ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 11

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).

In 1990’s, two international criminal tribunals were established to deal with crimes that resulted mainly from internal armed conflicts to prosecute and punish those involved in serious violation of international humanitarian law, regardless of their official position. In May 1993, the Security Council constituted the International Criminal Tribunal for the former Yugoslavia, followed by the International Criminal Tribunal for Rwanda in November 1994. The Special Court for Sierra Leone was established in January 2002

In contrast to the constitutive theory, the declaratory theory (also called evidentiary theory) considers that a new state or a new government exists independent of recognition.

The doctrine of non-recognition, commonly called the Stimson Doctrine of non-recognition, implies the withholding of recognition from new territorial titles or territorial changes brought out by use of force or through any other act of doubtful character. The idea behind the doctrine is not to reward a state for its unlawful acts

In case of de jure recognition, in the opinion of the recognizing state, the new state or government fulfils all the attributes essential for its effective participation in the international community, and it may grant the recognition to the latter formally.

The concepts of amendment, revision, and modification connote the process of altering the provisions of treaties. Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty. The correct answer is A.

The concepts of amendment, revision, and modification connote the process of altering the provisions of treaties. Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty. The correct answer is B.

Modification is about inter-se agreements concluded between certain parties and it refers to varying the provisions of the treaty in their mutual relations. The correct answer is C.

Two or more parties to a multilateral treaty, subject to the provisions of the treaty itself and by giving notice to other parties, can conclude an agreement to modify the treaty between themselves. However, such an agreement is not permitted if:

• the modification in question is prohibited by the treaty, or

• it affects the rights and obligations of other parties under the treaty, or

• it relates to a provision, derogation from which is incompatible with the effective execution of the object and purpose of the treaty as a whole (Art. 41). The correct answer is D.

According to Oppenheim, international treaties are agreements, of a contractual character, between states or organizations of states, creating legal rights and obligations between the parties (Oppenheim, vol. I, 1992). The Vienna Convention defines treaty as “an international agreement concluded between states in written form and governed by international law” (Art. 2(1)/a). Thus, every treaty is an agreement, but not all agreements are treaties. The correct answer is E.

Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty” (Art. 2(1)/b, Vienna Convention). Ratification is an act of government to approve the treaty in question. Treaty becomes binding on the state after ratification. The correct answer is A.

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. The correct answer is B.

A treaty becomes void if its conclusion was procured by the threat or use of force in violation of the principles of the UN Charter. Coercion can be of a state’s representative (Art. 51) or of a state (Art. 52). The use of coercion against the representative of a state for the purposes of procuring the conclusion of a treaty would be a serious matter that is sufficient to declare the treaty devoid of any legal consequence. In practice, sometimes it becomes difficult to make a distinction between the coercion directed at a state or its representative. The correct answer is B.

Article 48 the Vienna Convention considers error or mistake a reason to invalidate a treaty. The state practice, however, is scanty in this regard. All the recorded instances in which errors were alleged to have invalidated certain treaties were related to geographical errors, and mostly errors in maps. Both the ICJ and the PCIJ have had the occasion to consider the pleas of error, which were rejected. This is evident in the Temple of Preah Vihear case (Cambodia v. Thailand, 1962) and the Mavrommatis case (Greece v. United Kingdom, 1924). The correct answer is D.

According to the Vienna Convention, only a material breach entitles a party to withdraw from a treaty. A material breach refers to “the violation of a provision essential to the accomplishment of the object or purpose of a treaty” (Art. 60/3(b)). The correct answer is E.

The law derives its authority or sanction from formal sources.

The law derives its content or subject matter from material sources.

All of them are among the sources of international law in Article 38 of the Statute of the International Court of Justice.

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