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PUBLIC INTERNATIONAL LAWSAN BEDA COLLEGE OF LAW – 2003 CENTRALIZED BAR OPERATIONS

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RED NOTES - POLITICAL LAWSAN BEDA COLLEGE OF LAW – 2003 CENTRALIZED BAR OPERATIONS


PUBLIC INTERNATIONAL LAW

1. State the definition of International Law. Law that deals with the conduct and relations of states and other

entities vested with international personality, as well as natural or juridical persons in instances of interest to the international community.

2. What is the principle of jus cogens? Customary International Law with the status of a peremptory (absolute,

uncompromising, certain) norm shall not be derogated and can be modified only by a subsequent norm having the same character. Examples: customs outlawing slave trade, piracy, genocide, terrorism, official torture, etc.

3. What are the sources of International Law? Article 38, Statute of the International Court of Justice – (i) Treaties or

Conventions, (ii) International Customs (practiced by a number of states for a considerable period and with the sense of legal obligation [opinio juris], (iii) General Principles of Law, (iv) Judicial decisions, Opinions of jurists like Justice Coquia of the Philippines.

Equity is also a source of International Law. Art. 38 (2) provides that the ICJ may decide cases ex aquo et bono (by what is fair and good)

4. What is an “instant custom”? A binding customary rule established by the spontaneous activity of a

great number of states and need not be observed for a considerable period.

5. Is International Law true law? 2 views:

- Austinian concept - not true law because it is not being enforced by a sovereign political authority with power to penalize violations.

- Natural law theory - true law because states naturally observe what is right, otherwise-- adverse world public opinion, sanctions or reprisals, enforcement through UN machinery, acts of retorsion, political/economic retaliation, etc.

6. What is the relation of International Law to Municipal Law? Relation between international law and municipal law

- monist - same as municipal law- dualist - distinct from each other by purpose. International law

becomes part of municipal law by incorporation or transformation

7. What is meant by doctrine of incorporation and transformation?(a) Incorporation

Art. II, Sec. 2 - “The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.”

(b) Transformation – enactment of a local law patterned after an international law thus transforming an international rule into a local rule.

8. State and explain some provisions of the Philippine Constitution, which concern International Law?

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Art. 1 (National Territory); Art. 11 (2) Incorporation, (4) defense of state, (7) independent foreign policy, (8) freedom from nuclear weapons; Art. 111(6) liberty of abode; Art. IV Citizenship; Art. VI (23) state of war; Art. VII (21) treaty; Art. VIII (5) cases affecting ambassadors; Art. XII(2) ownership of lands and exploration of resources; Art. XVIII (4) treaties (25) foreign military troops.

9. Is the individual personally liable for international crimes? Yes, an individual may be a subject of international law (terrorism, war

crimes, etc. Bin Laden, Nuremberg judgement and International Tribunal for Bosnia and Rwanda)

10. In case a national statute is in conflict with a treaty, which should prevail? Is your answer the same with respect to the constitution in conflict with treaty?

Depends on what court is deciding: Domestic Tribunal – constitution prevails; regulatory statutes further to police power prevails; ordinary legislative statute and a treaty may repeal each other depending on which issuance was later. International Tribunal – treaty prevails

11. Who has the power to recognize a State or Government? May said recognition of a state be withdrawn? Executive Head - Political act; Recognition of State is permanent

12. Is there an obligation of the Government to recognize? No Why? Political Act, purely discretionary and a matter of foreign policy

13. What is the Tobar or Wilson Doctrine? (Must show stable government and people support) – The doctrine precludes recognition of government established by revolutionary means until the constitutional reorganization by the free election of representatives.

14. What is the Estrada Doctrine? (A country dealing with representatives of the government in actual control of another country for the protection of its citizens in the territory of the latter state does not necessarily mean the recognition of the said government)

15. What are the legal consequences of recognition of a state and belligerent communities? (1) diplomatic relations(2) right to sue in courts of recognizing state(3) immunity from jurisdiction(4) entitlement to property of state within recognizing state(5) recognition being retroactive, validates past acts of recognized state or

government (i.e., act of state and sovereign immunity covers past, present and future acts)

16. What are the conditions for recognition of a belligerent state? (1) Organized civil government having control and supervision over the

armed struggle(2) Serious and widespread struggle(3) Occupation of a substantial portion of the national territory(4) Willingness on the part of the rebels to observe rules/customs of war

- In the absence of any of above conditions – no belligerency but only a state of insurgency, which is rarely recognized because this will be intervention in the domestic affairs of another state.

