibited. Furthermore, the obligation to use outer space for peaceful purposes is explicitly stated. For the sake of peaceful uses of outer space, the establishment of military bases, installations, and fortifications, the testing of any type of weapons and the conduct of military maneuvers on celestial bodies are strictly prohibited.
During the Cold War and the space race, the sensitive issue was a possibility of the beginning of a space war. Therefore, the peaceful uses principle is employed as a preventive tool for the use of force in outer space or through outer space. Therefore, the correct choice is E.

Doğru Cevap: E

Soru 10

Which of the following is true about Space Tourism?

The legal status of space tourists are defined.

Companies are trying to provide suborbital or orbital flights for customers.

Applicable law to the activity, whether space law or air law is determined.

Definition of vehicle for space tourism is already set.

The registration of the vehicle designed for orbital and suborbital flights is defined.

Açıklama:

Space Tourism is a growing industry. It has started with the travel of “non-professionals” to the ISS in 2001. So far, seven people were able to visit the ISS. So far twelve companies have been working for developing their technologies to provide suborbital or orbital flights for their customers. All companies are currently testing their capacities, but only one of them achieved its suborbital flight in February 2019.
The technological development for space travel brings some legal questions such as; applicable law to the activity, whether space law or air law, the legal status of space tourists, the definition and the legal status of the vehicle designed for orbital and suborbital flights, the registration of the vehicle designed for orbital and suborbital flights, obligations, liabilities against third party.
Space travel brings some legal questions such as; applicable law to the activity, whether space law or air law, the legal status of space tourists, the definition and the legal status of the vehicle designed for orbital and suborbital flights, the registration of the vehicle designed for orbital and suborbital flights, obligations, liabilities against third party. Therefore, the correct choice is B.

Doğru Cevap: B

Soru 11

Which of the following recognized the sovereignty of States over the air space above their territory?

The Tokyo Convention

The Beijing Convention

The Havana Convention

The Hague Convention

Paris Convention

Açıklama:

Doğru Cevap: E

Soru 12

Which country was not among the parties of The 1928 Havana Convention?

Uruguay

Chile

the USA

Brazil

Argentina

Açıklama:

The 1928 Havana Convention was adopted in the Pan-American Conference organized by the Commercial Aviation Commission of the PanAmerican Union in 1928. The USA and sixteen Latin American States, except for Argentina, Paraguay, and Peru, were the parties of the Convention. The correct answer is E.

Doğru Cevap: E

Soru 13

Where is the permanent seat of The International Civil Aviation Organization (ICAO)?

Berlin, Germany

London, UK

Paris, France

Montreal, Canada

Washington, USA

Açıklama:

It was established by the Chicago Convention in Part II. It is an international organization with an international personality and is one of the specialized agencies of the United Nations. Its permanent seat is in Montreal, Canada, as decided on 6 June 1946. Over the years, Regional offices have been established in different parts of the world. The correct answer is D.

Doğru Cevap: D

Soru 14

Which of the following is not among the principles for space mining presented by Draft Building Blocks for the Development of an International Framework on Space Resource Activities?

Space resource activities shall be in the interest of all humankind irrespective of their degree of economic development.

Space resource activities shall harmfully interfere with other on-going space activities.

Space resources shall be used exclusively for peaceful purposes.

space resource activities shall be carried out for the benefit and in the interest of all countries

International cooperation in space resource activities shall be conducted in accordance with international law.

Açıklama:

In the beginning, Draft Building Blocks for the Development of an International Framework on Space Resource Activities defines concepts like space resource, utilization of space resources, space resource activity, space object, space product, and operator. The principles for space mining activities are presented as follows: Space resources shall be used exclusively for peaceful purposes, space resource activities shall be carried out for the benefit and in the interest of all countries and humankind irrespective of their degree of economic and scientific development, space resource activities shall not harmfully interfere with other on-going space activities, including other space resource activities and international cooperation in space resource activities shall be conducted in accordance with international law. The correct answer is B.

Doğru Cevap: B

Soru 15

Which of the following is true about the space debris?

Space debris are functional man-made space objects.

They are space objects that serve a useful purpose.

Space debris can put human space activities at risk.

The amount of space debris is decreasing steadily.

Space debris is very easy to clean up.

Açıklama:

Space debris is a general term referring to all tangible man-made materials in space other than functional space objects. Debris thus includes spent satellites themselves, ejected instrument covers, upper stages (orbital transfer stages), fragments thereof, and so on. They are objects which originate from what were functional space objects but which no longer serve a useful purpose (Masson-Zwaan, 2017: 33). Space debris is dangerous because it can crash to Earth, puts human space activities and life on Earth at risk. Space debris is very difficult (if not impossible) to clean up and the amount of it is increasing steadily despite the decline in the number of launches per year. The correct answer is C.

Doğru Cevap: C

Soru 16

Which of the following is not covered by The UN Space Treaties and the principles?

Registration of aircrafts

Freedom of space exploration

Liability for breaches caused by space objects

Peaceful uses of outer space

Rescue of astronauts

Açıklama:

The purpose of the legal regime is to ensure that space activities are carried equally for the benefit of mankind, for peaceful purposes and so on. To put it another way, the legal regime of outer space and space activities protects international public order and public interests. This is why, sovereignty over outer space and celestial bodies, peaceful uses of outer space, freedom of exploration and use, international liability for breaches caused by space objects, registration of space objects and rescue and return of astronauts and space object are the topic under this vein. The correct answer is A.

Doğru Cevap: A

Soru 17

In terms of the boundary between air space and outer space, what did Von Karman suggest as the altitude for the line between air space and outer space?

10 km

100 km

1000 km

5000 km

50000 km

Açıklama:

Doğru Cevap: B

Soru 18

In regards to the the delimitation of air and outer space, which of the following is true about the functional approach?

It offers a distinction between air space and outer space activities.

It sets the line between air space and outer space at an altitude of 100 km.

It emphasizes the physical any boundary between air and outer space.

It suggests that a physical line must be set between air space and outer space.

It is more focused on the location of the activity in applying air or space law.

Açıklama:

There are different approaches to the delimitation of air and outer space. These approaches are classified as spatial approach and functional approach. The spatial approach suggests that a physical line must be set between air space and outer space. For instance, Von Karman suggested that the line between air space and outer space must be at an altitude of 100 km. He based this line according to the highest altitude that an aircraft might fly (Kopal, 2006: 17 - 18).
In contrast to the spatial approach, the functional approach does not accept any boundary between air and outer space. Instead, it offers a distinction between air space and outer space activities. For instance, if an activity, regardless of the altitude, is being performed as an outer space activity, the regime of space law should be applied to this activity. As we see, the approach is more focused on the objective and the mission of the activity in applying air or space law (Kopal, 2006: 19). THe correct answer is A.

Doğru Cevap: A

Soru 19

Which of the following does the OST prohibit?

Exploration and use of outer space

Cooperation in outer space activities

The status of astronauts as the envoys of humankind

International liability for damages by the space object

Replacement of nuclear weapons in the orbit

Açıklama:

OST contains principles such as:
• the utilization of outer space activities shall be carried for the benefit of all humankind,
• freedom of both exploration and use of outer space,
• prohibition of sovereignty on outer space and celestial bodies,
• peaceful use of outer space,
• prohibition of replacement of nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies,
• the status of astronauts as the envoys of humankind,
• the international obligation of states for supervising activities of public or private entities,
• international liability of States for damage caused by the space object,
• avoidance of contamination of space and celestial bodies and the earth from outer space.
The correct answer is E.

Doğru Cevap: E

Soru 20

When did the Beijing Convention regarding aviation security come into force?

1998

2000

2008

2018

2020

Açıklama:

Doğru Cevap: D

Soru 21

Which of the following was the first conference organized on aircraft technology?

Montreal Convention

Chicago Convention

Paris Conference

Madrid Convention

Havana Convention

Açıklama:

After the development of aircraft technology, the first conference was organized in Paris in 1910.

Doğru Cevap: C

Soru 22

Which of the following convention is not in force anymore?

Madrid Convention

Havana Convention

Tokyo Convention

Montreal Convention

Chicago Convention

Açıklama:

Both the 1919 Paris Convention and the 1928 Havana Convention are not in force anymore.

Doğru Cevap: B

Soru 23

In which convention was the International Civil Aviation Organization (ICAO) established?

Madrid Convention

Tokyo Convention

Havana Convention

Chicago Convention

Montreal Convention

Açıklama:

The International Civil Aviation Organization (ICAO) was established by the Chicago Convention in Part II.

Doğru Cevap: D

Soru 24

Which of the following is one of the functions of the Assembly of ICAO?

To approve the budget of the Organization.

To define the duties of the committees.

To arbitrate the matters between the members.

To manage the technical program of the ICAO.

To submit annual reports to the Assembly.

Açıklama:

Powers and duties of the Assembly are to elect the member States to be represented on the Council, examine and implement the reports of the Council, decide on any matter referred by the Council, determine its own rules of procedure, establish a subsidiary commission if it is necessary, approve the budget of the Organization, review expenditure and approve the accounts of the Organization and so on.

Doğru Cevap: A

Soru 25

Which of the following specification aims to manage aviation safety risks to improve the safety performance of civil aviation?

ATS

IATA

ICAO

SARPs

UNCLOS

Açıklama:

SARPs: Standards and Recommended Practices are an element of the safety management of civil aviation. It aims to provide assistance to States to manage aviation safety risks in cooperation with their service providers. In this way this attempt supports the strategy to improve the safety performance of civil aviation.

Doğru Cevap: D

Soru 26

Which of the following aircrafts are subject to the Chicago Convention?

Military aircrafts

Customs aircrafts

Police aircrafts

Security aircrafts

Commercial aircrafts

Açıklama:

The Chicago Convention only applies to civil aircraft. Therefore, the Convention makes a clear distinction between civil and State aircraft, and leaves State aircraft out of its scope. The Article 3/b of the Chicago Convention defines State aircraft as “aircraft used in military, customs and police services.

Doğru Cevap: E

Soru 27

Which of the following is a service given by International Air Transport Service (ATS)?

Aeronautical information

Air traffic management

Carriage of cargo

Navigation and surveillance

Search and rescue

Açıklama:

As for air transport, it is more related to the business aspect of aviation. It consists of carriage of passengers, baggage, cargo, and mail.

Doğru Cevap: C

Soru 28

In which of the following Convention was the unlawful transport of biological, chemical and nuclear weapons defined as a crime?

The Tokyo Convention

The Beijing Convention

The Hague Convention

The Havana Convention

The Montreal Convention

Açıklama:

The Beijing Convention includes new crimes in light of the needs of international society against recent threats for civil aviation and unlawful transport of BCN weapons are defined as a crime by the Convention.

Doğru Cevap: B

Soru 29

Which of the following is the first treaty on space activities?

The Moon Agreement

Rescue Agreement

Registration Convention

Liability Convention

Outer Space Treaty

Açıklama:

The first UN Treaty on outer space is the Outer Space Treaty (OST).

Doğru Cevap: E

Soru 30

Which of the two treaties can be used as legal foundations for space mining?

Outer Space Treaty and The Moon Agreement

The Moon Agreement and Rescue Agreement

Outer Space Treaty and Registration Convention

Liability Convention and Rescue Agreement

Registration Convention and Liability Convention

Açıklama:

According to the OST, there is freedom of exploration and use of outer space. Therefore, everyone could perform any activity which is not forbidden. Apart from the OST, the MA is more likely to address space mining because it brings the common heritage of mankind principle, and permits exploitation of natural resources to be found in the future.

Doğru Cevap: A

Soru 31

Which of the following is not one of the legal instruments in the first half of the 20th century?

1919 Paris Convention

The 1926 Madrid Convention

The 1928 Havana Convention

1935 London Convention

1944 Chicago Convention

Açıklama:

There is no 1935 London Convention for aviation. There is 1935-36 London Conference, but it is about navy.

Doğru Cevap: D

Soru 32

Which of the following is not one of the vital rules of the Chicago Convention?

Customs and immigration

Visa requirements of flight personnel

Scheduled and non-scheduled air services

Registry and nationality of aircraft

Sovereignty on air space

Açıklama:

Doğru Cevap: B

Soru 33

What's the name of The International Civil Aviation Organization (ICAO) body that elects the member States to be represented on the Council?

The Assembly

The Council

The Air Navigation Commission

The Secretariat

The Executive Board

Açıklama:

Doğru Cevap: A

Soru 34

Which of the following is under the Council of The International Civil Aviation Organization (ICAO)?
I.Air Transport Committee,
II. Space Craft Committee
II. Committee on Joint Support of Air Navigation Services,
III. The Finance Committee

I and II

II and III

I, II, III

II, III, IV

I, III, IV

Açıklama:

Functions of the Council are submitting annual reports to the Assembly, carrying out the directions of the Assembly, appointing and defining the duties of the Air Transport Committee, Committee on Joint Support of Air Navigation Services, the Finance Committee, the Committee on Unlawful Interference, the Technical Cooperation Committee and the Human Resources Committee.

Doğru Cevap: E

Soru 35

Which body of ICAO has five bureaus and is responsible for the registration of the treaties?

The Assembly

The Council

The Air Navigation Commission

The Secretariat

The Directory Commission

Açıklama:

The Secretariat is headed by the Secretary General. The Secretariat has five bureaus such as the Air Navigation, the Air Transport, the Technical Cooperation, the Legal Affairs and External Relations and the Bureau of Administration and Services. The Secretariat is responsible for the registration of the treaties and takes necessary actions when the ICAO is selected as the depository for an international treaty.

Doğru Cevap: D

Soru 36

Which article is about establishing a national registry system, and the system shall be in accordance with the Convention?

Annex 7

Article 19

Article 17

Article 20

Article 21

Açıklama:

According to Article 19 of the Convention, each State shall establish a national registry system, and the system shall be in accordance with the Convention.

Doğru Cevap: B

Soru 37

Why is Annex 11 the most important one among the others and needs closer attention?

It refers to air traffic services which have a vital role for ANS.

It includes meteorological service for international navigation.

It certifies service providers and supervises service provider’s activities.

It is related to the business aspect of aviation.

It permits non-commercial flights to fly over a territory of a State freely.

Açıklama:

Annex 11 is the most important one among the others and needs closer attention. The Annex refers to air traffic services which have a vital role for ANS. According to it, the whole airspace on the planet is divided into flight information services (FIR). In these regions, flight information and alerting services are provided. The objectives of the Annex are to prevent collisions between aircraft on board, to maintain air traffic order, to provide information for the safety and the efficiency of flights, and to notify the relevant organizations when an aircraft needs search and rescue aid.

Doğru Cevap: A

Soru 38

Which of the Aviation Security conventions criminalize more actions against civil aviation?

1963 Tokyo Convention

1970 Hague Convention

1971 Montreal Convention

2010 Beijing Convention

2015 Lisbon Convention

Açıklama:

Doğru Cevap: C

Soru 39

Which of the following defines basic notions such as damage, launching State and space object.

1967 Outer Space Treaty

1968 Rescue Agreement

1972 Liability Convention

1975 Registration Convention

1979 The Moon Agreement

Açıklama:

The Liability Convention firstly defines basic notions such as damage, launching State and space object. Then, the liability for the damages occurred in outer space and the earth are regulated separately. Furthermore, the Convention provides a dispute settlement mechanism for the compensation of the damage caused by a space object.

Doğru Cevap: C

Soru 40

Which of the following is about compensation of the damage caused by a space object?

Common heritage of mankind principle

The respective legal regimes of air space and outer space

Freedom of scientific investigation

Dispute settlement mechanism

Prohibition of sovereignty

Açıklama:

The Liability Convention establishes a dispute settlement mechanism for the compensation of the damage as well. The dispute settlement mechanism of the Convention has different phases. In the first phase, the claimant State should submit its claim through diplomatic channels. If the parties of the damage can not reach a resolution within one year of the first attempt, then they apply another method as the second phase (Article 8 - 19).

Doğru Cevap: D

Soru 41

What is the Kessler Syndrome about?

Space debris

Space commerce

Space Tourism

Space Mining

Space Pollution

Açıklama:

Kessler Syndrome Proposed by the American scientist Donald Kessler.
According to Kessler’s theory, increase of space debris in the Earth orbit might trigger a chain reaction of collusion and create even more space debris.

Doğru Cevap: A

Soru 42

Which of the below is about The 1926 Madrid Convention?

The Convention was ratified by Argentina, Costa Rica, Dominican Republic, El Salvador, Mexico, and Spain. However, it never came into force.

