Publıc Internatıonal Law I

Yanıt Açıklaması: Piracy (piracy jure gentium): Any illegal act of violence, detention, or robbery committed on a private ship for personal gain or revenge, against another ship, people, or property on the high seas. Piracy may also be committed on or against an aircraft (Martin, 2003: 367).

Yanıt Açıklaması: Amiable compositeur under international law refers to an unbiased third party, who suggests solution to a dispute between countries. An amiable compositeur acts as a conciliator or a mediator rather than a decision-maker in a dispute. An amiable compositeur is also not bound to apply strict rules of civil procedure and substantive law.

Yanıt Açıklaması: The Estrada doctrine laid down that it is the duty of a state to continue diplomatic relations with states without regard to revolutionary changes

Yanıt Açıklaması: From formal sources, the law derives its authority or sanction; and from material sources, the law derives its content or subject matter. Thus, a rule will be legally binding if it fulfils the requirements of a custom, which is a formal source of international law.

Yanıt Açıklaması: International law has gone through major changes after World War II with the help of UN, IMF, WHO and IBRD. However IOM is a newly established international institution with a little effect on qualitative side of international law.

Yanıt Açıklaması: According to the traditional approach, a state making reservation (the reserving state) can do so only with the consent of other contracting parties. The application of this principle is not difficult in the case of a bilateral treaty or with limited membership

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. In spite of common features possessed by protectorates under international law, they had individual legal characteristics resulting from the special conditions under which they were created and from the level of their development. However, these arrangements cannot be termed as treaties, since the local rulers did not enjoy an international personality necessary to conclude a treaty.

Yanıt Açıklaması: The most important characteristic of the international personality of an entity is its treatymaking power. The treaty-making power of international governmental organizations is well entrenched in the United Nations practice.

Yanıt Açıklaması: Accession, adhesion or adherence is a method by which a state becomes a party to a treaty of which it is not a signatory. Under the earlier practice, accession could be made only after the treaty had come into force. According to present practice, a non-signatory state may accede before or after the treaty has come into force.

Yanıt Açıklaması: The term ‘source’ articulates what the law is and where it can be found. In developed legal systems, sources may be readily identifiable in the form of legislation and judicial decisions. However, sources of international law are not as explicit and accessible as those of municipal law, nor is the machinery for their identification comparable to municipal law. The concept of ‘sources of international law’ faces many conceptual difficulties. Jurists of international law do not agree on the very concept of “source.” They evaluate it from their doctrinal philosophy regarding the basis of international legal obligations. A distinction has also been made between formal sources and material sources of international law. From formal sources, the law derives its authority or sanction, and from material sources, the law derives its content or subject matter.

Yanıt Açıklaması: Insurgency is the first stage of rebellion. For the recognition of insurgency, it is essential that: • insurgents should be in effective occupation of a substantial part of the territory; • they should enjoy the support from the majority of the population living in that territory; • they should have the will and capacity to carry out international obligations. The correct answer is C.

Yanıt Açıklaması: Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist.

Yanıt Açıklaması: The majority of the earlier standard works on international law define it as a system composed solely of legal rules and principles binding upon civilized nations only in their mutual relations.

Yanıt Açıklaması: The first example of an international organization is the Central Commission for Navigation on the Rhine (CCNR), which was created in 1815 by the Congress of Vienna

Yanıt Açıklaması: Vattel in his work titled Droit Des Gens (The Law of Nations) stated that the “necessary Law of Nations” contains those precepts that are dictated to States by natural law and equally binding on both States and individuals. Since States are composed of persons and their policies are laid down by persons, these persons are subject to natural law in whatever capacity they act. He held the view that to overview and control the conduct of another State by one or more States would be contrary to the law of nature. This viewpoint has the genesis of the doctrine of fundamental rights (Vattel cited in Starke, 1989).

Yanıt Açıklaması: Prior to 1969, the law of treaties was mainly comprised of customary rules of international law. These rules have been codified and clarified in the 1969 Vienna Convention on the Law of Treaties. Therefore, the correct option is A.

Yanıt Açıklaması: Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty: it should be embodied in a written instrument between two or more entities; those entities should be endowed with international personality; and it should be governed by international law. Therefore, the correct option is E.

Yanıt Açıklaması: The correct term for putting together the rules of law on a specific issue systematically is called codification. In terms of international law, the term is known as codification of international law.

Yanıt Açıklaması: An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty. Democratic method of management is not one of them.

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 of another 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 (Oxford Public International Law).