public international law

1. Which of the following is not an objective of the United Nations? (a) prevention
and removal of threats of peace (b) suppression of acts of aggression (c) to
develop friendly relations among nations (d) to be a center for harmonizing the
actions of nations (e) to use war as an instrument of peace (e) to prosecute
heads of states who violate international humanitarian laws.
2. The UNITED NATIONS --- (a) is based on the principle of the sovereign
equality of all its Members (b) sits in the Hague Netherlands (c) is authorized to
intervene in matters which are essentially within the domestic jurisdiction of
any state (d) shall require the Members to submit such matters to settlement
under the present Charter (e) shall ensure that states which are not Members
of the United Nations act in accordance with customs so far as may be
necessary for the maintenance of international peace and security
3. To become a member of the United Nations, one must be (a) state (b) peaceloving (c) accept the obligations contained in the UN Charter (d) willing to
carry out the principles international law (e) upon a decision of the Security
Council.
4.

Which of the following a cardinal principle of the UN? (a) All Members, in
order to ensure to all of them the rights and benefits resulting from
membership, shall fulfill in good faith the obligations assumed by them in
accordance with the present Charter (b) All Members may in their international
relations use threat or force against the territorial integrity or political
independence of any state, or in any other manner inconsistent with the
Purposes of the United Nations (C) The Organization shall ensure that states
which are NOT Members of the United Nations act in accordance with these
Principles so far as may be necessary for the maintenance of international
peace and security (D) the United Nations cannot intervene in matters which
are essentially within the domestic jurisdiction of any state (E) the UN
cannot require the Members to submit such matters to settlement under the
present Charter;

5.

Which of the following is not within the jurisdiction of the ICC? (A) the crime
of genocide (b) the crimes against humanity (c) disputes arising from treaty
interpretations (d) crime of aggression (e) murder
6.Which of the following is NOT considered as genocide? (a) imposing
measures intended to prevent births within the group (b) killing members of
the group (c) Deportation or forcible transfer of population (d) )
Forcibly
transferring children of the group to another group (e) Causing serious bodily
or mental harm to members of the group.

7. Crimes against humanity is defined as acts when committed as part of a

widespread or systematic attack directed against any civilian population, with
knowledge of the attack. Which of the following is an example of crimes
against humanity?
(a) genocide
(b) aggression
(c) enslavement
(d) ) Killing members of the group
(e) war crimes
8. Which of the following is not considered as a crime against humanity?
(a) Torture
(b) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization
(c) Persecution against any identifiable group or collectivity on political, racial,
national, ethnic, cultural, religious, gender
(d) Forcibly transferring children of the group to another group
(e) The crime of apartheid
9. The jurisdiction of the ICC is ratione temporis. This means that (a) its
jurisdiction is temporary or optional (b) its jurisdiction attaches only with
respect to crimes committed after becoming a state party (c) jurisdiction
attaches even to non-member states (d) that a state may accept jurisdiction
and waive immunity (e) that the Court has jurisdiction only with respect to
crimes committed after the entry of force of the Rome Statute.
10.Articel 20 of the Rome statute speaks about Ne Bis in Idem. This means
that (a) no person shall be tried before the Court with respect to conduct which
formed the basis of crimes for which the person has been convicted or
acquitted by the Court (b) No person shall be tried by another court for a
crime for which that person has already been convicted or acquitted by the
Court(c) no person shall be put twice in jeopardy for the same offence (d) all
of the above (e) none of the above.
11.The International Criminal Court shall use what applicable law? (a) the
Rome Statute (b) treaties (b) international law of armed conflict (c) national
laws of states (d) apply principles and rules of law as interpreted in its
previous decisions (e) all of the above.
12. Under the Rome Statute, the principle of nullum crimen sine lege is
defined. Which of the following is not a definition of said principle? (a) A
person shall not be criminally responsible under this Statute unless the
conduct in question constitutes, at the time it takes place, a crime within the
jurisdiction of the Court (b) A person shall be criminally responsible under this
Statute unless the conduct in question constitutes, at the time it takes place, a
crime within the jurisdiction of its national law (c) The definition of a crime
shall be strictly construed and shall not be extended by analogy. (d) In case of
ambiguity, the definition shall be interpreted in favor of the person being
investigated, prosecuted or convicted (e)A person convicted by the Court may
be
punished
only
in
accordance
with
this
Statute.

