PIL MCQs

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    c. 1 and 2

    d. 1, 3 and 4

    7. How far does the 'exclusive economic zone' of a country extend into the sea?

    a. 12 nautical miles

    b. 50 nautical miles

    c. 100 nautical miles

    d. 200 nautical miles

    8. Which of the following is not an agreement governed by the World Trade Organization (WTO)?

    a. GATT

    b. TRIPS

    c. UNCTAD

    d. GATS

    9. What does the 'most-favored nation' principle of GATT (Art. 1) mean?

    a. Signatory parties have to extend equal trading privileges to all other signatories

    b. Signatory parties may extend special privileges to some other signatories

    c. Signatory parties receive special privileges compared to non-signatories

    d. Signatory parties may choose one trading partner to be their most-favored nation.

    10. What does the Universal Declaration of Human Rights state in its first Article?

    a. All human beings have the right to life.

    b. All human beings share equal rights to life and liberty.

    c. All human beings have the right to liberty.

    d. All human beings are born f ree and equal in dignity and rights.

    11. Jus ad bellum - the right to wage war, has been officially abolished in which year?

    a. 1974

    b. 1947

    c. 1954

    d. 1928

    12. When is the use of force justified by international law?

    a. In case of self-defense or when authorized by the UN Council

    b. Only if authorized by the UN Council

    c. Only in case of self defense

    d. Only in case of self-defense, but with the authorization of the UN Council

    13. Are declarations of the General Assembly of the United Nations international law?

    a. Yes

    b. Yes, in some cases

    c. No

    d. No, in some cases

    14. Which of the following statements is true?

    a. International humanitarian law is not applicable in non-international armed conflicts

    b. International human rights law is applicable in times of war and peace

    c. In times of war, members of the armed forces can never come under the protection of internationalhumanitarian law because they are the ones conducting hostilities

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    c. It covers contracts entered into in relation to the maintenance of diplomatic residences

    d. It cannot be invoked by a diplomat when acting in his personal capacity

    23. A person requested to be extradited is entitled to notice and hearing.

    a. Yes, because he is entitled to his constitutional rights to due process

    b. No, because an extradition process is not a criminal process

    c. Yes, because he is about to lose his liberty and security

    d. It depends on the provisions of the extradition treaty

    24. Which of the following is not a source of international law

    a. conventions

    b. customs

    c. general principles of law

    d. decisions and or teachings of highly publicized commentators

    e. none of the above

    25. This is an area of water not exceeding 12 nautical miles from territorial sea the and 24 nauticalmiles from the baseline.

    a. internal waters

    b. exclusive economic zone

    c. contiguous zone

    d. high seas

    e. continental shelf

    26. The high seas is subject to these freedoms, except

    a. freedom of navigation

    b. freedom of overflight

    c. freedom of laying pipelines

    d. freedom to annexation

    27. Ferdi was an 18th century colonial explorer. He was sent to a mission to look for some rare andundiscovered spices by his capricious monarch named Felipe. In the course of navigation, hediscovered a seemingly pristine island covered with dense growth of trees. He then claimed the islandfor his King. But after gathering the spices that he needed he left and never returned until after 40years. By that time there was already a group of inhabitants who called themselves "Tribu de UnggaUngga." Does Ferdi have a rightful claim to the island?

    a. Yes

    b. No

    c. Ferdi and Tribu de Ungga Ungga co-own it

    d. They must submit the issue to court

    28. Christoph is a naval agent of Ukraine holding the position vice-admiral. He was sent by the Ukrainegovernment to deliver an important cargo to North Korea. While navigating the high seas, theyencountered a strong storm which effectively destroyed their navigating instruments and brought themto a barren island without inhabitants. Upon checking on his map, Christoph realized that it is thelegendary lost island of Atlantis. Upon his return to Ukraine, he published his discovery in HonoluluJournal and claimed ownership to the island in the name of his country. Right after publishing, Chinawent to the island and installed oil pipelines and other huge tenements and claimed title for itself. Whohas the better title to the island?

    a. Ukraine

    b. North Korea

    c. China

    d. No one. It belongs to all states of the world.

    29. Republic of Takas and Kingdom of Malaya entered into a treaty concerning some trade taxexemptions they grant to each other. They signed the treaty on May 31, 2011. Pending ratification,Dmitri, a citizen of Republic of Takas is claiming the enforcement of the treaty with respect to his goodsexported to Kingdom of Malaya. Will his claim prosper?

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    a. Yes

    b. No

    c. Maybe

    d. The international court has final decision in the interpretation

    30. Under Article 3 of the Vienna Convention on Diplomatic Relations, the functions of a diplomaticmission, consist inter alia in the following, except:

    a. Representing the sending State in the receiving State

    b. Protecting in the receiving State the interests of the sending State and of its nationals, within thelimits permitted by international law

    c. Negotiating with the Government of the receiving State as well as other States in which the receivingState has diplomatic relations to

    d. Ascertaining by all lawful means conditions and developments in the receiving State, and reportingthereon to the Government of the sending State

    e. Promoting friendly relations between the sending State and the receiving State, and developing theireconomic, cultural and scientific relations

    f. All of the above

    g. None of the above

    31. Under Article 14 of the Vienna Convention on Diplomatic Relations, heads of missions are dividedinto several classes. Which is not among the classes identified in the Convention?

    a. That of ambassadors or nuncios accredited to Heads of State, and other heads of mission ofequivalent rank

    b. That of counselors, diplomatic secretaries, or attaches

    c. That of envoys, ministers and internuncios accredited to Heads of State

    d. That of chargs daffaires accredited to Ministers for Foreign Affairs

    e. All of the above

    f. Both b and d

    g. None of the above

    32. A necessary consequence of the establishment and functioning of a mission is the protection of thepremises from external interference. Which of the following is not in accordance with the ViennaConvention regarding premises?

    a. The receiving State is under a special duty to take all appropriate steps to protect the premises of themission against any intrusion or damage and to prevent any disturbance of the peace of the mission orimpairment of its dignity.

    b. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as thepremises of the mission

    c. The premises of the mission shall be inviolable. The agents of the receiving State may not enterthem, except with the consent of the head of the mission.

    d. The premises of the mission, their furnishings and other property thereon and the means of transportof the mission shall be immune from search, requisition, attachment or execution

    e. All of the above

    f. None of the above

    g. Both b and d

    33. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shallalso enjoy immunity from its civil and administrative jurisdiction, except in the case of:

    a. An action relating to succession in which the diplomatic agent is involved as executor, administrator,heir or legatee in behalf of the sending State

    b. A real action relating to private immovable property situated in the territory of the receiving State,which he holds on behalf of the sending State for the purposes of the mission

    c. An action relating to any professional or commercial activity exercised by the diplomatic agent in thesending State outside his official functions

    d. All of the above

    e. Both a and c

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    f. Both a and b

    g. None of the above

    34. Which of the following statements is true:

    a. Waiver of immunity from jurisdiction of diplomatic agents may be express or implied.

