CEBU CITY PUBLIC INTERNATIONAL LAW POINTERS IN -LAW OF TREATIES -LAW OF THE SEA -STATE RESPONSIBILITY -PEACEFUL SETTLEMENT OF DISPUTES BETWEEN STATES -JUS AD BELLUM -JUS IN BELLO A. Law of Treaties -Must a treaty be in a certain form to be binding? -Distinguish between apparent from implied authority to represent a state -How will a state express its consent to be bound by a treaty? -When will a treaty enter into force? -What is pacta sunt servanda? -What happens when a treaty conflicts with a peremptory norm? -Obligations of a contracting state before treaty enters into force -May a state invoke its domestic law to justify non-compliance of a treaty provision? -Distinguish Art. 27 from Art. 46 of the 1969 VCLT -What is the effect of reservation to parties to a treaty who accept/reject the reservation? -Is a secret treaty valid? -When is breach of a treaty material? -What kind of treaty provisions may not be suspended or terminated on ground of material breach? -When is error not a ground to terminate/suspend a treaty? -In Gabcikovo-Nagymaros Project Case: -Did Slovakia commit material breach? Why or why not? Did the breach entitle Hungary to any relief? Why or why not? -Was Hungary allowed to invoke rebus sic stantibus? Why or why not? -Was Slovakias invocation of lawful countermeasure upheld by the ICJ? Why or why not? -What was the Courts discussion about impossibility of performance and doctrine of necessity? -Discuss the following principles in treaty interpretation: Textualism, Teleological Interpretation, Principle of Effectiveness and Systemic Integration -When may the travaux preparatoires and contemporaneous acts of state parties relevant in treaty interpretation? -May a treaty without exit provision be denounced or terminated? -What is the sommation-notification requirement in termination of treaties?
B. Law of the Sea
-What is the extent of authority, if any, of the coastal state over the: -internal waters -archipelagic waters -territorial sea -contiguous zone -exclusive economic zone -continental shelf; extended continental shelf -high seas -The area? -What is the rule as regards off-shore installations, artificial islands, roadsteads, low-tide elevations and rocks? -What is the right of innocent passage? -May a coastal state exercise criminal jurisdiction over acts committed onboard (1) merchant vessels and (2) warships in (a) internal waters and (b) territorial waters? -Distinguish the coastal states privilege/jurisdiction over the EEZ and over the Continental Shelf -What are the so-called Freedoms on the High Seas -What law governs ships in the high seas? -Which state has jurisdiction over collision cases in the high seas? Does UNCLOS III follow the Lotus Case? -What is piracy? -What is hot pursuit? -What regime applies to The Area? C. Responsibility of States for Internationally Wrongful Act -What is an internationally wrongful act? -When is an act attributable to the state? -Give one example of the following methods of attribution as provided for in the Draft ARSIWA: 1. By State Organs and Quasi-State Organs (Parastatal entities): a. Act of any State organ or official without regard to nature of function; (Art. 4) [State Organ] b. Act of a person or entity empowered to exercise governmental authority (Art. 5), placed at the disposal of a State by another state (Art. 6), even if such act is in excess of authority or contravenes Instructions; (Art. 7) [Quasi-state Organ] 2. By Non-State Organs (Private Persons or Group of Persons): a. Act done pursuant to instruction of, or under the direction or control of, the State; (Art. 8) [What is the threshold of direction or control?] b. Act done in the exercise of governmental authority in default of official authorities; (Art. 9)
c. Conduct of rebel movement which becomes the new Government of
a State; (Art. 10) 3. By Any Other Person/Entity: Conduct is acknowledged and adopted by the State, either expressly or by conduct, as its own. (Art. 11) -What is the scope of responsibility of states? -When is countermeasure lawful? D. Peaceful Settlement of Disputes Between States -Jurisdiction of ICJ in contentious cases -Advisory Jurisdiction of ICJ -Who has standing before the ICJ? E. Jus Ad Bellum -prohibition against the use of force; Art. 2(4) of UN Charter; scope of use of force -nature of the right of self-defense; Art. 51 of UN Charter; meaning of armed attack -armed attack by non-state actor -Caroline Test; Webster Formula -collective self-defense; UN Security Council Resolution 678; collective security; implied authorization -R2P; unilateral intervention -right to self-determination, secession, Remedial Right Only Theory (vs. Ascriptivist, Plebiscitary, Territorial Theories) -proportionality -Nicaragua Case; Accumulation Theory F. Jus in Bello -international armed conflict vs. non-international armed conflict -what are wars of national liberation? -superior responsibility vs. command responsibility -crime against humanity -extermination vs. murder vs. genocide -war crime -principle of complementarity -captured combatants; POWs -international humanitarian law vs. international human rights law -military necessity; proportionality; principle of distinction oOo