Publıc Internatıonal Law I

Yanıt Açıklaması: Exemption from the social security legislation as an employer.

Yanıt Açıklaması: All of them are true about human rights.

Yanıt Açıklaması: “The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.” This is a critic about The Nuremberg and Tokyo International Military Tribunals.

Yanıt Açıklaması: The treatment of aliens (foreign nationals) has been a controversial subject under international law. There are two principal approaches in this respect: • international minimum standard of treatment which must be accorded to aliens by all states, irrespective of how they treat their own nationals; and • national treatment, that is, treatment equal to that given by the concerned state to its own nationals must be accorded to aliens.

Yanıt Açıklaması: Two of the most common ways to attaining nationality are by descent from parents (jus sanguinis) and by birth in the territory of the state (jus soli). Therefore, the correct answer is D.

Yanıt Açıklaması: In the Prosecutor v. Tadic case, the Appeals Chamber of the International Tribunal for the Former Yugoslavia (ICTY) stated that the “degree of control may, however, vary according to the factual circumstances of each case” (Case IT-94-1: (1999), vol. 38, p. 1518). The conduct of persons or groups is attributable to the state if the persons or groups have committed acts under the effective control of that state, even if particular instructions may have been ignored.

Yanıt Açıklaması: The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that: The state where the crime is committed generally has the strongest interest in punishing the criminal. The local forum is the most convenient one, since the witnesses and other facilities are most probably available there. The offender is most likely to be found there. To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time.

Yanıt Açıklaması: Code of Crimes against the Peace and Security of Mankind

Yanıt Açıklaması: Delicts jure gentium: wrong against the “Law of Nations.” Therefore, the correct option is C.

Yanıt Açıklaması: The Court is composed of the following organs (Art.34): • the Presidency; • an Appeals Division, a Trial Division, and a Pre-Trial Division; • the Office of the Prosecutor; • the Registry

Yanıt Açıklaması: There are three important elements regarding state responsibility: attribution (imputability), breach (causation), and the absence of any valid justification or legal excuse.

Yanıt Açıklaması: The sociological approach identifies the empirical components of a human rights system in the context of the social process. “Its primary contribution has been its emphasis on obtaining a just equilibrium of interests among prevailing moral sentiments and the social and economic conditions of time and place.” Therefore, the correct option is D.

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

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

Yanıt Açıklaması: the Draft Articles are “secondary rules” that address basic issues of responsibility and remedies available for breach of primary (substantive) rules of international law, such as with respect to the use of armed force. The Draft establishes the following: • conditions for an act to qualify as internationally wrongful; • circumstances under which actions of officials, private individuals and other entities may be attributed to the state, • general defenses to liability, • the consequences of liability, and • admissibility of claims.

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

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

Yanıt Açıklaması: In the 19thcentury a special exception was made for humanitarian intervention to prevent human rights abuses. Even before the United Nations was created, some treaties had been signed regarding the treatment of minorities. Although the Covenant of the League of Nations did not have any provision in this regard, the execution of these treaties was put under the guarantee of the League. Moreover, these treaties could not be modified without the consent of the League Council. In some cases, clauses included to bring the violation of treaty obligations before special tribunals. These treaties, however, were limited in their objectives and related to certain minorities. They did not create general obligations to respect fundamental human rights. The minority rights covered under these treaties were: the protection of life and liberty; free exercise of religion without discrimination on grounds of language, race or religion; equality before the law; and the freedom of organization for religious and educational purposes. These rights were mainly civil and political in nature. However, this protection was not extended to the rights of the individual.

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

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