The Convention established an institution to manage air navigation: International Commission of Air Navigation operated under the direction of the League of Nations.

It was adopted in the Pan-American Conference organized by the Commercial Aviation Commission of the Pan- American Union.

The USA and sixteen Latin American States, except for Argentina, Paraguay, and Peru, were the parties of the Convention.

It created a more liberal system for traffic rights and permitted to set passengers or cargo down to any airport of States Parties.

Açıklama:

The 1926 Madrid Convention was adopted in the Ibero-American Aviation Congress organized by Spain in Madrid. The Convention was ratified by Argentina, Costa Rica, Dominican Republic, El Salvador, Mexico, and Spain. However, it never came into force. It did not bring further legal regime than the Paris Convention anyway since the articles were similar to the articles of the 1919 Paris Convention.

Doğru Cevap: A

Soru 43

Which of the below is NOT one of the objectives of The International Civil Aviation Organization (ICAO)?

to ensure the safe and orderly growth of international civil aviation

to encourage the design and operation of aircraft for peaceful purposes

to prevent economic waste caused by unreasonable competition

to promote the development of civil aeronautics in underdeveloped countries

to avoid discrimination between contracting States

Açıklama:

The objective of the Organization is to:

ensure the safe and orderly growth of international civil aviation,
encourage the design and operation of aircraft for peaceful purposes,
encourage the development of airways, airports, and air navigation facilities,
meet the need for safe, regular, efficient, and economical air transport,
prevent economic waste caused by unreasonable competition,
ensure the rights of States,
ensure fair opportunity for each State to operate an international airline,
avoid discrimination between contracting States,
promote the safety of flight in international air navigation,
promote the development of international civil aeronautics.

Doğru Cevap: D

Soru 44

Which of the below is about the Assembly of The International Civil Aviation Organization (ICAO)?

It is composed of nineteen members.

It appointing the Secretary-General of the ICAO.

It establishes a subsidiary commission if it is necessary.

It administers the finances of ICAO.

It consists of 36-member States.

Açıklama:

The Assembly consist of all member States of ICAO. The assembly meets not less than once in every three years.
Powers and duties of the Assembly are to elect the member States to be represented on the Council, examine and implement the reports of the Council, decide on any matter referred by the Council, determine its own rules of procedure, establish a subsidiary commission if it is necessary, approve the budget of the Organization, review expenditure and approve the accounts of the Organization and so on.

Doğru Cevap: C

Soru 45

Which of the below is NOT true about International Air Space?

It is the air space above the areas of the sea beyond territorial waters.

It is a res communis area.

On the international air space, no State has any sovereign powers or rights.

Each State has the freedom of overflight in international air space.

None of the sea areas have their own passage regimes for ships and aircrafts.

Açıklama:

International air space can be defined as the air space beyond the national air spaces of each State, or the air space above the areas of the sea beyond territorial waters. Therefore, the air space above high seas, as well as the contiguous zone beyond territorial waters, international straits, exclusive economic zone, and continental shelf are considered to be international air space (Milde, 2014: 37 - 42).
The international air space is a res communis area. On the international air space, no State has any sovereign powers or rights. Each State has the freedom of overflight in international air space.
However, some of the sea areas have their own passage regimes for ships and aircrafts. International streats provides one of the exceptions to freedom of overflight for aircraft. In the international air space above international straights, aircrafts are subject to transit passage regime.

Doğru Cevap: E

Soru 46

Which of the below is NOT one of the international treaties that have been enacted under the auspices of the ICAO?

The Beijing Convention

The Madrid Convention

The Montreal Convention

The Hague Convention

The Tokyo Convention

Açıklama:

For the sake of aviation security, several international treaties have been enacted under the auspices of the ICAO such as:

the 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft (The Tokyo Convention),
the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague Convention),
the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (The Montreal Convention),
the 2010 Beijing Convention on the Suppression of Unlawful Act Relating to International Civil Aviation (The Beijing Convention) are some of them (Weber, 2011: 289 - 293).

Doğru Cevap: B

Soru 47

Which of the below is about 1979 The Moon Agreement?

It is the first UN Treaty on outer space.

One of the issues needed to be regulated was liability for the damage caused by a space object.

It defines basic notions such as damage, launching State and space object.

It provides a concrete registration regime for space objects.

It was adopted without a vote by the UN General Assembly in 1979.

Açıklama:

The Moon Agreement (MA) was adopted without a vote by the UN General Assembly in 1979. The Agreement aims to address the Moon and celestial bodies in detail, to prevent the moon and celestial bodies to be an area of international conflict, to ensure equal utilization of the Moon and the other celestial bodies for the benefit of humankind.

Doğru Cevap: E

Soru 48

Which of the below is true about spatial approach of the delimitation of air and outer space?

It suggests that a physical line must be set between air space and outer space.

Von Karman suggested that the line between air space and outer space must be at an altitude of 150 km.

It does not accept any boundary between air and outer space.

It offers a distinction between air space and outer space activities.

It is more focused on the objective and the mission of the activity in applying air or space law.

Açıklama:

Doğru Cevap: A

Soru 49

Which of the below belong/s to the liability for space activities?
I. Damage
II. launching State
III. space object

I, II

I, II, III

I, III

II, III

III

Açıklama:

Liability for space activities has three elements: Damage, launching State and space object.

Doğru Cevap: B

Soru 50

Which of the below is NOT one of the some legal questions that space travel brings?

the legal status of space tourists

the definition and the legal status of the vehicle designed for only orbital flights

liabilities against third party

the registration of the vehicle designed for orbital and suborbital flights

applicable law to the activity, whether space law or air law

Açıklama:

the definition and the legal status of the vehicle designed for orbital and suborbital flights

Doğru Cevap: B

Soru 51

Which of the below is true about space debris?

The earth may solve the future threat of exhaustion of natural resources by help of it.

It is about space mining.

Short-term suborbital flight passengers is one of the legal status of it.

There could be microbial contamination.

Long-term orbital visit participants is one of the legal status of it.

Açıklama:

Harmful contamination could be microbial contamination, radioactive contamination, chemical contamination and so on.

Doğru Cevap: D

Soru 52

Balloon was first used for military purposes by France and the USA in the ....... century.
Which of the following completes the sentence correctly?

17th

18th

19th

20th

21st

Açıklama:

Balloon was first used for military purposes by France and the USA in the 19th century.

Doğru Cevap: C

Soru 53

Which of the following refers to the rules on the legal status of the national and international air space, aircraft and the management of aviation?

Private law

Public law

Commercial law

Aviation law

Air law

Açıklama:

Air Law refers to the rules on the legal status of the national and international air space, aircraft and the management of aviation. Regarding aviation, aviation law creates a special regime to deal with air transportation, carriage, navigation, security, insurance, the liability of the carrier and product liability.

Doğru Cevap: E

Soru 54

Which of the following refers to the legal status of outer space and the celestial bodies, space object and the fundamental principles governing space activities?

Air law

Space law

Aviation law

Private law

Commercial law

Açıklama:

Space law refers to the legal status of outer space and the celestial bodies, space object and the fundamental principles governing space activities. Space law also includes private law aspects for the commercial use of space.

Doğru Cevap: B

Soru 55

Which of the following instrument recognized the sovereignty of States over the air space above their territory for the first time?

1919 Paris Convention

1926 Madrid Convention

1944 Chicago Convention

1928 Havana Convention

Establishing Treaty of the ICAO

Açıklama:

1919 Paris Convention recognized the
sovereignty of States over the air space above their
territory.

Doğru Cevap: A

Soru 56

Which of the following conventions established the Civil Aviation Organization?

1919 Paris Convention

1944 Chicago Convention

1926 Madrid Convention

1928 Havana Convention

Convention Establishing the WIPO

Açıklama:

Chicago Convention established the International Civil Aviation Organization.

Doğru Cevap: B

Soru 57

International Aviation Organization is established by the Chicago Convention in Part II. It is an international organization with an international personality and is one of the specialized agencies of the ............. Which of the following completes the sentence correctly?

WIPO

ILO

UNDP

Açıklama:

ICAO is one of the specialized agencies of the United Nations.

Doğru Cevap: A

Soru 58

Which of the given bodies of the ICAO can elect the member States to be represented on the Council?

The Assembly

The Secreteriat

The Air Navigation Commission

The Council

None of the above

Açıklama:

Doğru Cevap: A

Soru 59

Which of the following can be described as the air space beyond the national air spaces of each State, or the air space above the areas of the sea beyond territorial waters?

National air space

International air space

Air space

Sole space

Aircraft

Açıklama:

International air space can be defined as the air space beyond the national air spaces of each State, or the air space above the areas of the sea beyond territorial waters.

Doğru Cevap: B

Soru 60

Which of the following is described as "Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the
air against the earth’s surface.”?

Plane

Baloon

Jet

Aircraft

Air space

Açıklama:

Doğru Cevap: D

Soru 61

Which of the following is a trade association for airlines in the world?

WIPO

ILO

IATA

TRIPS

Açıklama:

The International Air Transport Association is a trade association for airlines in the world. Only airline companies can be a member of the Association.

Doğru Cevap: C

Soru 62

In which convention was the International Civil Aviation Organization established?

Paris Convention

Chicago Convention

Madrid Convention

Montreal Convention

Havana Conventiona

Açıklama:

The vital rules of the Chicago Convention are sovereignty on air space, territory, the legal status of civil and State aircraft, scheduled and non-scheduled air services, cabotage, prohibited areas, registry and nationality of aircraft, customs and immigration, requirements to be fulfilled concerning aircraft and so on. Furthermore, the Convention established the International Civil Aviation Organization.
The correct choice is B, "Chicago Convention".

Doğru Cevap: B

Soru 63

The Chicago Convention was held in the year ______.

1919

1926

1928

1944

1946

Açıklama:

The correct choice is D, "1944".

Doğru Cevap: D

Soru 64

Which of the following is responsible for the registration of treaties in the International Civil Aviation Organization?

The Council

The Air Navigation Commission

The Assembly

The Air Transport Committee

The Secretariat

Açıklama:

The Secretariat is responsible for the registration of the treaties and takes necessary actions when the ICAO is selected as the depository for an international treaty.
The correct choice is E, "The Secretariat".

Doğru Cevap: E

Soru 65

Which of the following conventions did ICAO organize after the 9/11 attacks?

Beijing Convention

Hague Convention

Montreal Convention

Paris Convention

Tokyo Convention

Açıklama:

Doğru Cevap: A

Soru 66

When did the first UN treaty on outer space, The Outer Space Treaty, enter into force?

In 1959

In 1967

In 1968

In 1972

In 1975

Açıklama:

1967 Outer Space Treaty
The first UN Treaty on outer space is the Outer Space Treaty (OST). It is based on the “Declaration of Principles Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space” of the UN General Assembly. OST was adopted with unanimity at UN General Assembly in 1966, entered into force in 1967.
The correct choice is B, "in 1967".

Doğru Cevap: B

Soru 67

Which of he following provides a dispute settlement mechanism for the compensation of the damage caused by a space object?

Liability Convention

Moon Agreement

Outer Space Treaty

Registration Convention

Rescue Agreement

Açıklama:

Doğru Cevap: A

Soru 68

Which UN treaty defined notions such as launching state and space object?

Moon Agreement

Registration Convention

Outer Space Treaty

Rescue Agreement

Liability Convention

Açıklama:

In the Registration Convention, notions such as launching State, space object and State of registry are defined.
The correct choice is B, "Registration Convention".

Doğru Cevap: B

Soru 69

The Moon Agreement was adopted by the Un in the year ______.

1965

1968

1972

1975

1979

Açıklama:

The Moon Agreement (MA) was adopted without a vote by the UN General Assembly in 1979.
The correct choice is E, "1979".

Doğru Cevap: E

Soru 70

Which of the following ICAO conventions focused on basic rules for public order on board in case of a civil aircraft operating internationally?

Paris Convention

Montreal Convenntion

Hague Convention

Tokyo Convention

Beijing Convention

Açıklama:

The Tokyo Convention includes some basic rules for public order on board in the case of a civil aircraft operating internationally.
The correct choice is D, "Tokyo Convention".

Doğru Cevap: D

Soru 71

Which of the following treaties mainly provides basic principles of the legal regime of space and space activities and lays the legal basis for other treaties about the issue?

Liability Convention

Outer Space Treaty

Moon Agreement

Registration Convention

Rescue Convention

Açıklama:

The first UN Treaty on outer space is the Outer Space Treaty (OST). It is based on the “Declaration of Principles Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space” of the UN General Assembly. OST was adopted with unanimity at UN General Assembly in 1966, entered into force in 1967. The Treaty mainly provides basic principles of the legal regime of space and space activities and lays the legal basis for other space treaties.
The Correct choice is B, "Outer Space Treaty".

Doğru Cevap: B

Soru 72

I. Aviation Law refers to the rules on the legal status of the national and international air space,
aircraft and the management of aviation.
II. Air law creates a special regime to deal with air transportation, carriage, navigation, security, insurance, the liability of the carrier, and product liability.
III. Aviation law mostly consists of private international law.
Which of the premise(s) about air law and aviation law is/are correct?

Only I

Only III

I and II

I and III

I, II and III

Açıklama:

Air Law refers to the rules on the legal status of the national and international air space, aircraft, and the management of aviation. Regarding aviation, aviation law creates a special regime to deal
with air transportation, carriage, navigation, security, insurance, the liability of the carrier, and product liability. As seen, aviation law mostly consists of private international law. Air and aviation law also have domestic law aspect, since States have to establish their regulations to meet international obligations regarding aviation activities.

Doğru Cevap: E

Soru 73

I. The legal status of outer space,
II. The legal status of the celestial bodies,
III. The legal status of the space objects,
IV. The legal status of the fundamental principles governing space activities.
Which of the elements above are referred (dealt with) the Space Law?

I and II

I and III

I and IV

I, II and IV

I, II, III and IV

Açıklama:

Space Law refers to the legal status of outer space and the celestial bodies, space objects, and the fundamental principles governing space activities.

Doğru Cevap: E

Soru 74

I. Space law includes private law aspects for the commercial use of space.
II. States cannot create their space regulations since space activities shall be carried out under the management of States.
III. States have international responsibility for the space activities of public or private entities.
Which of the premise(s) about the Space Law above is/are correct?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Space law also includes private law aspects for the commercial use of space. States might create their space regulations since space activities shall be carried out under the management
of States. States have international responsibility for the space activities of public or private entities.

Doğru Cevap: D

Soru 75

I. The 1919 Paris Convention,
II. The 1926 Madrid Convention
III. The 1928 İstanbul Convention.
Which of the convention(s) above is/are among the legal instruments on Air and Space Law before the year 1944?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

The 1919 Paris Convention, the 1926 Madrid Convention and the 1928 Havana Convention are the legal instruments adopted before the year 1944.

Doğru Cevap: B

Soru 76

I. Recognized the sovereignty of States over the air space above their territory.
II. Prohibited zones, registration and nationality of aircraft, certificates of airworthiness and competency, the regime for international airways, cabotage and legal regime of State aircraft were addressed in it.
III. Established an institution to manage air navigation: International Commission of Air Navigation operated under the direction of the United States of America.
Which of the premise(s) about the 1919 Paris Convention is/are correct?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

1919 Paris Convention recognized the sovereignty of States over the air space above their territory. The other important provision was on the right of innocent passage in time of peace for all States. Furthermore, prohibited zones, registration and nationality of aircraft, certificates of airworthiness and competency, the regime for international airways, cabotage and legal regime of State aircraft were the matters addressed in the Convention. The Convention established an institution to manage air navigation: International Commission of Air Navigation operated under the direction of the League of Nations.

Doğru Cevap: B

Soru 77

I. Argentina,
II. Paraguay,
III. Peru.
Which of the Latin American country(s) was/were not the party of the 1928 Havana Convention which was adopted in the Pan-American Conference organized by the Commercial Aviation Commission of the Pan-American Union in 1928?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

The 1928 Havana Convention was adopted in the Pan-American Conference organized by the Commercial Aviation Commission of the Pan-American Union in 1928. The USA and sixteen
Latin American States, except for Argentina, Paraguay, and Peru, were the parties of the Convention.

Doğru Cevap: E

Soru 78

When the Chicago Convention on International Civil Aviation was adopted?

1940

1941

1942

1943

1944

Açıklama:

Chicago Convention on International Civil Aviation was adopted in 1944.

