PUBLIC INTERNATIONAL LAW QUESTIONS

Chapter 12: International Human Rights Law

Q: How does the international criminal court work?

A: It will not function as an all-purpose court. Its jurisdiction will
be limited to the most serious international crimes: genocide,
crimes against humanity, war crimes, and the crime of aggression.
These crimes are carefully defined in the treaty. The court is meant
to be a court of last resort. It normally must await referral of a crime
either by a state party or by the Security Council. The court is not
allowed to act when the local judicial system is able and willing to
prosecute

Q: Explain the principle of complementarity as an

important feature in International Criminal Court.
A: The ICC was intended to complement and not to supplant the
functioning of existing military and civilian tribunals in national
judicial systems like the ICJ.
The ICC is meant to be a court of last resort. It may only exercise its
jurisdiction when the UN Security Council or a state party refer
situations or crimes or if state internationally avoids its obligation by
shielding a criminal from responsibility.

Q: Give the 3 obligations assumed by the UN organization

on the emerging international bill of human rights.
A: 1. Higher standards of living; full employment; and conditions for
economic and social progress and development
2. Solutions for international related problems
3. Universal respect for all and observance of human rights
Chapter 13: Peaceful Settlements of International Disputes

Q: What is a dispute under international law?

A: A disagreement on a point of law or fact, or a conflict of legal
view between two persons; in the case of international law, a
conflict of legal view between between states.

Q: what are examples of disputes?

A: (i). disagreement over the interpretation of a treaty;
(ii). disagreement about state boundaries;
(iii). disagreement about state responsibility.

Q: What are the two types of ICJ jurisdiction? Briefly

explain each.
A:
1. Contentious Jurisdiction-the jurisdiction of the icj
over disputes between states in which the court
produces binding rulings between states that agree
 or have previously agreed, to submit to the ruling of
the court.

2. Advisory jurisdiction- The Icj may give an advisory

opinions,which provide reasoned,but non binding,
rulings on properly submitted questions of
international law usually at the request of the united
nations general assembly.

Q: What are the 4 instances where Arbitral decisions may

be challenge?
A:
1. The arbitral body exceeds its power;
2. There was corruption on the part of a member of the
body;
3. Failure to state reasons for the awards OR serious
departure from fundamental rule of procedure;
4. The undertaking to arbitrate OR the compromis is a
nullity.

Chapter 14: The Use of Force Short of War

Q: What is humanitarian intervention?

A: It refers to the threat or use of force by a state, group of states,
or international organization primarily for the purpose of protecting
the nationals of a particular state from widespread deprivations of
internationally recognized human rights, including genocide and
crimes against humanity.

Q: What are the traditionally allowable coercive measures?

A: 1. Severance of diplomatic relations
2. Reprisal
3. Retorsion
4. Embargo
5. Boycott
6. Non-intercourse
7. Pacific blockade

Q: What is the view of non-restrictive school on the

doctrine of anticipatory self defense?
A: A state need no to wait until an armed attack has occurred to
launch a legitimate pre-attack strike.
 Chapter 15: The Law of War

Q: What are the purposes of International Humanitarian

Law?
A:
1. Protect the civilian population and civilian objects.
2. Prohibit unnecessary suffering to combatants.
3. Prohibit the use of weapons causing harm or which uselessly
aggravates their suffering.

Q: When can a neutral not avail himself of neutrality?

A:
1. If he commits hostile acts against a belligerent
2. If he commits acts in favor of a belligerent

Q: Aside from the acts mentioned under the RPC, what are
the other requisites of the crime of Terrorism?
A:
1. The terrorists sow and create a condition of widespread and
extraordinary fear and panic among the populace.
2. in order to coerce the government to give in to an unlawful
demand
 Chapter 16: International Environmental Law

Q: WHO HAVE ENVIRONMENTAL RIGHTS?

A:
a. Persons capable of having rights
b. Minors pleading for intergenerational protection (Factoran
case)

Q: WHAT IS SUSTAINABLE DEVELOPMENT?

A: (SUGGESTED ANSWER)
This CONCEPT encourages development in a manner and
according to methods which do not compromise the ability of
future generation and other States to meet their needs.
Q: WHAT ARE THE TWO(2) DECLATIONS USED IN IEL AND
THEIR PURPOSE?
A:
a. Stockholm Declaration

b. Rio Declaration

(BOTH) Its purpose is to call upon the governments and

peoples to exert common efforts for the preservation and
improvement of the human environment, for the benefit of all
people and for their prosperity.

CHAPTER 17: INTERNATIONAL ECONOMIC LAW

Q: What were the three international bodies born as a
result of the Bretton Woods Conference of 1944?
A: 1. International Monetary Fund (IMF)
2. World Bank
3. International Trade Organization

Q: Differentiate the International Monetary Fund from the

World Bank as regards their functions.
A: The IMF functions to provide SHORT-TERM FINANCING to
countries in balance of payments difficulties while the World Bank
is designed to provide LONG-TERM CAPITAL to support growth
and development of countries.

Q: What is the Principle of National Interest of

International Trade Law?
A: This prohibits discrimination between domestic producers and
foreign producers. In practice, this means that once foreign
producers have paid the proper border charges, no additional
burdens may be imposed on foreign products.