17. What is meant by continuity of State?

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The State continues as a juristic being notwithstanding changes in its circumstances, provided only that they do not result in the loss of any of the essential elements of statehood.

18. What are the fundamental rights of States? (Existence, self-defense, territory, independence, equality, immunity, diplomatic intercourse, property)

19. What legal basis can you cite for the right of existence and self-defense? (Art. II, Phil. Constitution and Art. 51, UN Charter which recognizes the inherent right to individual or collective self-defense if an armed attack occurs against such state)

20. Explain the restrictive application of State immunity. (Immunity only for purely governmental functions (jure imperii) and not for purely proprietary acts. Execution of contracts in furtherance of sovereign functions shall not result to an implied waiver of immunity from suit)

21. What are the fundamental duties of States? (Non-intervention, observe rights of

other states, comply with treaty stipulations and other obligations arising from membership in international organizations, maintain peace, respect international law)

22. What is meant by intervention? (Interference in internal and external affairs of a state. It is illegal – except in cases of individual or collective self-defense, explicit treaty provision, UN authorization based on humanitarian grounds or the need to maintain international peace)

23. State and explain what is meant by State responsibility to aliens. (State has the primary obligation to afford protection to an alien. A state is responsible for injury inflicted upon an alien if caused by an act or omission imputable to the state, in violation of international standards of justice.

24. What is meant by International Standard of Justice? (Elements of due process under ordinary norms of official conduct. Thus, to constitute an international delinquency, the treatment of an alien should amount to an outrage, bad faith, willful neglect of duty, and insufficiency of governmental action that every reasonable and impartial man would readily recognize its insufficiency)

25. Philippines not liable for death or injury to alien hostages of the abu sayaff, unless it is shown to have participated directly or was remiss or negligent in taking measures to prevent injury, investigate the case, punish the guilty, or to enable the victim or his heirs to pursue civil remedies.

26. In case of injuries inflicted upon a foreigner in the course of quelling a rebellion, state responsibility will attach only if the rebellion succeeds and the rebels will take control of the state, but not when the legitimate government remains in power, unless it fails to observe the minimum international standard for the protection of aliens.

27. Explain the right of the State to admit and expel aliens.

No state is under obligation to admit aliens State imposes conditions on the admission of aliens State can expel aliens from its territory - deportation/ reconduction Alien must accept the institutions of the state as he finds them Alien may be deprived of certain rights (political rights, acquire land, etc.) Local law may grant alien certain rights, privileges based on

(a) reciprocity(b) most-favored-nation treatment

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(c) national treatment

Privileges conferred may be revoked

28. May a State abrogate a loan contract with an alien? (No, must respect loan agreements unless political in nature)

29. What is the procedure for international claims of aliens? (Exhaustion of local remedies - State as party claimant; diplomatic intervention, arbitration, international Court of Justice by agreement)

30. Explain the Archipelagic doctrine. (Draw baselines around islands to form one unit) Archipelagic states (coastal/mid-ocean) - group of islands,

interconnecting waters and other features, closely interrelated that they form an intrinsic geographical, economic, and political entity or which historically has been regarded as one. Straight baselines are drawn to connect the outermost points of outermost islands and drying reefs. Territorial Sea shall be measured from the baselines.

31. What is the extent of jurisdiction over maritime territory ?

UN Convention on the Law of the Seas Internal waters (i.e. rivers, lakes, canals, bays, gulfs) – absolute

jurisdiction Territorial sea (12 nautical miles from low water mark or

archipelagic baselines) – full jurisdiction except innocent passage. Passage is innocent if it is not prejudicial to the peace, good order, or security of the coastal state. Innocent passage not applicable to airplanes.