Doğru Cevap: E

Soru 79

Which of the followings below is not among the objectives of The International Civil Aviation
Organization (ICAO)?

Ensuring the safe and orderly growth of international civil aviation

Encouraging the design and operation of aircraft for peaceful purposes.

Encouraging the development of airways, airports, and air navigation facilities.

Dividing the space up into plots and apportion it out between the states.

Meeting the need for safe, regular, efficient, and economical air transport.

Açıklama:

The International Civil Aviation Organization (ICAO) was established by the Chicago Convention
in Part II. It is an international organization with an international personality and is one of the
specialized agencies of the United Nations. Its permanent seat is in Montreal, Canada, as decided
on 6 June 1946. Over the years, Regional offices have been established in different parts of the
world. The objective of the Organization is to:
• ensure the safe and orderly growth of international civil aviation,
• encourage the design and operation of aircraft for peaceful purposes,
• encourage the development of airways, airports, and air navigation facilities,
• meet the need for safe, regular, efficient, and economical air transport,
• prevent economic waste caused by unreasonable competition,
• ensure the rights of States
• ensure fair opportunity for each State to operate an international airline,
• avoid discrimination between contracting States,
• promote the safety of flight in international air navigation,
• promote the development of international civil aeronautics.

Doğru Cevap: D

Soru 80

I. Air space above contiguous zone beyond territorial waters,
II. Air space above international straits,
III. Air space above exclusive economic zone,
IV. Air space above continental shelf.
Which of the air spaces above are considered to be international air space?

I and II

II and III

I, II and III

II, III and IV

I, II, III and IV

Açıklama:

Doğru Cevap: E

Soru 81

I. According to the Annex 7 to the Chicago Convention, an aircraft is defined as “Any machine
that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.”
II. The Article 3/b of the Chicago Convention defines State aircraft as “aircraft used in military, customs and police services".
III. The Chicago Convention makes a clear distinction between civil and State aircraft, and leaves State aircraft out of its scope.
Which of the premise(s) about the concept of aircraft in Chicago Convention is/are correct?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

According to the Annex 7 to the Chicago Convention, an aircraft is defined as “Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.” The Chicago Convention only applies to civil aircraft. Therefore, the Convention makes a clear distinction between civil and State aircraft, and leaves State aircraft out of its scope. The Article 3/b of the Chicago Convention defines State aircraft as “aircraft used in
military, customs and police services.

Doğru Cevap: E

Ünite 6

Soru 1

What is called “the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life”?

Environment

Ecology

Sustainable development

Proliferation

Sustainability

Açıklama:

Doğru Cevap: B

Soru 2

What is "the result of a synthesis between a conservationist environmentalism and pro-growth development discourse"?

Sustainable development

Common Areas

Intergenerational Equity

Participation

Customary international law

Açıklama:

Sustainable development

Doğru Cevap: A

Soru 3

Which of the below was held in Rio in 1992?

UNEP

IMF

UNESCO

UNCED

WCED

Açıklama:

UNCED

Doğru Cevap: D

Soru 4

Which of the below is about the second phase of international environmental law?

The UN Conference on the Human Environment, held in Stockholm in June 1972 marks the beginning of it.

Classification of the periods starts with the bilateral fishing treaties of the 19th century.

The treaties were limited in scope.

This phase witnessed the proliferation of treaties on the protection of wildlife from overexploitation.

It starts with the establishment of the UN.

Açıklama:

It starts with the establishment of the UN.

Doğru Cevap: E

Soru 5

Which of the below is NOT true about the modern era of international environmental law?

The Stockholm Conference on the Human Environment is one of the first attempts to address global
nature of environmental problems.

In this period, the United Nations Environment Programme (UNEP) was established.

The Stockholm Conference influenced legal and institutional developments at the national level.

This period lasts roughly twenty years.

It was held in Stockholm in June 1972.

Açıklama:

The Stockholm Conference influenced legal and institutional developments both at the national and
international levels.

Doğru Cevap: C

Soru 6

Which of the below is NOT one of the things that will be applied in aacordance with Article 38 of the Statute of the International Court of Justice?

A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when it has expressed its consent to be bound by the treaty.

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.

Açıklama:

Article 38 of the Statute of the International
Court of Justice
The Court, whose function is to decide in
accordance with international law such disputes
as are submitted to it, shall apply:
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: A

Soru 7

Which of the below is described as “an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments
and whatever its particular designation.”?

Agreement

Treaty

Convention

Framework

Regime

Açıklama:

Treaty

Doğru Cevap: B

Soru 8

What refers to refers to international obligations arising from established international practices, as opposed to obligations arising from formal written conventions and treaties?

No-harm principle

Precautionary principle (approach)

Customary rules

Soft law

Declarations

Açıklama:

Customary rules

Doğru Cevap: C

Soru 9

What refers to “non-binding instruments or documents which have the appearance of law?

Framework

Agreement

Customary rules

Soft law

Participation

Açıklama:

Soft law

Doğru Cevap: D

Soru 10

What emerged at the end of the 1960s to challenge older concepts of res nullius and res communis as a legal approach to regulating the use of common resources?

Coomon Areas

Common Concern of Mankind

Common Heritage of Mankind

Sustainable Development

Intergenerational Equity

Açıklama:

Common Heritage of Mankind

Doğru Cevap: C

Soru 11

"Environmental problems have been peripheral issues for governments until the ______." Fill in the gap with correct option.

1950s

1970s

1930s

1980s

2000s

Açıklama:

Environmental problems have been peripheral
issues for governments until the 1970s. Rise of
environmental movements and realization of
global environmental threats that could have an
effect on the welfare of all humankind, like the
depletion of the ozone layer and global climate
change, gave a higher status for environmental
problems. Therefore, the correct answer is given in option B.

Doğru Cevap: B

Soru 12

Global environmental politics are not related to which of the following options?

International economic relations and world trade

International production and consumption patterns

Peace-making process

North-South relations

International conflicts

Açıklama:

Environmental problems and resource
depletion, indeed, are the major problems of
contemporary societies and the international
community. It is not only a matter for the current
generations, but also for future generations. It
is also a matter of whole sectors of the economy
and poses a major challenge to humanity. Global
environmental problems are not merely technical
or scientific issues. Although they are important
problems on their own right, global environmental
politics is related to the international economic
relations and world trade, international production
and consumption patterns, North-South
relations, international conflicts and countries’
internal social and political stability. According to these, the correct answer is C.

Doğru Cevap: C

Soru 13

International environmental politics is also a competition between the states. Which of the following options is the best way to say this competition correctly?

who is going to get the most over others

who is going to give the most over others

who is going to sell the most over others

who is going to donate the most over others

who is going to fight the most over others

Açıklama:

International environmental
politics is also a competition over “who is going to
get the most over others” and those new challenges
and controversies concerning burden sharing will
necessitate further development and refinement of
environmental regimes and institutions. Namely the correct answer is given in option A.

Doğru Cevap: A

Soru 14

Which of the following options means "the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life"?

Biology

Environment

International Environmental Law

Ecology

Institutionalization

Açıklama:

Ecology is “the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life” (Dobson, 1991: 1). According to this definition the correct answer is D.

Doğru Cevap: D

Soru 15

Metaphors like “spaceship earth” and “lifeboat earth” highlight the which feature of the planet earth?

sturdiness

populousness

fragility

littleness

superiority

Açıklama:

Metaphors like “spaceship earth”
and “lifeboat earth” highlighted the fragility of the
planet earth and finite, limited and irreplaceable
character of the natural resources on the earth. So, the correct answer is given in option C.

Doğru Cevap: C

Soru 16

Which of the following options underlined the necessity of international action in solving global environmental problems in 1972?

Our Common Future

Stockholm Conference

United Nations Conference on Environment and Development (UNCED)

United Nations Conference on the Conservation and Utilization of Resources

United Nations Environment Programme

Açıklama:

In 1972, Stockholm Conference
on Human Environment brought
representatives of developed and
developing countries together
and underlined the necessity of
international action in solving
global environmental problems. The
Stockholm Declaration introduced
a number of new principles and
initiated major developments for
environmental policy, among which
institutionalization of environmental policies, i.e., establishment of environment ministries deserves
special attention. According to these, the correct answer is given in option B.

Doğru Cevap: B

Soru 17

The Brundtland Report’s understanding of sustainable development and sustainability focused on two key concepts. In which of the following options, these two key concepts is given together?

expenses and costs

costs and needs

costs and revenues

costs and limitations

needs and limitations

Açıklama:

Doğru Cevap: E

Soru 18

In which of the following option, Agenda 21 was signed by the participant countries?

United Nations Conference on Environment and Development (UNCED) in 1992

The World Commission on Environment and Development (WCED) in 1983

UN General Assembly in 1983

Stockholm Conference on Human Environment in 1972

United Nations Environment Programme (UNEP)

Açıklama:

in 1992, the United Nations Conference
on Environment and Development (UNCED)
was held in Rio. In UNCED participant countries
signed the Rio Declaration on Environment
and Development and Agenda 21: Programme
of Action for Sustainable Development, which
sought to operationalize the commitment to
sustainable development. Following the UNCED
in Rio, where more than 178 governments adopted
the Agenda 21, (the Rio Declaration and related
documents) sustainable development became a
widely agreed policy principle and strategy guiding
the national environmental policies of these
signatory countries. Therefore, the correct answer is given in option A.

Doğru Cevap: A

Soru 19

1893 Pacific Fur Seal Arbitration involved a dispute between which two countries?

United States and France

France and the United Kingdom

Austria and the United Kingdom

United States and the United Kingdom

United States and Russia

Açıklama:

The first case brought to international arbitration
was the 1893 Pacific Fur Seal Arbitration, which
involved a dispute between the United States and
the United Kingdom in relation to the protection
of fur seals in the Bering Sea from alleged
overexploitation of United Kingdom in areas
beyond national jurisdiction. Namely, the correct answer is D.

Doğru Cevap: D

Soru 20

“A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when:
(a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or
(b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed.”
Which of the following legal regulations includes this article?

Statute of the International Court of Justice

UN Conference on the Human Environment

UN Conference on Environment and Development (UNCED)

Our Common Future

Vienna Convention on the Law of Treaties

Açıklama:

Article 18 of the 1969 Vienna Convention
on the Law of Treaties:
“A State is obliged to refrain from acts which
would defeat the object and purpose of a treaty
when:
(a) it has signed the treaty or has exchanged
instruments constituting the treaty
subject to ratification, acceptance or
approval, until it shall have made its
intention clear not to become a party to
the treaty; or
(b) it has expressed its consent to be bound
by the treaty, pending the entry into
force of the treaty and provided that such
entry into force is not unduly delayed.”
According to this article, the correct answer is given in option E.

Doğru Cevap: E

Soru 21

Which of the following cannot be counted among the reasons for the increased interest in environmental problems?

Rise of environmental movements

Realization of global environmental threats

Depletion of the ozone layer

Acceleration of globalization

Global climate change

Açıklama:

Rise of environmental movements and realization of global environmental threats that could have an effect on the welfare of all humankind, like the depletion of the ozone layer and global climate change, gave a higher status for environmental problems

Doğru Cevap: D

Soru 22

"... is the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and
modes of life." Which of the following should come to the blank?

Environment

Ecology

Climate crisis

Resource depletion

Fragility

Açıklama:

Ecology, is “the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life”.

Doğru Cevap: B

Soru 23

Which of the following cannot be said about sustainable development?

It increases economic dependency

It is the result of a synthesis between a conservationist environmentalism and pro-growth development discourse

It meets the needs of the present

It is about the harvesting and managing renewable resources

It implies a concern for both inter-generational and intra-generational equity in resource use

Açıklama:

Sustainable development aims to reduce economic dependency in the long run.

Doğru Cevap: A

Soru 24

Which of the following states signed the contract on access to fishery resources in 1351?

England and Spain

England and Castile

Norway and Denmark

England and Sweden

Sweden and Germany

Açıklama:

Treaties dealing with access to fishery resources dates back to 1351 with the conclusion of a fishery treaty between England and Castile.

Doğru Cevap: B

Soru 25

What is the subject of the arbitral proceedings named Trail Smelter Arbitration?

Forest fires

Loss of biodiversity

Air pollution

Depletion of the ozone layer

Global climate change

Açıklama:

This dispute between the United States and Canada emerged out of air pollution
stemming from a smelter in Canada with negative consequences on the US state of Washington.

Doğru Cevap: C

Soru 26

Which of the following is the first arbitral proceedings in international environmental law?

Pacific Fur Seal Arbitration

Trail Smelter Arbitration

Conference on Environment and Development

Air Pollution Arbitration

Environmental Pollution Arbitration

Açıklama:

The first case brought to international arbitration was the 1893 Pacific Fur Seal Arbitration, which involved a dispute between the United States and the United Kingdom in relation to the protection of fur seals in the Bering Sea from alleged overexploitation of United Kingdom in areas beyond national jurisdiction.

Doğru Cevap: A

Soru 27

The second stage of international law starts with which of the following?

The establishment of the UN

With the start of arbitral proceedings

With the start of environmental activism

With the start of the Second World War

With the end of the First World War

Açıklama:

Second phase of international environmental law starts with the establishment of the UN.

Doğru Cevap: A

Soru 28

The third stage of international law starts with which of the following?

The UN Conference on the Human Environment held in Stockholm

With the end of the Second World War

With increasing awareness about the environment

With the start of arbitral proceedings

With the establishment of the UN

Açıklama:

The UN Conference on the Human Environment, held in Stockholm in June 1972 marks the beginning of the third phase of international environmental law

Doğru Cevap: A

Soru 29

Which of the following principles is associated to prevention principle and deals with the regulation of crossboundary effects of activities?

No Harm Principle

Prevention principle

Precautionary Principle

Prior Informed Consent

Polluters Pay Principle

Açıklama:

No Harm Principle is associated to prevention principle and deals with the regulation of crossboundary effects of activities undertaken within the jurisdiction of a state.

Doğru Cevap: A

Soru 30

Which of the following is not a soft law instrument in international environmental law?

Declaration

Guideline

Plan of action

Code of conduct

Protocol

Açıklama:

A protocol signifies an instrument that creates legally binding obligations at international law.

Doğru Cevap: E

Soru 31

When was Stockholm Conference on Human Environment held?

1968

1970

1972

1974

1975

Açıklama:

1972

Doğru Cevap: C

Soru 32

What is “development which ensures that it meets the needs of the present without compromising the ability of future generations to meet their own needs” called?

Precautionary Principle

No Harm Principle

Prevention Principle

Ecology

Sustainable development

Açıklama:

Sustainable development is “development which ensures that it meets the needs of the present without compromising the ability of future generations to meet their own needs”.

Doğru Cevap: E

Soru 33

Which of the below is NOT true about United Nations Conference on Environment and Development (UNCED)?

It was held in 1992.

It was held in New York.

More than 178 governments adopted the Agenda 21.

Discussions of environmental matters revolved around the theme of sustainable development.

Environmental regimes and treaties were proliferated and a number of customary rules, principles and soft law provisions were developed.

Açıklama:

It was held in Rio.

Doğru Cevap: B

Soru 34

Which of the below is NOT one of the phases of the development of international environmental law?

Our Common Future

Traditional Era

UN System and Development of New Environmental Treaties

The Modern Era

The post-Rio Developments

Açıklama:

Our Common Future

Doğru Cevap: A

Soru 35

Which of the below is about UN System and Development of New Environmental Treaties?

In this period, the United Nations Conference on the Conservation and Utilization of Resources (UNCCUR) laid the foundation of future international environmental action.

In this period, increased attention has been paid to compliance with international environmental obligations, with the result that there has been a marked increase in international jurisprudence.

The UN Conference on the Human Environment, held in Stockholm in June 1972 marks the beginning of it.

This phase witnessed the proliferation of treaties on the protection of wildlife from overexploitation.

There are two major international arbitration examples that characterize this period.

Açıklama:

In this period, the United Nations Conference on the Conservation and Utilization of Resources (UNCCUR) laid the foundation of future international environmental action.

Doğru Cevap: A

Soru 36

Which of the below is true about The Modern Era?

Over this period, a range of international organizations with competence in environmental matters were created.

Trail Smelter Arbitration is a development of this phase.

It brought to international arbitration was the 1893 Pacific Fur Seal Arbitration.

The UN Conference on the Human Environment, held in Stockholm in June 1972 marks the beginning of this phase.

It is the last phase the international environmental law.

Açıklama:

The UN Conference on the Human Environment, held in Stockholm in June 1972 marks the beginning of the third phase.

