ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 11

The Estrada doctrine laid down that it is the duty of a state to continue diplomatic relations with states without regard to revolutionary changes

Describing an act by a public authority, company, or other body that goes beyond the limits of the powers conferred on it. Ultra vires acts are invalid. The ultra vires doctrine applies to all powers, whether created by statute or by a private document or agreement. The correct option is D.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. The correct option is A.

The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that:

1. The state where the crime is committed generally has the strongest interest in punishing the criminal;

2. The local forum is the most convenient one, since the witnesses and other facilities are most probably available there;

3. The offender is most likely to be found there,

4. To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time.

As a result, all of the statements are correct. The correct option is E.

Juristic person (artificial person). An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person. The correct option is B.

Under international law, certain degree of exemption and immunity from local jurisdiction is enjoyed by the following: 

As a result, all of the statements are correct. The correct option is E.

Several principles are quoted as the basis of jurisdictional immunity:

a. Par in parem non habet imperium, i.e., an equal has no authority over an equal.

b. The principle of non-intervention, i.e., the matters related to the acts, policy and transactions of a foreign state should not stand to scrutiny by the territorial state, lest it would amount to intervention in the internal matters of another state.

c. Rule of comity or reciprocity, i.e., the accepted rules of mutual conduct as between states, which each state adopts in relation to other states and expects other states to adopt in relation to itself. It may otherwise be considered as an unfriendly act.

d. Implied grant of license to a foreign sovereign or state to visit or function within its territory signifies immunity and imposes an implied obligation on the territorial state not to derogate from such a grant. Immunity also rests on the functional

As a result, all of the statements are correct. The correct options is E.

The inviolability of public ships is based on the floating island theory, which considers a public vessel as a part of the territory of the flag state and subject to its jurisdiction only. However, the immunities of public ships are conditional; if there are serious breaches of the local law or if the flag state waives the immunities, the territorial state can exercise the jurisdiction. The correct answer is D.

Under customary international law, diplomatic missions have three functions to perform:

I. to protect the interests of the sending state and its nationals,

II. to negotiate with the government of the receiving state,

III. to report about the conditions of the receiving state.

As a result, all three statements are correct. The correct option is E.

Letter of credence (lettre de créance): A formal document by which the head of an accredited state presents its newly appointed diplomatic agent to the head of state of the host country. The correct option is B.

A diplomatic agent is exempt from all dues and taxes. The agent, however, is liable to pay:

A. Indirect taxes, such as sales tax or service charges;

B. Dues and taxes on private immovable property situated in the territory of the receiving state such as house tax;

C. Estate, succession or inheritance duty, levied by the receiving state;

D. Tax on income having its source in private investments in commercial undertaking in the receiving state;

E. Charges levied for specific services rendered such as road tax.

All fo the statements are correct. The correct option is E.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, the nationality principle, which determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime.

As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.

A foreign sovereign or state is not amenable to the jurisdiction of the state of the forum unless it voluntarily submits to the jurisdiction of the local courts and the law enforcement agencies. However, there is no bar against the foreign sovereign initiating the proceedings in territorial state. The concept was earlier attached to the person of the sovereign, but later extended to the state and its organs. The two terms, state immunity and sovereign immunity, are often times used interchangeably.

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory. A state may exercise civil or criminal jurisdiction over its nationals on the basis that the nationality is a mark of allegiance which the person, charged with the crime, owes to his state of nationality.

Under customary international law, diplomatic missions have three functions to perform:
• to protect the interests of the sending state and its nationals,
• to negotiate with the government of the receiving state, and
• to report about the conditions of the receiving state.

The person of a sovereign is exempt from arrest or detention within a foreign territory. This exemption extends to the foreign troops (under license), the diplomatic agents, and other representatives of the foreign sovereign. The legislative, administrative, and executive acts of the foreign state and its agents cannot be called into question by the territorial state. The exemption also extends to property within the territory of the state of the forum. State immunity and sovereign immunity, are often times used interchangeably.

Persona non grata [Latin: an unacceptable or unwelcome person]: A diplomatic agent who is unacceptable to the receiving state. The sending state should recall such an agent; if this fails to occur, the host state may ignore the presence of the agent or expel him from its territory.

States conduct diplomatic functions in the territory of the receiving State with its specific permission. This entitles diplomatic missions and their staff to certain privileges and immunities and enables them to function smoothly.
Immunities that a diplomatic agent enjoys are as follows: • Right to travel freely in the territory of the receiving state, subject to the condition that he cannot go to the prohibited area that is important for the national security of the receiving state (Art. 26); • Freedom of communication for official purpose (Art. 27); • Exemption from social security provisions in force in the receiving state, except in case of servants for whom he must comply with the social security legislation as an employer (Art. 33); • Immunity from local and military obligations (Art. 35).