PIL QUIZ #1

GROUP 3

Group 1 Q & A:
1. What is the definition of a treaty under the Article 2 p. 1(a) of the Vienna Convention on the Law of Treaties.
A: Article 2 p. 1(a) of the Vienna Convention on the Law of Treaties defines treaty as

2.

1.

An international agreement concluded between States

2.

in written form,

3.

governed by international law,

4.

whether embodied in a single instrument or in two or more related instruments and

5.

whatever its particular designation.

What are the Kinds of Treaties.

A: Multilateral treaties they create norms as basis of general rule of law/open to all states of the world
2. Collaborative treaties universal scope.
3. Bilateral treaties also called contract agreements, creating shared expectations like trade agreements
3.

What are the stages of a Treaty? A.)how many are the votes needed in the treaty?
A: 1. Negotiations
2. Adoption/authentication of the text of a treaty
3. Consent to be bound.

4.

Matunog Country brought a suit against Kuripot Country in the ICJ to determine whether 2 letters between the
countries constituted international agreements to settle the jurisdiction of the ICJ. Matunog Country contends that
such letters were international agreements as they enumerated the commitments to which the parties consented to
and thus created rights and obligations in international law for the Parties. Kuripot Country however contend that
such documents were merely a record of negotiations as these letters were mere Minutes. Decide on the case.

A: The contention of Country A is correct. The two letters were considered international agreements as international
agreements may take a number of forms and be given a diversity of names as supported by Art 2, par 1 of the Vienna Convention
on the Law of Treaties. Further the enumeration of commitments which they consented to binds the parties and indeed created
an obligation among them.
5.

Mrs. Doubtfire was a passenger of a Pasay Airlines. She sustained permanent hearing loss on her left ear while she
was a passenger of such airline. She then sued the airline stating that under the Warsaw Convention, air carriers are
liable for injuries sustained by a passenger if an accident which causes the damage took place on board the aircraft or
in the course of the operations. The Airlines however aver that they are not liable under the convention as the
definition of accident in the said treaty, must be unusual and unexpected, which in this case was not. Decide on the
case.

A: The contention of Pasay Airlines is correct. If there is conflict in official texts, the language that is agreed by the parties as
authoritative is followed. As in this case, the definition was traced back to French interpretation of accident which was used in
the Warsaw Convention as opposed to the English definition.

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6.

Partylist Coco questions the validity of the ratification of a certain treaty. They claim that the treaty should not take
effect in the Philippines because only the Philippines have transmitted the documents of the treaty to the senate,
while the other State did not transmit the same to their senate. Decide.
A: No, it is not. The Philippines has no concern regarding the domestic laws of the other participating state. If the treaty
has been ratified, the Philippines would be considered to be bound by the said treaty, regardless of the actions of the
other state.

7.

Country Bil-board filed a case against Country Tar-Paulin due to the Bil-Board nationals were tried, sentenced, and
convicted in the criminal Court of Country Tar-Paulin and contended that there was a breach of the obligation in the
Vienna Convention on Consular Relations Article 36 1(a,b,c). Is the contention of Country Bil-board Correct? Decide.
A: The Court ruled that Country Tar-Paulin had breached the Vienna Convention on Consular Relations of Art. 36 sub.
Par. 1 (a, b, c) which on notice without delay is not the same as immediately upon arrest. There is still duty upon
the arresting authorities to give information to an arrested person as soon as it is realized that is a foreign national.

8.

What is a Clean Slate Rule.

A: Clean Slate Rule- new state not bound to maintain in force, just because same territory was bound by treaty. But may agree
to be bound.
9.

