Soru arşivi yükleniyor…
Sorular yükleniyor…
Sınav ve konu sorularıyla çalış. Cevabını kontrol et, zorlandığın soruları kaydet ve yeniden çöz.
161 sorunun metninde arama yapabilirsin.
Diğer 3 görselli soruları kendi sayfalarında çözebilirsin.
Kendi cevabını düşün, sonra yayımlanmış cevapla karşılaştır. Değerlendirmeyi sen yaparsın.
İlerleme yükleniyor…
Accession, adhesion or adherence is a method by which a state becomes a party to a treaty of which it is not a signatory. Under the earlier practice, accession could be made only after the treaty had come into force. According to present practice, a non-signatory state may accede before or after the treaty has come into force.
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Entry into force of a treaty is entirely dependent upon the agreement between negotiating States (Art. 24/1). They may prescribe the manner and the date for its coming into force. They may agree that the treaty shall be effective immediately after signature, or at some fixed time, i.e., 30, 60 or 90 days after the prescribed number of ratifications or accessions is deposited, or on the happening of a certain event.
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A reservation is a unilateral statement made by a state at the time of signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state.
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The rationale behind reservation is that a state which is unable to fulfill its treaty obligations in totality because of certain constraints should be allowed to do so, even if in a limited way, provided that the reservation does not materially affect the basic provisions of the treaty.
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• A treaty becomes voidable in contravention of constitutional limitations; • A state contesting the validity of a treaty on constitutional grounds may invoke only those provisions of the constitution which are notorious; • Once the state has expressed its consentto be bound by the treaty through oneof the established procedures under its constitutional law, the state is bound by the treaty in international law.
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• Violation of domestic law on treaty making • Error • Fraud or corruption of the state representative • Coercion • Conflict with a norm of jus cogens
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Treaties are liable to be terminated or suspended either in accordance with the will of the parties or by the operation of any rule of law.
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• Textual (ordinary meaning of the words), • The intention of the parties, • Teleological (the object and purpose of the treaty).
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Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty.
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• the modification in question is prohibitedby the treaty, or • it affects the rights and obligations of other parties under the treaty, or • it relates to a provision, derogation from which is incompatible with the effective execution of the object and purpose of thetreaty as a whole
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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; and (d) the capacity to conclude treaties with states and international organizations.
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a) permanent population, b) defined territory, c) a government, d) capacity to enter into relations with other States
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A state that is subject to the authority of one or more states is known as “dependent state.”
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When the extent of factual dependency of one state upon another is so great, it is called a “puppet state.” In the case of a puppet state, the state would not be meeting the requirement of independence, which is necessary for Statehood. One of the notorious examples of a ‘puppet’ state was the Chinese province of Manchuria, conquered by Japan in 1931.
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Examples of non-self-governing territories are colonies, protectorates, trusteeship and mandate territories.
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A protectorate is always the creation of a treaty. It involves a certain measure of control, and a total or partial loss of sovereignty. In many cases, it has involved the loss of control of foreign relations and the disappearance of the protected state from the community of nations
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Class A comprised territories that were formerly part of the Ottoman Empire and were sufficiently advanced for their independence to be “provisionally recognized.” Class B consisted mainly of territories of Central Africa that were still in the process of economic and political development. The Mandatory was responsible for their administration, subject to a variety of guarantees and was under the obligation to allow trading opportunities to other League members. 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.
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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.
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Examples of universal organizations: the UN, the ILO, WHO Examples of regional organizations: the European Union, the African Union, NAFTA, EURATOM.
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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.
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The Institute of International Law defines recognition as follows: “The recognition of a new State is the free act by which one or more States acknowledge the existence on a definite territory of a human society politically organized, independent of any other existing State, capable of observing the obligations of international law, and by which they manifest therefore their intention to consider it a member of the international community.”
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There is no criterion for the recognition of a government. The only criterion is that in the opinion of the recognizing state the recognized government is willing to fulfil its international obligations and capable of representing the state, i.e., it commands the general support of the population. In other words, the government should have actual control over the state apparatus and have sufficient degree of stability. When a new state comes into existence, its recognition also covers the recognition of its government.
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In the practice of states, recognition may be express or implied.
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A state may convey its decision of recognition to the new entity or government through a formal announcement, which may take the form of public statement or notification or diplomatic note or a personal message sent to the new entity. This is known as express recognition.
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Recognition may be inferred from the conduct of the parties involved. The act must clearly indicate that a recognizing state has a clear and inescapable intention to recognize. The intention, then, is the crucial aspect of recognition. Usually, acts indicating the intention may be bilateral or multilateral. Bilateral acts may be in the form of concluding or signing a treaty with a new entity. Multilateral acts may be through common participation in a multilateral treaty or an international conference along with the unrecognized entity.
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