Final Sınavı - Publıc Internatıonal Law I

Soru 1:

Which one of the following statements is not true?

A) Consular officers shall be liable to arrest or detention in the case of a grave crime. B) Consular officers shall be committed to prisonin execution of a judicial decision of final effect. C) If criminal proceedings are instituted against a consular officer, he does not need to appear before the competent authorities. D) Consular officers may be sentenced to imprisonment in the case of grave crime. E) When a consular officer is detained, the proceedings against him should be instituted with the minimum delay.

Soru 2:

Which of the followings is the aspect on which the third generation of human rights mainly focuses?

A) Political rights. B) Supporting the developing countries. C) Natural rights philosophy of the eighteenthcentury thinkers. D) Social and cultural rights. E) Individual’s rights.

Soru 3:

Which one of the following cases occured between France and New Zealand on July 10, 1985?

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

Soru 4:

When the State practice is either ambiguous, non-existent, sparse, or contradictory, which of the followings get involved in determining the rules of law?

A) States B) International organizations C) Lawyers D) Courts E) Compositeur

Soru 5:

I. An act brought about by an irresistible force, II. Under the control of the State concerned, III. Material impossibility. Which of the elements listed above makes force majeure available as a defense?

A) I, II & III. B) I & III. C) I & II. D) II & III. E) Only III.

Soru 6:

Which of the following is defined as 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) Lex comissoria D) Ultra vires E) Quilty act

Soru 7:

Which one of the following terms involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act?

A) restitution B) status quo ante C) reparation D) cessation E) non-repetition

Soru 8:

Which of the following is NOT among the "circumstances precluding wrongfulness" according to the Draft of Articles?

A) Consent B) Economic regression C) Countermeasures D) Distress E) Necessity

Soru 9:

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

A) Active Nationality Principle B) Passive Nationality Principle C) Extradition D) Sovereign Immunity E) State Immunity

Soru 10:

What Jeremy Bentham and John Austin believed in as proponents of positivism?

A) hey believed in basic rights of society. B) They believed in the social circumstances of a people. C) They believed an obligation to refrain from violating human rights. D) They believed in freedom and equality. E) They believed inthenatural rights of society.

Soru 11:

For what reason may a consent break down?

A) Consent may be vitiated by in conflict with a peremptory norm of general international law. B) Consent may be vitiated by error, fraud, corruption, or coercion. C) Consent may be vitiated by wrongful act. D) Consent may be caused breach of the obligation. E) Consent may be vitiated by harming to another state or person.

Soru 12:

What do you mean by self-defense?

A) Obligations for the protection of fundamental human rights. B) Obligations of a humanitarian character prohibiting reprisals C) Self-defense precludes the wrongfulness of the conduct taken within the limits laid down by international law. D) Effect of rendering certain conduct lawful include military action on the territory of another state. E) Obligations under peremptory norms of general international law

Soru 13:

Which approach/theory led to the emergence of group rights?

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

Soru 14:

Which of the following historical documents has the first reference of personal liberties?

A) Magna Carta. B) US Bill of Rights. C) French Declaration of the Rights of Man and of the Citizen. D) English Bill of Rights. E) Virginia Declaration of Rights.

Soru 15:

"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." Which approach/theory is summarized above?

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

Soru 16:

Which of the following is defined as “the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations”?

A) Act of aggression B) Differentiated approach C) The crime of aggression D) Genocide E) Crimes Against Humanity

Soru 17:

According to Article 13 of the Charter, whose duty is it to initiate studies and make recommendations for “the realization of human rights and fundamentalfreedoms for all without distinction as to race, sex, language or religion”?

A) UN Economic and Social Council B) League of Nations C) UN General Assembly D) European Social Charter E) The African Charter on Human Rights and Peoples’ Rights

Soru 18:

It is the procedure employed by the State of nationality of the injured person to secure protection of that person. What is the term described above?

A) Breach of international obligation B) Diplomatic protection C) Culpa D) Ratione temporis E) Continuing wrongful act

Soru 19:

Which of the following is true for The European Court of Human Rights?

A) Sits in a two-judge formation B) Sits in committees consisting of five judges C) Sits in chambers of seven judges D) Sits in a Grand Chamber of nineteen judges E) The state party’s judge sits as a member of the Court

Soru 20:

Protection of the interests of the sending state and its nationals Negotiation with the government of the receiving state Report about the conditions of the receiving state Under customary international law, which functions do diplomatic missions have to perform?

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