Public International Law: Midterms Practice (Multiple Choice)
Chapter I - Nature of International Law
What is international law?
a. A body of rules and principles of action
b. A set of guidelines for domestic legal systems
c. A moral code for individuals
d. A historical account of diplomatic relations
According to the Restatement (Third) of Foreign Relations Law of the United States, what does international law deal with?
a. The conduct of states only
b. The conduct of international organizations only
c. The conduct of states and international organizations
d. The conduct of individuals only
Who are the principal subjects of international law today?
a. States only
b. International organizations only
c. States and international organizations
d. Individuals only
Which theoretical basis of international law suggests that law derives its binding force from the consent of states?
a. Command theory
b. Natural law theory
c. Positivist theory
d. Consensual theory
According to the command theory, what is the basis of law?
a. Consent of states
b. The natural order
c. Commands from a sovereign
d. International treaties
Who is considered the father of modern international law?
a. John Austin
b. Hugo Grotius
c. Francisco de Vitoria
d. Samuel Pufendorf
What significant milestone marked the end of the Thirty Years War and established a treaty-based framework for peace cooperation?
a. Treaty of Versailles
b. Congress of Vienna
c. Peace of Westphalia
d. Covenant of the League of Nations
Which organization was created after World War I to prevent the recurrence of world conflagration?
a. United Nations
b. European Union
c. League of Nations
d. NATO
What marked the shift of power away from Europe and the beginning of a truly universal institution in international relations?
a. The Cold War
b. The League of Nations
c. The United Nations
d. The Napoleonic Wars
The dissolution of which country marked the end of the Cold War?
a. The United States
b. The Soviet Union
c. Yugoslavia
d. Germany
Which country emerged as the sole superpower after the Cold War?
a. The United States
b. The Soviet Union
c. China
d. France
Which factors have contributed to the expansion of the scope of international law?
a. Fear of war and the regulation of space expeditions
b. Rising demands for social reform and protection of human rights
c. Rapid changes in technology and the multiplication of states
d. All of the above
What does international law regulate in contemporary international life?
a. Domestic legal systems
b. Foreign diplomacy only
c. All interests of contemporary international and even domestic life
d. International trade agreements
Which topic is NOT covered by international law today?
a. Regulation of space expeditions
b. Division of the ocean floor
c. Protection of human rights
d. Control of national currencies
What is the primary concern for the preservation of peace in international law?
a. Regulating space exploration
b. Protecting human rights
c. Managing the international financial system
d. All of the above
Which significant milestone established a treaty-based framework for peace cooperation?
a. Congress of Vienna
b. Peace of Westphalia
c. Treaty of Versailles
d. Covenant of the League of Nations
What did the dissolution of the Soviet Union mark the end of?
a. The League of Nations
b. The Cold War
c. The United Nations
d. The European Union
Chapter II - The Sources of International Law
Which of the following is NOT considered a formal source of international law?
a. Legislation
b. State practice
c. Judicial decisions
d. Treaty making
e. Writings of publicists
According to Article 38(1) of the Statute of the International Court of Justice, what is the function of the Court regarding international law disputes?
a. To legislate new international laws
b. To apply rules expressly recognized by contesting states
c. To create general principles of law
d. To enforce domestic laws internationally
e. To override customary international law
What is the material factor that determines the existence of custom in international law?
a. Duration of state practice
b. Opinio juris
c. Uniformity of practice
d. Extent of practice
e. Generality of practice
In the context of international law, what is opinio juris?
a. The psychological factor determining state practice
b. The general practice of states
c. The duration of state practice
d. The consistency of state practice
e. The written opinions of international legal scholars
Which case established the principle that a later treaty will prevail over an earlier customary rule between the parties of the treaty?
a. Wimbledon Case (PCIJ 1923)
b. Nicaragua v. United States (ICJ Reports 1986)
c. Anglo-French Continental Shelf Case (1979)
d. Fisheries Jurisdiction Case (Merits)
e. Right of Passage over Indian Territory (ICJ Reports 1960)
What role does equity play in international law according to Judge Hudson's opinion in the Diversion of Water from the Meuse case?
a. Equity supplements or modifies conventional or customary law to achieve justice.
b. Equity allows individual states to override international treaties.
c. Equity is only applicable when there is a gap in international law.
d. Equity is a procedural tool used by judges to speed up the legal process.
e. Equity is not recognized in international law.
Which of the following is considered a "soft law" source in international relations?
a. UN Resolutions
b. Treaties
c. Judicial decisions
d. Domestic laws
e. Customary international law
According to the Restatement (Third) of Foreign Relations Law of the United States, how is a rule of international law established?
a. By domestic legislation
b. By international agreement
c. By derivation from general principles common to major legal systems
d. By unilateral declaration of a state
e. By non-binding resolutions of international organizations
Which source of international law refers to principles of municipal law common to the world's major legal systems?
a. Custom
b. Treaties
c. General principles of law recognized by civilized nations
d. Judicial decisions
e. Equity
What is the significance of the Martens Clause in international humanitarian law?
a. It establishes instant custom in times of armed conflict.
b. It reaffirms the role of natural law in international humanitarian law.
c. It emphasizes the superiority of state practice over customary law.
d. It requires a minimum duration of state practice for a custom to be recognized.
e. It limits the application of customary law to specific regions of armed conflict.
