Publıc Internatıonal Law I

Yanıt Açıklaması: The President, together with the First and Second Vice-Presidents, constitute the Presidency, which shall be responsible for: (a) the proper administration of the Court, with the exception of the Office of the Prosecutor; and (b) the other functions conferred upon it in accordance with this Statute.

Yanıt Açıklaması: Human rights differ from other rights in two respects. First, human rights are characterized by being: • Inherent in all human beings by virtue of their being humans; • Inalienable; • Equally applicable to all. Therefore, the correct option is C.

Yanıt Açıklaması: Article 1 of the Draft Articles reads that “every internationally wrongful act of a State entails the international responsibility of that State.” The Principle enshrined in Article 1 spells out a rule of customary international law.

Yanıt Açıklaması: Under customary international law, diplomatic missions have three functions to perform: • to protect the interests of the sending state and its nationals, • to negotiate with the government of the receiving state, and • to report about the conditions of the receiving state. Therefore, the correct option is D.

Yanıt Açıklaması: Marx regarded the natural law approach to human rights as idealistic and ahistorical. He saw nothing natural or inalienable about human rights. Concepts such as law, justice, morality, democracy, and freedom are considered historical categories whose contents are determined by the material conditions of and the social circumstances of a people. As the conditions of life change, so the content of notions and ideas may change”. While the focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society, conceiving human rights chiefly in a materialistic frame has been one of its significant weaknesses. Therefore, the correct option is D.

Yanıt Açıklaması: A State may be responsible for the conduct which is clearly in excess of authority if the official has used his/her official position. The Gustave Caire v. United Mexican States case (Caire case, 1929) concerned the murder of a French national by two Mexican officers. The Claims Commission held that the ultra vires acts of officials were attributable to the state and stated that “the two officers, even if they are deemed to have acted outside their competence, acted under cover of their status as officers and used means placed at their disposal on account of that status.” They must have acted in all appearance as competent officials or organs, as they must have used powers or methods appropriate to their official capacity

Yanıt Açıklaması: II.  They were limited in their objectives. III.They were related to certain minorities. IV. They were not extended to the rights of the individual.

Yanıt Açıklaması: I.  Aircraft hijacking II. Unlawful acts against the safety of civil aviation III. Trafficking in women and children IV.  ID fraught

Yanıt Açıklaması: The end of the Second World War heralded the constitution of international military tribunals to try war-related crimes. With the end of the Cold War in the early 1990s, the world also witnessed the establishment of international criminal tribunals that would deal with crimes resulted mainly from internal armed conflicts. Therefore, the correct option is B.

Yanıt Açıklaması: The local forum is more efficient than others

Yanıt Açıklaması: Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act.

Yanıt Açıklaması: Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it.

Yanıt Açıklaması: The diplomatic mission may come to an end in the following manners: Recall of the envoy Notification Persona non grata Armed conflict The object and the stipulated time of the mission

Yanıt Açıklaması: Equity and ‘Ex aequo et bono’ De lege ferenda means “future law” used in the sense of “what the law should be” or ought to be in future. Lex lata means “the law as it exists” (Oxford Index).

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

Yanıt Açıklaması: Whereas treaties, custom, and general principles of law are the main sources ofinternational law, judicial decisions and juristic work on international law fall into the category of subsidiary sources. Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.

Yanıt Açıklaması: The inviolability of public ships is based on the floating island theory, which considers a public vessel as a part of the territory of the flag state and subject to its jurisdiction only. However, the immunities of public ships are conditional; if there are serious breaches of the local law or if the flag state waives the immunities, the territorial state can exercise the jurisdiction. The correct answer is D.

Yanıt Açıklaması: Scholars started classifying human rights under “three generations.” The first generation consists of civil and political rights. The second generation consists of economic, social and cultural rights. The emphasis in both has been on the individual’s rights. t. However, in the 1970s, a “third generation” rights emerged. In contrast to the individual’s rights (i.e., the first two generations rights), these are collective or group rights such as the right to development, right to healthy human environment, right to peace, and right to self-determination.

Yanıt Açıklaması: A number of treaties incorporate the universality principle in a limited way regarding such issues as genocide, drug trafficking, trafficking in women and children, counterfeiting of currency, taking of hostages, torture, apartheid, attacks on diplomats, and hijacking . However, contrary to their being delicts jure gentium (which can be tried by all States), these crimes are dealt on the principle of aut punire, aut dedere . Accordingly, offenders are either to be punished by the state where they are found or to be surrendered to the state, which is competent and willing to exercise jurisdiction over them. However, slave trade is treated as "delicts jure gentium," and prosecuted on the basis of the universality principle. The correct answer is C.

Yanıt Açıklaması: Under international law, certain degree of exemption and immunity from local jurisdiction is enjoyed by the following: Foreign sovereigns and foreign states, Foreign public ships, Foreign armed forces, International organizations, Diplomatic representatives and consuls of foreign states. As a result, all of the statements are correct. The correct option is E.