Publıc Internatıonal Law I

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 if the treaty does not affect the rights and obligations of other parties under the 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.

Yanıt Açıklaması: After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632- 1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States.

Yanıt Açıklaması: Treaty becomes binding on the state after ratification. Ratification presupposes signing of a treaty by the duly appointed plenipotentiary (person having full powers). Therefore, the correct option is D.

Yanıt Açıklaması: Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other (Martin, 2003: 483).

Yanıt Açıklaması: Ex aequo et bono means what is just and fair or according to equity and good conscience. Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. A decision-maker who is authorized to decide ex aequo et bono is not bound by legal rules but may take account of what is just and fair (USLegal.com).

Yanıt Açıklaması: Hans Kelsen primarily champions the view that considers individuals alone as subjects of international law

Yanıt Açıklaması: Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences.

Yanıt Açıklaması: De facto recognition is conditional, temporary and provisional.

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. The correct answer is A.

Yanıt Açıklaması: The terms treaty, pact, charter, constitution, statute, convention, General Act, Final Act (when it is an independent instrument) are generally used for formal instruments of multilateral character

Yanıt Açıklaması: Full powers is  a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty.Before the start of the formal negotiations of a treaty, normally there is a reciprocal examination of the full powers in order to avoid any trouble resulting from negotiation with a representative, not duly authorized to negotiate. Through the conclusion of less formal agreements between the departments of two governments, the practice of production of full powers by states is now increasingly dispensed with.

Yanıt Açıklaması: The most important characteristic of the international personality of an entity is its treatymaking power. The treaty-making power of international governmental organizations is well entrenched in the United Nations practice. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations confirms that governmental organizations have the capacity to enter into treaties. Therefore, the correct option is B.

Yanıt Açıklaması: The International Criminal Court was established in 2002 to try individuals for crimes enlisted in the Rome Statute.

Yanıt Açıklaması: Erga omnes obligations [Latin: towards all] (in international law) Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole.

Yanıt Açıklaması: Judicial Application of General Principles Equity: In its broadest sense, equity is fairness. As a legal system, it is a body of law that addresses concerns that fall outside the jurisdiction of Common Law. It can be traced to England, where it began as a response to the rigid procedures of England’s law courts.

Yanıt Açıklaması: Dispositive treaties and constitutive treaties include treaties of cession, boundary treaties, treaties relating to international settlements, and treaties establishing special regimes.

Yanıt Açıklaması: Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences .

Yanıt Açıklaması: In order to have a claim over Statehood, an entity should have the capacity to enter into relations with other states and must be accepted so by others. This requirement is also the most important factor in granting recognition to a new entity. A state cannot fulfil this requirement unless it has independence.

Yanıt Açıklaması: SUBSIDIARY SOURCES OF INTERNATIONAL LAW Article 38 of the Statute of the International Court of Justice identifies two subsidiary means for the determination of rules of law: a) judicial decisions , b) the teachings of the most highly qualified publicists of the various nations.