13.Which principle states that In the event of a change in the law applicable to
a given case prior to a final judgement, the law more favourable to the person
being investigated, prosecuted or convicted shall apply ? (a) Nulla poena sine
lege (b) Nullum crimen sine lege (c) Non-retroactivity ratione personae (d)
Individual criminal responsibility (e) ratione temporis
14. Under the ICC, the principle is that The Court shall have jurisdiction over
natural persons pursuant to this Statute. Which of the following principles
support this tenet? (a) Nulla poena sine lege (b) Nullum crimen sine lege
(c)Non-retroactivity ratione personae (d) Individual criminal responsibility (e)
ratione temporis.
15. Which of the following best describes as to what SOFT LAW is? (a) nonbinding norm (b) it can influence state behavior (c) the UN Declaration of
Human Rights (d) none of the above (e) all of the above.
16. The Philippines adopts the generally accepted principles of international
law as part of the law of the land. Which statement is NOT correct? (a) this is a
statement of the doctrine of transformation (b) the doctrine of Incorporation is
illustrated (c) we are bound by the treaty (d) we adopt pacta sunt servanda (e)
we support the UN Charter.
17.Under public international law, what statement below is correct with respect
to the right to bail? (a) in quarantine cases bail is not available (b) bail can be
granted in extradition cases (c) bail can be granted in deportation cases where
the accused is detained (d) none of the above (e) all of the above.
18.Which statement is wrong with respect to an extradition case? The
standard of proof in extradition cases (i.e. whether to grant it or not) is (a)
proof beyond reasonable doubt (b) preponderance of evidence (c) clear and
convincing evidence (d) substantial evidence (e) none of the above since
extradition proceeding is sui generis.
18. When we say that extradition is sui generis, we actually mean that (a) it is
not administrative (b) it could be criminal in nature (c) it is a class in itself (d)
not civil in nature (e) none of the above.
19. Which statement is NOT correct with respect to extradition? (a) it is created
by a treaty (b) it demands the surrender of one accused of a crime(c) it is a
punishment for a crime (d) it is a trial not to determine the guilt of the accused
(e) it is merely basically administrative in character.
20. Which of the following is not a peremptory norm ? (a) jus cogen (b)
compelling law (c) an international law principle (d) customary law (e) treaty
21. Which of the following is an example of jus cogens? (a) non-refoulement
(b) extraterritoriality (c) anti-slavery norms (d) none of the above (e) all of the
above.

22. It is defined as under international law as "a well-marked indentation

whose penetration is in such proportion to the width of its mouth as to contain
land-locked waters and constitute more than a mere curvature of the coast ---(a) territorial sea (b) contiguous zone (c) exclusive economic zone(d) bay (e)
continental shelf.
23. Which describes correctly our internal waters? (a) Waters landward of the
baseline (b) the state has completed jurisdiction (c) archipelagic waters (d)
none of the above (e) all of the above.
24. Which is correct about our territorial sea? (a) 12 km (b) 12 nautical miles(c)
44 km (d) 12 miles (e) 200 nautical miles -- from the baseline.
25. It is defined as a band of water extending from the outer edge of the
territorial sea to up to twenty four nautical miles (44 km; 28 mi) from the
baseline, within which a state can exert limited control for the purpose of
preventing or punishing "infringement of its customs, fiscal, immigration or
sanitary laws and regulations within its territory or territorial sea".---- (a)
Territorial sea (b) internal waters (c) contiguous zone (d) exclusive economic
zone (e) continental shelf.
26. Which is NOT correct concerning the exclusive economic zone? (a) it
extends to a maximum of 200 km from the territorial sea baseline (b) it
includes the contiguous zone (c) all economic resources are controlled by a
state within this zone (d) it is a coastal nations territorial waters (e) all of the
above.
27. It extends out to the outer edge but at least 200 nautical miles (370 km; 230
mi) from the baselines of the territorial sea if the continental margin does not
stretch that far. It does not stretch beyond 350 nautical miles (650 km; 400 mi)
of the baseline, or beyond 100 nautical miles (190 km; 120 mi) from the 2,500
metres (8,200 ft) isobath, which is a line connecting the depths of the seabed
at 2,500 meters. (a) Territorial sea (b) internal waters (c) contiguous zone (d)
exclusive economic zone (e) continental shelf.
28. On a more positive note, also after World War II, both international
organizations and states gave recognition and importance to human rights.
Thus, on December 10, 1948, the United Nations General Assembly adopted
the Universal Declaration of Human Rights in which the right to life, liberty and
all the other fundamental rights of every person were proclaimed. Which of the
following is NOT true concerning the UNIVERSAL DECLARATION OF HUMAN
RIGHTS? (A) it is a treaty signed by states (B) the principles contained in the
said Declaration are now recognized as customarily binding upon the
members of the international community (C) it is a soft law (d) on December
10, 1948, the United Nations General Assembly adopted it (e) it forms part of
the law of our land.

