ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 14

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.

-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.

-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 territories concerned were: Nauru (Mandatory powers were Great Britain, Australia, and New Zealand), New Guinea (Mandatory—Australia), Western Samoa (Mandatory—New Zealand), Pacific Islands north of the Equator (Mandatory— Japan), South-West Africa (Mandatory—South Africa).

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

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 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. After the Second World War, there has been a tremendous growth in the number of international organizations. Such organizations may be either universal (such as the UN and the ILO) or regional (such as the European Union and the African Union). International organizations are established by treaties and their international personality can be ascertained by looking at their constitutions.

The term “subjects of international law” means:
(a) an incumbent of rights and duties under international law;

(b) the holder of procedural privilege of prosecuting a claim before an
international tribunal;

(c) the possessor of interests for which provision is made by international law;

(d) the capacity to conclude treaties with states and international organizations (Starke 1989: 58).

Certain entities is not one of those.

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.

The terms treaty, pact, charter, constitution, statute, convention, General Act, Final Act (when it is an independent instrument) are generally used for formal instruments of multilateral character

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

Full powers is a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty (Art. 2(1)/c, Vienna Convention)

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.

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

Violation of domestic law, Error, Fraud and corruption of the state representative, and Coercion are among the reasons that might lead a treaty become invalid

A treaty is void ab initio (from the beginning), if at the time of its conclusion it conflicts with a peremptory norm of general international law, i.e., jus cogens (Art. 53). “If a new peremptory norm of general international law emerges, any
existing treaty which is in conflict with that norm becomes void and terminates” (Art. 64). Thus, a treaty is void if it is in contradiction with the existing or new jus cogens.

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)).

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).

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

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.

Such organizations may be either universal (such as the UN and the ILO) or regional (such as the European Union and the African Union).

Non-self-governing territories - colonies, protectorates, trusteeship and mandate territories. Capacity to conduct international relations is significant in deciding the international personality of an entity. "Independent territories" is not one of them.