PUBLIC INTERNATIONAL LAW past exams, as of 2015. (Atty.

Elman)

TRUE OR FALSE

MIDTERM

1. The modern and acceptable view is that where ratification of a treaty is required by the municipal laws
of the contracting states, the failure of one party to ratify the same will not render the treaty inoperative
since ratification for purposes of validity is a matter of municipal law. F

2. Under the Porter Resolution, the contracting states agree not to use armed force to recover the
contractual obligations claimed from the government of one country by the government of another
country as being due to its nationals. F

3. Diplomatic privileges are enjoyed by the envoy from the moment he enters the territory of the receiving
state and shall cease when he leaves the country as well as when he travels through a third state on
the way to or from the receiving state. F

4. The area beyond the territorial sea extending up to 200 miles from the baseline is not part of the
territory of coastal state; yet, except for the right of innocent passage through said area, the other
states do not have sovereign rights over the economic resources found therein. F

5. Consular immunities and privileges are available to the consul, the members of the consular post and
their respective families but do not extend to their private staffs. F

6. Under the Vienna Convention on Consular Relations, consular officials are exempt from local
jurisdiction for offenses committed in the discharge of official functions, but not other offenses except
minor offenses or unless given some diplomatic functions. T

7. The Universality Principle on jurisdiction means that may punish offenses committed by its nationals
anywhere in the world, and in civil matters the personal laws of said state which has adapted the
continental legal system follows their nationals wherever they are. F

8. Peace officers of the receiving state can enter the premises of the diplomatic mission in pursuit of, and
to apprehend, criminals who have taken refuge within said premises unless the right of asylum exists. F

9. Absolute sovereign immunity is no longer recognized under contemporary international law, what is
applicable is the restrictive doctrine of sovereign immunity which grants sovereign immunity only to
governmental acts but not when the state engages in international trade. T

10. The refusal of the state to ratify a treaty which has been signed in its behalf is within the competence of
the President, despite the concurrence given to it by the Senate, subject only to judicial power of review
under the Constitution in case the refusal is based on whimsical reasons. F

11. If in all treaties of the Philippines with the other states, there is a most favored nation clause, the result
will be that all states will be equally favored. In such case, none will be the “most favored”. T

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12. Although mere possession of opium aboard a foreign merchant vessel in transit through territorial
waters of the Philippines was considered in US vs. Look Chaw as not a breach of public order, criminal
jurisdiction may be exercised by Philippine courts under conventional law imposing upon states the
obligation to suppress drug trafficking. T

13. Innocent passage means navigation by foreign merchant and public vessels through the territorial sea
of a state for the purpose of traversing that sea without entering internal waters, as long as it is not
prejudicial to the peace and good order of the coastal state. F

14. The rule that civil, criminal and administrative jurisdiction is exercised by the flag state over its public
vessels wherever they may be is absolute as these vessels are exempted by the consent of the coastal
state from its jurisdiction. F

15. Under the Vienna Convention on Consular Protection, police and court officials of a state are required
to inform foreign detainees, who are charged with capital offenses under the laws of the state, of their
right to seek help from consular officials from their own countries. T

16. The binding effect of a treaty entered into by and between states is not affected by its non-registration
for publication with the Secretariat of the U.N. as the states can still submit for arbitration any conflict
arising from the treaty to some judicial tribunal other than the International Court of Justice. T

17. Under the Convention on the Law of the Sea, archipelagic sealanes are to be laid on the internal waters
of a state over which foreign ships will have the right of passage as if they were open seas. T

18. Diplomatic agents are exempt from all dues and taxes, whether they are personal or real, national,
regional or municipal. T

19. Although the conduct of foreign relations is essentially an executive function, the President alone
cannot execute and implement the state’s foreign policies. T

20. Under the thalweg doctrine, in the absence of a specific agreement between the riparian states, the
boundary line between them is laid on the center of the river itself and not of its main channel. F

21. The rule that the agents of the receiving state may not enter the premises occupied by a diplomatic
mission does not apply when there is imminent danger that criminal violence will be perpetrated in the
premises. T

