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Public International Law

Final Exam for Special Class 2018


Atty. Bernice Joana Piñol

1. Define the following terms in international law based on the United


Nations Charter (10%):

a) Negotiation
b) Mediation
c) Inquiry
d) Conciliation
e) Arbitration

2. How can the International Court of Justice acquire jurisdiction over


a case? (5%)

3. BALTISH and DANU are two adjacent States which sought the ICJ in
resolving "Land, Island and Maritime Frontier Dispute". HALLA filed an
application to intervene based on Art. 62 of the ICJ Statute:

a. to protect the legal rights of the Republic of HALLA in


the Gulf of Fonseca and the adjacent maritime areas
by all legal means available

b. to inform the Court of its legal rights which are in issue in


the dispute

The Court points out that there must be a legal interest that may be
affected. Further, Rules of Court require a statement of the precise
object of intervention. BALTISH contends that for intervention to be
proper, HALLA must also show a valid like of jurisdiction between
HALLA and the original parties to the dispute. HALLA however bases
jurisdiction only upon the ICJ Statute and states that Art. 62 does not
require a separate title of jurisdiction. In case of Intervention, can a
3rd-party State (that has legal interests) involve itself in the
proceedings without the consent of the original parties? Explain.
(10%)

4. Define the following traditionally allowable coercive measures:

a. Retorsion (2%)
b. Reprisal (2%)
c. Embargo (2%)
d. Boycott (2%)
e. Non-intercourse (2%)
f. Pacific Blockade (2%)

5. Distinguish non-international conflicts from international conflicts.


(10%)

6. In 1993, historians confirmed that during World War II, "comfort


women" were forced into serving the Japanese military. These
women were either abducted or lured by false promises of jobs as
cooks or waitresses, and eventually forced against their will to have
sex with Japanese soldiers on a daily basis during the course of the
war, and often suffered from severe beatings and venereal
diseases. The Japanese government contends that the "comfort
stations" were run as "onsite military brothels" (or prostitution houses)
by private operators, and not by the Japanese military. There were
many Filipina "comfort women."

a. Name at least one basic principle or norm of international


humanitarian law that was violated by the Japanese military in
the treatment of the "comfort women." (10%)

b. The surviving Filipina "comfort women" demand that the


Japanese government apologize and pay them compensation.
However, under the 1951 San Francisco Peace Agreement -the
legal instrument that ended the state of war between Japan
and the Allied Forces -all the injured states, including the
Philippines, received war reparations and, in return, waived all
claims against Japan arising from the war. Is that a valid
defense? (10%)

7. The dictatorial regime of the President A of the Republic of Gordon


was toppled by a combined force led by Gen. Abe, former royal
guards and the secessionist Gordon People’s Army. The new
government constituted a Truth and Reconciliation Commission to
look into the serious crimes committed under President A’s regime.
After the hearings, the Commission recommended that an amnesty
law be passed to cover even those involved in mass killings of
members of indigenous groups who opposed President A.
International human rights groups argued that the proposed
amnesty law is contrary to international law. Decide with reasons.
(10%)

8. What is international economic law? (10%)

9. The City Mayor issued an Executive Order declaring that the city
promotes responsible parenthood and upholds natural family
planning. He prohibits all hospitals operated by the city from
prescribing the use of artificial methods of contraception, including
condoms, pills, intrauterine devices and surgical sterilization. As a
result, poor women in his city lost their access to affordable family
planning programs. Private clinics, however, continue to render
family planning counsel and devices to paying clients. Is the
Philippines in breach of any obligation under international law?
Explain. (10%)

10. What is the jurisdiction of the International Criminal Court? (3%)

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