Contiguous zone (12 nautical miles from limits of the territorial sea or 24 nautical miles from the low water mark or archipelagic baselines) - limited jurisdiction (only for enforcement of Customs, Immigration, Fiscal, and Sanitation laws)

Exclusive Economic Zone (200 nautical miles for low water mark or archipelagic baselines) – only for exploitation of natural resources

Continental shelf - same as EEZ High seas – no jurisdiction except over universal crimes and

events on board ship

32. What are internal waters of an archipelagic state? (All waters inside the baselines) Phil. Sovereignty extends to these archipelagic waters subject to the

right of Innocent passage and archipelagic sea lane and air route passage. Innocent passage through archipelagic waters may be suspended by the state but the same must first be published.

33. What is the Exclusive Economic Zone. (200 nautical mile to be devoted for economic purposes of the State and is free for international navigation. Not part of the territory of coastal state, but has jurisdictional rights over artificial islands, environmental protection and maritime scientific research facilities thereat.) Sovereign rights for exploitation -living and non-living resources Give other states access to surplus of living resources

34. What is the doctrine of hot pursuit? (State authorities can pursue an offender up to high seas until he enters the territorial sea of another State) Pursuit must commence from Internal Waters, Territorial sea, or

Contiguous Zone, of pursuing state

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Uninterrupted pursuit Conducted by warship, military aircraft, or government ships authorized

for the purpose.

35. What is meant by the deep sea as part of the common heritage of mankind? (Resources of the deep seabed owned by all States. All rights to the resources of the area are vested in mankind as a whole. The Enterprise (organ of the Deep Sea Bed Authority) shall explore and exploit the area.)

36. Explain the legal basis of the claim of the Philippines over the Kalayaan Group. (PD 1596 - History, indispensable need, occupation, control and exercise of jurisdiction)

37. As a mode of acquiring territory, discovery merely gives an inchoate title that must be perfected by effective occupation and exercise of jurisdiction.

38. What is the aerial domain of the State? (Up to a certain height but depends on the capacity to control by the State. 3 theories are the Satellite Test, Theoretical Limits of Air Flights, Functional Approach)

39. What do you mean by Jurisdiction of State? Power, authority, sovereignty or legal control exercised by a state over

land, persons, property, transactions, and events in its territory.

40. Has the State jurisdiction over its nationals residing abroad? (Generally no except in nationality law theory (i.e. Art. 15, Civil Code; Art. 2, R. P. C.; Taxation of citizens even abroad)

41. Criminal jurisdiction under the Visiting Forces Agreement- Exclusive jurisdiction over US personnel

-Offenses punishable under Phil laws but not under US laws – Philippines

-Offenses punishable under US laws but not under Phil laws - US Concurrent jurisdiction

-Phil authorities shall have primary right to exercise jurisdiction over all offenses committed by US personnel except:

a) violations of US military laws;b) Offenses punishable under US laws but not under Phil laws;c) Offenses solely against the property or security of the US or

against the property or person of US personnel;d) Offenses arising out of any act or omission done in

performance of official duty.*in abcd above the US Military authorities have primary jurisdiction.

The authorities of either government may request the authorities of the other government to waive the primary right to exercise jurisdiction in a particular case.

Upon request by the US, Phil authorities may waive primary jurisdiction over offenses committed by US personnel except cases of particular importance to the Philippines such as violations of the Heinous Crimes Act, Anti-Drugs Law, Anti-Child Abuse Law.

42. The constitutionality of the VFA was upheld in Bayan vs. Zamora, as it complied with the 3 requirements of Sec 25, Article XVIII of the Constitution- (a) must be a treaty; (b) concurred in by the senate and, when required by congress, ratified in a national referendum; (c) recognized as a treaty by the other contracting state. The third requirement was met notwithstanding that there was no concurrence by the US senate as in a case of a treaty. For as long as the US accepts or acknowledges the VFA as a treaty, and binds itself further

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to comply with its obligations under the treaty, there is marked compliance with the mandate of the constitution.

