Final Sınavı - Publıc Internatıonal Law I

Soru 1:

Which one of the following terms refers to the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused?

A) actus reus B) mens rea C) piracy D) counterfeiting E) trafficking

Soru 2:

Under which of the following principles, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory?

A) Passive Nationality Principle B) Active Nationality Principle C) Subjective Territorial Principle D) Objective Territorial Principle E) Universality Principle

Soru 3:

Which territory is not considered in Class C?

A) Nauru B) New Guinea C) South-West Africa D) Palestine E) Western Samoa

Soru 4:

Which of the followings focuses on the moral worth of the individual in terms of human rights?

A) Natural Law Theory. B) Positivism. C) The Marxist Approach. D) The Sociological Approach. E) The Modern Approach.

Soru 5:

Foreign sovereigns and foreign states Foreign armed forces International organizations Diplomatic representatives and consuls of foreign states Under international law, which of the above enjoys a certain degree of exemption and immunity from local jurisdiction?

A) I, II and III B) I, III and IV C) II, III and IV D) I, II and IV E) I, II, III and IV

Soru 6:

Which of the following one 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?

A) Ultra vires B) Forum C) Jurisdiction D) Protective principle E) Universality principle

Soru 7:

Which of the following is the first critical instrument of United Nations?

A) Virginia Declaration of Rights B) Bill of Rights C) Declaration of the Rights of Man and of the Citizen D) Universal Declaration of Human Rights E) European Convention of Human Rights

Soru 8:

Which of the following is NOT one of the classes which the convention divides the consuls into?

A) Consuls-general B) Consular premises C) Consuls D) Vice-consuls E) Consular agents

Soru 9:

In terms of criminal jurisdiction, which of the below refers to jurisdiction according to the national interest of the state injured by the offence?

A) Territorial principle B) Nationality principle C) Protective principle D) Universality principle E) Conflict of jurisdiction

Soru 10:

In which court case The Claims Commission held that the ultra vires acts of officials were attributable to the state?

A) The Gustave Caire v. United Mexican States case B) The United States Diplomatic and Consular Staff in Tehran case C) The Prosecutor v. Tadic case D) The Military and Paramilitary Activities in and against Nicaragua case E) The Hostages case

Soru 11:

To whom do the main duties deriving from human rights fall on?

A) To individuals B) To the states C) To United Nations D) To the international communitiy E) To international Human Rights Courts

Soru 12:

Which one of the below is NOT a principle for the basis of jurisdictional immunity?

A) An equal has no authority over an equal. B) The accepted rules of mutual conduct as between states C) The matters related to the acts, policy and transactions of a foreign state should not stand to scrutiny by the territorial state D) Implied grant of license to a foreign sovereign or state to visit or function within its territory E) The property of a foreign sovereign shall be immune from attachment and execution

Soru 13:

What is a `forum`?

A) The place or country where a case is being heard B) A group of selected people in an international case C) Two judges assigned from two different states D) The evaluation of a new international case by experts E) The set of rules followed in an international case

Soru 14:

Which of the following 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?

A) Nationality principle B) Territorial principle C) Protective principle D) Universality principle E) Conflict of jurisdiction

Soru 15:

Which of the followings refers to a state's jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory?

A) Subjective territorial principle. B) Active nationality principle. C) Protective principle. D) Passive nationality principle. E) Objective territorial principle.

Soru 16:

I. conditions for an act to qualify as internationally wrongful II. general defenses to liability. III. admissibility of claims. Which of the above are among the responsibilities of the Draft?

A) Only I B) Only II C) I and II D) II and III E) I, II and III

Soru 17:

Which of the following is NOT one of the differences between de facto and de jure ?

A) While de jure recognition is conditional and temporary, de facto recognition is formal and final. B) The diplomatic relations can be established with de jure entities only, and the representatives of de jure recognized entities alone are entitled to full diplomatic immunities and privileges. C) Only a de jure recognized régime can claim to receive property located in the territory of the recognizing state. D) Only a de jure state or government is entitled to espouse the cause of its citizens and exercise diplomatic protection for their injuries caused by the recognizing state. E) If a sovereign state grants independence to its dependency or creates a separate state out of its territory, then the new state can be recognized de jure only.

Soru 18:

Which one of the following approaches fails to explain how the rights are interrelated or what the priorities should be?

A) Natural Law Theory B) Positivism C) The Marxist Approach D) The Sociological Approach E) The Modern Approach

Soru 19:

The focal point of which approach is to recognize the contextuality of human rights in terms of the conditions of a society?

A) Natural Law Theory B) The Marxist Approach C) Positivism D) The Sociological Approach E) The Modern Approach

Soru 20:

The doctrine of "rebus sic stantibus" regarding termination and suspension of treaties implies that:

A) The operation of a treaty may be suspended for all the parties or for a particular party according to the express stipulations of the treaty or by mutual consent of all the parties at any time. B) Where a treaty is silent on the matter of termination, withdrawal or denunciation, normally no denunciation or withdrawal is possible. C) A treaty may be “impliedly repealed,” if all its parties conclude a new treaty relating to the samesubject matter, where it appears from the later treaty that the parties intended that the matter be governed by the new treaty, or its provisions are incompatible with the earlier treaty. D) Where a treaty is silent, a violation of a treaty by one party may give the right to other party to abrogate or suspend the performance of its obligations under the treaty. E) Treaties that are perpetual in nature and silent on the termination or withdrawal may be revoked because of vital changes in circumstances.