ULUSLARARASI KAMU HUKUKU II - Deneme Sınavı - 5

Arbitration is a third-party settlement procedure. As defined by Article 15 of the 1899 Hague Convention, arbitration is “the settlement of differences between states by judges of their own choice, and on the basis of respect for the law.” Generally territorial and boundary disputes, disputes concerning interpretation of bilateral or multilateral treaties, disputes relating to
violation of international law are subject to arbitration (Handbook, 56: 1992). Doğru cevap " B " dir.

The ICJ is the most experienced court among the other courts mentioned above. It is one of the principal organs of the UN (Article 92 of the UN Charter). The ICJ is composed of 15 judges, and they are appointed for nine years. None of them may be from the same State. The judges are selected by the UN General Assembly and the UN Security Council together. Judges should carry the qualifications, but also the representation of the main forms of civilization and of the principal legal systems of the world should be assured by the electors (Article 9 of the ICJ Statute). Doğru cevap " C " dir.

A State may accept the jurisdiction of the ICJ in four ways:
• A special agreement between dispute parties (compromis),
• Acceptance of jurisdiction provisioned in treaties,
• Declaration of recognizing the jurisdiction of the ICJ,
• Forum prorogatum.

Doğru cevap " D " dir.

The parties of the case can apply to the Court for the interpretation of the decision or revision of the judgment. According to Article 61 of the Statue, the revision of a judgement may be made only:
• in case of discovery of some fact which may affect the decision of the Court,
• the fact should be unknown by the time that the Court was handling the case,
• the Court should recognize that the existence of the new fact has the character
to open the case for revision,
• the application for the revision must be made at latest within six months following the discovery of the new fact,
• the application for the revision cannot be made after ten years from the date of the judgment. Doğru cevap " E " dir.

A dispute as described by the Permanent Court of International Justice (PCIJ) in the Mavrommatis Case, is a disagreement on a point of law or fact, a conflict of legal views or interests between two persons. The correct answer is B.

According to the Covenant of League of Nations, there were three elements of international disputes:

The correct answer is C.

States are free to choose which dispute settlement method they want to use to resolve their disputes. Therefore, States can resolve their dispute by any means they agreed on as long as the method is peaceful. The methods of dispute settlement mechanism in international law includes judicial mechanisms (courts, tribunals, arbitral panels), and other quasi-judicial, legal or extra-legal mechanisms (committees, inspection panels, ombudsmen, etc.). The correct answer is E.

States have concluded several multilateral instruments regarding dispute settlement in international law since the end of the 19th century. The 1899 and 1907 Hague Conventions for the Pacific Settlement of International Disputes are the initial instruments for dispute resolution. The correct answer is D.

UN General Assembly endorsed the peaceful settlement of disputes in the 1975 Declaration on Principles of International Law Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations and in the 1982 Manila Declaration on the Peaceful Settlement of International Disputes. Both instruments highlight the following similar principles regarding dispute settlement:

In The Covenant of League Nations, the parties also agreed not to resort to war, until three months after the arbitration award, judicial decision or the report of the Council. The correct answer is C.

The correct answer is E.

Among dispute settlement methods, negotiation, inquiry, mediation, conciliation are diplomatic dispute settlement methods, whereas arbitration and judicial settlement are adjudicative methods. The correct answer is A.

Framework of the negotiations varies as bilateral, multilateral and collective negotiations. Bilateral negotiations are conducted by the meeting of representatives or delegations of two States through meeting, or through written correspondence, telecommunication or any means of communication. The correct answer is A.

Disputing parties may agree to investigate the issue which they have different point of views, or any other aspect of the dispute in order to reach an appropriate resolution. This process is called inquiry or fact-finding. The correct answer is B.

Ex aequo et bono is an old concept which allows resolving the dispute according to equity or good conscience. Legal rules are not considered for decision-making. The primary goal is to reach just and fair resolution considering the subject matter of the dispute. The correct answer is E.

The main conventions of the law of the sea are:

The correct option is B.

Each ship should have a name, a port of registry and a nationality, which is made known and identified by the ag it flies. These particularities are very critical in figuring out the applicable law in many instances. The correct option is E.

Under normal circumstances, the baseline “is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State” (Article 5, UNCLOS). The correct option is D.

Despite ongoing debates, it may be concluded that the 1982 UNCLOS (Article 3) managed to provide a generally acceptable and applicable formula. Accordingly, “every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention” (emphasis added). The correct option is C.

The activities that render a passage not innocent are:

The correct answer is E.

The maritime zones subject to sovereign rights are as follows:

The correct option is A.