Publıc Internatıonal Law I

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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