Monday 24 May 2021

Public International Law Exam Questions And Answers


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  • What is the weight of this source of international law? Is the ICJ bound by its prior decisions? What is the legal force of the judgments of the Permanent Court of International Justice? What is the hierarchy of the sources of international law provided for in Article 38 1? If a State has conflicting obligations under two treaties or under a treaty and customary international law , which obligation will prevail? Which party bears the burden of proof before the ICJ? Does the doctrine of affirmative defense apply in international law? What is the standard of proof required by international law e. In what circumstances recourse to circumstantial evidence is permitted? Which party bears the burden of proof with respect to customary status of a particular norm?
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  • How does the ICJ apply these documents? Protection of individuals before the ICJ 1. Can a State bring a claim before the ICJ in order to protect the interests of a private person? If so, how are concepts of diplomatic protection and nationality relevant? Is exhaustion of local remedies required in order for a State to bring a claim before the International Court of Justice? What remedies should be exhausted? Is it relevant whether the person was voluntary present on the territory of the respondent state? If a matter concerning a human rights issue arises before the ICJ, what sources will the Court apply in adjudicating the matter? Do all norms enshrined in the Universal Declaration of Human Rights represent customary law?
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  • State responsibility 1. What are the principal international documents concerning State responsibility? Is there a universal agreement on the issue? What are the elements of an internationally wrongful act of a State? How can conduct of a State be established? Can a State be held responsible if it directs or controls conduct of private persons or acknowledges or attributes conduct of private persons? What are the other instances of attribution of conduct to a State? What are the circumstances precluding wrongfulness of an act of a State? What is the content of State responsibility e. If so, what conditions this State should meet? In what circumstances can the conduct of a State be justified as a countermeasure? Procedural issues 1. Grounds of the jurisdiction of the International Court of Justice 2. Locus standi matter of jurisdiction or admissibility 3. Admissibility of claims before the ICJ At what stage should admissibility objections be raised?
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  • Clean hands doctrine 5. Can objections to jurisdiction be considered by the ICJ proprio motu i. Does the same apply to the admissibility objections? Waiver of objections? The concept of laches? What remedies may the ICJ grant and, accordingly, parties to a dispute may claim? What credence should the ICJ assign to findings of fact and law made by a national court? In which circumstances and to what extent should the ICJ defer to national courts? What is the procedure for enforcement of the ICJ judgments? Have States ever refused to comply with judgments of the ICJ? What were the consequences of these refusals if any? What are the consequences of such a refusal in accordance with theory of international law?
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  • Explain your answer in not more han two 2 sentences. II Despite lingering questions about his Filipino citizenship and his one-year residence in the district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law. If so, by whom and why? If not, why not? If so, what action or actions may be filed and where? Is the disapproval of the ordinance correct? Explain your answer. The municipality files a motion to dismiss the complaint, invoking state immunity from suit. Resolve the motion with reasons. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping law. Resolve the objection with reasons. The team saw a man with reddish and glassy eyes walking unsteadily towards them, but he immediately veered away upon seeing the policemen.
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  • The team approached the man, introduced themselves as peace officers, then asked what he had in his clenched fist. Because the man refused to answer, a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. The team then took the man into custody and submitted the contents of the sachet to forensic examination. The crystalline substance in the sachet turned out to be shabu. The man was accordingly charged in court. He then filed, and the House of Representatives unanimously approved, a Resolution directing the House Committee on Good Government HCGG to conduct an inquiry on the matter, in aid of legislation, in order to prevent the recurrence of any similar fraudulent activity.
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  • On the date set for the hearing, only the SEC Commissioners appeared, prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons. Why or why not? He then married Shirley, an American, and sired three children. In August , Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr.
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  • Thus, he took the oath of allegiance required under R. If so, why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship? During the formal investigation of the charges, the Secretary of Education preventively suspended him for a period of sixty 60 days. On the 60th day of the preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered his immediate dismissal from the service. Maximino then elevated the matter to the Court of Appeals CA. Explain your answer in not more than two 2 sentences. XII William, a private American citizen, a university graduate and frequent visitor to the Philippines, was inside the U. Then, in front of many shocked witnesses, he killed the person he was arguing with.
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  • The police came, and brought him to the nearest police station. Upon reaching the station, the police investigator, in halting English, informed William of his Miranda rights, and assigned him an independent local counsel. William refused the services of the lawyer, and insisted that he be assisted by a Filipino lawyer currently based in the U. William protested his arrest. Is William correct? Was William denied his Miranda rights? State that has outlawed capital punishment, should William be granted bail as a matter of right?
