Public International Law: 165 Practice Questions for Recitation (October 11, 2023)

Chapter IV ー International Law and Municipal Law

1. What is the fundamental difference between dualism and monism in the context of international law and municipal law?
2. Under the dualist theory, when there is conflict between international law and domestic law, which is to prevail?
3. How does the dualist theory differentiate between international law and municipal law concerning their sources, relations, and substance?
4. According to dualists, why does municipal law prevail when there is a conflict between international law and domestic law?
5. Explain the two monist theories regarding the relationship between international law and domestic law.
6. In the Vienna Convention on the Law of Treaties, what does Article 27 state about the invocation of internal law to justify non-compliance with a treaty?
7. How does the Declaration of Rights and Duties of States Article 13, emphasize the obligation of states to fulfill their international obligations?
8. Describe the principle outlined in the Exchange of Greek and Turkish Population Case regarding the modification of domestic law to fulfill international obligations.
9. Explain the significance of the Barcelona Traction Case in illustrating the interaction between international law and municipal law.
10. How does the Brazilian Loans Case exemplify the application of municipal law in international disputes?
11. How does international law become part of domestic law for “dualists”? 
12. Explain the Doctrine of Transformation.
13. Explain the Doctrine of Incorporation.
14. In Philippine law, how do treaties become part of the law of the land, and what constitutional mechanism is involved in this process?
15. How does the Philippine Constitution manifest adherence to both the dualist and incorporation theories regarding international law?
16. What is the significance of the constitutional provision in the Philippines that recognizes international law as part of domestic law, and how does it empower Philippine courts?
17. Explain the distinction between treaties and customary international law in the context of Philippine law and their incorporation into domestic legal principles.
18. What elements of international law become part of Philippine law by incorporation through Article II, Section 2? 
19. Discuss the Mejoff v. Director of Prisons case and its implications regarding the application of international law in domestic disputes in the Philippines.
20. How did the Kuroda v. Jalandoni case establish the jurisdiction of Philippine courts over war crimes based on customary international law?
21. Explain the relevance of the Agustin v. Edu case in demonstrating the incorporation of international law through ratification rather than the Constitution in the Philippines.
22. Describe the principle of immunity from suit of a foreign state in international law and how it was recognized in the Philippines in the JBL Reyes v. Bagatsing case.
23. When international law conflicts with domestic law in the Philippines, how is the issue resolved before an international tribunal, according to established principles?
24. What principle is outlined in Article 13 of the Declaration of Rights and Duties of States regarding the invocation of internal law by a state in international matters?
25. Explain the exception stated in Article 46 of the Vienna Convention regarding the violation of internal law and its impact on the validity of a treaty.
26. When international law conflicts with domestic law in Philippine courts, how do courts usually interpret domestic law to avoid contradictions?
27. In the Tanada v. Angara case, how did the Philippine Supreme Court handle the challenge to the Senate’s ratification of the GATT Treaty in relation to constitutional provisions?
28. What did the Philippine Supreme Court assert regarding the principles in Article II of the Constitution and their enforceability in the Kilosbayan, Incorporated vs. Morato case?
29. Explain the shift in the Court's position between the Tanada case and the Manila Prince Hotel v. Government Service Insurance System case regarding the enforceability of constitutional provisions in Philippine law.
30. How does the Constitution of the Philippines provide mechanisms for resolving conflicts between international agreements and domestic laws, and who has the authority to decide on these matters?

Additional cases:

1. Head Money Cases, Edye v. Robertson 112 U.S. 580 (1884)
2. Whitney v. Robertson :: 124 U.S. 190 (1888)

Chapter V ー Subject of International Law: States

1. What are subjects of international law, and what distinguishes them from objects of international law?
2. According to the Montevideo Convention of 1933, what qualifications must a state possess as a person of international law?
3. Define the concept of state.
4. What are the four essential elements of a state according to international law?
5. How does international law define "people or population" in the context of a state?
6. Can a state be considered a state even if its boundaries are disputed or if it has lost control of its territory temporarily?
7. Does international law does specify what form a government should have?
8. What is the concept of sovereignty in international law, and upon what factor does it depend?
9. What are various levels of claim to self-determination?
10. What is the right of secession? Do the international law recognize it?
11. How does the recognition of a government differ from the recognition of a state in international law?
12. Can a state exist without formal recognition? Explain the declaratory theory and the constitutive theory regarding state recognition.
13. Examine the case of the former Yugoslav Republic of Macedonia and the challenges it faced in gaining international recognition.
14. Discuss the legal implications of the Tinoco Arbitration (Great Britain v. Costa Rica, 1923) and its impact on the recognition of governments in international law.
15. Discuss the legal implications of the Upright v. Mercury Business Machines Co. case in recognizing the existence of de facto governments despite non-recognition by certain states.
16. What is the significance of recognition in international law, and how does it relate to the establishment of new states?
17. Does admission of a government to the United Nations mean recognition by all members? 
18. When does recognition of a regime or government typically terminate in international law?
19. Explain the concept of state succession. When can state succession issues arise, and how are they typically addressed in international law?
20. Explain the “moving treaty rule” or “moving boundaries rule.”
21. Explain the “clean slate theory.”
22. Explain the “uti possidetis rule.”
23. What are the fundamental rights of states?
24. How does international law define the independence of a state?
25. How does international law define the equality among states?
26. What are protectorates in the context of international law, and what roles do they play historically?
27. Describe the concept of a federal state in international law. How does the international personality of federal entities differ from the central organ?
28. What is the trusteeship system in international law, and how did it evolve after World War II?
29. How is Taiwan recognized in international law, and what unique status does it hold in the international community?
30. Explain the concept of the Sovereign Order of Malta and its international personality.