In the context of international law, what does the term "usus" refer to?
a. The psychological factor determining state practice
b. The material factor determining state practice
c. The consistency of state practice
d. The duration of state practice
e. The general practice of states
Which international court declared that every violation of an engagement involves an obligation to make reparation?
a. International Court of Justice
b. Permanent Court of Justice
c. International Criminal Court
d. European Court of Human Rights
e. International Tribunal for the Law of the Sea
What is the role of general principles of law recognized by civilized nations in international law according to the Restatement (Third) of Foreign Relations Law of the United States?
a. They are primary sources of international law.
b. They are subsidiary means for the determination of rules of law.
c. They have the same status as treaties in international relations.
d. They are only applicable in cases involving developed countries.
e. They are binding on all states, regardless of their recognition.
Which provision of the Vienna Convention on the Law of Treaties states that a treaty is void if it conflicts with a peremptory norm of general international law?
a. Article 38
b. Article 51
c. Article 53
d. Article 59
e. Article 62
What distinguishes "contract treaties" from "law making treaties" in international law?
a. Contract treaties are binding only on the parties, while law making treaties create universal laws.
b. Law making treaties are subject to ratification by national parliaments, while contract treaties are not.
c. Contract treaties are exclusively related to trade and commerce, while law making treaties cover broader areas of international relations.
d. Law making treaties can only be concluded by states with similar legal systems, while contract treaties can be between states with different legal traditions.
e. Contract treaties are more enforceable in international courts than law making treaties.
Which international legal principle allows a court to decide a case based on fairness and equity, even if it does not strictly follow the law?
a. Estoppel principle
b. Ex aequo et bono principle
c. Jus cogens principle
d. Opinio juris principle
e. Pacta sunt servanda principle
What is the role of equity in international law according to Judge Hudson's opinion in the Diversion of Water from the Meuse case?
a. Equity is only applicable when there is a gap in international law.
b. Equity supplements or modifies conventional or customary law to achieve justice.
c. Equity allows individual states to override international treaties.
d. Equity is not recognized in international law.
e. Equity is a procedural tool used by judges to speed up the legal process.
What role do UN Resolutions play in international law?
a. They are binding on all member states.
b. They have the force of law and can be enforced by international courts.
c. They are merely recommendatory and reflect the opinions of the UN General Assembly.
d. They can unilaterally amend international treaties.
e. They serve as the primary source of customary international law.
In international law, what does the term "ex aequo et bono" mean?
a. According to the will of the parties involved
b. According to what is fair and equitable
c. According to customary international law
d. According to the most recent treaty ratified
e. According to the decisions of the International Law Commission
Which international legal principle states that a treaty is void if it conflicts with a peremptory norm of general international law?
a. Pacta sunt servanda principle
b. Jus cogens principle
c. Opinio juris principle
d. Ex aequo et bono principle
e. Stare decisis principle
Chapter III γΌ The Law of Treaties
What is the definition of a treaty according to the 1969 Vienna Convention on the Law of Treaties?
a. A formal agreement between two heads of state
b. An international agreement concluded between states in written form and governed by international law
c. A verbal understanding between diplomats
d. An informal agreement between neighboring countries
What is the 1969 Vienna Convention on the Law of Treaties?
a. A global peace treaty
b. A legal framework governing treaties between states
c. A convention for environmental protection
d. An agreement for economic cooperation
Which of the following accurately describes the characteristics of treaties?
a. They must be in oral form to be binding
b. They are not governed by international law
c. They can only be between two states
d. They are in written form and governed by international law
Which of the following is an example of a multilateral treaty?
a. Mutual Defense Treaty (United States–Philippines)
b. ASEAN Trade in Goods Agreement (ATIGA)
c. Paris Agreement on Climate Change
d. Bilateral trade agreement between two countries
How is the consent to be bound expressed in a treaty?
a. By oral declaration
b. By exchange of letters between diplomats
c. By signature, ratification, acceptance, approval, or accession
d. By handshake between representatives
What is the purpose of reservations in treaties?
a. To nullify the entire treaty
b. To modify the legal effect of certain provisions in their application to a specific state
c. To create new provisions in the treaty
d. To simplify the treaty text
When does a treaty enter into force?
a. On the date agreed upon by the parties or when consent has been established for all negotiating states
b. Only when all parties have ratified the treaty
c. After approval from the United Nations
d. After a waiting period of 10 years
What is the purpose of provisional application of a treaty?
a. To make the treaty applicable only during wartime
b. To test the effectiveness of the treaty before it enters into force
c. To apply the treaty provisionally pending its entry into force
d. To delay the implementation of the treaty indefinitely
Which article of the Vienna Convention discusses the formulation of reservations?
a. Article 7
b. Article 19
c. Article 22
d. Article 25
Which international body made observations about reservations in human rights treaties?
a. United Nations Security Council
b. International Court of Justice
c. Human Rights Committee of the UN
d. Amnesty International
What was the result of the USSR's protest against the Philippine reservation to the Convention on the Law of the Sea?
a. The reservation was withdrawn
b. The reservation was declared invalid
c. The reservation was accepted by all parties
d. The protest had no effect on the reservation
What does the 1969 Vienna Convention on the Law of Treaties govern?
a. International trade agreements
b. Treaties between states and their legal effects
c. Maritime boundaries between countries
d. Space exploration treaties
Which of the following treaties is an example of a collaborative mechanism treaty?
a. United Nations Charter
b. ASEAN Trade in Goods Agreement (ATIGA)
c. Mutual Defense Treaty (United States–Philippines)
d. Nuclear Test Ban Treaty
What is the authentication of a treaty?
a. The process of confirming the treaty by the United Nations
b. The establishment of the consent of states to be bound by the treaty
c. The process of confirming the text of the treaty as authentic and definitive
d. The signing of the treaty by all parties
What does the Vienna Convention say about unilateral declarations made by a State?
a. They have no legal consequences
b. They may create legal obligations if made publicly and with an intent to be bound
c. They are considered binding only if made during international negotiations
d. They are always invalid in the context of treaties
What is the significance of the entry into force of a treaty?
