REVIEW QUESTIONS

Chapter 12 International Human Rights Law

1. What was the early concern about human rights?2. What were the earlier doctrines preceding the developing doctrine on human rights or those

doctrines prevailing prior to the birth of the UN?3. Is there any difference between the Asian and Western view on human rights?4. How did the Western tradition on human rights develop? What has become the foundation of

this tradition?5. What are the three generations of human rights?6. What is the immediate impetus for the emerging international bill of human rights?7. What distinguishes post WWII developments from earlier human rights tradition?8. What is the role played by the UN in the development of the new international law on human

rights?9. Does the UN Charter adequately provide for the respect for human rights?10. What are the notable defects/flaws in the provisions of the Charter?11. Discuss the gradual process of legislating international human rights law.12. Distinguish a mere declaration from a covenant.13. Discuss how the Covenant on Civil and Political Rights provides for right to life, liberty and

property and equality.14. How does the Covenant provide for torture, ill-treatment and prison conditions?15. What are the three (3) rights that constitute freedom of movement under Article 12(1) and (2) of

the Convention and what are the limitations to these rights?16. Why is the right to one's country in Article 12(4) separated from the right to leave one's

country?17. How did the Philippine Supreme Court interpret the separation of the right to leave one's

country and the right to return?18. Distinguish “having a legal personality” from “having a capacity to act”.19. When does one become a person?20. What are the limits on the external exercise of freedom of thought, conscience and religion?21. What is the two-fold aspect of the concern for minorities?22. What are the two important rights covered by the right to self-determination?23. Does the minorities have a right of self-determination in the sense of the right to secede?24. Discuss the internal and external aspect of self-determination.25. Discuss the nature and significance of the Protocol to the Covenant.26. Why is there a division between civil and political rights in one hand and economic and social

and cultural right on the other?27. What are the rights included in the Covenant on Economic, Social and Cultural Rights?28. Discuss the duty of the Philippines to implement provisions of these international human rights

law?29. Enumerate other Conventions on Human Rights?30. What are some human rights principles that have become customary law in the light of state

practice?31. How does the international community implement human rights law?32. What are the two important procedures being adopted by the Human Rights Commission for

responding to the violation of human rights?33. What can result from these procedures?34. What is the ICC and the significance of its establishment? Discuss how it works.

Chapter 13 Peaceful Settlement of International Disputes35. What is a dispute in international law? When is a disagreement amounts to a dispute? Give

examples.36. How will UN members settle international dispute?37. What are the peaceful means of settling disputes? How are they classified?38. What are the three-types of arbitral agreements?39. What are the commonly accepted bases for challenging arbitral decisions?40. What are the grounds for refusal by domestic courts of awards given by foreign arbitral

tribunals as embodied in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

41. What is ICJ? Discuss its nature and functions with emphasis on its composition and jurisdiction.

42. What is the “optional system” of submitting to the jurisdiction of the Court?43. What are the provisional measures under Article 41 of the ICJ Statute?44. When does the right to intervene in a case filed before the ICJ exist?45. What is the nature of the Binding force of the ICJ decision?46. Is the ICJ judgment appealable?47. When may an application for revision of an ICJ judgment be made?48. How is an ICJ judgment being enforced?49. When may the ICJ give an advisory opinion?50. How shall question upon which the advisory opinion of the Court is asked be laid before the

Court?51. What are the duties of the Registrar when there is a request for an advisory opinion?52. What organs and/or agencies may request the ICJ to give an advisory opinion on any legal

question?53. What is the nature of an advisory opinion?54. Enumerate other more active international courts.

Chapter 14 The Use of Force Short of War55. What is the basic principle under Article 2(4) of the UN Charter as regards the use of force?56. Why is the prohibition of the use of force considered not just conventional law but also

customary international law?57. What is the most typical form of threat of force?58. What is the nature of a state's entitlement to resort to self-defense under Article 51 as held in the

case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua vs USA 1986)?

59. What is the right of self-defense under Article 51?60. Is anticipatory self-defense allowed?61. What are the traditionally allowable coercive measures?62. What is the difference between retorsion and reprisal?63. Can the protection of nationals abroad be considered as an aspect of the right to self-defense

under Article 51?64. Does the right of humanitarian intervention as an exception to the principle of non-intervention

exist?65. Cases:

a. Ambrosini, et.al. vs Uruguay f. Case Concerning East Timor (Portugal vs Austria)b. Marcos vs Manglapus g. El Salvador vs Honduras, Nicaraguan Intervention c. Interhandel case (Switzerland vs US) h. Corfu Channel case 1949d. Aerial Incidence case (US vs Bulgaria)i. Nicaragua vs US 1986e. Nicaragua vs US 1984 j. Legality of the Threat or Use of Nuclear Weapons