22. In the absence of a stipulation in a treaty requiring its ratification according to the constitutional
processes of the contracting states, an unratified treaty can be a source of obligations between the
parties conformably with the pacta sunt servanda rule. F

23. Consent given to the establishment of consular relations between states does not signify consent to the
establishment of diplomatic relations. Nonetheless, the termination of diplomatic relations includes the
termination of consular relations. F

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 PUBLIC INTERNATIONAL LAW past exams, as of 2015. (Atty. Elman)

24. The settled rule is that with regard to offenses committed by consuls not in connection with their official
functions, regardless of the nature and gravity of the offense, the local state has the authority to arrest,
prosecute and punish them in the proper proceedings. T

25. The doctrine of rebus sic stantibus does not apply to treaties of definite duration, nor can it be made
operative upon provisions of the treaty already carried out before the change in circumstances. T

26. The general rule is that foreign merchant vessels – and not aircraft – of all states enjoy the right of
innocent passage through the territorial sea but not through the internal waters; however the passage
must be continuous and expeditious, except in cases of force majeure. T

27. The doctrine of hot pursuit may be exercised by the coastal state for violations committed by a foreign
merchant vessel within its territorial waters but not with respect to offenses committed in the exclusive
economic zone or on the continental shelf installations. F

28. As part of the envoy’s immunity from local jurisdiction, the children born to him while he possesses
diplomatic status are regarded as born in the territory of his home state. T

29. The Panatag Shoal (Scarborough) in the South China Sea is not part of the national territory of the
Philippines but nonetheless the Philippines exercises exclusive sovereign rights over the economic
resources found therein, the seabed and subsoil to the exclusion of China and other states under the
UNCLOS. T

30. Notwithstanding international treaties on privileges and immunities, the Federal Government of New
York has the right to collect real estate taxes on portions of the Manhattan buildings owned by the
Philippine government in the US that are used for commerce and not for diplomatic purposes. T

31. Under the rule of par in parem non habet imperium, a foreign state may not be sued before the
Philippine Courts as a consequence of the principle of independence and equality of states. F

32. The principle of continuous administration is subordinate to the prior inchoate title of the discovering
state over property classified as terra nullius. F

33. Under the drago doctrine, intervention was permitted if, having agreed to arbitrate the creditor’s claim,
the debtor state prevented agreement on the compromise, or having agreed to the compromise, does
not honor the award of the arbitrator. F

34. If the lease of the building is covered by a contract of lease which was entered into by the U.N. and
signed by the latter and the owner of the building, then the U.N. is deemed to have waived its
immunities and may be sued for unpaid rentals under and by virtue of the said contract of lease. T

35. The principle of extraterritoriality refers only to the exemption of persons from the local jurisdiction on
the basis of customary law but it is not widely accepted because of rising nationalism and the states’
adherence to sovereign equality of states. F

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 PUBLIC INTERNATIONAL LAW past exams, as of 2015. (Atty. Elman)

36. Under the straight baseline method, the territorial sea of the state is drawn from the low-water mark of
the coast up to a uniform breadth of 12 miles without radically departing from the general direction of
the coasts so that the entire archipelago shall be one integrated whole. F

37. The acceptable doctrines in present international law, at least insofar as the Philippines is concerned,
are the concepts of drago doctrine, exterritoriality, and straight baseline method rather than the
concepts of Porter Resolution, extraterritoriality, and normal baseline method, respectively. T

38. There is no prohibition in International law if a territory secedes and declares its independence from the
parent state, but the legal status of the seceding territory as a state is left to the discretion of states
whether or not to recognize it as such. T

39. An executive agreement entered into by the Philippines with another state, even if not concurred to by
the Philippines Senate, is a binding obligation from the viewpoints of both Philippine law and
International Law, particularly the Vienna Convention of the Law of Treaties. T