a. It determines when a treaty was signed
b. It signifies the official start of the treaty's implementation and legal effects
c. It indicates the date when negotiations for the treaty began
d. It marks the date when the treaty was drafted
In the context of treaties, what is the role of foreign ministries during negotiation?
a. They validate treaties without negotiation
b. They provide authorization and negotiate treaties
c. They solely ratify treaties after negotiation
d. They interpret treaties after they are signed
Which type of treaty is commonly used to address complex issues requiring cooperation from multiple states?
a. Bilateral treaties
b. Unilateral treaties
c. Multilateral treaties
d. Regional treaties
What is the purpose of bilateral treaties?
a. To create shared expectations between two states
b. To involve multiple states in a legal agreement
c. To regulate commercial relations worldwide
d. To establish international organizations
What is the definition of "Reservations" in the context of treaties?
a. Unilateral statements made by a State modifying treaty provisions
b. Formal agreements reached during international negotiations
c. Statements made by diplomats during treaty discussions
d. Explanatory notes added to treaties for clarity
What does the term "Authentication of Text" mean in the context of treaties?
a. Determining the authorship of the treaty
b. Confirming the text of the treaty as authentic and definitive
c. Adding electronic signatures to the treaty document
d. Verifying the linguistic accuracy of the treaty
What is the definition of "Collaborative Treaties" in international relations?
a. Agreements involving mutual concessions between two states
b. Treaties established through joint efforts of multiple states to promote cooperation on specific issues
c. Formal contracts between nations for military alliances
d. Agreements that involve financial collaboration between countries
What does the term "Consent to be Bound" signify in the context of treaties?
a. The mutual agreement between two states to draft a treaty
b. The willingness of a State to be legally obligated by a treaty
c. A diplomatic ceremony signifying the initiation of treaty negotiations
d. The official ratification process of a treaty
What is the definition of "Unilateral Declaration" in international law?
a. Agreements between two nations made through intermediaries
b. Public statements made by one State concerning legal or factual situations
c. Informal agreements between neighboring countries
d. Written commitments made during secret negotiations
What does the term "Full Powers" mean in the context of treaty negotiations?
a. Unlimited authority given to diplomats during treaty discussions
b. Adequate financial resources allocated for treaty negotiations
c. The complete text of a proposed treaty
d. Diplomatic immunity granted to negotiators during international conferences
What does the term "Ratification" signify in the process of making treaties effective?
a. The formal confirmation of the treaty's authenticity
b. The process of approving and accepting a treaty
c. The act of publicizing the treaty text
d. The negotiation phase preceding the signing of a treaty
According to Article 26 of the Convention, what is the fundamental principle regarding the performance of treaties?
a. Parties must negotiate in good faith.
b. Parties should interpret treaties in the light of their own interests.
c. Treaties must be performed in good faith.
d. Parties may invoke their internal law to avoid treaty obligations.
Which article of the Convention prohibits a party from using its internal law as a justification for failing to perform a treaty?
a. Article 26
b. Article 29
c. Article 46
d. Article 31
What does Article 29 say about the territorial scope of a treaty's applicability?
a. Treaties only apply within the territory of one party.
b. Treaties apply to all parties' territories unless stated otherwise.
c. Treaties have no territorial applicability.
d. Treaties apply only to international waters.
According to Article 31, how should a treaty be interpreted?
a. Based on the subjective intent of the parties
b. In a manner that benefits one party over others
c. In good faith, considering the ordinary meaning, context, and purpose
d. By disregarding the text and relying on post-ratification practices
What is the primary approach to treaty interpretation in Article 31(1)?
a. Subjective approach
b. Objective approach
c. Teleological approach
d. Ambiguous approach
In the case of ambiguous treaty terms, what supplementary sources can be used for interpretation according to Article 32?
a. Negotiation records and official statements
b. Precedents from national courts
c. Preparatory work of the treaty and its circumstances
d. Personal opinions of the treaty's signatories
According to Article 33, how are treaties authenticated in two or more languages interpreted when a divergence exists?
a. The language most favorable to the stronger party prevails.
b. A random language is chosen as the authoritative text.
c. The meaning that best reconciles the texts in light of the treaty's purpose is adopted.
d. The dispute is settled by the International Court of Justice.
In AIR FRANCE V. SAKS, when is an injury considered an "accident" under Article 17 of the Warsaw Convention?
a. When the injury is a result of any event during air travel
b. When the injury is caused by the passenger's own reaction to normal operation
c. When the injury is caused by any unexpected event
d. When the injury occurs on board the aircraft
According to AIR FRANCE V. SAKS, what language was the Warsaw Convention originally drafted in?
a. English
b. French
c. Spanish
d. Russian
What grounds can invalidate a treaty, as mentioned in the text?
a, All disagreements among parties
b. Error of fact, fraud, and violation of jus cogens
c. Corruption and violation of domestic norms
d. Violation of municipal law and coercion
How is "fraud" defined as a ground for invalidating a treaty in the text?
a. Any misrepresentation by either party
b. Any deceitful act during the treaty negotiation
c. Inducing a state to conclude a treaty through false conduct
d. Any act that harms a state's interests
What can invalidate a treaty if it is procured through the corruption of a state's representative?
a. Violation of the state's sovereignty
b. Violation of international norms
c. The threat of using force
d. Corruption of the state's representatives
Under what circumstances can a state plead its municipal law as a ground for invalidating a treaty?
a. Always, without any exceptions
b. When the violation of municipal law is significant
c. When the violation is not manifest
d. When the violation concerns a rule of minor importance
Which article allows for the amendment of multilateral treaties, and what is the general rule for amendments?
a. Article 30 - Amendments require the consent of all parties.
b. Article 40 - Amendments require the consent of all parties.
c. Article 41 - Amendments require the consent of some parties.
d. Article 39 - Amendments are not allowed.
