Publıc Internatıonal Law I

Yanıt Açıklaması: The term “human rights,” fulfils two different but consistent functions: (1) the phrase ‘universal human rights’ is used to assert that universal norms of standards are applicable to all human societies. (2) The idea of human rights is used to affirm that all individuals, solely by virtue of being humans, have moral rights which no society or state should deny.

Yanıt Açıklaması: The Committee on the Elimination of Discrimination against Women

Yanıt Açıklaması: According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Yanıt Açıklaması: The core legal consequences for the responsible state on the commission of an internationally wrongful act are twofold: to cease the wrongful conduct (Art. 30) and to make full reparation for the injury caused by the internationally wrongful act (Art. 31). Injury includes any damage, whether material or moral, caused by the internationally wrongful act of a state. These consist of cessation, non-repetition, restitution, compensation, and satisfaction.

Yanıt Açıklaması: In order to bring uniformity in the state practice, in 2004 the UN General Assembly adopted the Convention on Jurisdictional Immunities of States and Their Property (not in force yet). The Convention “applies to the immunity of a State and its property from the jurisdiction of the courts of another State” (Art. 1).

Yanıt Açıklaması: It has found wide support among jurists, and the chief exponent of this theory was Bynkershoek. Other jurists such as Zorn, Triepel and Anzilotti later defended the theory, though with some refinements.

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, and • admissibility of claims. Therefore, the correct option is C.

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

Yanıt Açıklaması: International criminal law is relatively a new branch of international law.

Yanıt Açıklaması: When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.

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. Second, the nationality principle , which 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. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime.

Yanıt Açıklaması: Judicial Application of General Principles Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other (Martin, 2003: 483).

Yanıt Açıklaması: For the existence of a state, it is enough that this territory has a sufficient consistency, even though its boundaries may not have been precisely defined or delimited.

Yanıt Açıklaması: The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The universality principle provides jurisdiction by reference to the nature of the crime (for example, piracy). The correct answer is D.

Yanıt Açıklaması: After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632-1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States. The correct answer is D.

Yanıt Açıklaması: The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses): • Consent (Art. 20), • Self-defense (Art. 21), • Countermeasures (Art. 22), • Force majeure (Art. 23), • Distress (Art. 24), • Necessity (Art. 25) Therefore, the correct option is D.

Yanıt Açıklaması: Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act. The correct answer is E.

Yanıt Açıklaması: There are three main approaches to treaty interpretation: • Textual (ordinary meaning of the words) • The intention of the parties • Teleological (the object and purpose of the treaty).

Yanıt Açıklaması: The attempts to establish an international permanent criminal court started by the Committee of Jurists in 1920 to try crimes against international public order and the universal law of nations. The League of Nations drafted a Convention for the Creation of an International Criminal Court in 1937. Therefore, the correct option is E.

Yanıt Açıklaması: Under customary international law, diplomatic missions have three functions to perform: I. to protect the interests of the sending state and its nationals, II. to negotiate with the government of the receiving state, III. to report about the conditions of the receiving state. As a result, all three statements are correct. The correct option is E.