    b. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under article31 may be waived by the sending State.

    c. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be heldto imply waiver of immunity in respect of the execution of the judgment, for which a separate waivershall be necessary

    d. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdictionunder article 37 shall not preclude him from invoking immunity from jurisdiction in respect of anycounterclaim directly connected with the principal claim.

    e. Both b and d

    f. Both c and d

    g. None of the above

    35. A diplomatic agent shall not be exempt from all dues and taxes, personal or real, national, regionalor municipal in following instances, except:

    a. Dues and taxes on private income having its source in the receiving State and capital taxes oninvestments made in commercial undertakings in the receiving State

    b. Indirect taxes of a kind which are normally incorporated in the price of goods or services

    c. Dues and taxes on private immovable property situated in the territory of the receiving State, unlesshe holds it on behalf of the sending State for the purposes of the mission

    d. Charges levied for specific services rendered

    e. All of the above

    f. Both b and d

    g. None of the above

    36. Which of the following statements is not true?

    a. When the functions of a person enjoying privileges and immunities have come to an end, hisimmunity shall continue to subsist with respect to respect to acts performed by such a person in theexercise of his functions as a member of the mission

    b. Every person entitled to privileges and immunities shall enjoy them from the moment he enters theterritory of the receiving State on proceeding to take up his post or, if already in its territory, from themoment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry asmay be agreed

    c. In the event of the death of a member of the mission not a national of or permanently resident in thereceiving State or a member of his family f orming part of his household, the receiving State shall permitthe withdrawal of the movable property of the deceased, with the exception of any property acquired inthe country the export of which was prohibited at the time of his death

    d. When the functions of a person enjoying privileges and immunities have come to an end, suchprivileges and immunities shall normally cease at the moment when he leaves the country, or on expiryof a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict

    e. In case of the death of a member of the mission, the members of his family shall continue to enjoythe privileges and immunities to which they are entitled until the expiry of a reasonable period in whichto leave the country

    f. All of the above

    g. None of the above

    37. The following are considered sources of International Law except:

    a. International conventions

    b. Judicial decisions

    c. International custom

    d. Treaties

    38. Which of the following best articulates the attribute of a practice considered customary InternationalLaw?

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    a. The practice permits no derogationb. Adherence is optional

    c. It has a norm-creating character

    d. It is recognized in international conventions

    39. After eliciting widespread criticism and condemnation of its planned sattelite launch, perceived bythe international community to be actually a nuclear missile test, the Democratic Peoples Republic ofKookoorithckin (DPRK) held a press conference and sent letters to different heads of state saying that itwould no longer push through with the intended launch. Which of the following pronouncement isconsistent with the principles and doctrines of International Law?

    a. The pronouncement is not binding since the unilateral declaration of DPRK created no legalobligation.

    b. DPRK must refrain from pushing through with the launch since its unilateral declaration created alegal obligation to refrain from doing so.

    c. Other countries mist push DPRK to enter into a multi-lateral treaty to create a legal obligation for itto refrain from launching its purported sattelite.

    d. The DPRK should condemn other countries for hindering it from pursuing its space program.

    40. John Van Bowel was a Belgian who was hired by the Philippine government to design a multi-billionpeso international airport. He finished the design and presented it to the private Filipino contractorwhich won in the bidding for constructing the airport. Alleged irregularities in the bidding process,however, became the subject of Senate investigations and, subsequently, the private contractor wasbooted out from the project. After Van Bowel demanded payment for services rendered, however, thePhilippine government refused noting that it never received his designs. Which of the followingpronouncements is in accord with the principles and doctrines of International Law?

    a. Van Bowel can sue the Philippine government to recover payment for services rendered

    b. Belgium may claim indemnity from the Philippines on behalf of its citizen.

    c. The Philippine government cannot be sued because it is immune from suit.

    d. The dispute does not involve states since the fault lies with the private contractor.

    41. After decades of peace negotiations, the Rastafarian Peoples Liberation Front (RPLF) managed tosecure the complete autonomy of certain regions of Rastahmahn which were subsequently organizedas a juridical entity. Henceforth, the said juridical entity drafted and ratified its own organic law,organized its own army, and entered into trade relations with neighboring states. Centuries of ethnictensions, however, led to the massacre of 10,000 members of the Hiphopmahn tribe scatteredthroughout the RPLF-controlled regions. Which of the following pronouncements is consistent with theprinciples and doctrines of International Law?

    a. Rastahman is liable for reparations for commiting genocide.

    b. The acts of the RPLF armed forces cannot be attributed to Rastahman since the latter did notexercise effective control over the former.

    c. The acts of the RPLF cannot be subject to sanctions because it is not yet a member of the UnitedNations.

    d. Rastahman violated its obligation to prevent genocide.

    42. The following are sufficient to establish territorial sovereignty over an area except:

    a. Conquest

    b. Display of authority

    c. Effective occupation

    d. Acquiesence of neighboring states

    e. None of the above

    43. Bordering states along straits are duty-bound to do the following except:

    a. Not to impede the right of transit passage

    b. Provide facilities for efficient transit passage

    c. To notify concerned parties of any danger to navigation

    d. Not to suspend transit passage

    e. None of the above

    44.Pal Pot, the former president of the Republic of Viyear and accused of masterminding the torture ofhundreds of oppositionists during his term, flew to Cuba for treatment of his stage IV lung cancer.Cuban authorities, meanwhile, are seeking to submit him to the local courts to try him for the crime oftorture. Which of the following is in accord with the doctrines and principles of International Law?

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    a. Pal Pot is immune from suit since the incidents of torture were committed when he was the head ofstate of Viyear.

    b. Pal Pot is not immune from suit because torture cannot be attributed to a sovereign act.

    c. Pal Pot is not immune from suit since his term as head of state has expired.

    d. Pal Pot should not be submitted to the courts based on humanitarian grounds.

    e. Pal Pot cannot be tried in Cuba and has to be extradited to Viyear.

    45. While patrolling the waters near a widely contested island group, the coast guard of State A spotteda military vessel of State B conducting surveys on the surrounding waters. To their surprise, the saidmilitary vessel started firing their machineguns at them. In response, they shot a rocket launcher at Bsmilitary vessel, sinking it, and killing its crew. Is State A liable for the act?

    a. No, since the act was done in self-defense.

    b. No, since As coast guard was not acting under express authority of As officials.

    c. Yes, since the coast guard is a state organ of A.

    d. Yes, since the coast guard is mandated by A to attack intruders.

    e. None of the above

    46. ASEAN countries drafted a multi-lateral treaty expressing the member-nations commitment toeradicate torture in all spheres of government conduct. Myanmars assent to the treaty was highlypublicized and widely criticized for being hypocritical. The treaty was eventually forged with thesignatures of all the member-states except Myanmar. Is the treaty still binding on Myanmar consideringthat it had assented to it earlier?

    a. Yes, because its former assent is enough to bind it to the terms of the treaty.

    b. No, since it the assent was made prior to the drafting of the treaty.

    c. Yes, since the treaty expresses a customary norm.

    d. No, since the failure to sign implies dissent to the treaty.

    e. None of the above.