40. The Stockholm Declaration imposing upon states the duty to ensure that activities within their control do
not cause damage to the environment of other states is not legally binding upon the members of the
international community. Nonetheless, the same duty under Art. 194 of the UNCLOS requiring states to
take necessary measures to ensure that such activities do not cause pollution to other states and their
environment has the force and effect of law. T

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 PUBLIC INTERNATIONAL LAW past exams, as of 2015. (Atty. Elman)

MCQ

MIDTERM

1. This precept means that the states claim criminal jurisdiction to punish offenses committed abroad
which are prejudicial to their national security or vital interests.
a. Universality principle
b. Nationality principle
c. Protective principle --A
d. Exterritoriality principle
2. Which of the following concepts is not an exemption from jurisdiction?
a. Diplomatic immunity
b. Territorial principle -- A
c. Doctrine of sovereign immunity
d. Act of state doctrine
3. This term means “compelling law”, a peremptory principle of International Law that cannot be
subordinated to specific treaties between countries, i.e. norms that admit of no derogation and are
binding on all states at all times:
a. Principle of male liberum
b. Rebus sic stantibus
c. Rule of par in parem non habet imperium
d. Jus cogens -- A
4. The national territory comprises of: (note: bonus)
a. The Philippine archipelago, consisting of its terrestrial, fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
b. The Philippine archipelago, with all the islands and waters embraced therein.
c. The Philippine archipelago and all other territories over which the Philippines has sovereignty or
jurisdiction.
d. All territories over which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas.
5. Which of the following will require the concurrence by the Senate?
a. Conduct of a joint military training exercise in Cavite involving the Philippines and other ASEAN
states
b. An international agreement -- A
c. An agreement with the MILF for a peaceful resolution of the Mindanao conflict
d. Exchange of instruments of ratification
6. Which of the following is not subject to the sovereignty of the Philippines as defined in the 1987
constitution and the UN Convention on the Laws of the Sea?
a. Mischief Reef
b. Kalayaan group of Islands
c. Sigitan Island of Sabah -- A
d. Patrimonial Sea

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 PUBLIC INTERNATIONAL LAW past exams, as of 2015. (Atty. Elman)

ESSAY:

PRELIM

1. The statement that the primary value of state sovereignty has not kept pace with present day
international law likewise means that the concept of sovereignty is somehow outdated. At present times,
sovereignty must yield to the changes in the circumstances among and between states.
Sovereignty is one of the essential elements of the state which means “independence” or
freedom from interference in their internal and external affairs by other states.
With the changes brought about by technology, trade and business and even among inhabitants of a
state, there is a growing tendency of diminishing boundaries among states. In the ASEAN region for
example, members of the ASEAN can travel within member states without need of any visa or paper,
but a passport would be sufficient. These changes are brought about by the desire of the states to
foster international cooperation which in turn is beneficial to the economy and trade of the member
states.
Hence, it appears that the traditional concept of sovereignty where a state should just be left
alone is no longer as effective as it used to. States have fostered diplomatic relations, formed unions or
organizations for the benefit of their selves. Thus, in changing times, the concept of sovereignty in
international should be able to keep up with these changes so as to maintain international peace and
security.

2. No, resolutions of the Security Council are not sources of international law.
According to the statute of the International Court of Justice, the sources of international law are
classifies as: primary and secondary sources. Primary sources include international treaties and
conventions, international customs, and general principles of law. Secondary sources include decisions
of both local and foreign tribunals, provided they are proper or correct applications of the concepts or
laws of international law; and teachings of publicist subject to strict qualifications.
Resolutions of the Security Council do not fall on any of the above mentioned sources of
international law. Nevertheless, they are accorded with a persuasive value.

