ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 7

Repetition or recitation of a resolution in subsequent resolutions adds further weight and helps in the formation of a new rule. Repetition demonstrates the continuity, consistency, and uniformity of the States’ conduct and practice in conformity with the rules stated therein. This may lead to formulating instant customary international law, a term coined by B. Cheng (1965).The subsequent conduct of States, after the adoption of a resolution, is similarly important in the formulation of a new rule.

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. The denial must have been acted upon (probably to his disadvantage) by the person who wishes to take advantage of the estoppel or his position must have been altered as a result. There are several varieties of estoppel.

Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other.

Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences.

Judicial decisions and juristic work on international law fall into the category of subsidiary sources.

From formal sources, the law derives its authority or sanction.

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

Antiquity, certainty, continuity, consistency, and uniformity are attributes of international custom.

Resolutions and Declarations of the UN General Assembly are other possible sources of international law.

In the Corfu Channel case, the International Court of Justice recognized state responsibility for damage to one country caused by activities within the jurisdiction of another country.

Opinio juris sive necessitatis is the belief that an action was carried out because it was a legal obligation

The Final Act of the Congress of Vienna of 1815 made Switzerland a neutral country.

The Permanent Court of International Justice was created in 1921.

B. Cheng coined the term of instant customary international law.

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.

Quid pro quo: some favor or advantage given to someone in return for something they have done (Cambridge Dictionary). Therefore, the correct option is C.

If the treaty is subject to ratification, acceptance, approval or accession, signature merely signifies that the delegates have agreed upon a text that will be referred to their governments for further action in the acceptance of the treaty. Therefore, the correct option is C.

Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty”. Ratification is an act of government to approve the treaty in question. Therefore, the correct option is E.

Treaty becomes binding on the state after ratification. Ratification presupposes signing of a treaty by the duly appointed plenipotentiary (person having full powers). Therefore, the correct option is D.

Accession is normally a final act of a state to be bound by a treaty; it does not require ratification unless so provided in the instrument of accession. Therefore, the correct option is E.