Senator Chismoso filed a petition for mandamus to compel the delivery of a treaty signed by the Secretary of
Department of Foreign Affairs. The Senator insisted that the treaty should be delivered to be ratified by the Senate. Is
the Senator correct?
A: No, it is not valid. The power to ratify treaties is vested particularly to the head of State. Being that it is vested with the Head
of State or the President, compelling delivery would be incorrect.
Moreover, the judiciary cannot usurp the executive
functions to ratify the treaty, this would be a
violation of the doctrine of separation of powers.
10. What does Article 3 defines the crimes that can be punished under the convention Prevention and Punishment of the
Crime of Genocide. Name at least 3.
A: Article 3 defines the crimes that can be punished under the convention:
(a) Genocide;(b) Conspiracy to commit genocide;(c) Direct and public incitement to commit genocide;(d) Attempt to commit
genocide;(e) Complicity in genocide.
Group 2 Q & A:
1.

What are the qualifications of a State as stated in Art.1 of the Montevideo Convention?

A: The State as a person of International Law possesses the following qualifications: a. permanent population; b. defined
territory; c. government; d. Capacity to enter relations with other states.
2.

What is the authority of a trusteeship council in the PIL?

A: Under the charter, the trusteeship council is authorized to examine and discuss reports from the administering authority on
the political, economic, social and educational advancement of the people of trust territories; to examine petitions from and
undertake periodic and other special missions to trust territories.
3.

What does national liberation movement means according to the first protocol of 1977 Geneva Convention?

A: They are the people fighting against colonial domination and alien occupation and against racist regimes in the exercise of
their rights of self determination as enshrined in the chapter of the UN.
4.

How are international government come into existence?

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A:
5.

What is the concept of association of states?

A: An Association is formed when two states of unequal power voluntarily establish durable links. In the basic model, one state,
the associate, delegates certain responsibilities to the other, the principal, while maintaining its international status as state.
6.

Who appoints the secretary general in the secretariat and what are their requisites?

A: Appointed by the general assembly on the recommendation of the security council for a 5 year renewable term.
7.

Distinguish Nationality from statelessness.

A: Nationality is the legal relationship between a person and a country. Nationality normally confers some protection of the
person by the state, and some obligations on the person towards the state. What these rights and duties are vary from
country to country. It differs technically and legally from citizenship, although in most modern countries all nationals are
citizens of the state and all citizens are nationals of the state.
Nationality affords the state jurisdiction over the person and affords the person the protection of the state. The most
common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such
as by voting or standing for election.
1.

The international legal definition of a stateless person is set out in Article 1 of the 1954 Convention relating to the
Status of Stateless Persons, which defines a stateless person as "a person who is not considered as a national by any
State under the operation of its law".

8.

What is the doctrine of state responsibility?

A: The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an
international obligation. Rather than set forth any particular obligations, the rules of state responsibility determine, in general,
when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that
address basic issues of responsibility and remedies available for breach of "primary" or substantive rules of international law,
such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary
rules of obligation. They establish (1) the conditions for an act to qualify as internationally wrongful, (2) the circumstances under
which actions of officials, private individuals and other entities may be attributed to the state, (3) general defences to liability
and (4) the consequences of liability.
9.

Distinguish extradition from deportation

A: Extradition is the official process whereby one country transfers a suspected or convicted criminal to another country.
Between countries, extradition is normally regulated by treaties. Where extradition is compelled by laws, such as among subnational jurisdictions, the concept may be known more generally as rendition. It is an ancient mechanism, dating back to at least
the 13th century BC, when an Egyptian Pharaoh, Ramesses II, negotiated an extradition treaty with a Hittite King, Hattusili III.
[1]

Deportation is the expulsion of a person or group of people from a place or country. Today the expulsion of foreign nationals is
usually called deportation, whereas the expulsion of nationals is called banishment, exile, or penal transportation.
10. What offenses are considered extraditable under Art. 2(4) of the treaty?
A: It was an offense in the Requesting State at the time of the acts or omissions consisting the offense; b. the acts or omission
alleged would, if they had taken place in the Territory of the requested state at the time of the making of the request for
extradition, have constituted an offense against the laws in force of that state.
Group 3 Q & A:
1.