In multilateral treaties, when can an amendment affect only some states?
a. When all parties agree to it
b. When some states agree to it, and it does not affect other parties' rights or obligations
c. When the treaty specifically allows for partial amendments
d. When a majority of states agree to it
What is the primary difference between "amendment" and "modification" of a treaty?
a. Amendment requires the unanimous consent of all parties, while modification can involve some parties.
b. Amendment is a formal revision, while modification is an informal adjustment.
c. Amendment can be made unilaterally, while modification requires bilateral consent.
d. Amendment and modification are synonyms and can be used interchangeably.
According to Article 41, under what conditions can two or more parties modify a multilateral treaty?
a. When they agree to modify the treaty and it affects the other parties' rights.
b. When the modification doesn't affect the treaty's object and purpose.
c. When the treaty explicitly prohibits modification.
d. When a majority of parties agree to the modification.
What are the grounds for terminating or suspending a treaty according to the Vienna Convention on the Law of Treaties?
a. With unilateral declaration by any party
b. With the consent of all parties involved
c. In case of material breach, impossibility of performance, or fundamental change of circumstances
d. Only when the treaty has expired
2. According to Article 60 of the Vienna Convention, what constitutes a material breach of a treaty?
a. Any violation of the treaty, no matter how minor
b. A repudiation of the treaty not sanctioned by the Convention or a violation of a provision essential to the treaty's purpose
c. Violation of any provision, even if non-essential
d. Violation of provisions related to the protection of the human person
How can a treaty be terminated or suspended?
a. Only with the consent of the parties
b. Only if there is a change of government
c. According to the terms of the treaty or with the consent of the parties
d. Only if there is a severance of diplomatic relations
What is a condition for a material breach of a bilateral treaty according to Article 60?
a. Violation of any provision of the treaty
b. Violation of a provision essential to the accomplishment of the treaty's object or purpose
c. Repudiation of the treaty sanctioned by the Convention
d. Change in government policies
In which case can a material breach of a treaty be invoked as a ground for termination or withdrawal?
a. Violation of any non-essential provision
b. Violation of any provision of the treaty
c. Violation of a provision essential to the accomplishment of the treaty's object or purpose
d. Violation of a provision related to human rights
According to Article 61, under what circumstances can a party invoke the impossibility of performing a treaty?
a. If the impossibility results from the permanent disappearance of an object indispensable for the execution of the treaty
b. If the impossibility is temporary, it may be invoked only as a ground for suspending the operation of the treaty
c. Both a and b
d. Impossibility cannot be invoked as a ground for terminating a treaty
What is the fundamental requirement for invoking a fundamental change of circumstances according to Article 62?
a. The change must have radically transformed the extent of obligations still to be performed
b. The change must have resulted in a minor modification of the treaty obligations
c. The change must have been foreseen by the parties
d. The change must be related to diplomatic relations only
According to the provided information, which case involved the invocation of a fundamental change of circumstances?
a. Danube Dam Case (Hungary v. Slovakia)
b. Namibia Case (ICJ Rep 1971)
c. Fisheries Jurisdiction Case (United Kingdom v. Iceland) ICJ Rep 1973
d. Goldwater v. Carter
How long does a party have to wait after raising an objection before carrying out a measure proposed for terminating a treaty, according to Article 65?
a. 1 month
b. 3 months
c. 6 months
d. 12 months
In the case of a dispute concerning the termination of a treaty, which international body can be approached for a decision according to Article 66?
a. The International Court of Justice
b. United Nations General Assembly
c. The International Criminal Court
d. The International Tribunal for the Law of the Sea
According to the information provided, who has the authority to terminate a treaty?
a. Only the President of a country
b. Only the Senate of a country
c. The authority to terminate should belong to the one who has the authority to enter into the treaty
d. The United Nations
Which article of the Vienna Convention discusses the procedures for declaring invalidity, termination, withdrawal, or suspension of a treaty?
a. Article 60
b. Article 65
c. Article 67
d. Article 68
What does the "clean slate" rule, mentioned in the provided information, mean for a newly independent State?
a. It is bound to maintain all treaties made by its predecessor.
b. It is not bound to maintain any treaty made by its predecessor.
c. It must renegotiate all treaties made by its predecessor.
d. It must seek approval from the United Nations for all treaties made by its predecessor.
According to Article 12 of the Vienna Convention on the Succession of States with Respect to Treaties, what is not affected by a succession of States?
a. Obligations and rights related to the use of any territory established by a treaty for the benefit of a foreign State
b. Obligations related to the use of any territory established by a treaty for the benefit of a group of States or all States
c. Both a and b
d. Neither a nor b
Which case involved the termination of a treaty due to state of necessity?
a. Danube Dam Case (Hungary v. Slovakia)
b. Namibia Case (ICJ Rep 1971)
c. Goldwater v. Carter
d. Fisheries Jurisdiction Case (United Kingdom v. Iceland) ICJ Rep 1973
In the context of treaty termination, what does the term "compromissory clause" refer to?
a. A clause that allows any party to submit disputes to the International Court of Justice
b. A clause that allows parties to compromise and renegotiate the terms of the treaty
c. A clause that allows parties to suspend the treaty temporarily
d. A clause that allows parties to terminate the treaty unilaterally
What is the consequence of a premature termination notification, as per the provided information?
a. The termination becomes invalid.
b. The termination takes effect immediately.
c. The termination is delayed until the dispute is resolved.
d. The termination becomes legally binding.