    47. State A, alarmed by the construction of State B of a missile silo in an island close to the capital of A,sent special forces to demolish the said missile silo. The two states have an antagonistic relationshipwith B repeatedly issuing statements that it would not hesitate to attack A when an opportunitypresents itself. State B brought the ensuing dispute to the attention of the ICJ. Which of the followingpronouncements is consistent with the doctrines and principles of International Law?

    a. The destruction of the missile silo is not justified since there was no attack from B.

    b. The destruction of the missile silo is justified because the missile silo is meant for a prohibitedweapon.

    c. The destruction of the missle is justified since an a ttack has been perceived to be imminent.

    d. The destruction of the missle silo is not justified because it failed to satisy the necessity andproportionality test.

    e. None of the above.

    48. State A sent forces to train the armed forces of State B in a planned attack against the oil platformsof State C. A had long been pressuring C to open its nationalized oil industry to As market. The attackensued, causing large-scale damage to Cs oil platforms. C then brings the matter to the ICJ. A raisescollective self-defense, claiming that the leftist government of C posed threats to the security of B andother neighboring states. Which of the following pronouncement is in accord with the principles anddoctrines of International Law?

    a. The armed attack is justified under the doctrine of anticipatory self-defense.

    b. The armed attack is not justified because because B did not ask A to help in defending itself from C.

    c. The armed attack is justified because oil platforms are legitimate military targets.

    d. The armed attack is not justified because it failed the tests of necessity and proportionality.

    e. None of the above.

    49. Late for a meeting with the President of the receiving state, consular officer of State A instructed hisdriver to rush. However, on the way, his car hit a pedestrian causing serious injuries to the latter. Thepedestrian then sues the consular officer for damages. Which of the following pronouncements isconsistent with the principles and doctrines of International Law?

    a. The consular officer cannot be subject to the jurisdiction of the courts of the receiving state since heis immune from suit.

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    b. The consular officer can refuse to appear before the courts of the receiving state.

    c. The consular officer is subject to the jurisdiction of the courts of the receiving state for the suit fordamages ensuing from a vehicular accident.

    d. The consular officer should be recalled by the sending state for his negligence.

    e. None of the above.

    50. During the war between State A and State B, a general of State A, in an overwhelmingly successfulcampaign, captured 5,000 soldiers of State B. The captured soldiers were tortured and subjected toharsh, inhumane conditions that eventually led to the death of all 5,000 soldiers. Which among thefollowing is the legal instrument applicable to the cited situation?

    a. The Rome Statute

    b. The Geneva Conventions

    c. The Genocide Convention

    d. The Torture Convention

    e. Ottawa Protocol

    51. In the course of negotiating a treaty with State B, the president of State A was overthrown by apopular uprising which subsequently led to the organization of a new state, C. While in exile, however,the president of State A, with members of the legislative also in exile, signed and subsequently ratifiedthe treaty. Which of the following pronouncements is in accord with the p rinciples and doctrine ofInternational Law?

    a. The treaty is not binding to State C because the emerging state is not a party to the treaty.

    b. The treaty is binding to State C since the new state has not yet been recognized by the internationalcommunity.

    c. The treaty is not binding to State C because it was not negotiated, signed, and ratified with fullpowers.

    d. The treaty is binding to State C under the principle of pacta sunt servanda

    e. None of the above.

    52. The following can engage state responsibility except:

    a. Police officers

    b. Mercenary groups hired by the government

    c. Vigilante cultists on a crusade against leftist rebels

    d. ROTC cadets

    e. None of the above.

    53. In response to a terrorist attack, State A applied to the UN Security Council for military counter-measures against State B, which the military intelligence of State A claims to have been hosting andsupporting the terrorist group responsible for the attack. The measure was vetoed by two permanentmembers of the Security Council, prompting State A to unilaterally declare a war against terror andcalled on willing states to send troops for a military campaign against State B. Dubbed the Coalition ofthe Willing, State A and other participating states invaded State B. Is the military campaign a violationof the provision against the use of force of the UN Charter?

    a. Yes, the campaign is a violation of the prohibition because it was launched without the go-signal bythe Security Council.

    b. No, the campaign is not a violation of the prohibition since it is an act of self-defense.

    c. Yes, the campaign is a violation of the prohibition because non-military measures were not firstemployed.

    d. No, the campaign is not a violation of the prohibition on the ground of opposability.

    e. None of the above.

    54. State B is suspected of developing a nuclear weapons program. However, it has consistentlydenied the allegation, claiming that it is merely pursuing a civilian nuclear program. State A, a bitter rivalof State B, launched a military campaign in State B to destroy facilities believed to be used for uranium-enrichment. State B countered by launching a full-scale attack against State A using traditionalweapons, but killing millions and resulting in the destruction of around 70% of the infrastructure of StateA. Which of the following is consistent with the principles and doctrines of International Law?

    a. The response of State B is unjustified for failing the test of necessity and proportionality.

    b. The response of State B is justified as an act of self-defense.

    c. The response of State B is an unjustified act under International Humanitarian Law.

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    d. The response of State B is justified because A started the armed aggression.

    e. None of the above.

    55. The following are within the jurisdiction of the International Criminal Court except:

    a. Deportation

    b. Murder

    c. Extermination

    d. Rape

    e. All of the above (*need to be widespread or systematic and with knowledge)

    56. Equitable principles in the delimitation of maritime boundaries consider the following except:

    a. Conduct of the parties

    b. Economic capability

    c. Economic dependence

    d. Geological structures

    e. Security interests

    57. Which of the following is NOT a principal organ of the United Nations(UN)?

    a. General Assembly

    b. The Secretary-General (A principal organ of the UN is the Secretariat, which is the office thatincludes the Secretary General and its staff.)

    c. Security Council

    d. Economic and Social Council

    58. Which of the following about Economic and Social Council (EcoSoc) is NOT true?

    a. The Economic and Social Council (EcoSoc) consists of only 54 members elected by the GeneralAssembly;

    b. Eighteen members are elected each year for a term of two (2) years (The term for elected membersof the EcoSoc is three (3) years.)

    c. Each member shall have one representative only;

    d. It can enter into an agreement with the specialized agencies or any of the agencies referred to inArticle 57 of the UN Charter;

    59. Which of the following is true about the International Court of Justice?

    a. It is subsidiary organ of the UN such as the International Criminal Court

    b. Some members of the UN are not parties to the Statute of the ICJ

    c. A state which is not a member of the UN may become a party to the Statute of the ICJ on conditionsto be determined by the General Assembly upon the recommendation of the Security Council (Theother choices are false because the ICJ is a principal organ, all members of the UN are deemedparties to the Statute of the ICJ and undertakes to comply with the decision thereof.)

    d. A member of the UN does not undertake to comply with the decision of the ICJ in a case to which itis a party;

    60. The following are formal sources of International Law except:

    a. Customary Norms

    b. Treaties

    c. General assembly resolutions (General Assembly resolutions are not formal sources of internationallaw. They are merely restatements of customary law)

    d. General Principles of Law

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    61. The following are material sources of custom except:

    a. Municipal ordinances; Local ordinances are not material sources of custom.

    b. Policy Statements;

    c. State legislation;

    d. Diplomatic Correspondence

    62. Which of the following is not a refugee?

    a. A Filipino who left his home in Laguna for Chile to escape prosecution;

    b. A Filipino who left his home in Laguna for Spain to avoid armed conflict;

    c. A Filipino who left his home in Laguna for Surigao del Sur to escape malicious and baselessprosecution; (A refugee must cross international borders to be considered as such.)

    d. A Filipino who left his home in Laguna for Libya to escape armed conflict.