Doğru Cevap: D

Soru 37

What refers to international obligations arising from established international practices, as opposed to obligations arising from formal written conventions and treaties?

Agreement

Treaty

Customary international law

Framework convention

Regime

Açıklama:

Customary international law

Doğru Cevap: C

Soru 38

What refers to “non-binding instruments or documents which have the appearance of law?

No-harm principle

Prevention principle

Customary rule

Soft law

Declaration

Açıklama:

Soft law

Doğru Cevap: D

Soru 39

What is associated to prevention principle and deals with the regulation of cross- boundary effects of activities undertaken within the jurisdiction of a state?

Precautionary Principle

Prior Informed Consent

Environmental Impact Assessment

Prevention Principle

No Harm Principle

Açıklama:

No Harm Principle

Doğru Cevap: E

Soru 40

Which of the below is a controversial principle in international environmental law since it represents an attempt to reverse burden of proof in unknown, potentially risky and unclear endeavors?

No Harm Principle

Precautionary Principle

Environmental Impact Assessment

Polluters Pay Principle

Prevention Principle

Açıklama:

Precautionary Principle

Doğru Cevap: B

Soru 41

What is the term used for “the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life”?

Ecology

Climate

Environment

Biology

Resource

Açıklama:

Ecology, on the other hand, is “the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life” (Dobson, 1991: 1). Ecology deals with the relationship of living organisms to their surroundings and environmental problems stemming from the destruction of ecological balance are not novel problems. Environmental problems are as old as human civilization and we could trace ecological disasters in history even without the involvement of humans. Yet again involvement of humans and human societies’ impact on the ecological balance, environmental quality and natural resources are immense. The human activities in the past 300 years have a significant impact on almost all sorts of environmental problems.

Doğru Cevap: A

Soru 42

When did concerns about pollution start to intensify?

Late 1800s

After the 1st World War

After the 2nd World War

Since 1960s

Since French Revolution

Açıklama:

Despite the increasing impact of human societies on environmental quality and ecological balance, environmental problems were not at the forefront of societies’, governments and international organizations’ agenda until the second half of the twentieth century. From the 1960s onwards, concerns about pollution intensified and humannature relations were reconstructed into a concept of the environment as being both the complex interrelated reality surrounding us and including us, as an interacting whole and it was threatened by human activities and their organization. A new society-nature relationship was constructed, and it was popularized by means of metaphors and models that illustrated the interdependence and vulnerability of humankind and mother earth and was promoted vigorously in the public debate in all Western European countries (Jansen et.al, 1998: 280; Baker et.al, 1997: 2).

Doğru Cevap: D

Soru 43

Which decade was dubbed as `the lost decade` for many in Africa and South America?

the 1960s

the 1970s

the 1980s

the 1990s

the 2000s

Açıklama:

The failure of developmental projects in the less-developed countries and especially the negative impact of development problems on environmental resources forced developed countries to include these issues on the agenda of the international organizations. Indeed, efforts in the field of third world development had to cope with major setbacks. The increasing burdens of international debt, reaching crisis proportions in the early 1980s undermined the hopes and efforts of many developing countries for secure development. For many in Africa and South America, the 1980s were dubbed as ‘the lost decade’. There was also increasing criticism of the environmental impact of many of the grand internationally-funded development projects and growing awareness that the pursuit of commodity export-led growth in developing countries was undermining the environmental and resource base on which they depended (Grubb et al, 1993: 6).

Doğru Cevap: C

Soru 44

What is the term for “development which ensures that it meets the needs of the present without compromising the ability of future generations to meet their own needs”?

Futuristic development

Sustainable development

Constant development

Foreseeability

Environmentalistic approach

Açıklama:

Sustainable development is “development which ensures that it meets the needs of the present without compromising the ability of future generations to meet their own needs”.
Sustainable development is the result of a synthesis between a conservationist environmentalism and pro-growth development discourse. The synthesis came out of a realization and a subsequent fear that, if the non-industrialized world were to develop the way the Western world have had, the environmental stress caused by industrialization would be catastrophic. Hence, there was a need to think about alternative development strategies to ensure that Third World industrialization would not cause deterioration of the environment and further deplete resources. At the same time, as pointed out by Third World leaders, foreign debt, widespread hunger, poverty and endemic disease made it apparent that continued growth was necessary (Bäckstrand et. al, 1996: 212).

Doğru Cevap: B

Soru 45

The Brundtland Report understanding of sustainable development and sustainability focused on two key concepts; one of which was "needs". What was the other one?

Necessities

Possibilities

Technology

Priorities

Limitations

Açıklama:

The Brundtland Report’s understanding of sustainable development and sustainability focused on two key concepts, which are ‘needs’, particularly the needs of the world’s poor, and ‘limitations’ on the environment’s ability to meet present and future needs. The first and overriding priority is the achievement of basic needs for all humankind - in effect the uplift of the living conditions of the Fourth World, those living in absolute poverty in the Third World (Baker et.al, 1997: 3; Kirkby et.al, 1995: 7). In the Brundtland Report, ‘limits’ to development are seen as technical, cultural and social. Here, there is an implicit rejection of the Club of Rome’s notion that limits to growth are environmental (Kirkby et.al, 1995: 7).

Doğru Cevap: E

Soru 46

“No State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence”.
The verdict above was given as a result of which of the following?

The Chernobyl disaster

The need for protection of migratory birds

The use of chemical weapons in war

Air pollution stemming from a smelter in Canada

Alleged overexploitation of fur seals by United Kingdom

Açıklama:

A major development during this first phase of the development of international environmental law was the Trail Smelter Arbitration. This dispute between the United States and Canada emerged out of air pollution stemming from a smelter in Canada with negative consequences on the US state of Washington. Trail Smelter Arbitration reached following verdict; “no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence” (Sands, 2003: 30). The Trail Smelter Arbitration was one of the pivotal cases in the emergence of the duty to prevent transboundary environmental harm, which was later largely accepted as a principle of customary international law (Leary and Pisupati 2010: 4).

Doğru Cevap: D

Soru 47

Which of the following did NOT happen in the second phase of international environmental law, which started with the establishment of the UN?

Legal instruments were adopted at a regional level

Legal instruments were adopted at a global level

The Stockholm Conference influenced legal and institutional developments

UNCCUR laid the foundation of future international environmental action

International organizations with competence in environmental matters
were created

Açıklama:

Second phase of international environmental law starts with the establishment of the UN. In this period, the United Nations Conference on the Conservation and Utilization of Resources. (UNCCUR) laid the foundation of future international environmental action.
Over this period, a range of international organizations with competence in environmental matters were created, and legal instruments were adopted at both the regional and global level, which addressed particular sources of pollution and the conservation of general and particular environmental resources, such as oil pollution, nuclear testing, wetlands, the marine environment and its living resources, the quality of freshwaters, and the dumping of waste at sea.

Doğru Cevap: C

Soru 48

Which one is “an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.”?

Agreement

Treaty

Protocol

Convention

Arbitration

Açıklama:

Article 2(1) (a) of the 1969 Vienna Convention defines a treaty as “an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.” The term “treaty” encompasses, among others, the terms convention, agreement, pact, protocol, charter, statute, covenant, engagement, accord, exchange of notes, modus vivendi, and Memorandum of Understanding. As long as an instrument falls under the above definition, it would be considered a treaty and, therefore, binding under international law (Robinson and Kurukulasuriya, 2006:2).

Doğru Cevap: B

Soru 49

What is the term used to describe “non-binding instruments or documents which have the appearance of law. While not legally binding, it can be politically influential in setting down objectives and aspirations”?

Concepts

Declarations

Principles

Soft law

Customary international law

Açıklama:

Soft law refers to “non-binding instruments or documents which have the appearance of law...While not legally binding, soft law can be politically influential in setting down objectives and aspirations”. Soft law arrangements are available in international environmental law. International soft law refers to those norms of international environmental law, which are not binding, but play an important interpretive role in the construction and interpretation of principles and rules of formal international environmental law. Although the concept of soft law as a legal rule is not strictly binding, it has some legal significance. Thus, certain forms of soft law, like guidelines, codes of conduct, programs of action and declarations are not binding but, nevertheless, may gain some effect and over time merge into hard law. (Porter et al, 2019).

Doğru Cevap: D

Soru 50

As stated in the Biosafety Protocol. Principle 15 of the Rio
Declaration; "...Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation".
What is described above?

Precautionary Principle

No Harm Principle

Prevention Principle

Prior Informed Consent

Environmental Impact Assessment

Açıklama:

Precautionary Principle is a controversial principle in international environmental law since it represents an attempt to reverse burden of proof in unknown, potentially risky and unclear endeavors. The historical roots of the precautionary principle traced back to German environmental discourse of the early 1970s. Dying trees signaled severe environmental stress on German forests. At that time, however, no proof was available that acid rain caused this unfortunate state of affairs. The government nevertheless acted firmly and imposed several restrictive measures on fossil power plants out of precaution. This was the birth of the so-called Vorsorgeprinzip - or precautionary principle - one the key constituents of prospective environmental politics in Germany. It was later developed in North Sea Conferences of the 1980s and then became a part of the sustainability discourses (Van der Roest et al, 2003: 6).
According to Atapattu “It was used for the first time in the legal regime governing ozone depletion and was included in the Rio Declaration as an approach. Moreover, it was included as a principle in the UNFCCC, and it has since been included in the Biosafety Protocol. Principle 15 of the Rio Declaration embodies the precautionary approach: “to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation” (Atapattu, 2017: 258).

Doğru Cevap: A

Soru 51

"........... is the complex of physical, chemical, and biotic factors (such as climate, soil, and living things) that act upon an organism or an ecological community and ultimately determine its form and survival."
Which of the following completes the sentence correctly?

Environment

Ecology

Zoology

Biology

Eco-system

Açıklama:

Environment is described as “the complex of physical, chemical, and biotic factors (such as climate, soil, and living things) that act upon an organism or an ecological community and ultimately determine its form and survival” in the dictionary.

Doğru Cevap: A

Soru 52

Which of the following can be described as "the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life"?

Environment

Ecology

Zoology

Sustainability

Nature

Açıklama:

Ecology is “the science of the economy of animals and plants; that branch of
biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life” (Dobson, 1991: 1).

Doğru Cevap: B

Soru 53

Which of the following can be described as “development which ensures that it meets the needs of the present without compromising the ability of future generations to meet their own needs”?

Ecology

Environmental issues

Economy

Sustainable development

Economic development

Açıklama:

Sustainable development is “development which ensures that it meets the needs of the present without compromising the ability of future generations to meet their own needs”.

Doğru Cevap: D

Soru 54

"The terms “sustainability” and “sustainable development” became the focal points of discussions on the environment and development problems following the work of the WCED and the publishing of the concluding document ofthe Commission’s work, ............... (WCED, 1987)." Which of the following completes the sentence correctly?

Future Generations

Their Future

Common Future

Future Perspectives

Our Common Future

Açıklama:

The terms “sustainability” and “sustainable development” became the focal points of discussions on the environment and development problems following the work of the WCED and the publishing of the concluding document of the Commission’s work, Our Common Future (WCED, 1987).

Doğru Cevap: E

Soru 55

"The original concept of sustainability refers to .............. sustainability and it is about the harvesting and managing renewable resources in such a way as not to damage future supplies."
Which of the following completes the sentence correctly?

economical

ecological

global

local

continental

Açıklama:

The original concept of sustainability refers to ecological sustainability and it is about the harvesting and managing renewable resources in such a way as not to damage future supplies.

Doğru Cevap: B

Soru 56

"The original concept of sustainability refers to ecological sustainability and it is about the harvesting and managing renewable resources in such a way as not to damage future supplies. Although the definition of the ...................... Reportlooks in line with the original meaning of the concept, it was not only applied to the use of nonrenewable resources, but also linked to economic development and growth." Which of the following completes the sentence correctly?

Paris

Madrid

Brutland

Berlin

Marshall

Açıklama:

The original concept of sustainability refers to ecological sustainability and it is about the
harvesting and managing renewable resources in such a way as not to damage future supplies.
Although the definition of the Brundtland Report looks in line with the original meaning of the
concept, it was not only applied to the use of nonrenewable resources, but also linked to economic
development and growth.

Doğru Cevap: C

Soru 57

"The literature identifies four distinct phases in the development of international environmental law, which reflects developments in scientific knowledge, the application of new technologies and an understanding of their impacts, changes in Political consciousness and the changing structure of the international legal order and institutions" Which of the following is the first phase of these four phases?

Traditional era

UN System and Development of New Environmental Treaties

The Modern Era

The post-Rio Developments: Integration

Contemporary Era

Açıklama:

First phase of international environmental law dates back to earlier centuries. This phase
witnessed the proliferation of treaties on the protection of wildlife from overexploitation.

Doğru Cevap: A

Soru 58

Paicific Four Seal Arbitration

Trail Smelter Arbitration

Rio Declaration on Environment and Development

Establishment of the United Nations Environment Programme (UNEP)

Establishment of the United Nations Conference on the Conservation and Utilization of Resources (UNNCUR)

Açıklama:

In the fourth and last phase, starting with the Rio Earth Summit and the UNCED, Rio Declaration on Environment and Development and Agenda 21 introduced sustainable development discourse as a bridge between the developed and developing countries.

Doğru Cevap: C

Soru 59

The term ......... corresponds to agreements less formal than those entitled “treaty” or “convention”, but they also possess the same legal force. In mostcases, this term encompasses an instrument, which is subsidiary to a treaty. Which of the following terms completes the sentence correctly?

Framework convention

Agreement

Regime

Protocol

Customary rules

Açıklama:

The term protocol corresponds to agreements less formal than those entitled “treaty” or “convention”,
but they also possess the same legal force. A protocol signifies an instrument that creates legally
binding obligations at international law. In most cases, this term encompasses an instrument, which
is subsidiary to a treaty.

Doğru Cevap: D

Soru 60

"If a convention is negotiated in anticipation that parties will negotiate one or more subsequent elaborating texts, it takes the form of a ......................." Which of the following completes the sentence correctly?

Agreement

Treaty

Framework convention

Customary rules

Protocol

Açıklama:

If a convention is negotiated in anticipation that parties will negotiate one or more subsequent
elaborating texts, it takes the form of a framework convention.

Doğru Cevap: C

Ünite 7

Soru 1

"Grave human rights violations during and after ................., as well as global population movements, put refugee law on the agenda of the United Nations."
Which of the following completes the given sentence correctly?

First World War

Second World War

Establishment of the UN

Industrial Revolution

Capitalisation of the markets

Açıklama:

Grave human rights violations during and after the Second World War, as well as global population movements, put refugee law on the agenda of the United Nations.

Doğru Cevap: B

Soru 2

I)1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa
II)1951 Convention Relating to the Status of Refugees
III)1967 Protocol Relating to the Status of Refugees
Which of the given treaties is/are among the international legal instruments of refugee law?

I and II

Only I

Only II

II, III

I, II and III

Açıklama:

I is a regional instrument regarding the status of refugees.

Doğru Cevap: D

Soru 3

What is the term for a person who, in the general sense, escapes or tries to escape from unbearable personal circumstances?

Alien

Foreigner

Refugee

Immigrant

Migrant

Açıklama:

The term refugee refers to a person who, in
the general sense, escapes or tries to escape from
unbearable personal circumstances. The destination
of the person who escapes is generally not suitable
for that person. The reason for the escape is the
need for freedom or security.

Doğru Cevap: C

Soru 4

Which of the following cannot be the reason for well-founded fear of being persecuted in order to be regarded as a refugee according to 1951 Convention?

Race

Religion

Nationality

Membership of a particular social group

Economic situation

Açıklama:

Doğru Cevap: E

Soru 5

What is the term used for a person who has left his/her country of nationality, went to a third country and applied for asylum there?

Refugee

Migrant

Immigrant

Asylum seeker

Foreigner

Açıklama:

An asylum seeker refers to the person who has left his/her country of nationality, went to a third country and applied for asylum there.

Doğru Cevap: D

Soru 6

".............. may have been displaced for the same reasons as refugees; however, they remained in their own countries and are still subject to the law of that country."
Which of the following, completes the sentence correctly?

Migrants

Immigrants

Internally displaced persons

Foreigners

Citizens

Açıklama:

Internally displaced persons may have been displaced for the same reasons as refugees; however, they remained in their own countries and are still subject to the law of that country.