43. Explain the extent of Jurisdiction of a state over other states and foreign embassies and consulates. Doctrine of sovereign immunity- equality and independence, state is

immune from the exercise of jurisdiction by another.- Syquia v. Lopez; US v. Ruiz; Sanders v. Veridiano; Jusmag v.

NLRC ( security assistant support personnel- Illustrator ll) – sovereign functions, immunity recognized;

- U.S. v. Guinto (barber shop); US v. Rodrigo (cook) - proprietary functions, immunity waived.

Act of state doctrine - Underhill v. Hernandez - The courts of one country will not sit in judgment on the acts of the government of another country done within the latter’s territory.- Republic v. Marcos - Acts of torture, execution, and disappearance were

clearly acts outside of president’s authority not protected by the act of state doctrine.

Diplomatic Immunity- Customary international law granting immunity in favor of diplomatic persons to uphold their dignity and to allow the free and unhampered exercise of their functions (Vienna Diplomatic Convention).- Holy See v. Rosario - sale of parcel of land not commercial in

nature. Clothed with governmental character –immunity recognized.

- A Foreign state may acquire property in receiving state for diplomatic mission.

- Immunity of diplomatic envoy from civil jurisdiction of receiving state over any real action relating to immovable property which the envoy holds in behalf of sending state for purposes of the mission. With more reason that the sovereign itself should be entitled to immunity.

Immunity of UN specialized agencies/International Organizations/and officers. – “shall enjoy such privileges and immunities as are necessary for the independent exercise of their functions (i.e. legal processes (search, requisition, confiscation, expropriation or any other form of interference); taxation on salaries; national service obligations; immigration restrictions; generally same rights as diplomats of comparable rank;- In International Catholic Migration v. Calleja; Lasco v. UN

Revolving Fund; SEAFDEC v. NLRC; DFA v. NLRC; Callado v. IRRI, observance of the immunity in favor of these international organizations was necessary:

-To secure legal and practical independence in fulfilling duties;

and -To shield affairs from political pressure or control by the host country and to ensure the unhampered performance of functions;

- No conflict between constitutional duty of state to protect rights of workers

- Specialized agency shall make a provision for appropriate modes of settlement of disputes arising out of contracts or other disputes of private character;

- Estoppel does not apply to confer jurisdiction to a tribunal that has none over a cause of action

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- Immunity may be waived by the entity not by employees or agents;

- IRRI Director General may waive but not through a memorandum meant for internal distribution

- The Department of Foreign Affairs may file an action against the NLRC relative to immunity of an international organization.

44. What is the jurisdiction of a State over foreign vessels within its territory? (English

and French Rule) it has jurisdiction if commission of the offense affects the peace and order, interest, security of the coastal state. No jurisdiction if it affects only the internal affairs of the ship.

45. What is meant by the Territoriality Principle? (Can only prosecute crimes within the State); Nationality Theory? (Can prosecute citizens even outside territory); Protective Principle Theory? (Can prosecute crimes committed outside territory for protection of vital interests and national security); Universality Principle? (Any state has jurisdiction over universal crimes committed anywhere)

46. How is nationality acquired? (Art. IV, Constitution, birth, naturalization, marriage, etc.)

47. May a state deprive its nationals of citizenship? (No, until another one is acquired except in cases of denaturalization)

48. Explain the rules on dual or multiple nationality. Constitution abhors dual allegiance but not dual nationality.

Local GC- dual citizenship means dual allegiance.- Mercado vs. Manzano

49. In Co vs. HRET, the doctrine of implied election was applied for the purpose of classifying Mr. Ong as a natural born Filipino. As a Filipino by derivative naturalization, it would have been absurd to require Mr. Ong to make the formal election prescribed by law. Thus, by his affirmative acts manifesting his resolve to be considered a Filipino, he was considered a natural born citizen pursuant to Section 2, Article IV of the Constitution). But in In re: Vicente Ching, it was held that the person required to elect must make a formal election by filing a sworn declaration and an oath of allegiance before the Civil Registrar, as he cannot be favored by the rule of implied election. It may be concluded then that the doctrine of implied election will apply ONLY if the elector has already become a Filipino at the time of reaching the age of majority by the other modes of acquiring citizenship and the only issue is whether or not he can be considered a natural born citizen. If the issue is whether or not he is a Filipino by election, the doctrine of implied election will not apply.

