University of Cebu-Banilad Campus Banilad, Cebu City College of Law Public International Law Examination Prepared by !

tty" #udiel $" Pare%a

&ame _______________________________ Course and (ear ______________________

'ate ________________ )core _______________

This questionnaire consists of ten (X) numbers contained in two (2) pages. Read each question very carefully. nswer legibly, clearly, and concisely. !tart each number on a separate page" an answer to a sub#question under the same number may be written continuously on the same page and immediately succeeding pages until completed. $o not repeat the question. mere %&es% or %'o% answer on an essay question without any corresponding discussion will not be given any credit. (. ()* +oints) a. (s (nternational law a ,true law-. /0plain. b. 1nder rticle 23 of the (nternational 4ourt of 5ustice ((45) !tatute6 what are the sources of international law. ((. ()* +oints) foreign ambassador to the +hilippines leased a vacation house in 4ebu 4ity for his personal use. 7or some reason6 he failed to pay rentals for more than one year. The lessor filed an action for the recovery of his property in court. a. 4an the foreign ambassador invo8e his diplomatic immunity to resist the lessor9s action. b. The lessor gets hold of evidence that the ambassador is about to return to his home country. 4an the lessor as8 the court to stop the ambassador9s departure from the +hilippines. (((. ()* +oints) The /0tradition Treaty between the 1nited !tates and the +hilippines is silent as to its applicability with respect to crimes committed prior to its effectivity. a. 4an the 1nited !tates demand the e0tradition of :r. X6 an merican national residing in the +hilippines6 for an offense committed in the 1nited !tates prior to the effectivity of the treaty. /0plain. b. 4an :r. X contest his e0tradition on the ground that it violates the ex post facto provision of the +hilippine 4onstitution. /0plain. (;. (+oints) a. <hat is a treaty. b. :ay a treaty violate international law. (f your answer is in the affirmative6 e0plain when such happen. (f your answer is in negative6 e0plain why. ;. ()* +oints) (nang =ayan6 a vigilante group composed of private businessmen and civic leaders previously victimi>ed by the 'ew +eople9s rmy ('+ ) rebel group6 was implicated in the torture and 8idnapping of $r. X6 a 8nown '+ sympathi>er. a. 1nder public international law6 what rules properly apply. <hat liabilities6 if any6 arise thereunder if (nang =ayan?s involvement is confirmed.

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<hat is the rchipelagic $octrine. it is to teac. !ubsequently6 the same 1. <ho are stateless persons under (nternational Faw. b. law or to ma-e lawyers. (s a stateless person entirely without right6 protection or recourse under the Faw of 'ations. member6 religiously complies with the embargo but refuses to ta8e part in the enforcement action6 sending a medical mission instead of fighting troops to the troubled area. (s the archipelagic doctrine reflected in the )C3D 4onstitution. <ould the (44 replace national or domestic criminal courts. X. @ence6 he filed a case in the RT4.in>on6 refute the defense of . Republic claims that prior to the date of e0piration of the said agreement6 they informed . b. and to ma-e great lawyers"/ -)upreme Court #ustice 0liver 1endell 2olmes.'. body adopts a resolution calling for an enforcement action against !tate X under 4hapter .(((.sovereign immunity. ()* +oints) !tate X invades and conquers !tate &. /0plain. The 1nited 'ations !ecurity 4ouncil declares the invasion and conquest illegal and orders an international embargo against !tate X. ()* +oints) a.in>on. law in t. Ene of the provisions contained in the agreement is that any legal action arising out of this :aintenance greement shall be settled according to the laws of the +hilippines and by the proper court of :a8ati 4ity6 +hilippines.in>on9s wor8 and services unsatisfactory and not in compliance with the standards set in the greement. (X. 4harter. 4harter. /0plain. #r" Page 2 of 2 . b. !tate B6 a 1. (f not6 why not. ()* +oints) a.ool is not sufficiently described w. (f so6 what sanctions may be ta8en against it.in>on that the renewal of the agreement shall be at the discretion of the incoming 4hief of dministration6 who allegedly found .(. $oes the 4ommission on @uman Rights have the power to investigate and adAudicate the matter. Republic filed a :otion to $ismiss6 alleging that it is a foreign sovereign !tate6 has sovereign immunity from suit. ()* +oints) a. . (n turn6 .e grand manner.'.raised by the state of (ndonesia.((. c. @ence6 the (ndonesian /mbassy terminated the agreement.en you merely say t. t any rate6 what should be the court9s ruling on the said defense. <hat are the crimes falling under the Aurisdiction of the (nternational 4riminal 4ourt ((44).in>on filed an Epposition to the said motion alleging that the Republic has e0pressly waived its immunity from suit.in>on claims that the aforesaid termination was arbitrary and unlawful. $id !tate B violate its obligations under the 1. .(( of the 1. b.e business of a law sc.at it is to teac.'. /0plain. . The agreement stated that . a. En the other hand6 .'. *+. b.b.in>on shall6 for a consideration6 maintain specified equipment at the /mbassy :ain =uilding6 /mbassy nne0 =uilding and the official residence of the ambassador. s counsel of . ()* +oints) Republic of (ndonesia (Republic) entered into a :aintenance greement with 5ames . a.