Doğru Cevap: C

Soru 7

Which of the following is the only legal instrument today, aiming the legal status of the internally displaced persons?

1951 Convention Relating to the Status of Refugees

1967 Protocol Relating to the Status of Refugees

Kampala Convention

1984 Cartagena Declaration on Refugees

The Organization of African Unity Convention

Açıklama:

Today, the only international legal instrument aiming at the legal status of internally displaced persons is the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention). The Kampala Convention contains the same definition as The Guiding Principles on Internal Displacement.

Doğru Cevap: C

Soru 8

"........... is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living."
Which of the following completes the sentence correctly?

Asylum seeker

Immigrant

Refugee

Foreigner

Citizen

Açıklama:

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order
to achieve a better standard of living.Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on
this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum.

Doğru Cevap: B

Soru 9

"According to the .........................., an asylum seeker cannot be returned to a country where his/her life and freedom are deemed to be endangered."

Non-refoulement

Nationality

Equality

Freedom

Protection of human dignity

Açıklama:

According to the principle of non-refoulement, an asylum seeker cannot be returned to a country where his/her life and freedom are deemed to be endangered. If the person is facing persecution in the country in which he or she is forced to return, the obligation for government officials on the border not to refuse is an essential part of the principle of non-refoulement .

Doğru Cevap: A

Soru 10

Which of the following is the primary international institution under the UN dealing with the refugee issue?

UNHCR

UNICEF

UNCTAD

UNDP

UN General Assembly

Açıklama:

UNHCR (United Nations High Commissioner for Refugees) is the primary international institution under the UN dealing with the refugee issue, but it is not the only one. UNRWA was set up as a subsidiary organ of the General Assembly,
to assist those who had left Palestine as a result of the conflict. The assistance is mainly in the fields of relief, health and education. Besides UNHCR and UNRWA, there are other international organizations founded outside the UN. The most common one of those organizations is the International Organization for Migration (IOM).

Doğru Cevap: A

Soru 11

Which of the following is not among the aims of the Global Compact on Refugees?

To enhance refugee self-reliance

To ease the pressure on host countries

To increase the number of refugees

To support conditions in countries of origin for return in safety and dignity

To expand access to third-country solutions

Açıklama:

The Global Compact on Refugees aims to strengthen the international response to large movements of refugees under the guiding principles of humanity, international solidarity and burden and responsibility sharing. Its four key objectives are to ease the pressure on host countries, to enhance refugee self-reliance, to expand access to third-country solutions and to support conditions in countries of origin for return in safety and dignity. The correct answer is C.

Doğru Cevap: C

Soru 12

When was Global Compact on Refugees affirmed by the member States of the UN General Assembly?

2000

2008

2010

2018

2020

Açıklama:

After 18 months of extensive consultations with the UN Member States, experts, civil society and refugees, the UNHCR presented the Global Compact on Refugees as part of his 2018 annual report to the General Assembly. The Compact was affirmed by the member States of the UN General Assembly on December 17, 2018 in the annual resolution on the work of UNHCR. As the Compact is not an international treaty, it is not binding under international law for now. The correct answer is D.

Doğru Cevap: D

Soru 13

When did Turkey and EU sign the Agreement on Readmission of Persons Residing without Authorization?

1993

2000

2013

2019

2020

Açıklama:

Turkey and EU signed the Agreement on Readmission of Persons Residing without Authorization on 16 December 2013 and the Agreement entered into force on 1 October 2014. The primary purpose of the Readmission Agreement is to strengthen the co-operation between the parties in order to combat contemporary irregular immigration. The correct answer is C.

Doğru Cevap: C

Soru 14

Which of the following is not true about the Readmission Agreement between EU and Turkey?

All new irregular migrants crossing from Turkey into Greek islands as from March 20, 2016 will be returned to Turkey.

In return, for every Syrian being returned to Turkey from the Greek islands, another Syrian will be resettled from Turkey to the EU.

The fulfillment of the visa liberalization roadmap will be accelerated between all participating Member States to lift the visa requirements for Turkish citizens.

The return of irregular migrants will take place in full accordance with international law, especially the principle of non-refoulement.

EU member states will have the right the send back the refugees to Turkey that have passed the border before 2016.

Açıklama:

Due to the extent of the ongoing refugee crisis, Turkey and the EU reached an agreement and signed a Statement on March 18, 2016, including additional action points to the Readmission Agreement. According to this Statement, all new irregular migrants crossing from Turkey into Greek islands as from March 20, 2016 will be returned to Turkey. In return, for every Syrian being returned to Turkey from the Greek islands, another Syrian will be resettled from Turkey to the EU. Also, the fulfillment of the visa liberalization roadmap will be accelerated between all participating Member States to lift the visa requirements for Turkish citizens. The return of irregular migrants will take place in full accordance with international law, especially the principle of non-refoulement. THe correct answer is E.

Doğru Cevap: E

Soru 15

As for refugees and migrants crossing the Eastern Mediterranean from Turkey in 2019, where did arrivals most commonly originate from?

Iran

Syria

Azerbaijan

Armenia

Georgia

Açıklama:

Between January 1 and June 30, 2019, 37,100 refugees and migrants arrived via three Mediterranean routes from North Africa and Turkey. Most crossed the Eastern Mediterranean from Turkey. Arrivals in 2019 most commonly originated from Afghanistan, Morocco, Syria and Mali. The correct answer is B.

Doğru Cevap: B

Soru 16

Following the Agreement on Readmission of Persons Residing without Authorization between EU and Turkey, when was a Statement signed including additional action points to the Readmission Agreement?

2014

2015

2016

2017

2018

Açıklama:

The rise of the number of migrants entering the EU by using the Eastern Mediterranean route from Turkey to Greece caused the signing of the Agreement between the EU and the Republic of Turkey on the Readmission of Persons Residing Without Authorization on December 16, 2013. It was followed by a Statement signed by the same States on March 18, 2016, including additional action points to the Readmission Agreement. The correct answer is C.

Doğru Cevap: C

Soru 17

I. alienage
II. well-founded fear of being persecuted
III. failure of state protection
According to the 1951 Convention, what are the main elements of the refugee?

I and II

II and III

I, II, and III

Açıklama:

According to the 1951 Convention main elements of the refugee are alienage, well-founded fear of being persecuted and failure of state protection. These terms do not have any particular definition both in the 1951 Convention and 1967 Protocol. Therefore detailed information is given down below. The correct answer is E.

Doğru Cevap: E

Soru 18

Which of the following constitutes a reason for the “well-founded fear of being persecuted” clause?

Race

Health

Economic Status

Educational level

Age

Açıklama:

According to the 1951 Convention, well-founded fear of being persecuted can be originated from the reasons of race, religion, nationality, membership of a particular social group or political opinion. The acts of persecution do not have to be carried out by the State officials; actions of non-state actors may also cause fear of persecution (Çiçekli, 2009: 54). The correct answer is A.

Doğru Cevap: A

Soru 19

Which of the following terms refers to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living while enjoying the protection of their State and voluntarily embark on this journey?

Exile

Refugee

Asylum seeker

Internally displaced person

Immigrant

Açıklama:

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living. Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum. The correct answer is E.

Doğru Cevap: E

Soru 20

Which fo the following is not true about immigrants?

They leave their country of nationality for economic reasons.

They immigrate to another country in order to achieve a better life standard.

Immigrants still continue to enjoy the protection of their State.

Immigrants leave their countries with the fear of being persecuted.

Immigrants voluntarily embark on their journey.

Açıklama:

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living. Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum. The correct answer is D.

Doğru Cevap: D

Soru 21

Which of the following options can not be said about 1951 Convention Relating to the
Status of Refugees?

Subsequently, on July 28, 1951, the Convention Relating to the Status of Refugees was adopted by twenty-six States at the UN General Assembly and entered into force on April 22, 1954.

The 1951 Convention uses significant limitations when defining the term “refugee.”

At the time when the 1951 Convention was drafted, there was a desire by a number of States not to assume obligations the extent of which could not be foreseen.

The expression “events occurring before January 1, 1951” primarily constituted a temporal limitation; besides, a geographical limitation has been regulated as” events occurring in Europe” and “events occurring in Europe or elsewhere”.

1951 Convention Relating to the Status of Refugees emerged under the influence of the idea that persons should be granted refugee status without any limitation.

Açıklama:

Following the Second World War, on December
10, 1948, the UN General Assembly adopted the
Universal Declaration of Human Rights. In this
document, which is the cornerstone of international
human rights law, the right to asylum is regulated
together with other human rights.
Subsequently, on July 28, 1951, the Convention
Relating to the Status of Refugees was adopted by
twenty-six States at the UN General Assembly and
entered into force on April 22, 1954. The 1951
Convention uses significant limitations when
defining the term “refugee.”
At the time when the 1951 Convention was
drafted, there was a desire by a number of States
not to assume obligations the extent of which could
not be foreseen. This desire led to the inclusion of
the temporal limitation clause that enabled States
to put the Convention into the effect for the events
occurred before 1 January 1951. In response to the
wish of certain Governments, the 1951 Convention
also gave to Contracting States the possibility of
limiting their obligations under the Convention
to persons who had become refugees as a result of
events occurring in Europe (Odman, 1995: 41).
Accordingly, the expression “events occurring
before January 1, 1951” primarily constituted a
temporal limitation; besides, a geographical
limitation has been regulated as” events occurring
in Europe” and “events occurring in Europe or
elsewhere”. More importantly, States Parties to the
1951 Convention have been given the authority
to make a declaration specifying which of these
meanings it would apply.
According to these, the phrase given in option E is wrong. Because the 1951 Convention Relating to the Status of Refugees has a "temporal limitation" concept for refugee status.

Doğru Cevap: E

Soru 22

"Turkey joined the 1967 Protocol by the Council of Ministers Decision dated July 1, 1968, numbered 6/10266. Turkey has maintained its declaration about the ________ limitation." Fill in the gap with the correct option.

Temporal

Geographical

Total

Economic

Social

Açıklama:

Turkey joined the 1967 Protocol by the Council of Ministers Decision dated July 1, 1968, numbered 6/10266. Turkey has maintained its declaration about the geographical limitation. So, the correct answer is B.

Doğru Cevap: B

Soru 23

Which of the following is the first regional legal instrument governing refugee protection?

Cartagena Declaration on Refugees

1967 Protocol Relating to the Status of Refugees

Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Convention)

1951 Convention Relating to the Status of Refugees

1948 Universal Declaration of Human Rights

Açıklama:

The OAU Convention is the first regional legal instrument
governing refugee protection. It enacted on
September 10, 1969 and entered into force on
June 20, 1974. So, the correct answer is given in option C.

Doğru Cevap: C

Soru 24

Which of the following articles of the Universal Declaration of Human Rights grounds the basis of refugee law by recognizing the right of persons to seek asylum from persecution in other countries?

Article 14

Article 1

Article 19

Article 8

Article 11

Açıklama:

Article 14 of the Universal Declaration of
Human Rights grounds the basis of refugee
law by recognizing the right of persons to seek
asylum from persecution in other countries. so, the correct answer is A.

Doğru Cevap: A

Soru 25

In which of the following options, main elements of the refugee are given correctly according to the 1951 Convention?

estrangement, well-founded fear of being persecuted and failure of state membership.

alienage, well-founded fear of being persecuted and failure of state protection.

alienage, well-founded fear of being persecuted and failure of state membership.

estrangement, well-founded fear of being persecuted and failure of state protection.

poverty, well-founded fear of being persecuted and failure of state membership.

Açıklama:

According to the 1951 Convention main elements
of the refugee are alienage, well-founded fear of
being persecuted and failure of state protection.
These terms do not have any particular definition
both in the 1951 Convention and 1967 Protocol. Namely, the correct answer is B.

Doğru Cevap: B

Soru 26

According to the 1951 Convention, well-founded fear of being persecuted can be originated from some reasons. Which of the following is not one ot these reasons?

race

religion

nationality

membership of a particular social group or political opinion

gender

Açıklama:

Doğru Cevap: E

Soru 27

Which of the following options is the only international legal instrument aiming at the legal status of internally displaced persons today?

1951 Convention

1948 Universal Declaration of Human Rights

1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Convention)

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)

1984 Cartagena Declaration on Refugees

Açıklama:

Today, the only international legal instrument
aiming at the legal status of internally displaced
persons is the African Union Convention for the
Protection and Assistance of Internally Displaced
Persons in Africa (Kampala Convention).
The Kampala Convention contains the same
definition as The Guiding Principles on Internal
Displacement. According to this, the correct answer is given in option D.

Doğru Cevap: D

Soru 28

"_________ is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living." Fill in the gap with the correct option.

Refugee

Fugitive

Immigrant

Displaced People

Incomer

Açıklama:

Immigrant is the name given to the person who
has left his country of nationality and immigrated
to another country for economic reasons in order
to achieve a better standard of living. Unlike those
seeking asylum, immigrants continue to enjoy the
protection of their State and voluntarily embark on
this journey. States that accept immigrants do not
have responsibilities arising from a basic human
right, as is the case with asylum. Therefore, the correct answer is given in option C.

Doğru Cevap: C

Soru 29

Which of the following options contains the principle of non-refoulement?

Article 63 of the Foreigners and International Protection Code

Article 33 of the 1951 Convention

Article 19 of the 1948 Universal Declaration of Human Rights

Article 42 of the 1951 Convention

Article 14 of the Universal Declaration of Human Rights

Açıklama:

Article 33 of the 1951 Convention contains
the principle of non-refoulement which may not
be the subject of a reservation and is required to
be applied in emergency situations and to include
every individual who fits the definition in Article
1/A of the Convention. So, the correct answer is given in B.

Doğru Cevap: B

Soru 30

The cessation clauses regulated in the 1951 Convention can be categorized into four sets of circumstances in which refugee status may be lost. Which of the following options is not one of them?

voluntary acts of the individual

change of circumstances

protection accorded by international agencies

criminals or other undeserving cases

implementation of the provisions of the death penalty

Açıklama:

The cessation clauses regulated in the 1951
Convention can be categorized into four sets of
circumstances in which refugee status may be
lost. These are, voluntary acts of the individual,
change of circumstances, protection accorded
by international agencies and criminals or other
undeserving cases. As we have seen, option E is not one of them.

Doğru Cevap: E

Soru 31

What is the following event that shaped the general framework of refugee law?

First World War

Second World War

Conflict in Syria

Adopting the Universal Declaration of Human Rights

Adopting the Convention Relating to the Status of Refugees

Açıklama:

The major milestones for the refugee law are the Second World War and the emergence of the conflict in Syria in 2011. The first one shapes the general framework of the refugee law and differs over time. The second one tests the systematic functions of refugee law and brought up new dimensions.

Doğru Cevap: B

Soru 32

When was the Convention Relating to the Status of Refugees adopted?

1948

1950

1951

1967

1980

Açıklama:

On July 28, 1951, the Convention Relating to the Status of Refugees was adopted by
twenty-six States at the UN General Assembly and entered into force on April 22, 1954.

Doğru Cevap: C

Soru 33

How was the 1951 Convention enforced in Turkish law before 1967?

With geographical limitation

Without any limitation

With temporal limitation

With temporal limitation and geographical limitation

The contract was not implemented before 1967

Açıklama:

Accordingly, the expression “events occurring before January 1, 1951” primarily constituted a temporal limitation; besides, a geographical limitation has been regulated as” events occurring in Europe” and “events occurring in Europe or elsewhere”.

Doğru Cevap: D

Soru 34

Which of the following is not one of the criteria in the definition of refugee?

Race

Religion

Nationality

Membership of a particular social group

Education

Açıklama:

The education criterion is not included in the refugee definition in the 1951 Refugee Convention.

Doğru Cevap: E

Soru 35

Which of the following cannot be said about internally displaced persons?

There is not any binding international legal instrument about internally displaced persons

There is a guiding principles prepared by the UN Commission on Human Rights

Internally displaced persons may have not been displaced for the same reasons as refugees.

They do not constitute the subject of the 1951 Convention and the 1967 Protocol.

The only international legal instrument aiming at the legal status of internally displaced
persons is the Kampala Convention.

Açıklama:

Internally displaced persons may have been displaced for the same reasons as refugees; however, they remained in their own countries and are still subject to the law of that country.

Doğru Cevap: C

Soru 36

Which of the following cannot be said about the principle of non-refoulement?

There is a regulation on the subject in the 1951 Convention.

No exceptions on principle were made in the 1951 Convention.

Nothing in Article 33 of the 1951 Convention suggests its inapplicability to mass influx situations.

