Publıc Internatıonal Law I

Yanıt Açıklaması: In the nature of jus dispositivum

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

Yanıt Açıklaması: In the LaGrandcase (Germany v. United States of America 2001),the  ICJ said that the international responsibility of a state is engaged by the action of the competent organs and authorities acting in that state, whatever they may be.

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

Yanıt Açıklaması: In September 2006, the General Assembly also adopted a “Global Counter-Terrorism Strategy.” The Strategy holds a special significance, because it is for the first time that all members of the United Nations had agreed to a common strategic and operational framework to fight terrorism. The Strategy forms a basis for a concrete plan of action : to address the conditions conducive to the spread of terrorism; to prevent and combat terrorism; to take measures to build state capacity to fight terrorism; to strengthen the role of the United Nations in combating terrorism; and to ensure respect of human rights while countering terrorism

Yanıt Açıklaması: The sociological approach fails to explain how the rights are interrelated or what the priorities should be; “it does not answer the logical question of how a normative conclusion about rights can be derived empirically from factual premises such as having interests” (Shestack, 1998: 212). Merely cataloguing human demands would not be enough to promote human rights.

Yanıt Açıklaması: According to the objective territorial principle , a state has jurisdiction over a crime when a crime commenced in another state but was completed or consummated within its territory. The state concerned in such a case can take action against the offender. The objective territorial principle is generally accepted and applied, according to which jurisdiction can be exercised when any essential constituent element of a crime is consummated in state territory. The correct answer is B.

Yanıt Açıklaması: Under the Charter, the United Nations is obliged to promote “respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion” (Art. 55/c). Toward this objective, the ECOSOC, in February 1946, established the Commission on Human Rights (CHR- under Art. 68). The Office of the United Nations High Commissioner for Human Rights (UNHCHR) assisted in its work. The Commission established  permanent machinery for the protection and promotion of human rights.

Yanıt Açıklaması: The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), adopted by the Council of Europe on 4 November 1950, by far is the most established regional human rights treaty whose jurisprudence is well developed. The Convention has 14 protocols in force, adopted gradually after its coming into force on 3 September 1953. The Convention imposes binding commitments on the states parties to enforce and secure to “everyone within their jurisdiction,” the rights and freedoms enlisted in the Convention.

Yanıt Açıklaması: Jus cogens literally means “compelling law.” It designates norms from which no derogation is permitted by way of particular agreements. It stems from the idea already known in Roman law that certain legal rules cannot be contracted out (Oxford Bibliographies). Therefore, the correct option is B.

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

Yanıt Açıklaması: The state practice discloses four general principles on  the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, the nationality principle, which determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injure by the offence. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime (for example, piracy). Ultra vires principle is not one of those.

Yanıt Açıklaması: Following on the judgments of the Nuremberg and Tokyo International Military Tribunals, in 1951 the International Law Commission (ILC), in pursuance of the General Assembly resolution, formulated a Draft Code of Offences Against the Peace and Security of Mankind. The Code embodied the principles of the Nuremberg trial. The Code made reference to “persons” as guilty of crimes against the peace and security of mankind in an attempt to prevent them from sheltering behind the abstract entity of state.

Yanıt Açıklaması: The Human Rights Council is a subsidiary organ of the General Assembly. Unlike the CHR, which was a subsidiary body of the ECOSOC and reporting to the ECOSOC, the Human Rights Council reports to the General Assembly. “The Council is made of 47 Member States, which are elected by the members of the General Assembly of the United Nations through direct and secret ballot. Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The Council’s Membership is based on equitable geographical distribution.

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

Yanıt Açıklaması: The Nuremberg and Tokyo trials held at the end of the Second World War (1945-48) focused on the war-related crimes. They helped in enunciating clear principles on the law of war crimes. Therefore, the correct option is B

Yanıt Açıklaması: It aims “to achieve a greater unity between its members for the purpose of safe guarding and realizing the ideals and principles which are their common heritage and facilitating their economic and social progress” European States who seek harmony, cooperation, good governance and human rights, accepting the principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights and freedoms.

Yanıt Açıklaması: The International Labour Office is the permanent secretariat of the International Labour Organization.

Yanıt Açıklaması: Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically in the European Convention on Human Rights, a provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention. Therefore, the correct option is B.

Yanıt Açıklaması: Diplomatic protection is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted. Such protection extends to both natural and legal persons (Oxford Public International Law)