29. Which of the following are the so called trends in international law which
our country cannot ignore? (a) the growing importance of the individual
person in public international law who, in the 20th century, has gradually
attained global recognition; (b) the higher value now being given to human
rights in the international sphere; (c) the corresponding duty of countries to
observe these universal human rights in fulfilling their treaty obligations; and
(d) the duty of this Court to balance the rights of the individual under our
fundamental law, on one hand, and the law on extradition, on the other(e) the
acceptable subjects of international law are still states and entities which are
given international personalities.
30. Which of the following is NOT correct concerning the Warsaw
Convention? Plaintiff can bring an action for damages concerning
airline violations at his option in (a) the court of any place where
the carrier is operating (b) in the court of the domicile of the
carrier (c) in the court where the carrier has its principal place of
business (d) the court where the carrier has an establishment by
which the contract has been made (e) the court of the place of
destination.
31. After the expiration in 1991 of the Agreement between the Philippines and
the United States of America concerning Military Bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except (a) under a
treaty duly concurred in by the Senate (b) the treaty must be ratified by a
majority of the votes cast by the people in a national referendum held for that
purpose (c) the treaty must be recognized as a treaty by the other contracting
State (d) only a and b (e) all of the above.
32.Which of the following is not correct concerning the Visiting
Forces Agreement? (a) it was duly concurred in by the Philippine
Senate and has been recognized as a treaty by the United States
as attested and certified by the duly authorized representative of
the United States government (b) The fact that the VFA was not
submitted for advice and consent of the United States
Senate detracts it from its status as a binding international
agreement or treaty recognized by the said State. (c) as an
implementing agreement of the RP-US Mutual Defense Treaty, it
was not necessary to submit the VFA to the US Senate for advice
and consent, but merely to the US Congress under the Case
Zablocki Act within 60 days of its ratification (d) the US has
certified that it recognizes the VFA as a binding international
agreement, i.e., a treaty, and this substantially complies with the
requirements of Art. XVIII, Sec. 25 of our Constitution (e) The
provision of Art. XVIII, Sec. 25 of the Constitution, is complied
with by virtue of the fact that the presence of the US Armed
Forces through the VFA is a presence "allowed under" the RP-US
Mutual Defense Treaty.
33. Which of the following is a sole executive agreement within
the American system of treaties? (a) These are advised and

consented to by the US Senate in accordance with Art. II, Sec. 2

of the US Constitution (b) These are joint agreements of the
President and Congress and need not be submitted to the
Senate (c) These are agreements entered into by the President
which are submitted to Congress within sixty (60) days of
ratification under the provisions of the Case-Zablocki Act, after
which they are recognized by the Congress and may be
implemented (d) all of the above (e) none of the above.
34. Which word describes the holding that treaties entered into by the United
States are not automatically part of their domestic law unless these treaties
are self-executing or there is an implementing legislation to make them
enforceable--- (a) Medellin (b) Zablocki (c) Martens (d) Kenney (e) Roerich.
35. Which is NOT correct concerning the interpretation of
treaties? (a) A treaty shall be interpreted in good faith in
accordance with the ordinary meaning to be given to the terms of
the treaty in their context and in the light of its object and
purpose (b) The state cannot take into account, together with
the context any subsequent agreement between the parties
regarding the interpretation of the treaty or the application of its
provisions (c)the state can take into account any instrument
which was made by one or more parties in connection with the
conclusion of the treaty and accepted by the other parties as an
instrument related to the party (d) all of the above (e) none of
the above.
36.Which of the following statements is erroneous? (a) the fact that
international law has been made part of the law of the land does not by any
means imply the primacy of international law over national law in the
municipal sphere (b) From the perspective of public international law, a treaty
is favored over municipal law pursuant to the principle of pacta sunt
servanda (c) a party to a treaty is allowed to "invoke the provisions of its
internal law as justification for its failure to perform a treaty (d) the provisions
of a treaty are always subject to qualification or amendment by a subsequent
law, or that it is subject to the police power of the State (e) Under the doctrine
of incorporation as applied in most countries, rules of international law are
given a standing equal, not superior, to national legislation.
37.The case of Gonzales v. Hechanova ruled that (a) Under the doctrine of
incorporation as applied in most countries, rules of international law are given
a standing equal, not superior, to national legislation(b) the fact that
international law has been made part of the law of the land does not by any
means imply the primacy of international law over national law in the
municipal sphere (c) From the perspective of public international law, a treaty
is favored over municipal law pursuant to the principle of pacta sunt
servanda (d) a party to a treaty is allowed to "invoke the provisions of its
internal law as justification for its failure to perform a treaty (e) our
Constitution authorizes the nullification of a treaty, not only when it conflicts