As a matter of international law, refoulement is not justifiable no matter how severe a sudden influx of refugees might be on a State’s resources, economy, or political situation.

According to Article 42/1 of the 1951 Convention, no reservation is permitted for Article 33.

Açıklama:

The principle of non-refoulement is not absolute. The exception is regulated in the second paragraph of Article 33 of the 1951 Convention.

Doğru Cevap: B

Soru 37

When was UNHCR founded?

1938

1946

1948

1950

1951

Açıklama:

The UN General Assembly established the High Commissioner for Refugees on December 14, 1950.

Doğru Cevap: D

Soru 38

Which countries has the signed Agreement on Readmission of Persons Residing Without Authorization?

The EU and the Republic of Turkey

Greece and the Republic of Turkey

Among the European Union states

Between the USA and the European Union states

Between the UK and the European Union states

Açıklama:

Doğru Cevap: A

Soru 39

Which of the following cannot be said about the Global Compact on Refugees?

It is presented by UNHCR

It is presented as part of his 2018 annual report.

It is an international treaty

It is not binding under international law

It aims to strengthen the international response to large movements of refugees.

Açıklama:

As the Compact is not an international treaty, it is not binding under international law for now.

Doğru Cevap: C

Soru 40

Which of the following cannot be said about Agreement on Readmission of Persons Residing without Authorization?

It entered into force on 1 October 2014.

The main objective of the Agreement is the transfer of persons who have been found
illegally entering in Turkey.

Turkey and the member states of the EU have to respect the rights of persons who apply for asylum.

The return of irregular migrants will take place in full accordance with international law.

The return of irregular migrants will take place in full accordance with the principle of non-refoulement.

Açıklama:

The main objective of the Agreement is the transfer and admission of persons who have been found illegally entering, being present in or residing in the contracting parties.

Doğru Cevap: B

Soru 41

Which of the following is a regional formally binding legal instrument of refugee law?

The 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa

1951 United Nations Convention Relating to the Status of Refugees

1967 Protocol Relating to the Status of Refugees

Universal Declaration of Human Rights

Cartagena Declaration

Açıklama:

The OAU Convention is the first regional legal instrument governing refugee protection.

Doğru Cevap: A

Soru 42

Which of the following has changed with the 1967 Protocol?

The loss of refugee status

The principle of non-refoulement

A definition of the term “internally displaced people”

Temporal and geographical limitations

Membership of a particular social group

Açıklama:

1967 Protocol Relating
to the Status of Refugees, which was opened for
signature on January 31, 1967, entered into force
on October 4, 1967, emerged under the influence
of the idea that persons should be granted refugee
status without any limitation and removed the
phrase about temporal limitation in the 1951
Convention.
Another significant development in terms of
the development of refugee law is the prohibition
of being a party to the 1967 Protocol with a
geographical limitation.

Doğru Cevap: D

Soru 43

Which of the following legal instruments is not binding?

The 1967 Protocol

1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa

The 1951 Convention

Cartagena Declaration

The Agreement between EU and Turkey on the Readmission of Persons Residing without Authorization

Açıklama:

Unlike the OAU Convention, the Cartagena Declaration is not a formally binding legal instrument.

Doğru Cevap: D

Soru 44

Which of the following is not a category of the cessation clauses regulated in the 1951
Convention?

He has voluntarily re-availed himself of the protection of the country of his nationality

Having lost his nationality, he has voluntarily re-acquired it

He has acquired a new nationality, and enjoys the protection of the country of his new
nationality

He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution

If he can't find a house to host

Açıklama:

The absence of a person's home does not end his refugee status.

Doğru Cevap: E

Soru 45

Which of its conditions is not included among the refugee status?

Nationality

Membership of a particular social group

Religion

Political opinion

Economic reasons

Açıklama:

Doğru Cevap: E

Soru 46

Which of the following organizations is the body of the United Nations directly related to refugees?

United Nations High Commissioner for Refugees

UN Relief and Works Agency for Palestine Refugees in the Near East

League of Nations

Inter-governmental Committee on Refugees

International Refugee Organization

Açıklama:

The UN General Assembly established the High Commissioner for Refugees on December 14, 1950, by its Resolution 428 to “provide international protection for refugees and seek permanent solutions to their problems” as a subsidiary organ under Article 22 of the UN Charter.

Doğru Cevap: A

Soru 47

Which of the following is a refugee in the sense of the 1951 Convention?

An asylum seeker

Internally displaced people

Immigrant

People with economic difficulties

People persecuted for religious reasons

Açıklama:

Doğru Cevap: E

Soru 48

Which of the following is not regulated in the 1951 Convention?

Mass influx

Refugee definition

The principle of non-refoulement

Reasons for the end of refugee status

Social rights

Açıklama:

Special attention shall be paid to the current concept of mass influx. It is not mentioned in the 1951 Convention, 1967 Protocol or even in the 1969 OAU Convention.

Doğru Cevap: A

Soru 49

When was the The Agreement between the EU and the Republic of Turkey on the
Readmission of Persons Residing Without Authorization signed?

2010

2011

2012

2013

2014

Açıklama:

Turkey and EU signed the Agreement on Readmission of Persons Residing without
Authorization on 16 December 2013 and the Agreement entered into force on 1 October 2014.

Doğru Cevap: D

Soru 50

Agreement on the Readmission of Persons Residing Without Authorization was signed between Turkey and who?

European Union

Greece

Syria

Germany

United Nations

Açıklama:

Turkey and EU signed the Agreement on Readmission of Persons Residing without
Authorization on 16 December 2013 and the Agreement entered into force on 1 October 2014.

Doğru Cevap: A

Soru 51

When did Turkey ratify the 1951 Convention?

In 1956

In 1959

In 1961

In 1965

In 1967

Açıklama:

Turkey signed the 1951 Convention on August 24, 1951 and ratified it on August 29, 1961. Within the scope of the temporal limitation and the geographical limitation linked to it, a notification regarding the issue was included in the Ratification Law numbered 359.
The correct choice is C, "In 1961".

Doğru Cevap: C

Soru 52

Which of the following is the first regional legal instrument governing refugee protection?

Cartagena Declaration

1967 Protocol

1951 Convention

OAU Convention

1966 Convention

Açıklama:

The OAU Convention is the first regional legal instrument governing refugee protection. It enacted on September 10, 1969 and entered into force on June 20, 1974. Unlike the OAU Convention, the Cartagena Declaration is not a formally binding legal instrument.
The correct choice is D, "OAU Convention".

Doğru Cevap: D

Soru 53

Which of the following refers to 'injustice, torture and distress'?

Alienage

Refuge

Asylum

Availment

Persecution

Açıklama:

Persecution can be defined as injustice, torture, and distress. These acts, deemed to be cruel, must also be deliberate.
The correct choice is E, "persecution".

Doğru Cevap: E

Soru 54

According to the 1951 Convention, which of the following is NOT a reason that the fear of persecution can be originated from?

Race

Geography

Religion

Nationality

Political opinion

Açıklama:

According to the 1951 Convention, well-founded fear of being persecuted can be originated from the reasons of race, religion, nationality, membership of a particular social group or political opinion.
The correct choice is B, "geography".

Doğru Cevap: B

Soru 55

Which of the following refers to 'a person who has left his/her country of nationality, went to a third country and applied for asylum there?

Refugee

Internally displaced person

Asylum seeker

Immigrant

Migrant

Açıklama:

An asylum seeker refers to the person who has left his/her country of nationality, went to a third country and applied for asylum there. The person whose asylum application has been evaluated and granted asylum by relevant State authorities is called as a “refugee”.
The correct choice is C, "asylum seeker".

Doğru Cevap: C

Soru 56

Which of the following is the only international legal instrument aiming at the legal status of internally displaced persons?

Kampala Convention

1951 Convention

OAU Convention

Cartagena Convention

1967 Protocol

Açıklama:

Doğru Cevap: A

Soru 57

Which of the following refers to 'a person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living while enjoying the protection of their State'?

Asylum seeker

Refugee

Displaced person

Immigrant

Alien

Açıklama:

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living. Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum.
The correct choice is D, "Immigrant".

Doğru Cevap: D

Soru 58

Which of the following is NOT one of the circumstances in which refugee status may be lost?

Voluntary acts of the individual

Political concerns of the hosting state

Change of circumstances

Protection accorded by international agencies

Criminals or other undeserving cases

Açıklama:

The cessation clauses regulated in the 1951 Convention can be categorized into four sets of circumstances in which refugee status may be lost. These are, voluntary acts of the individual, change of circumstances, protection accorded by international agencies and criminals or other undeserving cases.
The correct choice is B.

Doğru Cevap: B

Soru 59

When did the UN General Assembly establish the High Commissioner for Refugees?

In 1950

In 1952

In 1954

In 1957

In 1960

Açıklama:

Doğru Cevap: A

Soru 60

When did Turkey and EU sign the Agreement on Readmission of Persons Residing without Authorization?

In 2008

In 2010

In 2013

In 2015

In 2016

Açıklama:

Turkey and EU signed the Agreement on Readmission of Persons Residing without Authorization on 16 December 2013 and the Agreement entered into force on 1 October 2014.
The correct choice is C, "2013".

Doğru Cevap: C

Soru 61

When was the Universal Declaration of Human Rights adopted by the United Nations General Assembly?

1943

1944

1945

1948

1949

Açıklama:

Doğru Cevap: D

Soru 62

When was the 1951 Convention Relating to the Status of Refugees entered into force?

1951

1952

1953

1954

1955

Açıklama:

On July 28, 1951, the Convention Relating to the Status of Refugees was adopted by twenty-six States at the UN General Assembly and entered into force on April 22, 1954. The 1951 Convention uses significant limitations when defining the term “refugee.”

Doğru Cevap: D

Soru 63

When was Turkey joined the 1967 Protocol Relating to the Status of Refugees?

1966

1967

1968

1969

1970

Açıklama:

Turkey joined the 1967 Protocol by the Council of Ministers Decision dated July 1, 1968,
numbered 6/10266. Turkey has maintained its declaration about the geographical limitation.

Doğru Cevap: C

Soru 64

According to Article 1/A-2 of the 1951 Convention, a refugee may fear of persecuted a number of reasons.
Which of the following factors below is not among these reasons?

Race

Religion

Nationality

Financial situation

Political opinion

Açıklama:

According to Article 1/A-2 of the 1951 Convention, The term refugee shall apply to any person who as a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

Doğru Cevap: D

Soru 65

I. The term refugee refers to a person who, in the general sense, escapes or tries to escape from
unbearable personal circumstances.
II. The destination of the person who escapes is generally not suitable for that person.
III. The reason for the escape is the need for freedom or security.
Which of the premise(s) above is/are correct according to the International Refugee Law?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

The term refugee refers to a person who, in the general sense, escapes or tries to escape from
unbearable personal circumstances. The destination of the person who escapes is generally not suitable for that person. The reason for the escape is the need for freedom or security.

Doğru Cevap: E

Soru 66

I. Alienage,
II. Well-founded fear of being persecuted,
III. Failure of state protection.
Which of the elements above are among the main elements of the refugee according to the 1951 Convention Relating to the Status of Refugees?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

According to the 1951 Convention main elements of the refugee are alienage, well-founded fear of
being persecuted and failure of state protection.

Doğru Cevap: E

Soru 67

I. Those are being threatened,
II. Outside their own countries,
III. Those lacked the protection of a Government.
Which of the above is/are among the elements of the term "alienage" according to the 1951 Convention?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Only a person outside his State can be qualifiedas a refugee due to the definition in the 1951
Convention. The 1951 Convention aims to introduce international protection, determine the status of persons who cannot benefit from the protection of their State and ensure that they enjoy the rights provided by the 1951 Convention until the national protection is provided. The 1951 Convention was conceived not to relieve the suffering of all forced migrants, but rather to assist
a subset comprised of persons who were “outside their own countries who lacked the protection of a
Government”.

Doğru Cevap: C

Soru 68

I. Freedom of opinion,
II. Freedom of expression,
III. Freedom of suicide.
Which of the freedom(s) above is/are among the freedoms mentioned in the definition of the Article 19 of the 1948 Universal Declaration of Human Rights?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

According to Article 19 of the 1948 Universal Declaration of Human Rights, Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Doğru Cevap: B

Soru 69

I. The concept of immigrant is different from refugee,
II. Immigrants are the people left their country of nationality,
III. Being immigrant is associated with economic reasons
Which of the premise(s) above is/are correct?

Only I

I and II

II and III

I and II

I, II and III

Açıklama:

Doğru Cevap: E

Soru 70

I. He has voluntarily re-availed himself of the protection of the country of his nationality;
II. Having lost his nationality, he has voluntarily re-acquired it;
III. He has acquired a new nationality, and enjoys the protection of the country of his new
nationality;
IV. He has voluntarily re-established himself in the country which he left or outside which he
remained owing to fear of persecution.
Which of the premise(s) above is/are among the reasons for the loss of refugee status according to the 1951 Convention?

Only II

I and III

I, II and III

II, III and IV

I, II, III and IV

Açıklama:

The loss of refugee status by the individual’s actions indicates that a well-founded fear of persecution is no longer exists or that international protection is no longer required. These clauses are regulated in the 1951 Convention under Article 1/C: This Convention shall cease to apply to any person falling under the terms of Section A if:
a. He has voluntarily re-availed himself of the protection of the country of his nationality; or
b. Having lost his nationality, he has voluntarily re-acquired it; or
c. He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or
d. He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution.

Doğru Cevap: E

Soru 71

Which of the following is wrong about the refugee law?

The Second World War was influential on the refugee law.

The conflict in Syria shaped the refugee law.

With the Conflict in Syria, the systematic functions of the refugee law were tested.

The conflict in Syria brought new dimensions to the refugee law.

The general framework of the refugee law remains the same over time.

Açıklama:

Doğru Cevap: E

Soru 72

When was the Universal Declaration of Human Rights adopted by UN General Assembly?

1948

1951

1954

1956

1958

Açıklama:

Following the Second World War, on December 10, 1948, the UN General Assembly adopted the Universal Declaration of Human Rights.

Doğru Cevap: A

Soru 73

Which of the following is among the grounds of persecution according to the 1951 Convention?
I. Race
II. Religion
III. Nationality
IV. Membership of a social group

Only I

Only II

I and III

II, III and IV

I, II, III and IV

Açıklama:

Doğru Cevap: E

Soru 74

Which of the following grounds of persecution refers to the right to hold or not to hold any form of theistic, non-theistic or atheistic belief?

Race

Nationality

Membership of a social group

Religion

Membership of a political opinion

Açıklama:

Freedom of religion encompasses both the right to hold or not to hold any form of theistic, non-theistic or atheistic beliefWhich

Doğru Cevap: D

Soru 75

Which of the following grounds of persecution refers to the freedom of expression of thoughts?

Religion

Race

Nationality

Membership of a social group

Human rights

Açıklama:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Doğru Cevap: D

Soru 76

Which of the following is true about internally displaced people?
I. They are displaced within their country of nationality/residence as a result of various pressures ,
II. Internally displaced people stay within their country and remain under the protection of its government,
III. In practice, internal displacement often occurs as a result of civil conflict.
IV. Internally displaced persons and refugees are displaced for different reasons.

Only I

Only III

I and II

I, II and III

I, II, III and IV

Açıklama:

Persons who are displaced within their country of nationality/residence as a result of various pressures are called internally displaced people. Internally displaced people stay within their country and remain under the protection of its government, even if that government is the reason for their displacement. In practice, internal displacement often occurs as a result of civil conflict, in situations where the authority of the central government is itself under question and it does not have the capacity or willingness to provide protection and assistance. Internally displaced persons may have been displaced for the same reasons as refugees.

Doğru Cevap: D

Soru 77

Which of the following is true about asylum seeker?
I. Asylum seeker leaves his/her country of nationality
II. Asylum seeker goes to a third country and applies for asylum there.
III. Asylum application of a person is evaluated and granted asylum by relevant State authorities
IV. An asylum seeker whose application is approved is called a “refugee”.

Only I

Only II

I and III

II, III and IV

I, II, III and IV

Açıklama:

Doğru Cevap: E

Soru 78

When was the Guiding Principles on Internal Displacement, which is not binding and prepared by the UN Commission on Human Rights was published?

2001

2004

2007

2009

2010

Açıklama:

The Guiding Principles on Internal Displacement, which is not binding and prepared by the UN Commission on Human Rights was published in 2004.

Doğru Cevap: B

Soru 79

Which of the following is a person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living?