    63.The following enjoys diplomatic immunity except:

    a. Diplomatic agents;

    b. Private servants of members of the mission;

    c. Ambassadors spouse;

    d. All of the above

    64. Diplomatic agents are exempt from taxes except:

    a. Indirect taxes;

    b. Estate, succession or inheritance tax;

    c. Dues and taxes on private income derived within the State and capital taxes on investments made incommercial undertakings in the Receiving State;

    d. All of the above (A diplomatic agent must pay for the taxes for all of the above.)

    65. The high seas are all parts of the seas which do not form the internal waters or territorial sea of aState. The high seas are subject to the following freedoms except:

    a. Freedom to lay submarine cables and pipelines;

    b. Freedom of fishing;

    c. Freedom to construct artificial islands and structures;

    d. None of the above (A to C are 3 of the 6 Freedom of the high seas. The other 3 are: navigation,overflight, and scientific research.)

    66. Treaties can be deemed invalid if:

    a. It violatesjus cogens norms; (A treaty is invalid when it clearly violates jus cogens norms.)

    b. The State agents have f ull powers to bind the State;

    c. When there is no f raud and inducement;

    d. When it codifies customary norms.

    67. Which of the following statements about modes of acquisition of territory is false?

    A. Effective occupation is a move towards the exercise of exclusive authority in a territory.

    B. If an island is uninhabited, open declaration is considered sufficient.

    C. Only terra nullius territory may be the subject of discovery and effective occupation.

    D. Discovery alone is sufficient and entitles the claimant to a title.

    68. Which of the following is a false statement regarding consequences of a breach of an internationalorganization attributable to a State?

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    A. To cease and desist from

    B. To make reparations for damages.

    C. To subject itself to proceedings in the ICJ.

    D. None of the above.

    69. This consists of the high seas and the outer space, which are not capacble of being placed underthe sovereignty of a State?

    A. Res nullius

    B. Imperium

    C. Dominium

    D. Res communis

    70. It is the general power of government, administration and disposition; a capacity recognized byinternational law.

    A. Jurisdiction

    B. Dominium

    C. Imperium

    D. Residual sovereignty

    71. It may consist in an acknowledgment of the breach, a formal apology or an expression of regret.

    A. Compnesation

    B. Satisfaction

    C. Restitution

    D. None of the above

    72. Which of the following is not an obligation in the exercise of transit of passage under Article 39 ofthe UNCLOS?

    A. Proceed without delay.

    B. Refrain from making any threat.

    C. Secure permission from the State authorities.

    D. Implement measures to reduce pollution.

    73. A coastal State may punish infringement of its laws and regulations involving the following except:

    A. Immigration

    B. Customs

    C. Fiscal

    D. All of the above

    74. With the consent of the parties, the ICJ may exercise jurisdiction over the following:

    A. Compel a third party State to subject itself to the proceedings

    B. Interpretation of a treaty

    C. Acts of individuals

    D. All of the above

    75. Under Article 38, which of the following is not among the sources applied by the ICJ in itsdecisions?

    A. Writings of leading publicists

    B. Ggeneral principles

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    C. Customs

    D. None of the above

    76. Which of the following is an exception cited in article 24 of the UNCLOS where a coastal state willexert local jurisdiction over purely internal affairs on foreign ships?

    A. When an offense on board a ship affects the peace or good order of the state

    B. If the intervention is requested by the captain of the ship

    C. If it is necessary for the suppression of narcotic drugs

    D. All of the above

    77. The following are the sources of international law except:

    a. International customs as evidence by a general practice accepted as laws

    b. International conventions, whether general or particular establishing rules impliedly recognized bycontesting states

    c. Constant and uniform practice between states

    d. General principles of law recognized by civilized nations

    78. Which of the following statements about JUS COGENS is False?

    a. It is a norm which States cannot derogate or deviate from in their agreements

    b. It is a mandatory norm and stands on a higher category than jus dispositivum norm

    c. It prevails over state immunity

    d. It can only be modified by a subsequent norm of general international law having the same character

    79. This is the basic right under international law which prohibits a potential receiving state fromreturning a person back to his/her homestate pending administrative inquiry as to the entitlement torefugee status

    a. Right to freedom of movement, freedom to choose his or her residence, freedom to leave anycountry, including his or her own, and to return to his or her country.

    b. Right not to be prosecuted [when one enter a state of refuge]

    c. Right to seek and enjoy asylum from persecution.

    d. Right of non-refoulement

    80. Under the UN Conference of the Law of the Sea, the contiguous zone pertains to:

    a. 3 nautical miles from the lowest water mark

    b. 12 miles from the outer limits

    c. 12 miles from the lowest water mark

    d. 200 miles from the outer limits

    81. What are the elements that must be satisfied for a norm to become customary?

    a. Constant and uniform usage by states

    b. Usage and opinion juris

    c. State practice and opinion juris

    d. Extensive and uniform state practice for a reasonable time

    82. Under the Convention on the Territorial Sea and the Contiguous Zone, the following are consideredas part of the Inland waters except?

    a.Any river or stream flowing directly into the sea, landward of a straight line across its mouth

    b.Any port, landward of its outermost permanent harbour works and a straight line across its mouth

    c. Historic bay

    d. Any other bay, if the entrance is not more than 24 geographic miles wide, landward of a straight lineis over 24 geographical miles long

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    83. The following are the qualifications a state should possess to be considered as a person ofinternational law, except:

    a. Government

    b. Sovereignty

    c. Permanent population

    d. Capacity to enter into relations with other states

    84. Who would head a mission if the post of the head of the mission is vacant or if the head is unable toperform his functions?

