Publıc Internatıonal Law I

Yanıt Açıklaması: Self-defense precludes the wrongfulness of the conduct taken within the limits laid down by international law. Article 21 of the Draft Articles states: “The wrongfulness of an act of a State is precluded if the act constitutes a lawful measure of self-defense taken in conformity with the Charter of the United Nations.” The correct answer is B.

Yanıt Açıklaması: I.   Equally applicable to all II.  Inherent in all human beings by virtue of their being humans IV. Fundamental and inalienable rights

Yanıt Açıklaması: Describing an act by a public authority, company, or other body that goes beyond the limits of the powers conferred on it. Ultra vires acts are invalid. The ultra vires doctrine applies to all powers, whether created by statute or by a private document or agreement. The correct option is D.

Yanıt Açıklaması: waiver: 1. The act of abandoning or refraining from asserting a legal right. 2. The instrument that declares the act of waiving (Martin, 2003: 532).

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 Therefore, the correct option is B.

Yanıt Açıklaması: Actus reus refers to the action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

Yanıt Açıklaması: Letter of credence (lettre de créance): A formal document by which the head of an accredited state presents its newly appointed diplomatic agent to the head of state of the host country. The correct option is B.

Yanıt Açıklaması: The first reference of personal liberties is found in the Magna Carta of 1215 in England. Other notable references prior to the 19th century are the 1776 Virginia Declaration of Rights and the 1789 French Declaration of the Rights of Man and of the Citizen.

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, 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 injured 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). Defensive principle is not one of these general principles.

Yanıt Açıklaması: According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad. 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. Therefore, the correct option is D.

Yanıt Açıklaması: In the absence of any provision in the constitution to the contrary, the treaty-making power resides in the Head of a State.

Yanıt Açıklaması: 10 December 1948

Yanıt Açıklaması: Article 36 of the Rome Statute outlines the qualifications and procedure of election of the judges of the Court. The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase. Therefore, the correct option is D.

Yanıt Açıklaması: Alien is defined as a person who, under the law of a particular state, is not a citizen of that state

Yanıt Açıklaması: Force majeure as a defense is available only where the following three elements are met: I. the act in question must be brought about by an irresistible force or by an unforeseen event, II. which is beyond the control of the State concerned, III. which makes it materially impossible in the circumstances to perform the obligation. Therefore, all the statements are true. The correct answer is E.

Yanıt Açıklaması: I. An individual can make the application directly to the Court II. The Court adjudicates the contentious cases between the states on the unlawful use of force IV. The final judgment of the Court is transmitted to the Committee of Ministers

Yanıt Açıklaması: In 2001, the UN General Assembly adopted the Draft Articles on Responsibility of States for Internationally Wrongful Acts (the Draft Articles), prepared by the International Law Commission (ILC).

Yanıt Açıklaması: The idea of basic rights originated from the need to protect the individual against the arbitrary use of state power. Human rights in this category are generally referred to as fundamental freedoms. The core element of such rights is universal and consists of freedom, equality, and liberty.

Yanıt Açıklaması: According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad. Therefore, the correct option is A.

Yanıt Açıklaması: In criminal matters also, the “substantial connection” between the alleged offender or the offence with the state exercising jurisdiction is necessary. 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 injured 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). Therefore, the correct option is A.