Asylum seeker

Internally displaced person

Immigrant

Refugee

Resident

Açıklama:

The person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living is an immigrant.

Doğru Cevap: C

Soru 80

When did the UN General Assembly establish the High Commissioner for Refugees?

1948

1950

1953

1955

1958

Açıklama:

The UN General Assembly established the High Commissioner for Refugees on December 14, 1950,

Doğru Cevap: B

Soru 81

When was the Agreement between the EU and the Republic of Turkey was signed on the Readmission of Persons Residing
Without Authorization?

2008

2010

2013

2015

2017

Açıklama:

Doğru Cevap: C

Soru 82

When was the Global Compact on Refugees affirmed by the UN General Assembly?

2012

2014

2016

2018

2020

Açıklama:

The most recent development for the refugees law is the affirmation of the Global Compact on Refugees by the UN General Assembly on December 17, 2018.

Doğru Cevap: D

Soru 83

Approximately how many refugees and migrants arrived via three Mediterranean routes from North Africa and Turkey between January 1 and June 30, 2019?

25000

30000

37000

40000

45000

Açıklama:

Between January 1 and June 30, 2019, 37,100 refugees and migrants arrived via three Mediterranean routes from North Africa and Turkey.

Doğru Cevap: C

Soru 84

When was the Agreement on Readmission of Persons Residing without Authorization signed between Turkey and EU entered into force?

2010

2012

2014

2016

2018

Açıklama:

Turkey and EU signed the Agreement on Readmission of Persons Residing without Authorization on 16 December 2013 and the Agreement entered into force on 1 October 2014.

Doğru Cevap: C

Soru 85

When was the Compact affirmed by the member States of the UN General Assembly in the annual resolution on the work of UNHCR?

2012

2014

2016

2017

2018

Açıklama:

The Compact was affirmed by the member States of the UN General Assembly on December 17, 2018 in the annual resolution on the work of UNHCR

Doğru Cevap: E

Ünite 8

Soru 1

Which of the following is not amongst the leading international institutions which have had a great impact on shaping international economic law?

International Bank for Reconstruction and Development

The International Monetary Fund (IMF)

General Agreement on Tariffs and Trade (GATT)

World Trade Organization (WTO)

World Health Organization (WHO)

Açıklama:

International economic law has been formed
mainly through international bilateral and
multilateral treaties. There also emerged
international institutions which have had a great
impact on shaping international economic law,
especially within the last 50 years. They have
led to the rapid development of international
economic law. The International Monetary Fund
(IMF), International Bank for Reconstruction
and Development (World Bank), the General
Agreement on Tariffs and Trade (GATT) and the
World Trade Organization (WTO) became leading
formations.

Doğru Cevap: E

Soru 2

When have the international institutions on economic relations begun to emerge?

1000s

1200s

1500s

1600s

1800s

Açıklama:

It was only possible towards the end of the 1800s to see the emergence of international institutions on economic relations.

Doğru Cevap: E

Soru 3

"It cannot be said that a general order of international economic law was formed before the .................."
Which of the following completes the sentence correctly?

Industrial Revolution

First World War

Second World War

Reneissance

2000's

Açıklama:

In spite of the developments concerning especially international trade, it cannot
be said that a general order of international economic law was formed before the Second World War. Rather, there were isolated and unconnected rules about certain economic relations. The term of international economic law was first used in The Next Step: A Plain Man’s Guide to International Principles by Ernst Feilchenfeld in 1938 as one of the studies published during those periods.

Doğru Cevap: C

Soru 4

"The economic system established after the Second World War connoted two international institutions. One of them was the IMF and the other was the ........."
Which of the following completes the sentence correctly?

European Union

United Nations

World Trade Organization

UNICEF

World Bank

Açıklama:

The economic system established after the Second World War connoted two international institutions. One of them was the IMF and the other was the World Bank.

Doğru Cevap: E

Soru 5

What is the date of adoption of founding treaties of IMF and World Bank?

1800

1890

1915

1935

1945

Açıklama:

The conference was held in July 1944 in Bretton Woods, New Hampshire, USA, with the participation of 44 allied countries, and the founding treaties of the IMF and World Bank were adopted. The founding treaties were signed at a meeting in New York on 27 December 1945. Turkey ratified and became a party to these treaties on February 19, 1947.

Doğru Cevap: E

Soru 6

"An important development concerning international economic law after the Second World War was the establishment of economic partnerships and even integrations among some regional countries. Some of them became integration of transnational nature." Which of the following shall be counted as one of these organizations?

World Bank

IMF

NAFTA

UNICEF

WHO

Açıklama:

Today, economic integration known as the European Union, which was established in 1952, the North American Free Trade Treaty known as NAFTA and the Association of Southeast Asian Countries known as ASEAN can be listed as leading examples of these regional organizations.

Doğru Cevap: C

Soru 7

"According to this system, the value of the countries’ currencies would be expressed in US Dollars. On the other hand, the value of the dollar was linkedto gold. As the dollar was demanded, the amount of gold determined for each dollar printed would be reserved at the US Central Bank." Which of the following does given piece depicts?

World Bank

IMF

International Monetary System

Liberal Economic System

Bretton Woods System

Açıklama:

The given piece describes The Bretton Woods System which was first set forth in United Nations Conference on Money and Finance, held at Bretton Woods between July 1st and July 22nd, 1944.

Doğru Cevap: E

Soru 8

What is the establishment date of the IMF?

1945

1950

1960

1975

1980

Açıklama:

The IMF was established officially in December 1945, when 29 countries ratified the treaty on the basis of decisions taken at Bretton Woods. It actually started working on 1 March 1947.

Doğru Cevap: A

Soru 9

Which of the following, decides the general policies of the World Bank?

Board of Governors

Board of Executive Directors

The President of the World Bank

United Nations General Assembly

IMF

Açıklama:

At the top of the World Bank’s governing structure is the Board of Governors, which usually meets only once a year and consists of finance or development ministers of the member (shareholder) countries. This board decides the
general policies of the Bank.

Doğru Cevap: A

Soru 10

Which of the following is not amongst the goals of the IMF?

Supporting international trade.

Increasing technological development.

Providing technical aid under the capacity building programs.

Reducing the poverty.

Supporting development.

Açıklama:

Increasing technological development is not amongst the goals of the IMF.

Doğru Cevap: B

Soru 11

Which of the below is NOT one of the leading formations of International economic law?

The International Monetary Fund (IMF)

World Bank

the World Health Organization (WHO)

the General Agreement on Tariffs and Trade (GATT)

the World Trade Organization (WTO)

Açıklama:

the World Health Organization (WHO)

Doğru Cevap: C

Soru 12

When was it possible to see the emergence of international institutions on economic relations?

In the 21st century

In the Roman Days

In the Ancient Greek

towards the end of the 1800s

In the 20th century

Açıklama:

It was only possible towards the end of the 1800s to see the emergence of international institutions on economic relations.

Doğru Cevap: D

Soru 13

Which of the below does NOT International economic law regulate?

international trade

international economic associations

international private law

international taxation

E- international education

Açıklama:

International economic law regulates international trade, international economic associations, international private law (law and court selection, enforcement of judicial or administrative decisions), regulations on international business world (prevention of monopolization and unfair competition, environmental protection and product security), international financial regulations (private monetary transfer transactions, direct foreign investment, monetary transactions), economic development, international taxation and international intellectual property rights.

Doğru Cevap: E

Soru 14

Which of the below is NOT true about IMF?

It was established in 1944.

29 countries ratified the treaty on the basis of decisions taken at Bretton Woods.

It actually started working on 1 March 1947.

It aims to increase international monetary cooperation.

It tries to increase employment.

Açıklama:

It was established in 1945.

Doğru Cevap: A

Soru 15

Which of the below is true about the World Bank?

It was founded in 1945.

It has 156 members.

Board of Governors usually meets only twice a year.

The Board of Executive Directors consists of 24 members.

At the top of the World Bank’s governing structure is the Board of Governors.

Açıklama:

Doğru Cevap: E

Soru 16

Which of the below is true about The General Agreement on Tariffs and Trade (GATT)?

Between 1947-1994, eighteen separate rounds of multilateral trade negotiations were held and concluded within the GATT system.

GATT was negotiated among 23 States in Geneva in September 1947.

The GATT treaty was quite a general one with 28 articles.

The originally intended World Trade Organization would be established in 1992.

One of the aims of the system was to establish a permanent national trade organization.

Açıklama:

GATT was negotiated among 23 States in Geneva in September 1947.
One of the aims of the system was to establish a permanent international trade organization.
The originally intended World Trade Organization would be established in 1994.
Between 1947-1994, eight separate rounds of multilateral trade negotiations were held and concluded within the GATT system.
The GATT treaty was quite a general one with 38 articles.

Doğru Cevap: B

Soru 17

Which of the below is true about World Trade Organization (WTO)?

It was founded in 1946.

The Treaty was adopted by 189 States in Marrakesh.

The World Trade Organization is the only global organization charged with the cross-country international trade and trade-related rules.

It is a center where States make commercial agreements.

It is an institution that operates international law.

Açıklama:

The World Trade Organization is the only global organization charged with the cross-country international trade and trade-related rules.

Doğru Cevap: C

Soru 18

Which of the below is NOT one of the legal issues that are expected to be regulated in relation to foreign direct investments?

Establishment of principles toward encouraging international direct investments

Recognition and protection of the rights of the investor (capital owner)

Protection of some sensitive interests of the invested country

Transfer of education to developing countries

Protection and transfer of foreign investor’s earnings

Açıklama:

establishment of principles toward encouraging international direct investments,
recognition and protection of the rights of the investor (capital owner),
protection of some sensitive interests of the invested country,
protection and transfer of foreign investor’s earnings,
transfer of technology to developing countries.

Doğru Cevap: D

Soru 19

Which of the below is NOT one of the organizations of the World Bank Group?

the International Bank for Reconstruction and Development (IBRD)

the General Agreement on Tariffs and Trade (GATT)

the International Development Association (IDA)

the International Finance Corporation (IFC)

and the Multilateral Investment Guarantee Agency (MIGA)

Açıklama:

ICSID is one of the five organizations of the World Bank Group, along with the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), the International Finance Corporation (IFC), and the Multilateral Investment Guarantee Agency (MIGA). The goal of the World Bank Group is to end extreme poverty within a generation and to boost shared prosperity.

Doğru Cevap: B

Soru 20

When was The Sustainable Development Summit convened?

1970

1984

1990

2004

2015

Açıklama:

2015

Doğru Cevap: E

Soru 21

When was the International Labor Organization founded?

1984

1990

1919

1994

1998

Açıklama:

In 1919, a very important development concerning international economic law was the establishment of the International Labor Organization (ILO).

Doğru Cevap: C

Soru 22

Which system reflects the new economic system established after the Second World War?

Liberal economic understanding

Social economic understanding

Mixed economic understanding

Modern understanding of economics

Changing understanding of competition

Açıklama:

The institutions of the new order, and the treaties founding them and establishing many basic principles, were more reflective of liberal economic understanding.

Doğru Cevap: A

Soru 23

What led international trade until the end of the First World War?

British trade understanding

American trade understanding

Middle east trade understanding

Europe trade understanding

Asian trade understanding

Açıklama:

Until the end of the First World War, the principle that dominated international economic relations, particularly in the context of international trade, was the “freedom of trade”. Although it had exceptions, the principle reflected the impact of the British trade understanding.

Doğru Cevap: A

Soru 24

When was the IMF officially established?

1919

1920

1921

1944

1945

Açıklama:

The IMF was established officially in December 1945, when 29 countries ratified the treaty on the basis of decisions taken at Bretton Woods.

Doğru Cevap: E

Soru 25

Which of the following is not included in the objectives of the IMF?

To increase international monetary cooperation

To maintain financial stability

To support the increase of international trade

To support development

To increase unemployment

Açıklama:

The main objectives of this institution are to increase international monetary cooperation, to maintain financial stability, to support the increase of international trade, to increase employment, to support development and to reduce poverty in the
world.

Doğru Cevap: E

Soru 26

When was the World Bank founded?

1919

1920

1921

1944

1945

Açıklama:

The International Bank for Reconstruction and Development, or commonly known as the World Bank, was founded in 1944 by the decisions taken at Bretton Woods.

Doğru Cevap: D

Soru 27

When was the International Trade Organization established?

1914

1924

1944

1964

1994

Açıklama:

The World Trade Organization was established in 1994.

Doğru Cevap: E

Soru 28

Which of the following is not covered by the World Bank Group?

ICSID

IBRD

IDA

IFC

OECD

Açıklama:

ICSID is one of the five organizations of the World Bank Group, along with the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), the International Finance Corporation (IFC), and
the Multilateral Investment Guarantee Agency (MIGA).

Doğru Cevap: E

Soru 29

Which of the following is a center established for the solution of foreign government investment disputes?

ICSID

ICC

ISTAC

UNCITRAL

ITOTAM

Açıklama:

The International Centre for Settlement of Investment Disputes (ICSID), established by the Convention for this purpose, was formally established on the date of entry into force of the Convention.

Doğru Cevap: A

Soru 30

In which of the following year was the International Union of Customs Tariffs established?

1890

1902

1906

1913

1919

Açıklama:

The International Union of Customs Tariffs was established in 1890. Today, this union continues as International Customs Tariffs Office.

Doğru Cevap: A

Soru 31

Which of the following is considered as the founding father of international law?

Ernst Feilchenfeld

Georg Schwarzenberger

David Hughes Parry

Stephen A. Silard

Ignaz Seidl-Hohenveldern

Açıklama:

Georg Schwarzenberger, a lawyer who could be considered as the founding father of international economic law, began writing and publishing intense and detailed ideas in the 1940s. In an article published in 1966, he even stated that the fields of international labor law, international social law, international transportation law, international copyright and industrial design rights law could be kept separate in international economic law.

Doğru Cevap: B

Soru 32

Which of the following unit of currency was taken as the basis of the monetary system at Bretton Woods?

British Pound

French Frank

German Mark

Spanish Peseta

US Dollar

Açıklama:

Doğru Cevap: E

Soru 33

In which of the following year did the IMF start working?

July 1944

December 1945

March 1947

April 1952

March 1960

Açıklama:

The IMF was established officially in December 1945, when 29 countries ratified the treaty on the basis of decisions taken at Bretton Woods. It actually started working on 1 March 1947.

Doğru Cevap: C

Soru 34

Which of the following country has a high quota on IMF policies?

Turkey

Greece

Brazil

Italy

Japan

Açıklama:

Countries’ vote weight and withdrawal rates are determined according to their quota. Countries such as the USA, Japan, England, and France, which have high quotas, have a great impact on the IMF policies.

Doğru Cevap: E

Soru 35

Which of the following is the main criticism of the IMF centered economic system?

Member states’ quotas

Fixed interest rate

Exchange rate devaluation

Dependence on IMF support

Capacity building programs

Açıklama:

Serious criticism of the IMF-centered international economic system is also expressed. Critics suggest that the IMF supports make the countries more dependent on IMF support rather than eliminating the economic problems of developing countries, creating debt spirals that cannot be extracted, and that the support plans do not take into account the peculiar circumstances of the countries.

Doğru Cevap: D

Soru 36

Which of the following sub-unit of the World Bank deals with providing financial and consultancy support to the private sector?

The International Bank for Reconstruction and Development

International Development Association

International Finance Corporation

Multilateral Investment Guarantee Agency

International Investment Dispute Resolution Center

Açıklama:

International Finance Corporation: Founded in 1956. It is the largest development institution focused on the private sector. It provides financial support to the private sector and provides consultancy services to the private sector and governments.

Doğru Cevap: C

Soru 37

Which of the following legal principle emphasizes that individuals and companies are able to continue to benefit from the protection of their own State to a certain extent in their activities abroad?

Acceptance of foreign investors

Diplomatic protection

National sovereignty

Fair treatment

Appropriate compensation

Açıklama:

The second principle is that the “diplomatic protection” granted to States by international law also applies to foreign direct investors. On behalf of a person or company whose rights are allegedly infringed, the State of which they are a national may take legal and/or political initiatives based on the principle of diplomatic protection. Therefore, individuals and companies are able to continue to benefit from the protection of their own State to a certain extent in their activities abroad.

Doğru Cevap: B

Soru 38

Which of the following principle underlines the discrimination in favor of developing countries?