Chapter VI ー Other Subjects of International Law

1. Aside from States, what are the other subjects of international law?
2. How do international organizations attain international personality?
3. What distinguishes international organizations from non-governmental organizations (NGOs)?
4. According to the ICJ Advisory Opinion on the Use of Nuclear Weapons, what is the significance of the constituent document of international organizations?
5. How does the possession of international personality impact the legal status of international organizations?
6. What was the question raised in the Reparations Case (ICJ Advisory Opinion, 1949) regarding the international personality of the United Nations?
7. How does the "principle of speciality" limit the powers and privileges of international organizations?
8. How are the powers conferred on international organizations, as stated in their constituent instruments, typically exercised?
9. What are the bases for the immunities of international organizations, and how are they different from the immunities of states?
10. How does Article 105 of the UN Charter define the immunities and privileges of the United Nations?
11. Discuss the case of Kapisanan ng mga Manggagawa v. The International Rice Research Institute (IRRI) and its implications on the immunity of international organizations.
12. What was the main issue in the Department of Foreign Affairs v. National Labor Relations Board case involving the Asian Development Bank (ADB)?
13. According to the provisions of the ADB’s Charter, under what conditions does the ADB enjoy immunity from legal processes?
14. In the Jeffrey Liang (Hue Feng) v. People case, what criminal offense was Jeffrey Liang, an ADB official, charged with?
15. What argument was made in the Jeffrey Liang case regarding the immunity of officers and staff of the ADB?
16. What are the purposes of the United Nations as stated in the UN Charter?
17. Name five of the principal organs of the UN.
18. Name the principal organ of the UN responsible for supervising non-self governing territories.
19. According to Article 2(7) of the UN Charter, in what situations is the United Nations prohibited from intervening in matters within the domestic jurisdiction of any state?
20. What does the "international constitutional supremacy clause" in Article 103 of the UN Charter state?
21. According to the Charter, what is the role of the General Assembly?
22. What is the primary responsibility of the United Nations Security Council according to Article 24(1) of the UN Charter?
23. How many member states are there in the Security Council, and how many of them are permanent members?
24. What are the three pillars of the ASEAN Community established in 2003?
25. What principles are adopted by ASEAN Member Countries in their relations with one another, as mentioned in the Treaty of Amity and Cooperation in Southeast Asia (TAC)?
26. What is the significance of the 1977 Protocol II to the 1949 Geneva Conventions, and how does it relate to Article 3 common to the Geneva Conventions of 1949?
27. According to Protocol II, what conditions define a non-international armed conflict, and why is there a high threshold for its applicability?
28. What specific requirements does Protocol II set for its "material field of application," and how does it compare to the threshold for Protocol I's applicability?
29. In the conflict between the Philippine government and the National Democratic Front, why has the Philippine government argued that Protocol II does not apply to the NDF and its New People’s Army?
30. What attributes of international personality do insurgent groups possess when they meet the material field of application of Protocol II?
31. Explain the provisions of Common Article 3 of the Geneva Conventions regarding the treatment of individuals in armed conflicts not of an international character.
32. According to Common Article 3, what acts are prohibited concerning individuals not actively participating in hostilities?
33. What is the role of the International Committee of the Red Cross in the context of Common Article 3?
34. How does the application of Common Article 3 affect the legal status of parties involved in the conflict, and what does it mean for rebels in terms of international law status?
35. Describe the characteristics of national liberation movements, and what is their ultimate goal?
36. Why is control over territory not essential to the legitimacy of national liberation movements, and what must they have to claim international status?
37. What is the significance of Article 96 in the context of national liberation movements and their recognition under international law?
38. In the context of international law, how have individuals' rights and obligations evolved, and what is their current legal status in the international community?
39. How do individuals' international obligations differ from those of states, and what limitations are associated with their legal capacity in international law?
40. According to Antonio Cassese, what procedural rights do individuals have in international law, and how do these rights differ from their rights vis-à-vis states?