    a. Ambassadors or nuncios accredited to the Head of state where the mission is to be performed

    b. Other heads of mission of equivalent rank with respect to ambassadors

    c. Internuncios accredited to Heads of State

    d. Charge daffaires

    85. The International Criminal Court has jurisdiction over the following, except:

    a. Acts committed with or without intent to destroy, in whole or in part, a national, ethical, racial orreligious group

    b. Crimes against humanity committed as part of a widespread or systematic attack directed againstany civilian population and with knowledge of the attack

    c. War crimes

    d. Crime of aggression

    86. Which of the following is false?

    a. It is a principle of international law that the reparation of a wrong may consist in an indemnitycorresponding to the damage which the nationals of the injured state have suffered as a result of anunlawful act.

    b. Reparation must wipe-out all the consequences of the illegal act and re-establish the situation whichwould, in all probability, have existed if that act had been committed.

    c. Reparation includes payment for actual, moral, exemplary, liquidated and/or temperate damages

    d. If restoration is not possible, the remedy is compensation to such amount as to eliminate all eff ects ofthe illegal taking

    87. The high seas are subject to the following freedoms, except:

    a. Freedom from navigation

    b. Freedom from overflight

    c. Freedom from fishing

    d. Freedom from scientific research

    e. Both a and b

    f. None of the above

    88. Sec 1 Art 38 of the ICJ Statute provides the following sources of international law

    a. International conventions, expressly recognized by the contesting states

    b. International custom, as evidence of a general practice accepted as law

    c. General principles of law recognized by civilized nations

    d. A and B only

    e. A and C only

    f. All of the above

    g. None of the above

    89. International norms

    a. Create common ideas and cultural attitudes across countries

    b. Can become institutionalized through international organizations

    c. Were established after the 2nd World War by the United Nations

    d. Only rarely gain legitimacy when a world government is absent

    e. All of the above

    f. None of the above

    90. Decisions of the ICJ is enforced by

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    a. UN Armed Forces

    b. UN Security Council

    c. NATO

    d. UN General Assembly

    e. None of the above, decisions cannot be enforced

    91. The following are principles of the UN Charter, except:

    a. Territorial integrity

    b. Equality of member states

    c. Sovereignty

    d. Independence

    e. Right to use force against other states

    92. Acceptance of a state's official status and of its representatives

    a. diplomatic recognition

    b. diplomatic community

    c. diplomatic immunity

    d. diplomatic acceptance

    e. diplomatic representation

    93. According to Abaya v Ebdane, it is considered as an Executive Agreement:

    a. Exchange of notes

    b. Loan agreement between the parties

    c. Mere shake of hands of the parties

    d. A and B

    e. All of the above

    94. Can the PCIJ obtain compulsory jurisdiction over actions of a state which has not deposited itsinstrument of ratification of a treaty

    a. No, absolutely not possible. The state automatically loses its case

    b. No, but the state shall be given time to deposit its ratification

    c. Yes, with reference to the case of Nicaragua v US

    d. None of the above

    95. Norms of environmental protection include

    a. The precautionary principle

    b. The polluter pays

    c. Prior informed consent

    d. All of the above

    96. The UN Charter provides the following conditions for membership, except

    a. Must be a state

    b. Peace-loving

    c. Must accept the obligations of the Charter

    d. Must have a valid ground when it chooses not to carry out such obligations

    e. None of the above

    97. The high seas are all parts of the sea that are not included in the territorial sea or in the internalwaters of a State.

    a. The high seas are subject to the following freedoms, except:

    b. Freedom of scientific research

    c. Freedom of exploitation for military and para-military purposes

    d. Freedom to lay submarine cables and pipelines

    e. Freedom to construct artificial islands and structures

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    98. Article 4 of the UN Charter provides:

    Membership in the United Nations is open to all other peace-loving states which accept the obligationscontained in the present Charter and, in the judgment of the Organization, are able and willing to carryout these obligations.

    The admission of any such state to membership in the United Nations will be effected by a decision ofthe General Assembly upon the recommendation of the Security Council.

    Which of the following is correct?

    a. A member of the UN which is called upon, in virtue of Article 4 of the Charter, to pronounce itself byits vote, either in the Security Council or in the General Assembly, on the admission of a State tomembership in the UN, is juridically entitled to make its consent to the admission dependent onconditions not expressly provided by paragraph 1 of the said Article.

    b. A member, while it recognizes the conditions set forth in Article 4 of the UN Charter to be fulfilled bythe State concerned, can subject its affirmative vote to the additional condition that other States beadmitted to membership in the UN together with that State.

    c. The exhaustive character of paragraph 1 of Article 4 does not forbid the taking into account of anyfactor which can be connected reasonably and in good faith with the conditions of paragraph 1.

    d. Article 4 is merely an indispensable minimum to which political conditions could be added whichmight prevent the admission of new Members.

    99. Generally, treaties have binding nature on parties signatory because of principle of autonomy underdomestic law. Which of the following is not an exception to this rule?

    a. If the treaty codifies a customary norm, it binds all. The treaty merely restates it, therefore no signingis needed.

    b. Pacta tertiis under Article 35 of the Vienna Convention

    c. Pour autrui principe under Article 36 of the Vienna Convention

    d. When a state is a signatory to a distinctly related treaty of a contracting state in another treaty, the

    principle of the other treaty is considered embedded in the new treaty.

    100. According to Article 11 of the Vienna Convention on the Law of Treaties, which is not a way for aState to express its consent to a treaty, and hence be bound by it?

    a. Accession

    b. Ratification

    c. Implied approval

    d. Exchange of instruments

    101. In interpreting a treaty, the following shall be taken into account, together with the context, except:

    a. Any subsequent agreement between the parties regarding the interpretation of the treaty or theapplication of its provisions;

    b. Any subsequent practice in the application of the treaty which establishes the agreement of theparties regarding its interpretation;

    c. Any subsequent even which involves the contracting parties which is directly connected to the saidtreaty;

    d. Any relevant rules of international law applicable in the relations between the parties

    102. The functions of a member of a consular post shall come to an end inter alia, except:

    a. On notification by the sending state to the receiving state that his function have come to an end;

    b. On withdrawal of the exequatur;

    c. On official departure of the consular staff from the receiving state;

    d. On notification by the receiving state to the sending state that the receiving state has ceased toconsider him as a member of the consular staff;

    103. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving state.However, he shall not en joy immunity from its civil and administrative jurisdiction, except:

    a. A real action relating to private immovable property situated in the receiving state territory, unless heholds it on behalf of the sending state for purposes of the mission;

    b. A real action relating to the personal status of any citizen or resident of the receiving state;

    c. An action relating to succession in which the diplomatic agent is involved as executor, administrator,heir or legatee as a private person and not on behalf of the sending state;

    d. An action relating to any professional or commercial activity exercised by the diplomatic agent in thereceiving state outside his official functions

    104. The International Court of Justice, whose function is to decide in accordance with international lawsuch disputes as submitted to it, shall apply the following, except:

    a. International conventions, whether general or particular, establishing rules expressly recognized bycontesting States;

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    b. Judicial decisions and the teachings of the most highly qualified publicists of the various nations, asprimary means for the determination of rules of law;

    c. International custom, as evidence of a general practice accepted as law;

    d. General principles of law recognized by civilized nations

    105. Under Article 17 of the Statute of the International Criminal Court, a case is inadmissible in thefollowing instances, except:

    a. It is being investigated or prosecuted by a State which has jurisdiction over it, unless the State isunwilling or unable genuinely to carry out the investigation or prosecution;

    b. It has been investigated by a State which has jurisdiction over it and the State has decided not toprosecute the person concerned, unless the decision resulted from the unwillingness or inability of theState genuinely to prosecute;

    c. There was an agreement between the victim of another State and the investigating State that thelatter will exercise jurisdiction over the case;

    d. The case is not of sufficient gravity to justify further action of the Court

    106. Which of the following is not an expropriation principle that governs foreign investment law?

    a. The norm remains to be the harmonization of all sources of legal obligations

    b. The norm remains to be the expropriability of every property

    c. The norm remains to be enforceability of every international legal obligation, regardless of source

    d. The norm remains to be the compensability of every act of taking, except when the taking is for animmediately necessary public reason.

