ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 9

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).

The Kellogg-Briand Pact: A multilateral agreement condemning war. It grew out of a proposal by the French Premier, Aristide Briand, to the US government for a treaty outlawing war between the two countries.

Coup d’etat: sudden defeat of a government through illegal force by a small group, often a military one. Therefore, the correct option is C.

Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’.

Once de jure recognition is granted to a state or a government, it cannot be withdrawn unless the state has ceased to exist or the government has been replaced by another authority. However, de facto recognition may be withdrawn if there is any doubt about the new régime’s ability or the new régime ceases to exist. However, de facto recognition is not always tentative or revocable. It can be substituted by de jure recognition when the recognizing government is satisfied about the stability and permanence of the new régime. Therefore, the correct option is A.

According to the dualist theory, international law and municipal law operate on different levels. While international law regulates mainly the relations and obligations between sovereign States, municipal law operates and regulates the relations and obligations of individuals within a State.

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. The correct answer is A.

Countermeasures are unilateral measures adopted by a State (the ‘injured State’) in response to the breach of its rights by the wrongful act ofanother 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. The correct answer is C.

Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’. The correct answer is D.

After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632-1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States. The correct answer is D.

Hugo Grotius is often referred to as the father of the law of nations. The correct answer is E.

Codification means “the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent, and doctrine.” The correct answer is A.

Monism regards that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals. The correct answer is B.

The main proponents of dualism are Heinrich Tripel and Dionisio Anzilotti. The correct answer is C.

International Law Commission, composed of 34 members who are elected by the UN General Assembly, follows a set procedure for the adoption of international rules through multilateral treaties or conventions, irrespective whether it is codification or progressive development. The correct answer is E.

A formal source is that from which a rule of law derives its force and validity. The material sources, on the other hand, are those from which is derived the matter, not the validity of the law. From formal sources, the law derives its authority or sanction. The procedures or methods by which rules become legally binding are formal sources of law.

The internationally accepted classification of sources of international law is formulated in Article 38 of the Statute of the International Court of Justice. These sources are:

a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting States

b. international custom, as evidence of a general
practice accepted as law

c. the general principles of law recognized by
civilized nations

d. subject to the provisions of Article 59,
judicial decisions and the teachings of the
most highly qualified publicists of the various
nations, as subsidiary means for the
determination of rules of law

Ex aequo et bono means what is just and fair or according to equity and good conscience. Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. A decision-maker who is authorized to decide ex aequo et bono is not bound by legal rules but may take account of what is just and fair (USLegal.com).

Whereas treaties, custom, and general principles of law are the main sources ofinternational law, judicial decisions and juristic
work on international law fall into the category of subsidiary sources. Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.

Opinio juris sive necessitatis means “an opinion of law or necessity.” It is the belief that an action was carried out because it was a legal obligation. This term is frequently used in legal proceedings as a defense in a case (USLegal).