Chapter VII ー Territory: Land, Air, Outer Space

1. What does territory as an element of a state mean?
2. According to Judge Huber in the Las Palmas case, what is the legal condition for the inclusion of a portion of the surface of the globe in the territory of any particular state?
3. List the components included within the definition of territory in international law.
4. Give and define the traditional modes of acquisition of sovereignty over territory.
5. Define occupation as a mode of acquisition. What conditions are necessary for the acquisition of territory through occupation?
6. In the Western Sahara Case,  what was the question regarding terra nullius, and how was it answered?
7. What is the Island of Palmas, and why was it subject to a dispute?
8. How did the Las Palmas case influence the understanding of territorial sovereignty?
9. What is the significance of the Eastern Greenland Case PCIJ 1933 in understanding territorial sovereignty?
10. What is the principle of contiguity? Is it a sufficient basis for establishing territorial sovereignty? Why or why not?
11. What is terra firma?
12. How does the principle of contiguity influence the sovereignty claims over islands like the Spratlys?
13. According to the Intertemporal Law, which rules should be applied to a controversy regarding the acquisition of territory?
14. Define accretion and avulsion in the context of territorial sovereignty.
15. What is prescription as a mode of acquiring sovereignty over territory?
16. How is cession different from conquest in the context of acquiring territory?
17. Why is a treaty of cession imposed by a conqueror considered invalid?
18. How does the international community respond to attempts of conquest, as seen in the case of Iraq invading Kuwait?
19. What condition must be met for conquest to lead to the acquisition of territory?
20. Why is conquest as a mode of acquisition proscribed by international law today?
21. What is the historical perspective on airspace sovereignty before the First World War?
22. According to the Chicago Convention on International Civil Aviation, what does each state have complete and exclusive sovereignty over?
23. Define "state aircraft" as mentioned in Article 3 of the Chicago Convention.
24. How do international laws differentiate between state aircraft and civil aircraft in airspace sovereignty?
25. What is the significance of Article 5 of the Chicago Convention in terms of non-scheduled flight?
26. How has the Chicago Convention attempted to protect civilian aircraft?
27. What does the 1967 Treaty on the Exploration and Use of Outer Space state about the exploration and use of outer space?
28. According to the Outer Space Treaty, what are the prohibited activities related to celestial bodies?
29. What does the Outer Space Treaty state about the use of military personnel for scientific research or peaceful purposes?
30. How does the treaty regard astronauts and their activities in outer space?

Chapter VIII ー Territory: Law of The Sea

1. What is the importance of seas in maritime law?
2. Who elaborated the doctrine of the open seas in the 17th century?
3. Define res communis in the context of the law of the Sea.
4. Which convention is the prevailing law on maritime domain?
5. What is the width of the territorial sea according to the 1982 Law of the Sea?
6. Define baseline as per the Law of the Sea.
7. What are the two methods of drawing baselines mentioned in the text?
8. Explain the concept of straight baselines in maritime law.
9. What is the relevance of Fisheries Case in determination of baseline.
10. Describe the concept of innocent passage in the Law of the Sea.
11. What activities are considered not innocent passage?
12. Explain the rule of hot pursuit as per Article 111 of the 1982 Convention.
13. What does the concept of "common heritage of mankind" refer to in maritime law?
14. Define the term island in the context of the Law of the Sea.
15. Describe the concept of "historic bays" in maritime law.
16. What is the significance of the contiguous zone in maritime law?
17. Explain the concept of the exclusive economic zone (EEZ) in maritime law.
18. What obligations do coastal states have in the exclusive economic zone?
19. Describe the delimitation process of the overlapping exclusive economic zone between adjacent states.
20. What does the term continental shelf refer to in maritime law?
21. Define the term "deep seabed" as per the Law of the Sea.
22. Are artificial islands considered islands in the sense of Article 121?
23. Do rocks have continental shelf?
24. Explain the concept of economic life concerning rocks in the Law of the Sea.
25. Explain the concept of freedom of navigation on the high seas.
26. Define the concept of hot pursuit in the context of maritime law.
27. Describe the process of peaceful settlement of disputes between states according to the Law of the Sea.
28. What is the definition of the "high seas" according to the Geneva Convention on the High Seas? What is the scope of the high seas according to the 1982 Law of the Sea?
29. What are the six freedoms of the high seas, and what do they entail?
30. Describe the role of coastal states in regulating access to their ports.
31. What is the importance of baselines in determining maritime boundaries?
32. Explain the concept of archipelagic waters as per the Law of the Sea.
33. What activities are restricted in the contiguous zone?
34. What is the scope of freedom of overflight as per the Law of the Sea.
35. Explain the concept of optimum utilization of living resources in the Law of the Sea.