Are foreign vessels entitled to an access to the port of a coastal state?

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Is there an exception? May a coastal state regulate access to its ports? Cite a case.
2.

What is the issue on the case of Anglo-Norwegian fisheries case?

A: won the lines laid down by the 1935 Decree for the purpose of delimiting the Norwegian fisheries zone have or have
not been drawn in accordance with international law?

3.

When is physical occupation of territory not necessary?

A: Physical Occupation is not necessary when territory is terra nullius at d time occupying state makes its appearance
and when there is taking of possession w/ animus possedendi.
~What is the ruling of the ICJ?
A: in its judgment the court found that neither the method employed for de limitation by the decree, nor the lines
themselves fixed by said decree are contrary to international law, the first finding is adopted by 10 votes to two, and the
second by eight votes to four.

4.

Define territory and what does it includes?

A: It is an area over which a state has effective control. It must have definitive boundary / core over which sovereignty
is exercised. - It includes land, maritime areas, airspace and outer space.

5.

When is uti possidetis principle use?

A: It will be used where the colonial boundaries are not clear.

6.

What are the modes of acquiring sovereignty over territory?

A: Discovery and Occupation
Prescription
Cession
Accretion and Avulsion
Intertemporal Law

7.

What is the concept of archipelagic state?

A: Is any internationally recognized state or country that comprises a series of islands that form an archipelago. The
term is defined by the United Nations Convention on the Law of the Sea in order to define what borders such states
should be allowed to claim.

8.

Explain contiguous zone.

A: it is an area of water not exceeding 24 nautical miles from the baseline. It extends 12 nautical miles from the edge of
the territorial sea. The coastal State exercises authority over that area to the extent necessary to prevent infringement
of its customs, fiscal, immigration or sanitation authority over its territorial waters or territory and to punish such
infringement.

9.

Define High seas and give its six (6) freedoms:

A: High Seas all parts of the sea that are not included in the territorial sea or in the internal waters of a State.
Freedom of navigation
Freedom of over flight
Freedom of fishing
Freedom to lay submarine cables and pipelines

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Freedom to construct artificial islands and structures

Freedom of scientific research
10. What is the effect if warships do not comply with the laws and regulations of the coastal state?
A: If any warship does not comply with the laws and regulations of the coastal State concerning passage through
the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may
require it to leave the territorial sea immediately.

Group 4 Q & A:
_________________________1. A group of islands, including parts of islands interconnecting waters and other natural
features which are so closely interrelated that such form an intrinsic geographical, economic and political entity or which
historically have been regarded as such.
__________________________2.An area beyond and adjacent to the territorial sea, which extends 200 nautical miles from
the baseline.
__________________________3.Is a process which involves establishing the boundaries of an area already, in principle,
appertaining to the coastal State and not the determination de novo of such area.
__________________________4. A zone contiguous to the territorial sea that may not extend beyond 24 nautical miles from
the baseline.
__________________________5.Seabed and subsoil of submarine areas that extend beyond the territorial sea throughout
the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 miles from
the baseline whichever is greater.
6. What are the Rights of Third States in Archipelago?
7. Rights of Third States in Contiguous Zone?
8. Rights of Third States in Exclusive Economic Zone?
9. What are the Duties of Third States in Archipelago?
10. Duties of Third States in Contiguous Zone?
Answers:
1. Archipelago
2. Exclusive Economic Zone (EEZ)
3. Delimitation
b. Right of Archipelagic Sea lanes passage

4.
5.
6.

Contiguous Zone
Continental Shelf
a. right of Innocent Passage

7.

a. Right to Innocent Passage

b. Right to transit passage

8.

a. To lay submarine capable of pipelines

b. Freedoms of navigation and overflight

9.

a. Ships and aircraft in archipelagic sea lanes passage shall not deviate more than 25 miles to either side of the lanes
during passage
b. Respect applicable sea lanes and traffic separation scheme

10. To abide by the rules and regulations set by the coastal sea