50. Explain the rules governing Statelessness. (Same rights as aliens; Convention on

Statelessness)

51. Who are the citizens of the State? (Determined by municipal law, Hague Convention of 1930)

52. How is the citizenship of women married to aliens determined? (Art. IV, Sec. 4. Moya Lim Yao Case – an alien woman married to a Filipino shall ipso facto acquire Philippine citizenship provided she has none of the disqualifications. It is opined that she can prove she has none of the disqualifications in an administrative proceeding for cancellation of her alien certificate of registration)

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53. What do you mean by diplomatic intercourse? Right to legation? (To establish diplomatic mission; send and receive diplomatic representatives)

54. Who has the power to conduct foreign relations? (Executive branch of government)

55. What are the functions of Ambassadors? (Represent heads of the State; to promote relations, protect own national and make reports)

56. What is the extent of diplomatic privileges or immunities? * Privileges and Immunities

1.) Personal Inviolability - not liable to any form of arrest or detention.R.A. 75 penalizes a person who assaults, strikes, wounds, offers

violence to the person of an ambassador (in addition to RPC penalties and subject to the rules of reciprocity)

- except self-defense- reasonable physical restraint

2.) Inviolability of premises and archives

- premises occupied by the mission receiving state may not enter w/o- private residence of diplomatic agent the consent of the envoy except

extreme necessity- Fatemi vs. US, inviolability of Iranian Embassy cannot be invoke if

Ambassador requests for local police assistance.

In Reyes vs. Bagatsing, the Supreme Court ruled that the permit should be granted - peaceable assembly. However, it took note of Art. 22 of Vienna Convention which provides that receiving state has special duty to protect premises against invasion, damages, or any act tending to disrupt the peace and dignity of the mission

* premises, furnishings, other property, transportation - immune from search, requisition, attachment or execution

* archives and documents wherever found - receiving S must respect and protect confidentiality of records/documents

* service of writs, summons, orders or process within premises or residence of envoy prohibited

* criminal seeking refuge may not be pursued - but to be turned-over upon request save asylum

3.) Right of official communication- no interference with the right to communicate to sending state or other

envoys in receiving state by any means

4.) Immunity from local jurisdiction - (criminal) whether for official or private acts. Remedy is to ask for recall.

* Immunity from civil/administrative jurisdictions not absolute. Exceptions are:(a) real action relating to private immovable found in receiving state(b) action relating to succession - diplomat is executor, administrator,

heir/legatee(c) action relating to professional/commercial activity in the receiving state

outside of official functions. Measures of execution may be taken against envoy provided that it will be done without infringing the inviolability of his person or residence.

* Minucher v. Court of Appeals - may be sued in his private and individual / personal capacity

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* Shauf v. Court of Appeals - immunity does not protect a public official who is sued in his private and personal capacity as an ordinary citizen.

5.) Exemption from subpoena - Diplomats cannot be compelled to testify (judicial or administrative) without the consent of their governments. Not even by deposition.

6.) Exemption from Taxation - All dues/taxes (personal, real, national, regional, municipal) except(a) indirect taxes(b) dues/taxes on private real property in receiving state unless being held

on behalf of sending state for the purpose of the mission(c) estate, inheritance, succession(d) taxes on private income and source from receiving state and capital

taxes on investments in commercial ventures in receiving state(e) charges levied for specific services (f) registration, court or record fees, mortgage dues, stamp duty with

respect to immovable

7.) Exemption from customs duties/taxes- articles for use of mission- personal use of envoy or family (household)- baggage and effects entitled to free entry and normally without

examination- Articles addressed to ambassadors, ministers, charges de affairs,

exempt from customs inspection- Articles addressed to representatives other than chiefs of mission -

usual customs treatment

57. What are the functions of the consul? (Commercial representative strictly not a diplomatic representative. Processing of visas and passports; promote trade relations, protect nationals; authenticate documents, arrange the transport of deceased; supervise vessels and aircrafts; solemnize marriage; take deposition)

