Publıc Internatıonal Law I

Yanıt Açıklaması: human rights are characterized by being: •Inherent in all human beings by virtue of their being humans; • Inalienable; • Equally applicable to all

Yanıt Açıklaması: Human rights are characterized by being: Inherent in all human beings by virtue oftheir being humans; Inalienable; Equally applicable to all.

Yanıt Açıklaması: Alien: A person who, under the law of a particular state, is not a citizen of that state. Therefore, the correct option is E.

Yanıt Açıklaması: In determining the responsibility of a state, it is necessary to establish that the given conduct attributable to a state constitutes a breach of its international obligations. “There is a breach of an international obligation by a state when an act of that state is not in conformity with what is required by that obligation, regardless of its origin or character”. Therefore, the correct option is C.

Yanıt Açıklaması: States conduct diplomatic functions in the territory of the receiving State with its specific permission. This entitles diplomatic missions and their staff to certain privileges and immunities and enables them to function smoothly. Immunities that a diplomatic agent enjoys are as follows: • Right to travel freely in the territory of the receiving state, subject to the condition that he cannot go to the prohibited area that is important for the national security of the receiving state (Art. 26); • Freedom of communication for official purpose (Art. 27); • Exemption from social security provisions in force in the receiving state, except in case of servants for whom he must comply with the social security legislation as an employer (Art. 33); • Immunity from local and military obligations (Art. 35).

Yanıt Açıklaması: In the 1970s , a “third generation” rights emerged with the predominant support of the developing countries. 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 person who, under the law of a particular state, is not a citizen of that state is called an "alien".

Yanıt Açıklaması: Jurisdiction ratione temporis (temporal jurisdiction) refers to the jurisdiction of a court of law over a proposed action in relation to the passage of time. Therefore, the correct option is A.

Yanıt Açıklaması: At the regional level, such conventions have been adopted: • the European Convention on Human Rights, 1950, • the European Social Charter, 1961, • the American Convention on Human Rights, 1969, • the African Charter on Human Rights and Peoples’ Rights, 1981, • the Revised Arab Charter on Human Rights, 2004.

Yanıt Açıklaması: Juristic person (artificial person). An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person. Therefore, the correct option is A.

Yanıt Açıklaması: The Charter of these tribunals had four counts of offences: • Crimes against peace, • War crimes, • Crimes against humanity, • Conspiracy to commit these crimes. Therefore, the correct option 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. Policymakers are not granted such immunity under international law. The correct answer is E.

Yanıt Açıklaması: Genocide, drug trafficking, trafficking in women and children, counterfeiting of currency, taking of hostages, torture, apartheid, attacks on diplomats, and hijacking are considered international crimes. 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.

Yanıt Açıklaması: The second generation of human rights consists of cultural rights.

Yanıt Açıklaması: Several principles are quoted as the basis of jurisdictional immunity: a. Par in parem non habet imperium, i.e., an equal has no authority over an equal. b. The principle of non­intervention, i.e., the matters related to the acts, policy and transactions of a foreign state should not stand to scrutiny by the territorial state, lest it would amount to intervention in the internal matters of another state. c. Rule of comity or reciprocity, i.e., the accepted rules of mutual conduct as between states, which each state adopts in relation to other states and expects other states to adopt in relation to itself. It may otherwise be considered as an unfriendly act. d. Implied grant of license to a foreign sovereign or state to visit or function within its territory signifies immunity and imposes an implied obligation on the territorial state not to derogate from such a grant. Therefore, the correct option is C.

Yanıt Açıklaması: The first example of an international organization is the Central Commission for Navigation on the Rhine (CCNR), which was created in 1815 by the Congress of Vienna.

Yanıt Açıklaması: The role of harm or damage in state responsibility is also a debatable subject. As evident from the Draft Articles, there is no general requirement of harm or damage before the State responsibility is actually laid down. In certain situations, mere breach of an obligation is enough to give rise to the responsibility of the state such as a minor infringement of the inviolability of an embassy or a consular mission. On the other hand, in trans-boundary environment pollution cases, such as river pollution, the actual damage needs to be established to fix the state responsibility.

Yanıt Açıklaması: In attributing responsibility to a state for the breach of an international obligation, fault or culpa is a debatable issue. Therefore, the correct option is E.

Yanıt Açıklaması: The International Court of Justice (ICJ) is the only international court to adjudicate all kinds of inter-State disputes. However, it lacks universal compulsory jurisdiction for settling disputes. The jurisdiction of the Court is consensual and it lacks real power to enforce its decisions.

Yanıt Açıklaması: The governing principles are that: the state is responsible for its own acts, i.e., the acts of its organs or agents. the state is not responsible for the acts of private parties, unless these acts can be attributed to the state due to special circumstances. As a result, only the first two sentences are correct. The correct option is C.