ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 10

Judicial decisions are among the subsidiary sources of international law.

Opinio juris sive necessitatis means “an opinion of law or necessity.”

Erga omnes obligations [Latin: towards all] (in international law) Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole.

Res judicata [Latin; a matter that has been decided]: The principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest.

Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other (Martin, 2003: 483).

Estoppel [from Norman French estouper, to stop up]: 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.

For Statehood, “the existence of a permanent population is naturally required and there is no specification of a minimum number of inhabitants, as examples such as Nauru and Tuvalu demonstrate”. However, the lack of a permanent population (i.e., the shifting element in population such as the nomad tribes on the KenyanEthiopian border), or non-existence of fixed boundaries are not enough to affect the existence of a state. The State practices as well as the judicial and arbitral decisions have clearly establish that it is not necessary for an entity to have exactly defined or undisputed boundaries to be a state either at the time when it comes into existence or subsequently. Therefore, the correct option is B.

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.

In 1972, the General Assembly Resolution 2908 (XXVII) extended the ambit of the principle of selfdetermination to “freedom movements,” targeted against foreign subjugation. The Resolution 1514, however, proposes the application of the right of self-determination within the existing colonial boundaries. The Frontier Disputes case (1986) between Burkino Faso and Mali confirms that the principle of self-determination now forms part of the customary international law. In Africa particularly, it is subject to the principle of uti possidetis in accordance with Paragraph 6 of the Resolution, which states “any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the Purposes and Principles of the Charter of the United Nations.” Therefore, the correct option is A.

In certain cases, some small states accept the protection of other states without destroying their sovereignty. Such arrangements exist for Liechtenstein (as stated above), Monaco (under the protection of France by the 1918 treaty between Monaco and France), and San Marino (under the protection of Italy). The States in this category, though under the protection of other states, are not protectorates in the sense the term is associated with the underdeveloped and exploited territories. Therefore, the correct option is D.

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.

Like the protectorate, which is now a dying species, the mandate system of the League of Nations no longer applies to any territory. The mandate system was created after the First World War under Article 22 of the Covenant of the League of Nations to deal with the future administration of the overseas possessions of the “Axis” states of Germany and the Ottoman Empire. Three categories of mandates (A, B and C) were devised for those territories “according to the stage of their development”. Therefore, the correct option is E.

Three categories of mandates (A, B and C) were devised for those territories “according to the stage of their development” (Art. 22 of the Covenant of the League). 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.” Except Iraq (Mandatory—Great Britain), which achieved early independence, all the territories under this category—Palestine and Transjordan (Mandatory—Great Britain), Syria and Lebanon (Mandatory—France) became independent only after the Second World War. Therefore, the correct option is C.

Audi alteram partem means "hear the other side (let the other side be heard as well)."

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.

Res judicata: The principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest (Martin, 2003:181, 325, 430).

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. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations confirms that governmental organizations have the capacity to enter into treaties. Therefore, the correct option is B.

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.

Sine qua non: a  necessary  condition  without which something is not  possible. Therefore, the correct option is E.

According to the constitutive theory, an entity becomes a state only by virtue of recognition. It is through the act of recognition alone that a new state emerges as an international person or a new government derives the requisite authority or status in the international arena. Therefore, the correct option is B.