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PIL QUIZ 1 GROUP 3

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Group 1 Q & A:

1. What is the definition of a treaty under the Article 2 p. 1(a) of the Vienna Convention on the Law of Treaties.

A: Article 2 p. 1(a) of the Vienna Convention on the Law of Treaties defines treaty as

1.

An international agreement concluded between States

2.

in written form,

3. governed by international law,

4. whether embodied in a single instrument or in two or more related instruments and

5. whatever its particular designation.

2. What are the Kinds of Treaties.

A: Multilateral treatiesthey create norms as basis of general rule of law/open to all states of the world

2. Collaborative treatiesuniversal scope.3. Bilateral treatiesalso called contract agreements, creating shared expectations like trade agreements

3. What are the stages of a Treaty? A.)how many are the votes needed in the treaty?

A: 1. Negotiations

2. Adoption/authentication of the text of a treaty

3. Consent to be bound.

4. Matunog Country brought a suit against Kuripot Country in the ICJ to determine whether 2 letters between the

countries constituted international agreements to settle the jurisdiction of the ICJ. Matunog Country contends that

such letters were international agreements as they enumerated the commitments to which the parties consented to

and thus created rights and obligations in international law for the Parties. Kuripot Country however contend that

such documents were merely a record of negotiations as these letters were mere Minutes. Decide on the case.

A: The contention of Country A is correct. The two letters were considered international agreements as international

agreements may take a number of forms and be given a diversity of names as supported by Art 2, par 1 of the Vienna Convention

on the Law of Treaties. Further the enumeration of commitments which they consented to binds the parties and indeed created

an obligation among them.

5. Mrs. Doubtfire was a passenger of a Pasay Airlines. She sustained permanent hearing loss on her left ear while she

was a passenger of such airline. She then sued the airline stating that under the Warsaw Convention, air carriers are

liable for injuries sustained by a passenger if an accident which causes the damage took place on board the aircraft or

in the course of the operations. The Airlines however aver that they are not liable under the convention as the

definition of accident in the said treaty, must be unusual and unexpected, which in this case was not. Decide on the

case.

A: The contention of Pasay Airlines is correct. If there is conflict in official texts, the language that is agreed by the parties as

authoritative is followed. As in this case, the definition was traced back to French interpretation of accident which was used in

the Warsaw Convention as opposed to the English definition.

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6. Partylist Coco questions the validity of the ratification of a certain treaty. They claim that the treaty should not take

effect in the Philippines because only the Philippines have transmitted the documents of the treaty to the senate,

while the other State did not transmit the same to their senate. Decide.

A: No, it is not. The Philippines has no concern regarding the domestic laws of the other participating state. If the treaty

has been ratified, the Philippines would be considered to be bound by the said treaty, regardless of the actions of the

other state.

7. Country Bil-board filed a case against Country Tar-Paulin due to the Bil-Board nationals were tried, sentenced, and

convicted in the criminal Court of Country Tar-Paulin and contended that there was a breach of the obligation in the

Vienna Convention on Consular Relations Article 36 1(a,b,c). Is the contention of Country Bil-board Correct? Decide.

A: The Court ruled that Country Tar-Paulin had breached the Vienna Convention on Consular Relations of Art. 36 sub.

Par. 1 (a, b, c) which on notice without delay is not the same as immediately upon arrest . There is still duty upon

the arresting authorities to give information to an arrested person as soon as it is realized that is a foreign national.

8. What is a Clean Slate Rule.

A: Clean Slate Rule- new state not bound to maintain in force, just because same territory was bound by treaty. But may agree

to be bound.

9. Senator Chismoso filed a petition for mandamus to compel the delivery of a treaty signed by the Secretary of

Department of Foreign Affairs. The Senator insisted that the treaty should be delivered to be ratified by the Senate. Is

the Senator correct?

A: No, it is not valid. The power to ratify treaties is vested particularly to the head of State. Being that it is vested with the Head

of State or the President, compelling delivery would be incorrect. Moreover, the judiciary cannot usurp the executive

functions to ratify the treaty, this would be a violation of the doctrine of separation of powers.

10. What does Article 3 defines the crimes that can be punished under the convention Prevention and Punishment of the

Crime of Genocide. Name at least 3.