with the fundamental law, but, also, when it runs counter to an act of
Congress.
38. Which of the following may not be considered an en banc case
of the Supreme Court (a). Cases in which the constitutionality or
validity of any treaty, international or executive agreement, law,
executive order, or presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question;(b) Criminal
cases in which the appealed decision imposes the death penalty;
(c) Cases raising novel questions of law;(d). Cases affecting
ambassadors or other public ministers(e) cases affecting consuls.
39. IT is defined as a record of a routine agreement that has many
similarities with the private law contract. The agreement consists
two documents, each of the parties being in the possession of the
one signed by the representative of the other. Under the usual
procedure, the accepting State repeats the text of the offering
State to record its assent. The signatories of the letters may be
government Ministers, diplomats or departmental heads. It is
frequently resorted to, either because of its speedy procedure, or,
sometimes, to avoid the process of legislative approval. ----(a)
treaty (b) protocol (c) exchange of notes (d) bilateral treaty (e)
executive agreement.
40. It is defined as "an international agreement concluded
between states in written form and governed by international
law, whether embodied in a single instrument or in two or more
related
instruments
and
whatever
its
particular
designation-------- (a) treaty (b) protocol (c) exchange of notes (d)
bilateral treaty (e) executive agreement.
41. Which is NOT true concerning treaties and executive
agreements? (a) Under international law, there is a big difference
between treaties and executive agreements in terms of their
binding effects on the contracting states concerned (b) executive
agreements are similar to treaties, except that they do not
require legislative concurrence and are usually less formal and
deal with a narrower range of subject matters than treaties (c) a
treaty has greater "dignity" than an executive agreement,
because its constitutional efficacy is beyond doubt, a treaty
having behind it the authority of the President(d) a ratified
treaty, unlike an executive agreement, takes precedence over any
prior statutory enactment (e) International agreements may be in
the form of treaties that require legislative concurrence after
executive ratification.
42. The President of the International Court of Justice as of date is (a) Sangyun Song (b) Sang-Hyun Sang (c) Sang-Hyun Song (d) Ban Ki Moon (e) Jorge
Lomanaco .

43.Concerning the ICC, what is the meaning of primary jurisdiction? (a) it is

the duty of every State to exercise its criminal jurisdiction over those
responsible for international crimes."(b) it is the duty of the ICC to exercise its
criminal jurisdiction over those responsible for international crimes (C) the
state waives jurisdiction over international law war crime violators in favor of
the ICC (D) It is the duty of the state to arrest a person who commits crimes
against humanity (e) when a person is tried by the ICC, the municipal court
must give way to said trial.
44. Which of the following is not correct? (a)By their nature,
treaties cannot have a limiting effect on the otherwise
encompassing and absolute nature of sovereignty. (b) By their
voluntary act, nations may decide to surrender or waive some
aspects of their state power or agree to limit the exercise of their
otherwise exclusive and absolute jurisdiction. (c)The usual
underlying consideration in this partial surrender may be the
greater benefits derived from a pact or a reciprocal undertaking
of one contracting party to grant the same privileges or
immunities to the other. (d) On the rationale that the Philippines
has adopted the generally accepted principles of international
law as part of the law of the land, a portion of sovereignty may be
waived without violating the Constitution
(e) Such waiver does not amount to an unconstitutional
diminution or deprivation of jurisdiction of Philippine courts.
45. Which of the following is NOT correct? (a) under international
law there is a considerable difference between a State-Party and
a signatory to a treaty (b) Under the Vienna Convention on the
Law of Treaties, a signatory state is only obliged to refrain from
acts which would defeat the object and purpose of a treaty (c) a
State-Party is legally obliged to follow all the provisions of a
treaty in good faith (d) the Philippines is only a signatory to the
Rome Statute and not a State-Party for lack of ratification by the
Senate (e) Any argument obliging a signatory to the Rome
Statute to follow any provision in the treaty would be premature.
46. The state of X is a state party to the International Criminal
Court. State Y is not a signatory to the ICC. State X and Y
entered an agreement which states that when a citizen of X
commits a crime under the jurisdiction of the ICC in the state of Y,
state Y must surrender the person to the state of X and not to the
ICC. Which of the following statements is correct? (a) the
agreement is invalid as it is contrary to the ICC mandate (b) the
agreement is valid since X has primary jurisdiction over said
person as he is his citizen (c) the agreement is pursuant to the
provisions of the ICC (d) the agreement is valid, as the ICC can
also waive jurisdiction over said person (e) the agreement is valid
since jurisdiction over the ICC is optional.

