Publıc Internatıonal Law I

Yanıt Açıklaması: In 1972, the General Assembly Resolution 2908 (XXVII) extended the ambit of the principle of selfdetermination to “freedom movements,” targeted against foreign subjugation. The Resolution 1514, however, proposes the application of the right of self-determination within the existing colonial boundaries. The Frontier Disputes case (1986) between Burkino Faso and Mali confirms that the principle of self-determination now forms part of the customary international law. In Africa particularly, it is subject to the principle of uti possidetis in accordance with Paragraph 6 of the Resolution, which states “any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the Purposes and Principles of the Charter of the United Nations.” Therefore, the correct option is A.

Yanıt Açıklaması: Distress operates to excuse the wrongfulness of an act if the author of the act had “no other reasonable way, in a situation of distress, of saving the author’s life or the lives of other persons entrusted to the author’s care”. The wrongfulness of the conduct is precluded in circumstances where the state agent had no other reasonable way of saving life. Thus, defense is limited to cases where human life is at stake. Therefore, the correct option is D.

Yanıt Açıklaması: For a practice to crystalize as a custom, it does not need to pass the test of universal acceptance. It is enough to show that the majority of States have accepted a particular practice. For example, in the matters related to maritime law, the practice of the United Kingdom and the United States is of special importance, just like the practice of the United States and Russia is significant in the law relating to outer space.

Yanıt Açıklaması: Nullum crimen sine lege (no crime without law), i.e., a person shall not be criminally responsible unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

Yanıt Açıklaması: There are three important elements regarding state responsibility: attribution (imputability), breach (causation), and the absence of any valid justification or legal excuse. The respondent state may justify its action by claiming self-defense or force majeure (superior or irresistible force) for its non-performance.

Yanıt Açıklaması: A person who, under the law of a particular state, is not a citizen of that state is called alien. The correct answer is A.

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. Therefore, the correct option is E.

Yanıt Açıklaması: A diplomatic agent is exempt from all dues and taxes. The agent, however, is liable to pay: A. Indirect taxes, such as sales tax or service charges; B. Dues and taxes on private immovable property situated in the territory of the receiving state such as house tax; C. Estate, succession or inheritance duty, levied by the receiving state; D. Tax on income having its source in private investments in commercial undertaking in the receiving state; E. Charges levied for specific services rendered such as road tax. All fo the statements are correct. The correct option is E.

Yanıt Açıklaması: The first generation consists of civil and political rights, mainly based on natural rights philosophy of the eighteenthcentury thinkers such as Locke and Rousseau. The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century. The emphasis in both has been on the individual’s rights. The Universal Declaration of Human Rights, which is the embodiment of the rights of both these generations, attaches equal importance to political and economic rights and consider them as interdependent. However, 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. They are enshrined in the 1986 Declaration on the Right to Development.

Yanıt Açıklaması: Diplomatic protection is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted. Such protection extends to both natural and legal persons.

Yanıt Açıklaması: A party to a treaty may be discharged from its obligations, or a treaty may be terminated due to several reasons except for the use of force.

Yanıt Açıklaması: Prescriptive principle

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. Therefore, the correct option is A.

Yanıt Açıklaması: Conduct attributable to the state may consist of actions or omissions. For a particular conduct to be characterized as an internationally wrongful act, it must first be attributable to the state to create its responsibility either generally or specifically in certain circumstances.

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 befound there • To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time.

Yanıt Açıklaması: The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The territorial principle determines jurisdiction by reference to the place where the offence is committed.

Yanıt Açıklaması: The panel of judges consisted of representatives from the Soviet Union, the United States, the United Kingdom, and France.

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

Yanıt Açıklaması: The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court.

Yanıt Açıklaması: The Draft Articles established: Admissibility of claims Consequences of liability General defenses to liability Conditions for an act to qualify as internationally wrongful