Publıc Internatıonal Law I

Yanıt Açıklaması: After the disintegration of the Socialist Federal Republic of Yugoslavia, the new federation of Yugoslavia, consisting of Serbia and Montenegro, was expelled from the United Nations in September 1992 because of its continuing violation of the Charter principles.

Yanıt Açıklaması: A treaty becomes void if its conclusion was procured by the threat or use of force in violation of the principles of the UN Charter. Coercion can be of a state’s representative (Art. 51) or of a state (Art. 52). The use of coercion against the representative of a state for the purposes of procuring the conclusion of a treaty would be a serious matter that is sufficient to declare the treaty devoid of any legal consequence. In practice, sometimes it becomes difficult to make a distinction between the coercion directed at a state or its representative. The correct answer is B.

Yanıt Açıklaması: The terms like declarations, agreements, modus vivendi or joint communiqué are common to both formal and less formal types of agreements.

Yanıt Açıklaması: Countermeasures are unilateral measures adopted by a State (the ‘injured State’) in response to the breach of its rights by the wrongful act of another State (the ‘wrongdoing’ or ‘target’ State) that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State (Oxford Public International Law). Audi alteram partem: Hear the other side (let the other side be heard as well). Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist.

Yanıt Açıklaması: Jus cogens literally means “compelling law.” It designates norms from which no derogation is permitted by way of particular agreements. It stems from the idea already known in Roman law that certain legal rules cannot be contracted out

Yanıt Açıklaması: Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist. The correct answer is B.

Yanıt Açıklaması: Judicial decisions and juristic work on international law fall into the category of subsidiary sources.

Yanıt Açıklaması: War and the use of force had historically constituted the legal means for enforcing international law and settling disputes between States. However, with the coming into force of the United Nations Charter, the use of force has been made illegal, with the exceptions to defeat armed aggression, to maintain or restore international peace, and to resort to the inherent right of individual or collective self-defense under Chapter VII of the Charter. The process to outlaw war was initiated by the Kellogg-Briand Pact of 1928, without, however, putting anything certain or definite in its place for the enforcement of international rights and obligations generally, or of international law as such.

Yanıt Açıklaması: Hugo Grotius is often referred to as the father of the law of nations. The correct answer is E.

Yanıt Açıklaması: Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.

Yanıt Açıklaması: General and Particular Treaties Treaties have been classified into “general” and “particular”, as is done in Article 38(l)(a) of the Statute of the ICJ. A convention may be general either because of the number of parties (as being accepted by a large number of States), or because of the nature of its contents (which is of universal importance).

Yanıt Açıklaması: Piracy (piracy jure gentium): Any illegal act of violence, detention, or robbery committed on a private ship for personal gain or revenge, against another ship, people, or property on the high seas. Piracy may also be committed on or against an aircraft

Yanıt Açıklaması: The term “subjects of international law” means: (a) an incumbent of rights and duties under international law; (b) the holder of procedural privilege of prosecuting a claim before an international tribunal; (c) the possessor of interests for which provision is made by international law; and (d) the capacity to conclude treaties with states and international organizations (Starke 1989: 58).

Yanıt Açıklaması: Monism regards that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals. The correct answer is B.

Yanıt Açıklaması: The concepts of amendment, revision, and modification connote the process of altering the provisions of treaties. Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty. The correct answer is A.

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. After the Second World War, there has been a tremendous growth in the number of international organizations. Such organizations may be either universal (such as the UN and the ILO) or regional (such as the European Union and the African Union). International organizations are established by treaties and their international personality can be ascertained by looking at their constitutions.

Yanıt Açıklaması: For Statehood, “the existence of a permanent population is naturally required and there is no specification of a minimum number of inhabitants, as examples such as Nauru and Tuvalu demonstrate”. However, the lack of a permanent population (i.e., the shifting element in population such as the nomad tribes on the KenyanEthiopian border), or non-existence of fixed boundaries are not enough to affect the existence of a state. The State practices as well as the judicial and arbitral decisions have clearly establish that it is not necessary for an entity to have exactly defined or undisputed boundaries to be a state either at the time when it comes into existence or subsequently. Therefore, the correct option is B.

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 terms treaty, pact, charter, constitution, statute, convention, General Act, Final Act (when it is an independent instrument) are generally used for formal instruments of multilateral character. The terms such as memorandum of understanding, procés vérbal, arrangement, exchange of notes are used for less formal instruments and generally related to transactions of provisional or temporary nature.

Yanıt Açıklaması: Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty: • it should be embodied in a written instrument between two or more entities; • those entities should be endowed with international personality; and • it should be governed by international law