3. (a) Zia can seek redress through her government (Sri Lankan government). Zia, being a mere object of
international law cannot be a proper party in a suit against a state. Hence, she can seek redress
through her government which is the instrumentality which represents her in the relation with other
states. This is based on the principle that a wrong done to an inhabitant (object) of a state (subject) is
deemed to be a wrong committed to the state itself. It is through her government that Zia can assert her
rights. However, this suit can only prosper if both Sri Lanka and Lebanon recognize each other
because as a consequence of recognition, a recognized state may file a suit in the courts of recognizing
state.
(b) It depends. The common limitations with respect to the International Court of Justice are: first,
jurisdiction is acquired only by the consent of the state which is a party to the contentious case before
the International Court of Justice. If Zia’s family is able to seek their government’s help and likewise
able to acquire the consent of the Lebanese State, the case may then be filed in the ICJ. If not, the
case may not be filed before the ICJ.
(c) No, the case cannot be filed in the International Criminal Court. The International Criminal Court is
an independent body from the United Nations established for the purpose of trying war crimes or crimes
against humanity. Since the case at bar is neither a war crime nor a crime against humanity, it cannot
be filed before the International Criminal Court.

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 PUBLIC INTERNATIONAL LAW past exams, as of 2015. (Atty. Elman)

4. Distinguish: Soft law and Hard law

5. Yes, the anticipatory use of force prior to the occurrence of an armed attack can be regarded as a
legitimated defense.
Use of force prior to an actual armed attack may be resorted to as self-defense if it can be
shown that there is a real and imminent danger to the national interest of the state. The anticipated use
of force must not be a mere possibility but it should be one which would actually happen if not
prevented prior to its occurrence.

An example of this is the practice of the United States in sending military forces in middle east
countries which utilize nuclear weapons because the US considers the act of utilizing nuclear weapons
as vital to its interest and as a threat to the international community as a whole. Thus, the USA is
justifies in using force as self-defense prior to the occurrence of an actual armed attack.

MIDTERM

1. Distinguish: Diplomatic Asylum and Territorial Asylum

In diplomatic asylum, a person seeks refuge in the premises of a foreign mission in the
receiving state; while in territorial asylum, a person seeks refuge in a foreign country.

2. Define the following principles and cite an example:

a. Protective principle- this principle provides that a state has jurisdiction to punish offenses
committed abroad which are prejudicial to their national security or vital interests. Ex:
Article 2, par. 2 of the Revised Penal Code which provides, those who should forge or
counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Philippine government.
b. Nationality principle- this principle provides that a state exercises jurisdiction over its
national wherever they may be. Ex: Art. 15 of the Civil Code which provides, laws
relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad.
c. Universality Principle – this principle provides that the state has jurisdiction over cases or
crimes recognized as crimes against humanity or international law. Ex: piracy, slave
trade, air hijacking, genocide and terrorism.
d. Territorial Principle – this principle provides that a state exercises jurisdiction over all
persons (nationals and non-nationals) and properties within its territory, and has
jurisdiction over crimes or consequences committed within its territory. Ex: Art. 2 of RPC

3. The Republic entered into a contract with Atari International Corporation. In case of breach of contract
on the part of Republic, Atari filed a suit. Will the suit be dismissed invoking state immunity?

It depends. If the Republic entered into the contract in its sovereign capacity, then the
suit can be dismissed as it is an act of state whereby another state cannot judge the acts
done or entered into by another state as this might cause strain in the relations among
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states. However, if the Republic entered into the contract in its proprietary capacity, it
cannot invoke state immunity. This is a growing trend in international law, doctrine of
restrictive sovereign immunity which grants or extends sovereign immunity but not when
the state engages in trade or business.

4. Suu Kyi, a Burmese __ sought diplomatic asylum in the Malaysian embassy. Burmese government now
demands that Suu Kyi be surrendered to them. What are the requisites of diplomatic asylum? May the
Malaysian embassy refuse the Burmese demand?

Diplomatic asylum refers to an instance where a person seeks refuge in the premises of
a foreign mission in the receiving state. In order for it to be granted, the following
requisites must concur:
i. The individual is being prosecuted for a political offense
ii. His life is in danger
iii. He will not be given fair trial if he is surrendered to the state demanding his
surrender

5. The dictum, “waiver of state immunity does not mean concession of its liability”, means that when the
state expressly waives its immunity it does not ipso facto waive its immunity from execution of judgment
as to its liability because in the former, a separate waiver is required.

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