Publıc Internatıonal Law I

Yanıt Açıklaması: The two most common ways of attaining nationality are: by descent from parents (jus sanguinis), by birth in the territory of the state (jus soli).

Yanıt Açıklaması: Pacta tertiis nec nocent nec prosunt: A treaty does not create either obligations or rights for a third state without its consent (Oxford Reference). Therefore, the correct option is A.

Yanıt Açıklaması: acta jure imperii

Yanıt Açıklaması: In the Corfu Channel case (Merits) (1949), the International Court of Justice (ICJ) held that Albania “is responsible under international law for the explosions which occurred in Albanian waters, and for the damage and loss of human life which resulted there from.”

Yanıt Açıklaması: The concept of human rights dates back to antiquity. One can find reference to rights in many national documents. The first reference of personal liberties is found in the Magna Carta of 1215 in England

Yanıt Açıklaması: Since the end of the Second World War, international responsibility of individuals in the criminal field has witnessed remarkable development. The Nuremberg and Tokyo trials, the establishment of the International Criminal Tribunals for Yugoslavia (1993) and Rwanda (1994), the Special Court for Sierra Leone (2002), and the establishment of International Criminal Court (2002) have established the responsibility of individuals for their criminal acts. The Spanish Zone of Morocco Claims is not one of these factors.

Yanıt Açıklaması: The act must have private motives

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 (along with the Convention on the Prevention and Punishment of Terrorism), consisting of five judges and five deputies to be elected by the Permanent Court of International Justice. The Convention failed to come into force due to lack of ratifications. Therefore, the attempt to establish the Court also failed. Therefore, the correct option is B.

Yanıt Açıklaması: Delicts jure gentium means "wrong against the Law of Nations."

Yanıt Açıklaması: The Kellogg-Briand Pact: A multilateral agreement condemning war. It grew out of a proposal by the French Premier, Aristide Briand, to the US government for a treaty outlawing war between the two countries.

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 (for example, piracy). Therefore, the correct option is D.

Yanıt Açıklaması: Ex proprio vigore: By their or its own force.

Yanıt Açıklaması: Alien: A person who, under the law of a particular state, is not a citizen of that state. Therefore, the correct option is A.

Yanıt Açıklaması: The international responsibility of a State results from an omission or commission of an internationally wrongful act. An internationally wrongful act of a state presupposes that there is a conduct consisting of an action or omission which (a) is attributable to the State under international law and (b) constitutes a breach of an international obligation of the State. Therefore, the correct option is B.

Yanıt Açıklaması: Marx regarded the natural law approach to human rights as idealistic and ahistorical. He saw nothing natural or inalienable about human rights. 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 people. As the conditions of life change, so the content of notions and ideas may change

Yanıt Açıklaması: The concept of human rights dates back to antiquity.

Yanıt Açıklaması: As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.

Yanıt Açıklaması: National treatment, that is, treatment equal to that given by the concerned state to its own nationals must be accorded to aliens.

Yanıt Açıklaması: As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction. Therefore, the correct option is C.

Yanıt Açıklaması: Under international law, certain degree of exemption and immunity from local jurisdiction is enjoyed by the following: • Foreign sovereigns and foreign states, • Foreign public ships, • Foreign armed forces, • International organizations, • Diplomatic representatives and consuls of foreign states. Therefore, the correct option is B.