58. How are diplomatic and consular privileges terminated? (Recall, diplomatic break, end of mission, retirement, declaration of persona non-grata, death, war)

59. What is diplomatic asylum? (Refuge in diplomatic premises) What is political asylum? (Refuge in another state for political offense, danger to life, no assurance of due process)

60. Define Extradition. (Formal agreement where the authorities of a state shall surrender fugitives taking refuge in its territory in favor of a requesting state for purposes of prosecution and imposition of penalty)

61. What is the principle of specialty? (Can be prosecuted only of the crime for which he was extradited)

62. What are political offenses? (Offenses relating to resistance to government or political convictions – these are not extraditable. Religious crimes are not extraditable too). Under the attentat clause, the killing of a head of state shall be classified as a political offense.

63. Extradition treaty may be applied retroactively; it is not a criminal legislation subject to the ex-post facto rule.

64. State the procedure for extradition. (Judicial and diplomatic process of request and surrender)

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PD 1069(1) Request through diplomatic representative with:

(a) decision of conviction (b) criminal charge and warrant of arrest (c) recital of facts (d) text of applicable law designating the offense (e) pertinent papers

(2) DFA forwards request to DOJ(3) DOJ files petition for extradition with RTC(4) RTC issues summons or warrant of arrest to compel the appearance of

the individual(5) hearing (provide counsel de officio if necessary)(6) appeal to CA within ten days whose decision shall be final and

executory(7) Decision forwarded to DFA through the DOJ(8) Individual placed at the disposal of the authorities of requesting state –

costs and expenses to be shouldered by requesting state.

* A state may not compel another state to extradite a criminal without going through the legal processes provided in the laws of the former. due process requirement complied at the RTC level upon filing of petition

for extradition. No need to notify the person subject of the extradition process when the application is still with the DFA or DOJ

Extradition is not a criminal proceeding which will call into operation all the rights of an accused provided in the bill of rights.

For the provisional arrest of an accused to continue, the formal request for extradition is not required to be filed in court- it only needs to be received by the requested state in accordance with PD 1069.

65. Define non-refoulment. (Refugee should not be returned to the State that persecutes him; Mutual assistance in criminal matters - US authorities) No contracting state shall expel or return a refugee to the territories

where his life or freedom would be threatened

66. What is a treaty? Who has the power to enter into a treaty? (Art. VII, Sec. 21. - formal agreements where rights and obligations arise; executive branch)

A treaty is-(1) an international agreement concluded between states(2) in written form and governed by international law(3) whether in single or in two or more related instruments(4) whatever its particular designation

- Although the Vienna Convention and the Law of Treaties requires agreements to be in writing, the following are the effects of an unwritten treaty:

(a) has legal force(b) convention rules on matters governed by international

law independently of convention shall apply(c) convention rules apply to the relations of states as

between themselves under international agreement with other subjects as parties

67. Should all international agreements be concurred in by the Senate? (No. Executive Agreements need not be concurred in)

TREATY EXECUTIVE AGREEMENTBasic political issues, changes of Adjustments of details carrying out

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national policies well-established national policiesPermanent international arrangements Temporary arrangements

68. Define Rebus sic stantibus? (Material change of events); accession (non-signatory state may be state party); pacta sunt servanda (Faithful compliance of treaty)

69. What is the “most favored nation clause”? (Extension in favor of a contracting state of more favorable privileges granted to other nations)

70. What is the United Nations and who can be a member? (International organization to settle disputes peacefully; must be an independent state, peace loving, willing to accept obligations under the Charter)

71. May a member withdraw? (Yes) Can it be expelled from the UN? (Yes for persistent violation of the UN Charter) The Charter has no provision on withdrawal of membership. However

by declaration, the UN cannot compel membership if a state is constrained to withdraw due to exceptional circumstances.