In the context of treaty termination, what is the significance of the "change of fundamental conditions (rebus sic stantibus)" principle?
a. It allows parties to terminate a treaty if the fundamental conditions have not changed.
b. It allows parties to terminate a treaty if the fundamental conditions have changed radically.
c. It only applies to treaties related to environmental issues.
d. It does not have any significance in treaty termination.
Chapter IV - International Law and Municipal Law
When there is a conflict between international law and domestic law, which theory asserts that international law and municipal law are essentially different and municipal law must prevail?
a. Doctrine of Transformation
b. Monistic Theory
c. Dualist or Pluralist Theory
d. Doctrine of Incorporation
According to the Dualist theory, what is the source of municipal law and international law, respectively?
a. Municipal law: treaties, International law: local custom
b. Municipal law: local custom or legislation, International law: treaties and custom among states
c. Municipal law: relations between states, International law: relations between individual persons
d. Municipal law: law between sovereign states, International law: law of the sovereign over individuals
Which article of the Vienna Convention on the Law of Treaties states that a party cannot invoke its internal law as justification for failure to perform a treaty?
a. Article 60
b. Article 13
c. Article 27
d. Article 46
According to the Monistic Theory, how are international law and domestic law viewed?
a. International law is superior to domestic law
b. Municipal law subsumes and is superior to international law
c. Both a & b
d. Neither a & b
Which principle allows a state to modify its law to ensure the fulfillment of international obligations undertaken in a treaty?
a. Pacta sunt servanda
b. Doctrine of Transformation
c. Principle of International Morality
d. Rebus sic stantibus
What does Article II, Section 2 of the Philippine Constitution state regarding international law?
a. The Philippines adopts the generally accepted principles of international law as part of the law of the land.
b. International law has no significance in the Philippines.
c. The Philippines is exempt from international legal obligations.
d. International law is subordinate to municipal law in the Philippines.
According to the Dualist theory, what is the role of international law in the settlement of domestic conflicts?
a. International law can always settle domestic conflicts.
b. International law can settle conflicts if incorporated into domestic law.
c. International law has no role in the settlement of domestic conflicts.
d. International law is always superior to domestic law.
What does the Doctrine of Incorporation suggest regarding the relationship between international law and domestic law?
a. International law is always superior to domestic law.
b. International law becomes part of domestic law without specific transformation.
c. International law can never be incorporated into domestic law.
d. Domestic law is irrelevant to international law.
In the context of the Philippines, what must happen for a treaty to become part of the law of the land?
a. Ratification by the Senate
b. Approval by the President
c. Publication in a government gazette
d. Approval by the Supreme Court
What does Article 46 of the Vienna Convention on the Law of Treaties specify regarding the violation of internal law by a state?
a. A violation is always justified by internal law.
b. A violation is always considered manifest and justified.
c. A violation is manifest if it concerns a rule of fundamental importance.
d. A violation is never considered manifest.
14. According to the Philippine Constitution, who has the power to declare a treaty unconstitutional?
a. The Senate
b. The President
c. The Supreme Court
d. The Congress
15. In the context of the Philippines, which principle allows the consideration of international law in domestic courts, even if the Philippines is not a signatory to specific international agreements?
a. Pacta sunt servanda
b. Doctrine of Incorporation
c. Monistic Theory
d. Principle of International Morality
Chapter V - Subject of International Law: States
What are subjects of international law?
a. Entities endowed with rights and obligations in the international order
b. Citizens of a specific country
c. Companies and corporations
d. None of the above
Which of the following is NOT an element of the state according to the Montevideo Convention?
a. Permanent population
b. Defined territory
c. Standing army
d. Government
What does the concept of independence entail for a state?
a. The capacity to provide for its own well-being and development without domination by other states
b. The absence of a government
c. Economic self-sufficiency
d. Military superiority over neighboring states
Which principle emphasizes the equality of legal rights among states, regardless of their size or power?
a. Principle of sovereignty
b. Principle of non-interference
c. Principle of peaceful co-existence
d. Principle of equality
What is the main purpose of the UN Charter according to Article 1?
a. To promote international trade
b. To maintain international peace and security
c. To establish a world government
d. To facilitate cultural exchange between nations
Which theory asserts that recognition constitutes a state, conferring legal personality on the entity?
a. Declaratory theory
b. Constitutive theory
c. Monistic theory
d. Pluralistic theory
In the context of state succession, what does "rebus sic stantibus" refer to?
a. A principle stating that states must stand still in international affairs
b. A doctrine allowing treaty obligations to be modified in case of a fundamental change of circumstances
c. A treaty governing maritime boundaries
d. A principle allowing states to change their boundaries without international consent
Which international organization replaced the mandate system after World War II?
a. League of Nations
b. NATO (North Atlantic Treaty Organization)
c. United Nations
d. European Union
What does the term "protectorates" refer to in the context of international law?
a. Dependent states with control over internal affairs but controlled externally
b. Independent states with no external control
c. Autonomous regions within a federal state
d. States with no international recognition
What is the significance of the principle of "uti possidetis" in state succession?
a. It asserts that states succeed to the rights and obligations of the predecessor state.
b. It ensures the equality of states in international law.
c. It preserves pre-existing boundary and other territorial agreements.
d. It grants full sovereignty to newly formed states.
