Publıc Internatıonal Law I

Yanıt Açıklaması: 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. The correct answer is B.

Yanıt Açıklaması: In the Hostages case (1980), Iran was held to have breached its obligation to protect the embassy and consular premises and personnel, even prior to its adoption of the acts of the occupying students.

Yanıt Açıklaması: Active Nationality Principle: Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory. Therefore, the correct option is C.

Yanıt Açıklaması: The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that: 1. The state where the crime is committed generally has the strongest interest in punishing the criminal; 2. The local forum is the most convenient one, since the witnesses and other facilities are most probably available there; 3. The offender is most likely to be found there, 4. To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time. As a result, all of the statements are correct. The correct option is E.

Yanıt Açıklaması: The Charter of these tribunals had four countsbof offences: • Crimes against peace, i.e., beginning a war of aggression by planning, preparation or initiation, or in violation of treaties, such as the Hague Conventions of 1899, 1907, the Treaty of Versailles, violation of Mutual Non-aggression Pact by Germany with France, Belgium and Poland, and the 1928 Kellogg-Briand Pact. • War crimes, i.e., crimes under the laws of war, which included violation of customary and conventional rules and regulations relating to warfare. • Crimes against humanity, i.e., inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories. • Conspiracy to commit these crimes.

Yanıt Açıklaması: An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty.

Yanıt Açıklaması: European States claim to have laid the foundations of the practices and rules to regulate these relations. The body of rules that governed their relations were named the law of nations and subsequently also known as international law. It has also been termed as transnational law. These rules, however, were not confined to European States only. Even in ancient Mesopotamia, Egypt, and ancient India the rulers followed certain well-accepted rules in their mutual relations such as the inviolability of the messengers of another state and rules of warfare. However, the present corpus of international law is primarily Euro-centric.

Yanıt Açıklaması: exequatur: A certificate issued by a host state that admits and accords recognition to the official status of a consul, authorizing him to carry out consular functions in that country. The sending state grants the consular official a commission or patent, which authorizes the consul to represent his state’s interests within the host state

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 B.

Yanıt Açıklaması: -State responsibility is not based upon delict (wrong or misdemeanor) in the municipal sense. -In the matter of primary rules, state responsibility arises for the breach of any obligation owed by a state under international law. -State responsibility, however, has also been debated by many scholars with regard to the treatment of aliens.

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.

Yanıt Açıklaması: The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The nationality principle 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. The correct answer is B.

Yanıt Açıklaması: Consuls are the representatives of their state in a foreign country.

Yanıt Açıklaması: The ICC consists of 18 judges.

Yanıt Açıklaması: actus reus (guilty act): action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused. Therefore, the correct option is B

Yanıt Açıklaması: Distress operates to excuse the wrongfulness of an act if the author of the act had “no other reasonable way, in a situation of distress, of saving the author’s life or the lives of other persons entrusted to the author’s care” (Art. 24). The wrongfulness of the conduct is precluded in circumstances where the state agent had no other reasonable way of saving life.

Yanıt Açıklaması: Juristic person (artificial person). An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person. Therefore, the correct option is D.

Yanıt Açıklaması: The person of a sovereign is exempt from arrest or detention within a foreign territory. This exemption extends to the foreign troops (under license), the diplomatic agents, and other representatives of the foreign sovereign. The legislative, administrative, and executive acts of the foreign state and its agents cannot be called into question by the territorial state. The exemption also extends to property within the territory of the state of the forum. State immunity and sovereign immunity, are often times used interchangeably.

Yanıt Açıklaması: The important aspect in the exercise of jurisdiction by the ICC is that it is complementary to the national criminal justice systems. The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute. The ICC does not replace the national courts. On the contrary, national courts enjoy priority over the ICC.

Yanıt Açıklaması: The Council of Europe is composed of four principal bodies: the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe, and the Secretariat. The Committee of Ministers is composed of the foreign ministers of all Council members. The Parliamentary Assembly is a deliberative body composed of members of the national parliaments of each member state. The Congress of Local and Regional Authorities of Europe is a consultative body that represents local and regional governments within the Council. The Secretariat serves the main organizations within the Council.