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Public International Law 1 Dersi 4. Ünite Sorularla Öğrenelim

Subjects Of International Law

1. Soru

What does the term subjects of international law mean?

Cevap

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.


2. Soru

According to the Montevideo Convention, what are the qualifications that the state as a person of international law should possess?

Cevap

a) permanent population,

b) defined territory,

c) a government,

d) capacity to enter into relations with other States


3. Soru

What is a dependent state?

Cevap

A state that is subject to the authority of one or more states is known as “dependent state.”


4. Soru

What is a puppet state? Try to give an example.

Cevap

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.


5. Soru

What are some examples of non-self-governing territories?

Cevap

Examples of non-self-governing territories are colonies, protectorates, trusteeship and mandate territories.


6. Soru

What is a protectorate?

Cevap

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


7. Soru

What were the three categories of mandates that were devised for the "Axis" states of Germany and the Ottoman Empire?

Cevap

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.


8. Soru

What is the first example of an international organization and when was it created?

Cevap

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.


9. Soru

What are examples of universal and regional organizations?

Cevap

Examples of universal organizations: the UN, the ILO, WHO

Examples of regional organizations: the European Union, the African Union, NAFTA, EURATOM.


10. Soru

What is piracy (piracy cure gentium) within the context of international law?

Cevap

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.


11. Soru

How does the Institute of International Law define recognition?

Cevap

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.”


12. Soru

What are the criteria for the recognition of a new entity or government?

Cevap

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.


13. Soru

What are the modes of recognition?

Cevap

In the practice of states, recognition may be express or implied.


14. Soru

What is express recognition?

Cevap

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.


15. Soru

What is implied recognition?

Cevap

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.


16. Soru

What are the theories of recognition?

Cevap

There are two principal theories about the nature and actual import of recognition:

  • Constitutive theory,
  • Declaratory (evidentiary) theory

17. Soru

What is collective recognition?

Cevap

It is the recognition of a new entity by states through some collective international act or through the medium of an international institution.


18. Soru

What is meant by conditional recognition?

Cevap

Conditional recognition implies that recognition is granted upon the fulfilment of certain stipulations in addition to the normal requirements by the recognized entity.


19. Soru

What are the legal effects of recognition?

Cevap

The act of recognition creates two-fold effects:political and legal.

  • confers on the new State or re´gime a status under international law and municipal law;
  • indicates the willingness of the recognizing state to initiate international relations with the recognized entity;
  • provides an evidence of the Statehood of the new entity, i.e., the new entity fulfils all the required conditions of Statehood;
  • recognized state becomes entitled to all the privileges of membership of the society of states;
  • recognizing state entitles the new entity to conclude treaties and establish diplomatic relations with other nations;
  • recognizing state bestows upon the new entity or re´gime certain rights and privileges as a sovereign state under its municipal law

20. Soru

What is the doctrine of non-recognition?

Cevap

The doctrine of non-recognition, commonly called the Stimson Doctrine of non-recognition, implies the withholding of recognition from new territorial titles or territorial changes brought out by use of force or through any other act of doubtful character. The idea behind the doctrine is not to reward a state for its unlawful acts.


21. Soru

What is meant by de jure and  de facto recognition?

Cevap
  • In case of de jure recognition, in the opinion of the recognizing state, the new state or government fulfils all the attributes essential for its effective participation in the international community, and it may grant the recognition to the latter formally.

  • Under de facto recognition, in the opinion of the recognizing state, the new state or government: (i) lacks stability and permanency, or (ii) does not possess all the essentials required under international law for its effective participation in international affairs, but, in fact, it fulfils these requirements. It may grant recognition to the latter provisionally with all due reservations for the future.

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