Which entity is considered a non-state territory that is de jure part of China but functions with substantial independence?
a. Tibet
b. Hong Kong
c. Taiwan
d. Macau
What does the concept of "peaceful co-existence" among states entail?
a. Mutual non-interference in internal affairs
b. Continuous state of peace without conflicts
c. Absence of borders between nations
d. A global alliance for peacekeeping missions
In the context of state recognition, which theory suggests that states are under no obligation to enter into bilateral relations?
a. Constitutive theory
b. Pluralistic theory
c. Declaratory theory
d. Monistic theory
Which document recognizes both the state of Vatican City and the sovereignty of the Holy See in international relations?
a. Treaty of Versailles
b. Geneva Conventions
c. Lateran Treaty
d. Vienna Convention on Diplomatic Relations
According to the Montevideo Convention, which of the following is an element of a state?
a. A strong economy
b. Permanent population
c. Access to natural resources
d. Political ideology
Which principle allows states to seek relief from treaty obligations under certain circumstances?
a. Doctrine of rebus sic stantibus
b. Principle of uti possidetis
c. Principle of sovereignty
d. Principle of reciprocity
What is the main purpose of the UN Security Council?
a. To promote cultural exchange between nations
b. To maintain international peace and security
c. To facilitate economic cooperation among member states
d. To oversee global environmental regulations
What is the significance of the “moving treaty rule” in the context of state succession?
a. It allows states to amend treaties unilaterally.
b. It ensures that international agreements of the successor state apply to the territory predecessor state which becomes part of another state.
c. It grants immunity to states from treaty obligations.
d. It permits states to withdraw from international treaties without consequences.
Which principle asserts that each state has one vote in the General Assembly of the United Nations?
a. Principle of reciprocity
b. Principle of peaceful co-existence
c. Principle of sovereign equality
d. Principle of territorial integrity
Chapter VI γΌ Other Subjects of International Law
How do international organizations come into existence?
a. Through national laws
b. By executive orders
c. Through multilateral treaties
d. By international conventions
What is the constituent document of international organizations?
a. National constitutions
b. Multilateral treaties
c. Private agreements
d. Bilateral treaties
According to the ICJ, what determines the field of activity of an international organization?
a. International laws
b. Relevant rules and constitution of the organization
c. United Nations Charter
d. International agreements
What principle governs international organizations' powers and competence?
a. General competence principle
b. Principle of specialty
c. Sovereign immunity principle
d. Exclusive competence principle
Which article of the UN Charter outlines the immunities and privileges of the United Nations?
a. Article 103
b. Article 105
c. Article 99
d. Article 110
What distinguishes an armed conflict as a non-international armed conflict under Protocol II?
a. Control over territory
b. Presence of international observers
c. Existence of multiple parties
d. Sustained and concerted military operations
According to Protocol II, what acts are prohibited concerning persons not taking part in hostilities?
a. Violation of sovereignty
b. Mutilation and cruel treatment
c. Economic sanctions
d. Political demonstrations
Which of the following statements about Common Article 3 is correct?
a. Applies only to international conflicts
b. Provides protection only to military personnel
c. Covers internal disturbances and tensions
d. Prohibits violence to life and person
What defines a national liberation movement according to the First Protocol of the 1977 Geneva Convention?
a. Armed conflicts within a state
b. Movements against colonial domination and alien occupation
c. Civil unrest and riots
d. Non-violent political movements
What is the primary goal of national liberation movements?
a. Territorial expansion
b. Economic supremacy
c. Self-determination
d. Military dominance
What factor is NOT essential for the legitimacy of national liberation movements?
a. Control over territory
b. Organization capable of international contact
c. Pursuit of self-determination
Which of the following crimes falls under the category of international crimes?
a. Tax evasion
b. Petty theft
c. Genocide
d. Traffic violations
In contemporary international law, what is the legal status of individuals?
a. Limited international legal personality
b. Full-fledged international legal personality
c. No international legal status
d. State-level international legal personality
Chapter VII γΌ Territory: Land, Air, Outer Space
Which of the following elements is essential for a state to claim territory according to international law?
a. Effective control
b. Abandonment by prior occupant
c. Historical claims
d. Uninhabited status
In the context of occupation, what must accompany the discovery of terra nullius to establish sovereignty?
a. Effective control
b. Historical treaties
c. International recognition
d. Natural resources
What was the ruling of the International Court of Justice in the Western Sahara Case regarding territories inhabited by organized tribes?
a. They are considered terra nullius.
b. Sovereignty is established through occupation.
c. Agreements with local rulers establish sovereignty.
d. International recognition is mandatory.
What must a conqueror demonstrate to acquire territory through conquest according to international law?
a. Temporary occupation
b. Intention of temporary control
c. Continued and peaceful sovereignty displays
d. Intention of permanent acquisition
Which mode of acquisition involves the gradual increase of territory by the action of nature?
a. Occupation
b. Prescription
c. Accretion
d. Cession
According to the Chicago Convention on International Civil Aviation, which organization was created to govern international civil aviation?
a. United Nations
b. International Civil Aviation Organization (ICAO)
c. World Trade Organization (WTO)
d. International Air Transport Association (IATA)
What does Article 1 of the Chicago Convention state regarding airspace sovereignty?
a. States have limited sovereignty over airspace.
b. States recognize complete and exclusive sovereignty over airspace.
c. Airspace is free for all nations.
d. Airspace sovereignty is determined by international consensus.
What does the 1967 Treaty on the Exploration and Use of Outer Space state about the use of celestial bodies?
a. Celestial bodies can be appropriated by any state.
b. Celestial bodies are free for exploration by all states.
c. Celestial bodies can only be explored by space-faring nations.
d. Celestial bodies are restricted for military use.
Which of the following is NOT a traditional mode of acquisition of sovereignty over territory?
a. Discovery and occupation
b. Prescription
c. Cession
d. Compromise
In the context of airspace, what is the significance of the outbreak of the First World War?
a. It led to the establishment of international airspace laws.
b. It highlighted the need for airspace security regulations.
c. It resulted in the realization of airspace sovereignty limitations.
d. It marked the beginning of commercial aviation.