    107. What is the role of the ICJ?

    a. Settling legal disputes between States submitted to it by them

    b. Giving advisory opinions on legal matters referred to it

    c. Both A and B

    d. None of the above

    108. Who may submit cases to the Court?

    a. Only States are eligible to appear before the Court in contentious cases.

    b. Individuals, non-governmental organizations, corporations or any other private entity

    c. State may take up the case of one o f its nationals and invoke against another State

    d. A and B only

    e. B and C only

    f. A and C only

    109. What disputes between States can be en tertained by the Court?

    a. When requested to do so by one or more States.

    b. Upon motion by the UN prosecutor

    c. Both A and B

    d. None of the above.

    110. Is the states consent required for the dispute to be heard by the ICJ?

    a. YES

    b. NO

    c. YES, acceptance is mandatory

    d. NO, the ICJ can mandate that all members of the UN accept its jurisdiction

    111. In which ways can a state manifest its consent?

    a. Two or more States in a dispute on a specific issue may agree to submit it jointly to the Court

    b. State party undertakes in advance to accept the jurisdiction of the Court should a dispute arise onthe interpretation or application of the treaty with another State party;

    c. Unilateral declaration

    d. All of the above

    e. None of the above

    112. Are decisions of the Court binding?

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    a. YES, Article 94 of the United Nations Charter lays down that "each Member of the United Nationsundertakes to comply with the decision of [the Court] in any case to which it is a party".

    b. NO, as a sovereign state, consent to its jurisdiction is not consent to execution

    c. Both A and B

    d. None of the above

    113. A State which resorts to retorsion in international law

    a. must ensure that all states consent to its act.

    b. cannot curtail migration from the offending state.

    c. can expel the nationals of the offending state.

    d. should apply proportionate response within appreciable limit.

    e. None of the above.

    114. Freedom from torture is a right

    a. subject to derogation when national security is threatened.

    b. confined only during custodial investigation.

    c. which is non-derogable both during peacetime and in a situation of armed conflict.

    d. both (a) and (b)

    e. none of the above.

    115. Distinguish International Humanitarian Law from International Human rights law?

    a. International Humanitarian law sets rules f or persons affected by armed conflict while International

    Human rights law sets rulesfor all persons WON affected by armed conflict

    b. International Human Rights law sets rules for persons affected by armed conflict while InternationalHumanitarian law sets rules for all persons WON affected by armed conflict

    c. International Humanitarian law regulates the protection of persons and conduct of hostilities ininternational armed conflict while International Human rights law sets imposes standards for treatmentof persons both peacetime and war

    d. International Human Rights law regulates the protection of persons and conduct of hostilities ininternational armed conflict while International Humanitarian law sets imposes standards for treatmentof persons both peacetime and war

    116. Which of the statement is True?

    a. Customary international law is binding on all states that ratify a treaty

    b. Customary international law is binding on all states which explicitly consent to bound

    c. Customary international law is binding on all states

    d. Both A and B

    e. None of the above

    117. Which of the statements is True?

    a. An advisory opinion is open only to specified United Nations bodies and agencies.

    b. Advisory Opinions were intended as a means by which international agencies could seek the Court'shelp in deciding complex legal issues

    c. Advisory opinions are without legal effect

    d. Advisory opinions are binding upon the states

    118. What of the ff is NOT a source of law for ICJ decisions?

    a. international conventions

    b. international custom

    c. general principles of law recognized by civilized nations

    d. stare decisis

    119. Which of the ff can be considered a jus cogens norm?

    a. Right to life

    b. Prohibition to torture

    c. Freedom of religion

    d. A and B only

    e. B and C only

    f. A and C only

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    g. All of the above

    120. Which of the ff characterizes a declaration of one as persona non grata

    a. The host nation may at any time and for any reason declare a particular member of the diplomaticstaff to be persona non grata.

    b. The host nation can only declare a particular member of the diplomatic staff to be persona non grataonce he arrives in host nation territory

    c. After the host nation declares a particular member to be persona non grata, he/she loses hisdiplomatic immunity.

    d. The host nation explains the reasons behind its declaration.

    121. Is the private residence of the diplomat immune from search, requisition, attachment orexecution ?

    a. No, only the premises of a diplomatic mission, such as an embassy, are inviolate

    b. No, only the person of a diplomatic agent shall be inviolable

    c. Yes

    d. Both A and B

    122. Are diplomats immune from prosecution?

    a. Yes

    b. No, only the sending country may waive such a right

    c. No, they are only immune from criminal prosecution

    d. No, initiation of proceedings by the diplomat himself can open him to counterclaims

    e. All of the above

    123. In which cases is use of force allowed?

    a. Pre-emptive self-defence

    b. Self-defense if an armed attack occurs against a state

    c. Humanitarian intervention upon authorization by the UN Security Council

    d. UN GA resolution authorizing the use of force

    e. All of the above

    124. What remedies can a one avail for breach of an international obligation by a state?

    a. Reparation

    b. Restitution

    c. Compensation

    d. Satisfaction

    125. What is the area covered by the contiguous zone?

    a. 0-12 nautical miles

    b. 12-24 nautical miles

    c. 24-200 nautical miles

    d. 12-200 nautical miles

    126. Distinguish war crimes and crimes against humanity

    a. War crimes do not include rape as an offense while crimes against humanity explicitly includes rape

    b. War crimes are committed only during an armed conflict while crimes against humanity can only becommitted in peacetime

    c. War crimes are tried in the ICC while crimes against humanity tried in the ICJ

    d. War crimes can be committed in a single instance while crimes against humanity must be systematicand widespread

    127. The President of Republic X seized one of the power plants of Dell Power Corp. so he can ensureuninterrupted power supply to his seven ranches. The plant was then operated and controlled by ElPresidente Company and Dell Power was not paid just compensation. After 20 years, Dell PowerCorp. won in a suit for damages. How should the amount of reparation be computed?

    a. The logistical value of the property at the time of the taking only.

    b. The logistical value of the property at the time the suit is filed.

    c. The logistical value of the property taken at the time of the taking, including loss of profits.