Preferential treatment

Right to development

Cooperation for development

Self determination

National sovereignty

Açıklama:

Another principle of international development is the principle of preferential treatment in favor of developing countries. This principle, which actually means discrimination in favor of developing countries in economic relations, aims to eliminate existing injustices, as article 19 of the Charter of Economic Rights and Duties of States stipulates.

Doğru Cevap: A

Soru 39

Against which of the following country did the UN Security Council implement sanction because of its nuclear program?

South Africa

Libya

Iraq

Iran

Haiti

Açıklama:

The Security Council decided sanctions against the Libyan administration in the 1980s and 1990s, Iraq in 1990, members of the military junta administration in Haiti from 1993- 94, UNITA in 2000s and Iran due to its nuclear program. In addition to the UN Security Council resolutions, the US and the European Union have also taken and implemented sanctions against Iran, mostly after 2011.

Doğru Cevap: D

Soru 40

Which of the following main types of treaties is one of those regulating international economic law?

International unilateral trade treaties

Trade convention

International multilateral treaties

Free trade agreements

Founding treaties

Açıklama:

International economic law has been formed mainly through international bilateral and
multilateral treaties. The correct answer is C.

Doğru Cevap: C

Soru 41

The concept of State and interstate relations are mostly commenced in the academic studies by the relations between.................. or political formations in....................?
Which of the following should be brought to the spaces above?

Medieval Europe-Greek City-States

Modern America-Medieval Europe

Modern Europe-Greek City-States

Modern America-Modern Europe

Medieval Europe-Modern Europe

Açıklama:

The concept of State and interstate relations are mostly commenced in the academic studies by the relations between Greek city-states or political formations in Medieval Europe. The correct answer is A

Doğru Cevap: A

Soru 42

Which of the following is the first internationally established commercial institution?

International Trade Organization

The International Union of Customs Tariffs

International Sugar Union

Economic Cooperation Committe

Regional Cooperation for Development

Açıklama:

The International Sugar Union (1902) and its Commission was the first international
institution to emerge in international trade. The correct answer is C

Doğru Cevap: C

Soru 43

Which of the following is the monetary agreement that established the World Bank and the international Monetary Fund and constituted the turning point of the post-war world economy?

San Francisco Conference

North Atlantic Treaty Organization

Bretton Woods

The Comprehensive Economic and Trade Agreement

North American Free Trade Agreement

Açıklama:

The conference was held in July 1944 in Bretton Woods, New Hampshire, USA, the participation of 44 allied countries, and the founding treaties of the IMF and World Bank were adopted. The correct answer is C.

Doğru Cevap: C

Soru 44

Which of the following is the US president who temporarily removed the indexing of the US dollar to gold in the first place?

Jhon F Kennedy

Lyndon Jhonson

F. Delano Roosvelt

Jimmy Carter

Richard Nixon

Açıklama:

US President Richard M. Nixon announced that the US dollar was temporarily removed from indexing to gold. The correct answer is E

Doğru Cevap: E

Soru 45

Which of the following units is the IMF's second important decision maker?

Board of Governors

Executive Committee

Board of Executive Directors

Executive Board

Shareholders

Açıklama:

The second important decision-making body of the IMF is the Executive Board. The correct answer is D

Doğru Cevap: D

Soru 46

The ınstitution, which has contributed greatly to the rebuilding of Europe after the Second World War, focuses today on "poverty reduction" and "helping developing countries". Two goals are declared as follows:

To minimize as much as possible the number of extremely poor population
trying to live at US $ 1.90 or less a day
To increase the income of the 40% of the world’s low-income group to ensure welfare spread

Which of the following is the organization whose objectives are stated above?

International Monetary Found (IMF)

World Bank

World Trade Organization (WTO)

The General Agreement on Tariffs and Trade (GATT)

United Nations (UN)

Açıklama:

The Bank, which has contributed greatly to the rebuilding of Europe after the Second World War, focuses today on "poverty reduction” and "helping developing countries". Two goals are declared as follows: To minimize as much as possible the number of extremely poor population trying to live at US $ 1.90 or less a day, To increase the income of the 40% of the world’s low-income group to ensure welfare spread. The correct answer is B

Doğru Cevap: B

Soru 47

...................................which was established in 1985 with the support of the World Bank was the beginning of a new period for foreign direct investments
Which of the following economic institutions should be brought to the above gap?

The Convention on Multilateral Investment Guarantee Agency

Lome Conventions

Convention on the Protection of Foreign Propert (OECD)

IMF

WTO

Açıklama:

The Convention on Multilateral Investment Guarantee Agency, which was established in
1985 with the support of the World Bank, was the beginning of a new period for foreign direct investments. The correct answer is A

Doğru Cevap: A

Soru 48

Which of the following is one of the outstanding international economic pressure methods?

Dept claim

Retortion

Execution

Tax penalty

Administrative fine

Açıklama:

Retorsion, reprisal and sanctions are the prominent actions in the counter-measures or ways of coercion. The correct answer is B

Doğru Cevap: B

Soru 49

In particular,with the increasing intensity of sanctions, referred to as...................., the Security Council or States take and implement sanctions that affect a particular area or economy of a state, or even a particular company or person of a State.
Which of the following types of sanctions should be brought into the space above?

Economic sanctions

Reprisal

Smart sanctions

Coercion

Preferential treatment

Açıklama:

In particular, with the increasing intensity of sanctions, referred to as "smartsanctions", the Security Council or States take and implement sanctions that affect a particular area or economy of a state, or even a particular company or person of a State. The correct answer is C

Doğru Cevap: C

Soru 50

Which one of the following is not one of the leading international institutions which have had a great impact on shaping international economic law?

The International Monetary Fund (IMF)

International Bank for Reconstruction and Development (World Bank)

North Atlantic Trade Organization (NATO)

The General Agreement on Tariffs and Trade (GATT)

The World Trade Organization (WTO)

Açıklama:

Doğru Cevap: C

Soru 51

Which one of the following is the first international institution to emerge in international trade?

The International Union of Customs Tarif

The International Sugar Union

The Bureau of International Trade

The League of Nations

The Convention on the Establishment of Free Trade

Açıklama:

It was only possible towards the end of the 1800s
to see the emergence of international institutions
on economic relations. The International Union of
Customs Tariffs was established in 1890. Today, this
union continues as International Customs Tariffs
Office. The International Sugar Union (1902)
and its Commission was the first international
institution to emerge in international trade, one
of the main fields of international economic law.
The founding convention also envisaged some
rules, including incentives and common attitudes
towards non-party states.

Doğru Cevap: B

Soru 52

I. International Labor Organization (ILO)
II. World Bank
III. International Monetary Fund (IMF)
Which one(s) of these is/are connoted with the economic system established after the Second World War?

Only I

Only II

Only III

I-II

II-III

Açıklama:

Doğru Cevap: E

Soru 53

When did Turkey become a party of IMF and World Bank?

1945

1946

1947

1948

1950

Açıklama:

With the participation of 44 allied countries, the
founding treaties of the IMF and World Bank
were adopted. The founding treaties were signed
at a meeting in New York on 27 December 1945.
Turkey ratified and became a party to these treaties
on February 19, 1947

Doğru Cevap: C

Soru 54

Which one of the following currencies was the tool of payment according to “monetary payment system" envisaged at the designs at Bretton Woods?

US Dollar

German Mark

Austrian Schilling

French Frank

Japanese Yen

Açıklama:

The designs at Bretton Woods envisaged the
establishment of a new “monetary payment system”; in other words, a system of payments among States
around the world. The basis of this monetary
system was an external payments system indexed to
the US Dollar. According to this system, the value
of the countries’ currencies would be expressed in
US Dollars. Thus, the US Dollar was an accepted
unit of value or price in international trade. On
the other hand, the value of the dollar was linked
to gold. As the dollar was demanded, the amount
of gold determined for each dollar printed would
be reserved at the US Central Bank. At that time, 1
ounce of gold was set at 35 US Dollars.

Doğru Cevap: A

Soru 55

Which one of the following is not among the countries with high quotas in IMF?

Switzerland

The USA

France

England

Japan

Açıklama:

The primary source of the IMF’s fund consists
of the quota paid by the member States when
becoming a member, and then the increases they
make on that quota, 25% of which should be
made in reserve money and the rest can be made
in national currencies. Countries’ vote weight and
withdrawal rates are determined according to their
quota. Countries such as the USA, Japan, England,
and France, which have high quotas, have a great
impact on the IMF policies.

Doğru Cevap: A

Soru 56

How many members does IMF currently have?

176

182

189

194

198

Açıklama:

Today, the IMF is an institution with 189
members, employing staff from 150 different
countries, currently executing 36 different support
agreements, reaching to the lending capacity of
1 Trillion USD and carrying out internships,
education and similar activities with a budget of
more than 300 million US Dollars. In order to
prevent economic crises in the world, it monitors
the policies of the member countries through a
formal system called “surveillance” and provides
advice to all States on regional and global economic
and financial developments.

Doğru Cevap: C

Soru 57

Which one of the following sub-units of the World Bank provides financial support to the private sector and provides consultancy services to the private sector and governments?

The International Bank for Reconstruction and Development

International Development Association

International Finance Corporation

Multilateral Investment Guarantee Agency

International Investment Dispute Resolution Center

Açıklama:

International Finance Corporation:
Founded in 1956. It is the largest
development institution focused on
the private sector. It provides financial
support to the private sector and provides
consultancy services to the private sector
and governments

Doğru Cevap: C

Soru 58

I. To minimize as much as possible the number of extremely poor population trying to live at US $ 1.90 or less a day
II. To increase the income of the 40% of the world’s low-income group to ensure welfare spread.
III. To provides technical support and training services to countries under the “capacity building” programs.
Which one(s) of these is/are among the declared goals of the World Bank?

Only I

Only II

Only III

I-II

II-III

Açıklama:

The Bank, which has contributed greatly to the
rebuilding of Europe after the Second World War,
focuses today on “poverty reduction” and “helping
developing countries”. Two goals are declared as
follows:
• To minimize as much as possible the
number of extremely poor population
trying to live at US $ 1.90 or less a day,
• To increase the income of the 40% of the
world’s low-income group to ensure welfare
spread.

Doğru Cevap: D

Soru 59

Which one of the following is the only global organization charged with the cross-country international trade and trade-related rules?

World Trade Organization

International Monetary Fund

The World Bank

The Organisation for Economic Co-operation and Development

North Atlantic Trade Organization

Açıklama:

Doğru Cevap: A

Soru 60

I. The International Monetary Fund (IMF),
II. The International Bank for Reconstruction and Development (World Bank),
III. The General Agreement on Tariffs and Trade (GATT),
IV. The World Trade Organization (WTO)
Which of the premises above are among the leading formations of the International economic law?

I and II

II and IV

I, II and IV

II, III and IV

I, II, III and IV

Açıklama:

International economic law has been formed mainly through international bilateral and
multilateral treaties. There also emerged international institutions which have had a great
impact on shaping international economic law, especially within the last 50 years. They have
led to the rapid development of international economic law. The International Monetary Fund
(IMF), International Bank for Reconstruction and Development (World Bank), the General
Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO) became leading
formations.

Doğru Cevap: E

Soru 61

When was the The International Union of Customs Tariffs established?

1870

1880

1890

1900

1910

Açıklama:

The International Union of Customs Tariffs was established in 1890.

Doğru Cevap: C

Soru 62

Which of the following is the Organization, which has been established in 1919 in order to eliminate the disparities in working conditions resulting from the different climate, habits and industrial traditions of countries, continues to make increasing and expanding works in this field?

International Labor Organization (ILO)

The International Monetary Fund (IMF)

International Bank for Reconstruction and Development (World Bank)

World Trade Organization (WTO)

General Agreement on Tariffs and Trade (GATT)

Açıklama:

In 1919, a very important development concerning international economic law was the establishment of the International Labor Organization (ILO). The Organization, which
has been established in order to eliminate the disparities in working conditions resulting from the
different climate, habits and industrial traditions of countries, continues to make increasing and
expanding works in this field.

Doğru Cevap: A

Soru 63

I. Georg Schwarzenberger,
II. David Hughes Parry,
III. Stephen A. Silard.
Which of the lawyer(s) above played role in the emergence of international economic law?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

Georg Schwarzenberger, a lawyer who could be considered as the founding father of international
economic law, began writing and publishing intense and detailed ideas in the 1940s. In an article published in 1966, he even stated that the fields of international labor law, international social
law, international transportation law, international copyright and industrial design rights law could
be kept separate in international economic law. Lawyers such as David Hughes Parry (1893-1973)
and Stephen A. Silard were among those who used the concept of international economic law.

Doğru Cevap: E

Soru 64

I. The International Monetary Fund (IMF),
II. The International Bank for Reconstruction and Development (World Bank),
III. The World Trade Organization (WTO)
Which of the organization(s) above established in accordance with the decisions taken in the Bretton Woods conference in 1944?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

The economic system established after the Second World War connoted two international
institutions. One of them was the IMF and the other was the World Bank. The institutions of
the new order, and the treaties founding them and establishing many basic principles, were more
reflective of liberal economic understanding. The conference was held in July 1944 in Bretton Woods, New Hampshire, USA, with the participation of 44 allied countries, and the founding treaties of the IMF and World Bank were adopted. The founding treaties were signedat a meeting in New York on 27 December 1945. Turkey ratified and became a party to these treaties on February 19, 1947.

Doğru Cevap: B

Soru 65

I. international trade,
II. International investment,
III. International finance,
IV. International development.
Which of the elements above are regulated by international economic law?

I and II

I and III

II, III and IV

I, III and IV

I, II, III and IV

Açıklama:

International economic law regulates elements international trade, international investment,
international finance and international development issues.

Doğru Cevap: E

Soru 66

When was the International Monetary Fund (IMF) was established officially?

1943

1944

1945

1946

1947

Açıklama:

The IMF was established officially in December 1945, when 29 countries ratified the treaty on
the basis of decisions taken at Bretton Woods.

Doğru Cevap: C

Soru 67

I. To increase international monetary cooperation,
II. To maintain financial stability,
III. To support the increase of international trade,
IV. To increase employment.
Which of the premises above are among the main objectives of the International Monetary Fund (IMF)?

I and II

II and III

I, II and III

II, III and IV

I, II, III and IV

Açıklama:

The IMF was established officially in December 1945, when 29 countries ratified the treaty on
the basis of decisions taken at Bretton Woods. It actually started working on 1 March 1947. The
main objectives of this institution are to increase international monetary cooperation, to maintain financial stability, to support the increase of international trade, to increase employment, to support development and to reduce poverty in the world.

Doğru Cevap: E

Soru 68

Which of the followings is not among the sub-units of World Bank Group?

The International Bank for Reconstruction and Development

International Development Association

International Monetary Fund

Multilateral Investment Guarantee Agency

International Investment Dispute Resolution Center

Açıklama:

The World Bank is a kind of a cooperative, as many members have jointly established it with
capital participation. The number is today 189 countries, in other words, the shareholders. The
Bank is composed of 5 different sub-units which areseparated in terms of their purposes and functions. This makes the Bank a “World Bank Group”, assometimes called. These are:
• The International Bank for Reconstruction and Development: lends to middle-income and low-income countries eligible for loans.
• International Development Association: Established in 1960. Provides interest-free loans and grants to the poorest countries.
• International Finance Corporation: Founded in 1956. It is the largest development institution focused on the private sector. It provides financial support to the private sector and provides
consultancy services to the private sector and governments.
• Multilateral Investment Guarantee Agency: Founded in 1988 and works to support foreign direct investment to developing countries. It offers political risk insurance to investors and financiers.
• International Investment Dispute Resolution Center. It provides international opportunities for the settlement of investment disputes, in particular using mediation and arbitration.

Doğru Cevap: C

Soru 69

I. It isa forum in which States negotiate trade agreements,
II. It is a center where States try to solve commercial disputes,
III. It is an institution that operates the trade rules.
Which of the premise(s) above is/are among the roles of World Trade Organization (WTO)?

Only I

I and II

II and III

I and III

I, II and III

Açıklama:

The World Trade Organization is the only global organization charged with the cross-country
international trade and trade-related rules. New rules are constantly drafted and approved through
international agreements, which are negotiated among the member States of the Organization. The
aim of the Organization was to make international trade as smooth, predictable and free as possible. We may summarize the WTO roles as:
• A forum in which States negotiate trade agreements,
• It is a center where States try to solve commercial disputes,
• It is an institution that operates the trade rules.

Doğru Cevap: E

Publıc Internatıonal Law II (ENG) - Tüm Sorular

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