A: Article 3 defines the crimes that can be punished under the convention:

(a) Genocide;(b) Conspiracy to commit genocide;(c) Direct and public incitement to commit genocide;(d) Attempt to commit

genocide;(e) Complicity in genocide.

Group 2 Q & A:

1.

What are the qualifications of a State as stated in Art.1 of the Montevideo Convention?

A: The State as a person of International Law possesses the following qualifications: a. permanent population; b. defined

territory; c. government; d. Capacity to enter relations with other states.

2. What is the authority of a trusteeship council in the PIL?

A:Under the charter, the trusteeship council is authorized to examine and discuss reports from the administering authority onthe political, economic, social and educational advancement of the people of trust territories; to examine petitions from and

undertake periodic and other special missions to trust territories.

3. What does national liberation movement means according to the first protocol of 1977 Geneva Convention?

A:They are the people fighting against colonial domination and alien occupation and against racist regimes in the exercise of

their rights of self determination as enshrined in the chapter of the UN.

4. How are international government come into existence?

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A:

5. What is the concept of association of states?

A: An Association is formed when two states of unequal power voluntarily establish durable links. In the basic model, one state,

the associate, delegates certain responsibilities to the other, the principal, while maintaining its international status as state.

6.

Who appoints the secretary general in the secretariat and what are their requisites?

A:Appointed by the general assembly on the recommendation of the security council for a 5 year renewable term.

7.

Distinguish Nationality from statelessness.

A: Nationalityis the legal relationship between a person and a country. Nationality normally confers some protection of the

person by the state, and some obligations on the person towards the state. What these rights and duties are vary from

country to country. It differs technically and legally fromcitizenship,although in most modern countries all nationals are

citizens of the state and all citizens are nationals of the state.

Nationality affords the state jurisdiction over the person and affords the person the protection of the state. The most

common distinguishing feature of citizenship is that citizens have the right to participate in thepolitical life of the state, such

as byvoting orstanding for election.

1.

The international legal definitionof a stateless person is set out in Article 1 of the 1954 Convention relating to the

Status of Stateless Persons, which definesa statelessperson as "a person who is not considered as a national by any

State underthe operation of its law".

8.

What is the doctrine of state responsibility?

A: The laws of state responsibility are the principles governing when and how astate is heldresponsible for a breach of an

internationalobligation.Rather than set forth any particular obligations, the rules of state responsibility determine, in general,

when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that

address basic issues of responsibility and remedies available for breach of "primary" orsubstantive rules ofinternational law,

such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary

rules of obligation. They establish (1) the conditions for an act to qualify as internationally wrongful, (2) the circumstances under

which actions ofofficials,privateindividuals and other entities may be attributed to the state, (3) general defences to liabilityand (4) the consequences of liability.

9.

Distinguish extradition from deportation

A: Extradition is the official process whereby one country transfers a suspected or convicted criminal to another country.

Between countries, extradition is normally regulated bytreaties.Where extradition is compelled by laws, such as among sub-

national jurisdictions, the concept may be known more generally asrendition.It is an ancient mechanism, dating back to at least

the 13th century BC, when an EgyptianPharaoh,Ramesses II,negotiated an extradition treaty with aHittite King,Hattusili III.

Deportationis the expulsion of a person or group of people from a place orcountry.[1]

Today the expulsion of foreign nationals is

usually called deportation, whereas the expulsion of nationals is called banishment,exile,orpenal transportation.

10. What offenses are considered extraditable under Art. 2(4) of the treaty?

A: It was an offense in the Requesting State at the time of the acts or omissions consisting the offense; b. the acts or omission

alleged would, if they had taken place in the Territory of the requested state at the time of the making of the request for

extradition, have constituted an offense against the laws in force of that state.