72. Requisites for admission. (recommendation of 9 including big 5 of the Security Council and affirmative votes of 2/3 of the General Assembly)

73. State the organs of the UN, functions and voting procedures. (General Assembly, Secretariat, Security Council, Economic and Social council, Trusteeship Council, International Court of Justice) General Assembly – constituent, supervisory, financial, elective,

deliberative- important questions – decided by 2/3 of members present and

voting- non-important questions – decided by simple majority- classification of question – simple majority

Security Council – maintenance of international peace, investigation of disputes, determination of existence of threat to the peace, breach of peace, act of aggression, and make recommendations- Yalta Formula - procedural issues decided by at least nine

members- substantive at least nine members including big

Five- classification of questions – same as

substantive

74. Analyze the functions of the Security Council and its effectiveness. (Ineffective due to Veto Power; vote of 9 members with unanimous 5 permanent members)

75. Illustrate a double veto In the classification of an issue as substantive or procedural, a veto vote by

a permanent member will classify it as substantive. Then on the merits, the permanent member may vote to disapprove the same measure. By the exercise of the veto vote twice (in the classification and on the merits) the measure will not be passed.

76. What is the Enforcement Action? (Power of Security Council to resist danger to international peace and security) Arts. 45-48 of Charter.

77. What is the jurisdiction of the UN on member States? (No jurisdiction on domestic affairs)

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Even the UN is precluded from intervening in matters essentially within the domestic jurisdiction of a state, unless necessary to remove and prevent threats to the peace, breaches or acts of aggression.

78. May a neutralized State be a member of the UN? (Yes) A neutralized state may not be able to comply with the obligations under the UN Charter particularly an enforcement action. However, Switzerland was admitted as a member of the UN.

79. Are the resolutions and declarations of the UN General Assembly sources of International Law? (No, unless recognized for a long period by majority) UNGA is not a legislative body – it can only recommend.

80. What are the peaceful means of settling international disputes? (Art. 33 UN Charter - negotiation, mediation, arbitration, judicial method, inquiry, conciliation)

81. Distinguish between an arbitration body and the International Court of Justice. (ICJ is a permanent body, arbitration is only for one case but both are judicial and binding)

82. What is the jurisdiction of the International Court of Justice and how is it conferred? Jurisdiction: decide issues referred to it (consensual)

(a) interpretation of treaty(b) question of international law(c) existence of fact constituting a breach of international

obligation(d) nature or extent of the reparation to be made for the

breach of an international obligation

83. Who enforces decisions of the International Court of Justice? (State parties, good faith of parties; Security Council)

84. Is the principle of stare decisis observed in the ICJ? (No, Art. 59, Statute)

85. May the International Court of Justice render advisory opinions? (Yes, upon request of any organ or agency)

86. What are the forcible means resorted to by the State short of war? (Retorsion, Reprisal, Freezing of assets; Boycott; Embargo; Preventive Self-defense)

87. Distinguish between retorsion and reprisal? (Both are forms of retaliation Reprisal is illegal; Retorsion by legal means)

88. What do you mean by preventive self-defense? Is it legal? (Use of force in anticipation of attack is legal if in good faith – depends on circumstances of imminent danger)

89. What do you mean by war? (Armed hostility to conquer a State) Is it legal today? (Art. II, 2; Art. VI, 23: Unlawful except war of self-defense)

90. Define aggression in international law. (Use of force or threat)

91. What are the legal effects of war on treaties (terminated except treaties on the conduct of war and those fixing state boundaries); properties (enemy public properties subject of confiscation, private properties subject to sequestration); contracts in aid of enemies are void. (Political in nature abrogated)

92. How are prisoners of war and civilians treated in times of war?

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Rights of POW -- no torture- food/medicine- bare minimum of information- keep personal belongings- proper burial- grouped according to nationality- right to communicate with family- establishment of an information bureau- repatriation for sick and wounded

93. What are the rights and duties of the occupying force in a State? may continue orderly government control occupied territory and inhabitants may collect taxes may use enemy property

94. What is neutrality? Attitude of impartiality adopted by a third state towards belligerents,

such attitude creating rights and duties between the impartial state and the belligerent states.

95. What are the general principles of neutrality? Abstention from taking part in hostilities Prevention of the use of its territory and other resources in the conduct of

hostilities Observe restrictions and limitations imposed by belligerents

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