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  • The government of Asyaland does not support the terrorist group, but being a poor country, is powerless to stop it. The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is necessary to defend itself. The team stayed only for a few hours in Asyaland, succeeded in killing the leaders and most of the members of the Emerald Brigade, then immediately returned to the Philippines. Which contention is correct? The Philippine Government insists that a special international tribunal should try the terrorist.
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  • On the other hand, the terrorist argues that terrorism is not an international crime and, therefore, the municipal laws of the Philippines, which recognize access of the accused to constitutional rights, should apply. Decide with reasons. KMM filed suit to compel disclosure of the negotiation details, and be granted access to the records of the meetings, invoking the constitutional right of the people to information on matters of public concern. The suspension order was ostensibly based on Memorandum Circular No. She had been living with a married man, not her husband, for the last fifteen 15 years. Administratively charged with immorality and conduct prejudicial to the best interest of the service, she admits her live-in arrangement, but maintains that this conjugal understanding is in conformity with their religious beliefs.
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  • If you were to judge this case, will you exonerate Angelina? Jenny filed suit in court, seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion, but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family.
    Link: https://canvas.uccs.edu/eportfolios/9556/Lenny_/A00270_Exam
  • Automatic Shipments Terms Product description International law is more than a single subject. It is a legal system and differs considerably from domestic law. This can make the study of international law challenging. Part One of the workbook consists of short topic overviews followed by a mixture of multiple choice quizzes covering the principal features of each topic, and short-answer questions to prompt further reflection and consideration of the relevant concepts. Answers to all questions are provided at the end of each chapter. The second section of the workbook consists of tutorial and exam-style problems. These build in complexity and scope as the reader works through the materials. At the end of the section are worked answers that explain the applicable law. The book concludes with a section providing general advice on essay writing and exam technique in international law.
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  • The workbook is an essential resource for students and is an ideal companion to any substantive text on international law. She has taught general international law courses for over twenty years at both the introductory and advanced levels, has published in that and related fields and holds a PhD from the University of Geneva.
    Link: http://phys.ttu.edu/~slee/3301/2017_Fall/F17_3301_Lecture10.pdf
  • How would these sources differ from those pertaining to municipal legal system? Discuss with specific reference to the Naturalists and the Positivists approach. Support your discussion with decided cases. Both attained independence in Dangala was a former colony of United Kingdom while Trunda was formerly a French protectorate. About 40 nautical miles away from these two island States is the tiny island of Gora, which is reputedly rich in fishery resources. The island was formerly discovered by the French authorities in , but in the United Kingdom Government established a light-house on the island and since then the light house had been maintained by the British authorities. After independence, the Dangalan Government has inserted the island in the Government Gazette and declared it as a bird sanctuary.
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  • Both Dangala and Trunda now claim sovereignty over Gora and the dispute has been submitted before the International Court of Justice. You are appointed by the Prime Minister of Dangala as the legal counsel to represent the State before the World Court. What would be your legal advice? The device is planted in State C, explodes over State D, killing all those on board, the majority of whom are nationals of State B. Which States have claims to jurisdiction and according to what principles under international law? The persons who were killed by Laurens were captured members of the security forces of the Xania government. Some years after the murders described in the previous paragraph, Laurens emigrated to Zanjia , a neighbouring State, and became a Zanjian national. Would Zanjia be acting in conformity with public international law if it asserted criminal jurisdiction over Laurens in respect of the murders committed by him in Xania?
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  • The assault caused X serious personal injury. Give a legal opinion as to the jurisdiction of the court over the respective defendants. What would your opinion be, if Y was an unmarried 18 year old son of the Head of the diplomatic mission of State A, accredited to State B, and was a student at a local university of State B but who used to live, during weekends, with his parents at the diplomatic residence?
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  • Autumn 1. Identify and explain the content of the legal principles contained in this paragraph as well as their relationship to each other. In doing so, please refer also to the jurisprudence of international courts and tribunals. Discuss the principles in the light of the need to solve global environmental problems such as climate change and the loss of biological diversity. Explain and discuss the main legal issues and problems in the relationship between environmental protection and international trade law of the WTO.
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  • Give case examples. Autumn Answer 2 of the following 3 questions: 1. Give a brief overview of the main sources in international environmental law. Explain and discuss in particular the emergence of "soft law" and principles in international environmental law and how this has influenced the development of this area of international law. Explain the concept "shared natural resource" in international natural resources law.
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