Group 3 Q & A:

1. Are foreign vessels entitled to an access to the port of a coastal state?

http://en.wikipedia.org/wiki/Citizenshiphttp://en.wikipedia.org/wiki/Politicshttp://en.wikipedia.org/wiki/Votinghttp://en.wikipedia.org/wiki/Candidatehttp://en.wikipedia.org/wiki/Sovereign_statehttp://en.wikipedia.org/wiki/Moral_responsibilityhttp://en.wikipedia.org/wiki/Obligationhttp://en.wikipedia.org/wiki/Substantivehttp://en.wikipedia.org/wiki/International_lawhttp://en.wikipedia.org/wiki/Officialhttp://en.wikipedia.org/wiki/Individualhttp://en.wikipedia.org/wiki/Treatyhttp://en.wikipedia.org/wiki/Rendition_(law)http://en.wikipedia.org/wiki/Pharaohhttp://en.wikipedia.org/wiki/Ramesses_IIhttp://en.wikipedia.org/wiki/Hittite_Kinghttp://en.wikipedia.org/wiki/Hattusili_IIIhttp://en.wikipedia.org/wiki/Countryhttp://en.wikipedia.org/wiki/Deportation#cite_note-1http://en.wikipedia.org/wiki/Deportation#cite_note-1http://en.wikipedia.org/wiki/Deportation#cite_note-1http://en.wikipedia.org/wiki/Exilehttp://en.wikipedia.org/wiki/Penal_transportationhttp://en.wikipedia.org/wiki/Penal_transportationhttp://en.wikipedia.org/wiki/Exilehttp://en.wikipedia.org/wiki/Deportation#cite_note-1http://en.wikipedia.org/wiki/Countryhttp://en.wikipedia.org/wiki/Hattusili_IIIhttp://en.wikipedia.org/wiki/Hittite_Kinghttp://en.wikipedia.org/wiki/Ramesses_IIhttp://en.wikipedia.org/wiki/Pharaohhttp://en.wikipedia.org/wiki/Rendition_(law)http://en.wikipedia.org/wiki/Treatyhttp://en.wikipedia.org/wiki/Individualhttp://en.wikipedia.org/wiki/Officialhttp://en.wikipedia.org/wiki/International_lawhttp://en.wikipedia.org/wiki/Substantivehttp://en.wikipedia.org/wiki/Obligationhttp://en.wikipedia.org/wiki/Moral_responsibilityhttp://en.wikipedia.org/wiki/Sovereign_statehttp://en.wikipedia.org/wiki/Candidatehttp://en.wikipedia.org/wiki/Votinghttp://en.wikipedia.org/wiki/Politicshttp://en.wikipedia.org/wiki/Citizenship

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Is there an exception? May a coastal state regulate access to its ports? Cite a case.

2. What is the issue on the case of Anglo-Norwegian fisheries case?

A: won the lines laid down by the 1935 Decree for the purpose of delimiting the Norwegian fisheries zone have or have

not been drawn in accordance with international law?

3.

When is physical occupation of territory not necessary?

A:Physical Occupation is not necessary when territory is terra nullius at d time occupying state makes its appearance

and when there is taking of possession w/ animus possedendi.

~What is the ruling of the ICJ?

A: in its judgment the court found that neither the method employed for de limitation by the decree, nor the lines

themselves fixed by said decree are contrary to international law, the first finding is adopted by 10 votes to two, and the

second by eight votes to four.

4. Define territory and what does it includes?

A:It is an area over which a state has effective control. It must have definitive boundary / core over which sovereignty

is exercised. - It includes land, maritime areas, airspace and outer space.

5. When is uti possidetis principle use?

A: It will be used where the colonial boundaries are not clear.

6. What are the modes of acquiring sovereignty over territory?

A:Discovery and Occupation

Prescription

Cession

Accretion and Avulsion

Intertemporal Law

7. What is the concept of archipelagic state?

A: Is any internationally recognized state or country that comprises a series of islands that form an archipelago. The

term is defined by the United Nations Convention on the Law of the Sea in order to define what borders such states

should be allowed to claim.

8. Explain contiguous zone.

A:it is an area of water not exceeding 24 nautical miles from the baseline. It extends 12 nautical miles from the edge of

the territorial sea. The coastal State exercises authority over that area to the extent necessary to prevent infringement

of its customs, fiscal, immigration or sanitation authority over its territorial waters or territory and to punish such

infringement.

9. Define High seas and give its six (6) freedoms:

A: High Seasall parts of the sea that are not included in the territorial sea or in the internal waters of a State.

Freedom of navigation

Freedom of over flight

Freedom of fishing

Freedom to lay submarine cables and pipelines

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