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    d. The logistical value of the property at the time the suit is filed, including loss of profits from the timethe property was taken.

    128. According to the Montevideo Convention, the state as a person of international law should possesthe following qualifications:

    a. A permanent population, a defined territory, a government, and the capacity to enter into relationswith other states.

    b. A permanent population, a permanent territory, a government, a Constitution, and the capacity toenter into relations with other states.

    c. A permanent population, a permanent territory, a government, and the capacity to enter into relationswith other states.

    d. A permanent population, a defined territory, a government, and recognition by other states.

    129. Who may be parties in ICJ cases?

    a. States only.

    b. States and International Organizations recognized by the United Nations.

    c. States and International Organizations, as long as all parties submit to the jurisdiction of the court ina written contract.

    d. States, International Organizations, and Corporations as long as all parties submit to the jurisdictionof the court in a written contract.

    130. In 1950, the colonial powers of China and Taiwan entered into a 50-year treaty delimiting thefrontiers of their respective colonized states in North America. In 2010, their respective colonizedstates, America and Canada, became independent. How should the new independent states delimittheir boundaries?

    a. America and Canada should enter into a new treaty as the 1950 treaty has already expired.

    b. A new treaty should be signed by the successor states according to the uti possidetis juris principle.

    c. The successor states should respect the colonial boundaries according to the uti possidetis jurisprinciple.

    d. The successor states have an imperfect title to their respective lands according to the old colonialboundaries and a new treaty must be entered into to ratify such delimitations.

    131. 250 miles, sitting on the continental shelf of Country Y is the sunken ship Black Pearl, perfectlypreserved and probably containing the priceless jewelries from the exploits of the famous pirate.

    a. Country Y has exclusive claim over the Black Pearl because it is within its Exclusive Economic Zoneaccording to UNCLOS.

    b. Country Y has exclusive claim over the Black Pearl because it has the right to explore and exploit itscontinental shelf.

    c. Country Y cannot claim exclusive rights to the Black Pearl because it is outside the ExclusiveEconomic Zone.

    d. Country Y cannot claim exclusive rights to the Black Pearl because the continental shelf isconsidered an island according to UNCLOS.

    132. Which among the choices is not a ground for a warship to board a foreign ship in the high seas?

    a. Suspicion that the foreign ship is engaged in slave trade.

    b. Reasonable suspicion that the foreign ship is engaged in piracy.

    c. The foreign ship is flying the wrong flag.

    d. The ship is without nationality.

    133. The status of a treaty, at the time of its conclusion, which conflicts with a peremptory norm is:

    a. Valid

    b. Without force or effect

    c. Void

    d. Voidable

    134. The following are sources of international law, except:

    a. Philippine Supreme Court decisions

    b. Treaties

    c. International Conventions

    d. General principles of law

    135. A. Unilateral declarations by a State, if given publicly, and with an intent to be bound mayhave the character of a legal undertaking.

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    B. Unilateral declarations must be done within the context of international negotiations anddone in good faith for them to have binding effect.

    a. Only statement A is true.

    b. Only statement B is true.

    c. Both are true.

    d. Both are false.

    136. A. Public officials can be held personally accountable for acts claimed to have beenperformed in connection with official duties where they have acted ultra vires or where there is showingof bad faith.

    B. The state impleaded as defendant in a suit for damages cannot claim sovereign immunitywhen the cause of action is based on official torture.

    a. Only statement A is true.

    b. Only statement B is true.

    c. Both are true.

    d. Both are false.

    137. The following statements regarding Art. 38, ICJ Statute (The Court x x x shall apply: (a)international conventions, (b) international customs, (c) general principles of law, (d) judicial decisionsand teachings of the most highly qualified publicists x x x) are true except for:

    a. It states the sources of international law

    b. There is a hierarchy in applying (a)-(d)

    c. (a), (b), (c), (d) are not mutually exclusive

    d. All True

    138. The elements of customary international norm are the following except for:

    a. Opinion juris

    b. Generality of practice

    c. Uniformity of state practice

    d. Considerable period of time

    139. Under the Montevideo Convention, a state as a person of international law must possess thefollowing qualifications except for:

    a. Permanent population

    b. Defined territory

    c. Independence and sovereignty

    d. Government

    e. Capacity to enter into relations with other states

    140. The following are doctrines enunciated in the Las Plamas case except for:

    a. Discovery per se is insufficient, there must be effective occupation

    b. Uti Possidetis Juris

    c. Use of critical date

    d. Application of inter-temporal law

    141. Choose the false statement

    a. The life of a boundary established is the same as the treatys, and the expiration of the latter willcause the inapplicability of the boundary formerly set

    b. Terra nullius can be acquired by occupation

    c. Physical occupation is not necessary and open declaration is sufficient for uninhabited places

    d. Physical occupation is not required where taking of possession and intent to possess is shown inpublic declaration of sovereignty

    142. The following are guidelines in using straight baselines except for:

    a. Drawing of straight baselines must not depart to any appreciable extent from the general direction ofthe coast

    b. Sea areas lying within the lines must be sufficiently closely linked to the land domain subject to theregime of internal waters

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    c. Baselines shall be drawn to and from low-tide elevations

    d. Take account of economic interests peculiar to the region concerned as evidence by long usage

    143. In transit passage, the bordering states have the following duties except for:

    a. Not to impede the right to transit passage

    b. Provide authorization to conduct research and survey activities upon request of the foreign vessel

