Publıc Internatıonal Law I

Yanıt Açıklaması: a

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

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

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

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

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

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

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

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

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

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

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

Yanıt Açıklaması: Judicial decisions are among the subsidiary sources of international law.

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

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

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

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

Yanıt Açıklaması: B. Cheng coined the term of instant customary international law.

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