Which principle suggests that islands located in close proximity to a particular country's shores naturally belong to that country?
a. Principle of contiguity
b. Principle of terra nullius
c. Principle of prescription
d. Principle of international consensus
What must an occupant demonstrate to establish effective control over a territory according to international law?
a. Sole historical claims
b. Exclusive rights and duties
c. Presence of indigenous population
d. Consensus of neighboring nations
What does the principle of contiguity state in the context of territorial sovereignty?
a. Islands in close proximity belong to any nearby state.
b. Contiguity alone establishes territorial sovereignty.
c. Territorial sovereignty is based on geographical proximity.
d. Contiguity is not a sufficient basis for territorial sovereignty.
In the 1967 Treaty on the Exploration and Use of Outer Space, what is the stance regarding military bases on celestial bodies?
a. Military bases are allowed for defense purposes.
b. Military bases are allowed for research purposes.
c. Military bases are forbidden.
d. Military bases require unanimous international approval.
What is the primary purpose of the 1970 Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States?
a. Prohibition of conquest and subjugation
b. Recognition of airspace sovereignty
c. Prohibition of territorial disputes
d. Prohibition of territorial acquisition through threat or force
What concept is challenged by the Island of Palmas case regarding islands situated outside territorial waters?
a. Principle of historical claims
b. Principle of contiguity
c. Principle of terra nullius
d. Principle of effective control
According to the provided information, which event led to the modification of the assertion "usque ad coelum" in airspace law?
a. The First World War
b. The Cold War
c. The Space Race
d. The invention of commercial aviation
In the context of prescription, what is the requirement for a state to acquire sovereignty over territory?
a. Short-term effective control
b. Lack of prior occupant's acquiescence
c. Lengthy effective control
d. Approval from neighboring states
Chapter VIII γΌ Territory: Law of The Sea
What are the two factors that highlight the importance of seas?
a) They are a medium of communication and trade.
b) They contain vast natural resources.
c) They are essential for marine life.
d) They are used for recreational purposes.
Who elaborated the doctrine of open seas in the 17th century?
a) Columbus
b) Magellan
c) Grotius
d) Vasco da Gama
What is the width of the territorial sea according to the 1982 Law of the Sea?
a) 3 nautical miles
b) 6 nautical miles
c) 9 nautical miles
d) 12 nautical miles
Which rule is applied when the application of the twelve-mile rule results in overlapping with neighboring littoral states?
a) Equidistance rule
b) Three-mile rule
c) Cannon shot rule
d) Straight baseline rule
What are the two primary obligations of coastal states in the exclusive economic zone?
a) Ensuring proper conservation and management of living resources; promoting optimum utilization of resources.
b) Allowing unrestricted access to other states; regulating fishing activities.
c) Exploiting resources without limitations; promoting tourism.
d) Prohibiting all foreign activities; conserving marine biodiversity.
What does the concept of "innocent passage" in the territorial sea entail?
a) Unrestricted passage for any vessel or aircraft.
b) Passage that is not prejudicial to the peace, good order, or security of the coastal state.
c) Passage without any verification or inspection by the coastal state.
d) Passage only allowed for military vessels.
What is the maximum radius of the safety zone around installations on the continental shelf according to the 1982 Law of the Sea?
a) 200 meters
b) 500 meters
c) 1 nautical mile
d) 3 nautical miles
Which tribunal can disputes related to the Law of the Sea be submitted to for compulsory settlement under the 1982 Convention?
a) International Court of Justice (ICJ)
b) International Tribunal for the Law of the Sea
c) United Nations Security Council
d) International Criminal Court (ICC)
What does Article 45 of the 1982 Convention state regarding the right of ships to pass through straits?
a) Ships can pass through straits without any restrictions.
b) Ships can pass through straits only with prior authorization from the coastal state.
c) Ships can pass through straits without authorization if the passage is innocent.
d) Ships can pass through straits only if they pay a fee to the coastal state.
Which provision of the 1982 Law of the Sea deals with the delimitation of overlapping exclusive economic zones between adjacent states?
a) Article 55
b) Article 65
c) Article 75
d) Article 85
What is the main purpose of the exclusive economic zone (EEZ) according to the 1982 Law of the Sea?
a) To provide unrestricted access to coastal resources for all states.
b) To grant exclusive rights to coastal states for all marine activities.
c) To ensure proper conservation and management of coastal fisheries and resources.
d) To establish a buffer zone between territorial seas of adjacent states.
What is the significance of the "straight baseline method" mentioned in the context of the Law of the Sea?
a) It determines the width of the territorial sea.
b) It establishes the outer limits of the exclusive economic zone.
c) It is used for drawing baselines in archipelagic states.
d) It defines the safety zones around offshore installations.
What is the primary purpose of hot pursuit under Article 111 of the 1982 Convention?
a) To initiate conflict with foreign vessels.
b) To prevent violations of laws or regulations of a coastal state.
c) To claim sovereignty over neighboring waters.
d) To enforce fishing regulations in international waters.
Which freedom is NOT among the six freedoms of the high seas mentioned in the given passage?
a) Freedom of navigation
b) Freedom of scientific research
c) Freedom to establish military bases
d) Freedom to construct artificial islands and structures
What is the condition for an indentation to be considered a bay under the 1982 Law of the Sea?
a) Its area should be larger than a semi-circle drawn across its mouth.
b) Its area should be equal to a semi-circle drawn across its mouth.
c) Its area should be smaller than a semi-circle drawn across its mouth.
d) Its area should be twice the size of a semi-circle drawn across its mouth.