47. The Ampatuan massacre can be considered as a crime against

humanity. Which of the following is correct? (a) The case can be
filed before the ICC (B) The Philippine court may waive
jurisdiction over said case in favor of the ICC (C) The ICC cannot
have jurisdiction because of the principle of ratione temporis (d)
the case must be filed before the ICC so that a fair and
expeditious trial can be had (e) The ICC does not have jurisdiction
because the Philippines is not yet a signatory to the ICC when the
crime was committed.
48. Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field, 1864 is contained in what Geneva Convention? (a) First (b) Second
(c) Third (d) Fourth (e) Fifth.
49. Until a more complete code of the laws of war is issued, the
High Contracting Parties think it right to declare that in cases not
included in the Regulations adopted by them, populations and
belligerents remain under the protection and empire of the
principles of international law, as they result from the usages
established between civilized nations, from the laws of humanity
and the requirements of the public conscience ---- is actually the
(a) Martins clause (b) Martens clause (c) Roerichs Pact (d)
preamble of the 1899 Hague Convention I (e) Porter Clause
50. The Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea, 1906, is contained in what Geneva
Convention? (a) First (b) Second (c) Third (d) Fourth (e) Fifth.
51. The Treatment of Prisoners of War, 1929 is contained in what Geneva
Convention? (a) First (b) Second (c) Third (d) Fourth (e) Fifth.
52. Protocol I of the 1949 Geneva Convention deals with (a) Protection of
Civilians in Non-international conflict (b) Protection of Victims of International
Armed Conflicts (c) Adoption of an Additional Distinctive Emblem (d)
Treatment of Prisoners of War, 1929 (e) Protection of Victims of International
Armed Conflicts
53. Mr. Verstuyf is the head of the World Health Organization. He
arrives in the Philippines brining with him a number of baggages
which is suspected by the Philippine Intelligence to contain
contraband. Which of the following statements is correct? (a) as
he is engaged in unlawful acts, his baggages can be searched (b)
he cannot be searched because he enjoys immunity from
search (c) he can be searched because he violated the Vienna
Convention on Diplomatic Relations (d) he can be searched
through a search warrant that a Judge issues (e) he cannot invoke
his immunity as he is suspected of bringing contraband to our
country.
54. Which is NOT true about the International Court of Justice? (a) Only states
can be parties to a suit before it (b) it can render advisory opinions (c) it

is bound by precedents (d) its jurisdiction is optional on the part of the states
(e) it uses customary law in deciding cases.
55. Which of the following statements is NOT correct concerning
the Security Council? (a) The General Assembly shall elect ten
other Members of the United Nations to be non-permanent
members of the Security Council, due regard being specially paid,
in the first in- stance to the contribution of Members of the
United Nations to the maintenance of inter- national peace and
security and to the other purposes of the Organization, and also
to equitable geographical distribution (b) The Security Council
shall consist of fifteen Members of the United Nations. The
Republic of China, France, the Union of Soviet Socialist , the
United Kingdom of Great Britain and Northern Ireland, and the
United States of America shall be permanent members of the
Security Council (c) The non-permanent members of the Security
Council shall be elected for a term of two years (d) A retiring
member shall not be eligible for immediate re-election. (e) Each
member of the Security Council shall have two representatives.
56. Which of the following is considered as an enforcement action
of the Security Council? (A) complete interruption of economic
relations (B) partial interruption of economic relations (C)
interruption of rail, sea, air, postal, telegraphic, radio, and other
means of communication (d) the severance of diplomatic
relations (e) demonstrations and blockade.