MIDTERM EXAMINATION PUBLIC INTERNATIONAL LAW 2009

MIDTERM EXAMINATION

PUBLIC INTERNATIONAL LAW 2009

1. Section 25, Article XVIII of the Philippine Constitution governs the constitutionality of the VFA, in essence what do you understand by that provision? What is its impact on the US ruling in Medellen v. Texas?

2. The United States in classifying  treaties have their Case-Zablocki Act. Explain this act.

3. THERE ARE FIVE LEADING PRINCIPLES IN TREATY LAW, STATE THESE FIVE and explain each.

4. Explain the following terms: (a) jus cogens (b) peremptory norm (c) customary law (d) universality principle (d)  extraterritorial jurisdiction (e) clausula rebus sic stantibus

5. Explain: pacta tertiis nec nocent nec prosunt.

6.What is the Rome Statute? Is the Philippines a party to it?

7.  (a) Is there an obligatory rule derived from treaties or conventions that requires the Philippines to recognize foreign judgments?(b) in one decision of the Supreme Court , it mentions of the term “opinion juris necessitates”, what do you understand by this term?

8. If a foreign judgment is presented before the Court, particularly under Philippine setting, what procedural law may be invoked?

9. It is stated in one ruling of the Supreme Court that “international law proscribes discrimination. Cite some examples of “international laws” which uphold the right of a person against discrimination. (i.e.” discrimination”  to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms)?

10. The principle of equality has long been recognized under international law. How is this principle concretized in terms of “international law” and “regional instruments”? Cite some specific examples.

11.  When is a person considered hors de combat? What are the safeguards of an enemy hors de combat?

12. In 2004, allegations regarding the mistreatment of Iragi detainees by US Coalition Forces particularly as regards the Abu Ghraib prison in Baghdad began to be reported in the media. It was reported that incident of sadistic, blatant and wanton criminal abuses were inflicted on several detainees.

          A)Are the US Forces subject to international humanitarian law?

          B)Are the Geneva Conventions of 1949 applicable to the conflict? If yes, cite some specific rules of the Geneva Conventions that apply?

13. On what grounds can a foreign judgment be annulled?

14. Explain the concept of jus gentium and jus inter gentes. Give at least five examples.

15. One of the recent international law concepts discussed in Tañada v, Angara is the concept of  “sovereignty as autolimitation”. What do you understand by said concept? Cite some examples concerning its concrete application in international law.

16. (a) It is said that the sovereignty of a state therefore cannot in fact and in reality be considered absolute for the reason that there are certain restrictions that apply to it. State two of these two restrictions. (b) Can a portion of sovereignty be waived without violating the Constitution?Explain.

17. Is International law given a superior standing than a municipal law (i.e. national legislative enactments)?

18. (a) In the Philippine setting or system of laws, what office is tasked to determine persons and institutions covered by diplomatic immunities? (b) What are some of the ways by which a state pleads diplomatic immunity?

19. What is an INTERNATIONAL CRIMINAL COURT (ICC)? What are the crimes falling under its jurisdiction? Can it impose the death penalty?

           

20. In case a revolutionary government succeeds in installing itself against a legitimate government, is it bound by its country’s prevailing constitution? What about the precepts of customary international law, is it not bound by it?