Publıc Internatıonal Law I

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: State practice is fundamental to the formation of a custom. It is the material (objective) element of a custom. It is that the States are constantly and uniformly following that practice. But what amounts to a State practice and what constitutes a State practice may cover every activity of the State organs or officials in an international context. It may include treaties, diplomatic correspondence and relations, opinions of national legal advisers, national legislation, policy statements, press releases, official manual on legal questions, executive decisions and practices, decisions of international and national courts, and the practices of international organizations. State practice can be grouped into three categories as evidenced – (a) in the mutual relations among States, (b) in the practice of international organizations, and (c) the unilateral practices of States.

Yanıt Açıklaması: If the treaty is subject to ratification, acceptance, approval or accession, signature merely signifies that the delegates have agreed upon a text that will be referred to their governments for further action in the acceptance of the treaty. Therefore, the correct option is C.

Yanıt Açıklaması: The International Criminal Tribunal for the former Yugoslavia was one of the international criminal tribunals that were established to deal with crimes that resulted mainly from internal armed conflicts in 1993.

Yanıt Açıklaması: Modification is about inter-se agreements concluded between certain parties and it refers to varying the provisions of the treaty in their mutual relations.

Yanıt Açıklaması: Treaties (conventions) constitute the most important source of modern international law. Addressing the needs of modern international society and keeping pace with the changes in international relations make it imperative to develop international rules. This can be accomplished only through concluding treaties among nation States and not by the slow process of creating customary law.

Yanıt Açıklaması: Resolutions of the General Assembly are sometimes referred to as soft law , since they cannot be classified as full-fledged rules of international law such as international custom, treaties, or general principles of law. However, resolutions meet, to a great extent, the criteria to be termed as law . Soft law consists of written instruments that spell out rules of conduct that are not legally binding and do not generate the requisite opinio juris contributing to customary rules but that lay down the trend for the future development of law.

Yanıt Açıklaması: Recognizing this fact, Oppenheim’s latest definition reads, “States are the principal subjects of international law”.

Yanıt Açıklaması: Violation of domestic law, Error, Fraud and corruption of the state representative, and Coercion are among the reasons that might lead a treaty become invalid

Yanıt Açıklaması: International law was binding on the States because it was part of the law of nature. This idea can be clearly seen in the writings of Francisco de Vittoria (1480-1546), Francisco Suarez (1548-1617) and Alberico Gentilis (1552-1608).  However, it was Hugo Grotius (1583-1645) who secularized the concept of natural law while making a distinction between jus naturale and jus gentium. He based the law of nations on customs and treaties in addition to the law of nature. The law of nature, according to him, was the dictate of right and reason, not of divine prescriptions.

Yanıt Açıklaması: Andorra is an example of mini- (or micro-) states.

Yanıt Açıklaması: -A protectorate is always the creation of a treaty. It involves a certain measure of control, and a total or partial loss of sovereignty. In many cases, it has involved the loss of control of foreign relations and the disappearance of the protected state from the community of nations. -Three categories of mandates (A, B and C) were devised for those territories “according to the stage of their development”.

Yanıt Açıklaması: Non-positivists support the dualist theory primarily because of the empirical differences in the formal sources of the two systems.

Yanıt Açıklaması: Full powers is a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty (Art. 2(1)/c, Vienna Convention). Before the start of the formal negotiations of a treaty, normally there is a reciprocal examination of the full powers in order to avoid any trouble resulting from negotiation with a representative, not duly authorized to negotiate.

Yanıt Açıklaması: From formal sources, the law derives its authority or sanction.

Yanıt Açıklaması: As a general rule, individuals cannot sue states or be sued by states before an international tribunal, nor are individuals answerable to states at the international plane for failing to fulfill their obligations.

Yanıt Açıklaması: Human rights were for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights of 10 December 1948. The correct answer is A.

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; (d) the capacity to conclude treaties with states and international organizations (Starke 1989: 58). Certain entities is not one of those.

Yanıt Açıklaması: The Vienna Convention is limited to written treaties in the interest of clarity and simplicity,without denying the legal validity of oral agreements. An agreement, to be termed as a treaty, should be governed by international law and not by national law. Like terminology, international law does not prescribe any form or procedure for the making of a treaty, though the constitutional law of certain states prescribes both. Only the entities enjoying international legal personality can be parties to a treaty. Article 6 of the Vienna Convention provides that “every state possesses capacity to conclude treaties.”

Yanıt Açıklaması: In the constitutions of certain countries, international law is placed at par with municipal law, binding their citizens, such as in the constitutions of the United States of America (Art. VI, Para 2), France (Art.55 of the 1955 Constitution), and Germany (Art. 25 of the Basic Law).