Public International Law (Q-2)
Define the following legal terms:
1- Recognition
2- Subjective and objective territorial principles.
3- Nationality principle.
4- Universality principle.
5- Passive personality principle.
6- Extradition.
7- Double jeopardy.
Mention which of the following is True OR False, by giving reasons and examples (if possible) for your answer:
1- International personality of the United Nations was expressly mentioned in its charter.
2- An entity may satisfy the elements of the state; however, it is not entitled to claim recognition.
3- If the requirements of a state ceased to exist, withdrawal of recognition would become necessary.
4- De facto and de jure governments.
5- Jurisdiction.
6- Bases of exercising jurisdiction are listed in a hierarchical manner.
7- In case a crime was committed in one state and had effect in another state, only the state were the criminal is situated will exercise jurisdiction.
8- Double jeopardy will occur in case of territoriality principle.
9- State will exercise jurisdiction based on the passive personality principle with respect to international crimes committed abroad by non-nationals.
10- The state is under obligation to extradite the offender to the state in which he committed his crime.
11- It is not conceivable that a person may be tried twice for the same act.
12- A states always enjoys absolute immunity against the jurisdiction of courts of other states.
13- Severance of diplomatic relations would not negate recognition that was accorded.
14- Inviolability of the premises of the diplomatic mission does not mean extra-territorial jurisdiction.
15- If the diplomatic agent initiated judicial proceedings, then he could not claim immunity with respect to any counterclaim or the execution of judgment.
Answer the following question:
1- In Reparation Case, the United Nations was entitled to compensations for damages inflicted upon its personnel. Why? (focus your answer on the reasoning of the ICJ)
2- Differentiate between recognition of states and governments.
3- What are the bases of exercising jurisdiction?
4- Diplomatic privileges and immunities have functional objectives. Explain.
5- What is persona non grata.
6- What are the functions of the diplomatic mission.
7- Speak about the immunity of the diplomatic agent from civil and criminal jurisdiction.
8- What are the basic differences between consular and diplomatic relations.
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