Publıc Internatıonal Law I

Yanıt Açıklaması: McNair defines treaty as “a written agreementby which two or more states or international organizations create or intend to create a relation between themselves, operating within the sphere of international law” (McNair, 1961).

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 mandate system is now a dying species. In none of these cases was sovereignty transferred to the Mandatory.  The Mandatories under all categories were given only the administrative powers and responsibilities that varied according to the mandate category. Class A comprised territories that were formerly part of the Ottoman Empire and were sufficiently advanced for their independence to be “provisionally recognized.” It was subject to the administrative advice and assistance of the Mandatory, “until such time as they were able to stand alone.” Class B consisted mainly of territories of Central Africa that were still in the process of economic and political development. The Mandatory was responsible for their administration, subject to a variety of guarantees and was under the obligation to allow trading opportunities to other League members. Class C mandates were the least-developed. Because of their sparse population or small size, or remoteness from the centers of civilization, or their geographical continuity to the territory of the Mandatory, they were administered under the laws of the Mandatory as integral portions of its territory.

Yanıt Açıklaması: The condition required for international law to become supreme over municipal law is when the state breaches its international obligations, pre-agreed either explicitly or implicitly.

Yanıt Açıklaması: John Austin (1790-1859) was not only a strong critic of international law but also the chief protagonist of the view that international law is not true law.

Yanıt Açıklaması: Opinio juris sive necessitatis is the belief that an action was carried out because it was a legal obligation

Yanıt Açıklaması: Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty.

Yanıt Açıklaması: A party to a treaty may be discharged from its obligations, or a treaty may be terminated due to a supervening impossibility. This may result from “the permanent disappearance or destruction of an object indispensable for the execution of the treaty.”

Yanıt Açıklaması: The Frontier Dispute case confirms that the principle of self-determination now forms part of the customary international law.

Yanıt Açıklaması: Resolutions and Declarations of the UN General Assembly are other possible sources of international law.

Yanıt Açıklaması: The “context” has been used in a wider sense, including the background of the treaty and not confined merely to the text of the treaty. In addition to the text, the context for the purpose of the interpretation of a treaty shall comprise, including its preamble and annexes, any agreement relating to the treaty made between all the parties in connection with the conclusion of the treaty. It will also include any instrument that was made by one or more parties in connection with the conclusion of the treaty and accepted by other parties

Yanıt Açıklaması: Ex aequo et bono means what is just and fair or according to equity and good conscience.

Yanıt Açıklaması: The 1946 Convention on Privileges and Immunities of the United Nations

Yanıt Açıklaması: State interactions with other nations in the form of diplomatic correspondence, press releases, bilateral treaties, memorandums of understanding,acts or declarations by statesmen etc. constitute evidence of practices of States followed in the sphere of international relations. A uniform practice among nations on a particular aspect leads to the formation of a customary rule. Rules may also evolve as a result of positive statements, interaction of rival claims, or the acquiescence in or tolerance of the other’s claim.

Yanıt Açıklaması: Irrespective of the form or terminology of a particular instrument, one of the characteristics that an agreement should have to be considered as a treaty is that it should be embodied in a written instrument between two or more entities.

Yanıt Açıklaması: According to the dualist theory, international law and municipal law operate on different levels. While international law regulates mainly the relations and obligations between sovereign States, municipal law operates and regulates the relations and obligations of individuals within a State.

Yanıt Açıklaması: In order to avoid a situation of non-lique, (i.e., no law exists or law is silent on the issue), Article 38 paragraph (2) empowers the Court “to decide a case ex aequo et bono if the parties agree thereto”. Ex aequo et bono means what is just and fair or according to equity and good conscience. Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. A decision-maker who is authorized to decide ex aequo et bono is not bound by legal rules but may take account of what is just and fair.

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 ofanother 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. The correct answer is C.

Yanıt Açıklaması: A reservation is a unilateral statement made by a state at the time of signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state (Art. 2(1)/d). The object of a state making the reservation is to alter its obligations with regard to other parties. A declaration in the nature of interpretation of certain provisions in a particular way, which does not vary the obligations of that signatory vis-a-vis other signatories, is not a true reservation.

Yanıt Açıklaması: The Central Commission for Navigation on the Rhine is the first example of an international organization established in 1815 by the Congress of Vienna.