What is the primary purpose of the contiguous zone according to Article 33 of the 1982 Convention?
a) To establish territorial sovereignty for coastal states.
b) To allow unrestricted fishing by foreign vessels.
c) To exercise control necessary to prevent infringement of customs, fiscal, immigration, or sanitary laws.
d) To serve as a buffer zone between territorial seas of adjacent states.
According to the 1982 Convention, what rights do islands have concerning territorial seas and continental shelves?
a) They have no rights as they are not considered part of a state's territory.
b) They have the same rights as other land territories.
c) They only have a territorial sea, not a continental shelf.
d) They have exclusive rights over their territorial seas, but not the continental shelf.
What is the significance of the "cannon shot rule" mentioned in the context of determining the territorial sea?
a) It measures the width of the territorial sea based on the range of shore-based artillery.
b) It determines the depth of the territorial sea using cannons.
c) It establishes the jurisdiction of coastal states in the contiguous zone.
d) It sets the limits for military activities in the high seas
Which article of the 1982 Law of the Sea deals with the legal status of the territorial sea, air space, and its bed and subsoil?
a) Article 1
b) Article 2
c) Article 3
d) Article 4
Which principle allows archipelagic states to draw straight baselines connecting appropriate points?
a) The Equidistance Principle
b) The Straight Baseline Principle
c) The Historic Title Principle
d) The Median Line Principle
According to Article 19(2) of the 1982 Law of the Sea, which of the following activities are considered not innocent passage in the territorial sea?
a) Launching, landing, or taking on board of any military device.
b) Act of willful and serious pollution contrary to the Convention.
c) Any fishing activities.
d) All of the above.
What is the significance of the term "archipelagic waters" in the context of the Law of the Sea?
a) Waters connecting individual islands within an archipelago.
b) Exclusive waters around artificial islands.
c) Internal waters of an archipelagic state.
d) Waters used for naval activities.
What is the maximum distance for which a closing line can be drawn for a bay, according to Article 10 of the 1982 Law of the Sea?
a) 12 nautical miles
b) 24 nautical miles
c) 200 nautical miles
d) There is no maximum distance specified.
What does the term "hot pursuit" refer to in the context of maritime law?
a) Pursuit of ships carrying illegal goods.
b) Pursuit of ships violating laws or regulations of a coastal state.
c) Pursuit of ships conducting scientific research.
d) Pursuit of ships engaged in humanitarian missions.
What is the significance of the concept "common heritage of mankind" in relation to the deep seabed?
a) It means that the deep seabed is under the sovereignty of the United Nations.
b) It implies that the deep seabed resources are shared by all countries and cannot be appropriated by any state or person.
c) It signifies that the deep seabed can be exploited freely by any state without restrictions.
d) It indicates that the deep seabed is a protected ecological zone.
Under the Law of the Sea, what is the primary responsibility of coastal states in the exclusive economic zone?
a) To exploit all resources for economic gain.
b) To conserve and manage living resources and promote optimum utilization.
c) To restrict access to other states entirely.
d) To establish military bases for national security.
What is the purpose of the safety zone around installations on the continental shelf according to the 1982 Law of the Sea?
a) To provide a buffer zone for military activities.
b) To allow unrestricted access to foreign vessels.
c) To protect the installations from unauthorized access.
d) To facilitate scientific research activities.
Which of the following activities is considered an infringement of the contiguous zone according to Article 33 of the 1982 LOS?
a) Fishing activities
b) Launching military devices
c) Overflight by civilian aircraft
d) Peaceful scientific research
What is the purpose of the baseline in determining the territorial sea?
a) It establishes the width of the contiguous zone.
b) It serves as a reference point for measuring the width of the territorial sea.
c) It defines the boundary of the exclusive economic zone.
d) It determines the location of artificial islands.
What does the concept of "historic bays" refer to in maritime law?
a) Bays that have significant historical importance.
b) Bays acknowledged by coastal states based on historic rights.
c) Bays that have witnessed historic naval battles.
d) Bays mentioned in ancient maritime texts.
Which article of the 1982 Law of the Sea deals with the legal status of the territorial sea, airspace, and its bed and subsoil?
a) Article 1
b) Article 2
c) Article 3
d) Article 4
What does the term "baseline" refer to?
a) The width of the territorial sea.
b) The low-water line along the coast.
c) The dividing line between neighboring states.
d) The depth of the ocean floor.
Which method of drawing baselines involves connecting selected points on the coast without appreciable departure from the general shape of the coast?
a) Normal Baseline
b) Curvilinear Baseline
c) Straight Baseline
d) Zigzag Baseline
What is the rule for drawing straight baselines for archipelagic states according to Article 47 of the 1982 Law of the Sea?
a) The length of each baseline should not exceed 50 nautical miles.
b) The baseline should enclose the entire archipelago.
c) The total length of straight baselines should not exceed 100 nautical miles.
d) The straight baselines should be drawn without any limitations.
According to the 1982 Law of the Sea, what is the definition of an island?
a) Any area of land surrounded by water, regardless of size.
b) A naturally formed area of land, surrounded by water, above water at high tide.
c) Any landmass, regardless of its formation, within a state's territory.
d) Any piece of land detached from the mainland, regardless of size.
Under the 1982 Law of the Sea, which areas are considered the common heritage of mankind?
a) Territorial seas of all states.
b) Exclusive economic zones of coastal states.
c) Deep seabed and ocean floor beyond any national jurisdiction.
d) Contiguous zones of archipelagic states.
Which tribunal is NOT designated for the peaceful settlement of disputes under Part XV of the 1982 Law of the Sea?
a) International Court of Justice (ICJ)
b) International Tribunal for the Law of the Sea
c) Arbitral Tribunal
d) International Criminal Court (ICC)
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