Publıc Internatıonal Law I

Yanıt Açıklaması: mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused

Yanıt Açıklaması: Active Nationality Principle: Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory.

Yanıt Açıklaması: -Class A comprised territories that were formerly part of the Ottoman Empire and were sufficiently advanced for their independence to be “provisionally recognized.” It was subject to the administrative advice and assistance of the Mandatory, “until such time as they were able to stand alone.” Except Iraq (Mandatory—Great Britain), which achieved early independence, all the territories under this category—Palestine and Transjordan (Mandatory—Great Britain), Syria and Lebanon (Mandatory—France) became independent only after the Second World War. -Class C mandates were the least-developed. Because of their sparse population or small size, or remoteness from the centers of civilization, or their geographical continuity to the territory of the Mandatory, they were administered under the laws of the Mandatory as integral portions of its territory. The territories concerned were: Nauru (Mandatory powers were Great Britain, Australia, and New Zealand), New Guinea (Mandatory—Australia), Western Samoa (Mandatory—New Zealand), Pacific Islands north of the Equator (Mandatory— Japan), South-West Africa (Mandatory—South Africa).

Yanıt Açıklaması: The natural law theory led to the natural rights theory, which is most closely associated with the modern concept of human rights. The chief exponent of this theory was John Locke. Natural rights theory emphasizes the moral worth of the individual. Therefore, the correct option is A.

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.

Yanıt Açıklaması: Ultra vires is described as 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.

Yanıt Açıklaması: The UN Charter, which has played the catalyst role in the human rights movement, does not give a definition of fundamental freedoms and human rights, nor does it provide any machinery to secure their observance. This task has been fulfilled by the subsequent United Nations instruments. The First critical instrument was the Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948. It defined expressly certain human rights and fundamental freedoms that need to be protected.

Yanıt Açıklaması: The Convention divides the consuls into four classes (Art. 9): a. Consuls-general, b. Consuls, c. Vice-consuls, d. Consular agents.

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

Yanıt Açıklaması: 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 (5 UNRIAA 516).

Yanıt Açıklaması: Human rights law imposes a responsibility on the state to respect and protect these rights and,the main duties deriving from human rights fall on states and their authorities or agents, not on individuals.

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 non-intervention, 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. "The customary international law rule that the property of a foreign sovereign shall be immune from attachment and execution, unless this immunity has been waived by the foreign sovereign expressly or impliedly." is a statement incorporated in Section 1609 of the 1976 Foreign Sovereign Immunities Act of the United States.

Yanıt Açıklaması: Forum [from Latin: public place]. The place or country in which a case is being heard (Martin, 2003: 210).

Yanıt Açıklaması: The nationality principle, 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.

Yanıt Açıklaması: Active Nationality Principle: Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory. A state may exercise civil or criminal jurisdiction over its nationals on the basis that the nationality is a mark of allegiance which the person, charged with the crime, owes to his state of nationality. Therefore, the correct option is B.

Yanıt Açıklaması: 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, admissibility of claims. As a result, all of the statements are true. The correct option is E.

Yanıt Açıklaması: While de facto recognition is conditional and temporary, de jure recognition is formal and final. The correct answer is A.

Yanıt Açıklaması: the sociological approach fails to explain how the rights are interrelated or what the priorities should be; “it does not answer the logical question of how a normative conclusion about rights can be derived empirically from factual premises such as having interests”

Yanıt Açıklaması: The focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society.

Yanıt Açıklaması: Treaties that are perpetual in nature and silent on the termination or withdrawal may be revoked because of vital changes in circumstances. This is based on the principle, traditionally known as conventio omnis intelligitur rebus sic stantibus, that is, treaties are concluded under the tacit condition rebus sic stantibus (literally means “things remaining as they are”). The principle is an express or implied term in every treaty.