    c. Not to suspend the transit passage

    d. Provide appropriate publicity to any danger to navigation or overflight

    144. Requisites in incurring state responsibility except:

    a. Breach of treaty

    b. Breach of customary international law

    c. Attributable to the State

    d. Negligence or intention to breach an international obligation

    145. Choose the statement that is false

    a. A treaty should be in written form

    b. A treaty is entered into by sovereign states

    c. A treaty may be entered into by International Organizations

    d. A treaty must be governed by international law

    146. Which is not a legal dispute as enumerated in Art. 36 of the ICJ Statute defining the Courtsjurisdiction

    a. Interpretation of a treaty

    b. Question of international law

    c. Nature or extent of reparation for the breach of an international obligation

    d. None of the above

    147. Kuroda v Jalandoni involved:

    a. War crimes

    b. UNCLOS

    c. Sovereign Immunities

    d. Jurisdiction

    148. Yamashita v Styer doctrine involved:

    a. War crimes

    b. UNCLOS

    c. Jurisdiction

    d. None of the above

    149. Nicaragua v US involves:

    a. Collective Self Defense

    b. Equidistance Principle

    c. Border dispute

    d. None of the above

    150. Chorzow Factor case involves:

    a. Obligation to make reparation

    b. Diplomatic Immunity

    c. Continental Shelf

    d. None of the above

    151. Libya v Chad involved:

    a. Treaty of Friendship and Good Neighborliness

    b. Theory of auto imitation

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    c. All of the above

    d. None of the above

    152. The state as a person of International Law should possess the following qualifications:

    a. Permanent population

    b. Defined territory

    c. Government and capacity to enter into relations with other states

    d. All of the above

    153. Preah Vihear Temple Case involves:

    a. Taxation

    b. Compensation and Reparation

    c. Estoppel

    d. Archipelagic Baselines

    154. US v Iran involves:

    a. UNCLOS

    b. State Attribution

    c. Mandates System

    d. Duty to render assistance

    155. Paquete Havana involves:

    a. Fishing vessels

    b. Nuclear Weapons

    c. DEA Agents

    d. Treaty of Munster

    156. Machain was a:

    a. DEA Agent

    b. doctor

    c. Mexican hired by the US government

    d. Consular official

    157. Sosa was a :

    a. Mexican hired by the US government

    b. Fisherman

    c. Captain of the Paquete Havana

    d. None of the above

    158. The Island of Palmas case involved:

    a. Constructive Possession

    b. Treaty of Munster

    c. Territorial Sovereignty

    d. All of the above

    159. Saudi Arabia v Aramco involved:

    a. Restitutio in integrum

    b. Act of State Doctrine

    c. Effective Occupation

    d. Constructive Possession

    160. Res Communis consists of:

    a. High Seas

    b. Outer Space

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    c. Both a & b

    d. None of the above

    161. North Sea Continental Shelf Case discussed:

    a. Equidistance Principle

    b. Act of State Doctrine

    c. Collective Self Defense

    d. None of the above

    162. How do we know a norm has become customary?

    a. State Practice

    b. Opinio Juris

    c. Acquiescence

    d. Both a & b

    163. Asylum Case involved:

    a. A political refugee

    b. Infringement case

    c. State Tort

    d. Torture

    164. Who is a refugee?

    a. All victims of war crimes

    b. A person who has to leave his home to avoid prosecution or armed conflict

    c. All victims of genocide

    d. None of the above

    165. What is the basis of International Law?

    a. Natural Law

    b. Consent

    c. Reciprocity

    d. All of the above

    166. What are elements of custom?

    a. Duration

    b. Uniformity of Practice

    c. Generality of Practice

    d. All of the above

    167. In the case concerning US Diplomatic and Consular Staff in Tehran (USA v Iran), which of thefollowing statements is false?

    a. The Iranian Government in this case did not file any pleadings and did not appear before the Court.By its own choice, therefore, it has foregone the opportunities offered to it under the Statute and Rulesof Court to submit evidence and arguments in support of its contention.

    b. Iran is a party under the Vienna Conventions of 1961 on Diplomatic Relations and of 1963 onConsular Relations. The US is a party only to the Vienna Conventions of 1961 on Diplomatic Relations.

    c. The general declarations of the Ayatollah Khomeini do not amount to an authorization from the Stateto undertake the specific operation of invading and seizing the US Embassy.

    d. Iran, by committing successive and continuing breaches of the obligations laid upon it by the ViennaConventions of 1961 and 1963, has incurred responsibility towards the US, and consequently, has theobligation to make reparation for the injury thereby caused.

    168. Which of the following is correct?

    a. An extradition proceeding is a criminal proceeding.

    b. The accused is entitled to notice and hearing before the issuance of a warrant of arrest.

    c. The accused is entitled to bail.

    d. There is no customary obligation to extradite without a treaty of extradition.

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    169. Which of the following is incorrect? Under the Vienna Convention on the Law on Treaties, unlessthe treaty otherwise provides, instruments of ratification, acceptance, approval or accession establishthe consent of a State to be bound by a treaty upon:

    a. Their exchange between the contracting States

    b. Their deposit with the depositary

    c. Their notification to the contracting States or to the depositary

    d. None of the above

    170. Which of the following is false? Under the Vienna Convention on Diplomatic Relations,

    a. Members of the diplomatic staff of the mission should be a citizen of the sending State

    b. Members of the diplomatic staff of the mission may not be appointed from among persons havingnationality of the receiving State

    c. The receiving State may reserve the same right with regard to nationals of a third State who are notalso nationals of the sending State.

    d. All of the above

    171. In the Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua vUSA), which of the following statements is correct?

    a. The Court held that El Salvador would not be affected by the decision that the Court would have totake on the claims of Nicaragua.

    b. The US has not committed a violation of the principle of the non-use of force by arming and trainingthe contras because it was justified as an exercise of the right of self-defence.

    c. Military maneuvers held by the United States near the Nicaraguan borders, or the supply of funds tothe contras, do not amount to a use of force.

    d. The principles against use of force in the UN Charter cannot be applied in this case because of themultilateral treaty reservation of the US.

    172. Which of the following is correct? Under the UN Charter, the parties to any dispute shall, first of all,seek a solution by:

    a. Negotiation

    b. Judicial Settlements

    c. Enquiry

    d. All of the above

    173. Under the provisions on the General Assembly (Chapter V) of the UN Charter,

    a. Each member shall have not more than three representatives in the General Assembly.

    b. The General Assembly cannot discuss questions relating to the maintenance of international peaceand security brought before it by a state which is not a Member of the United Nations.

    c. While the Security Council is exercising in respect of any dispute or situation the f unctions assignedto it in the Charter, the General Assembly shall not make any recommendation with regard to thatdispute or situation.

    d. Decisions on the determination of additional categories of questions to be decided by a two-thirdsmajority, shall be made by a two-thirds majority of the members present and voting.

    174. Which of the following is correct? Under the United Nations Convention on the Law of the Sea,

    a. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in thecase of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as theterritorial sea.

    b. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.

    c. The sovereignty over the territorial sea is exercised subject to other rules of international law.

    All of the above.

    175. Choose the incorrect statement.

    a. Roadsteads which are normally used for the loading, unloading and anchoring of ships, and whichwould otherwise be situated wholly or partly outside the outer limit of the territorial sea, are not includedin the territorial sea.

    b. A bay is a well-marked indentation whose penetration is in such proportion to the width of its mouthas to contain land-locked waters and constitute more than a mere curvature of the coast.

    c. Waters on the landward side of the baseline of the territorial sea form part of the internal waters ofthe State

    d. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at lowtide but submerged at high tide.

    176. Ships of all States, whether coastal or land-locked, enjoy the right o f innocent passage through theterritorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security ofthe coastal State. Passage of a foreign ship shall be considered to be prejudicial to the peace, good

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    order or security of the coastal State if in the territorial sea it engages in any of the following activities,except:

    a. Any exercise or practice with weapons of any kind

    b. The carrying out of research or survey activities

    c. Any fishing activities

    d. None of the above

    177. Which of the following is an accurate description of the relationship between treaty law andcustomary law?a. Treaty law is superior than customary law (Art 38 of the ICJ Statute).

    b. Customary law operates independently of treaty law.

    c. In case of overlaps, treaty law always prevails over customary law.

    178. The following are correct statements on binding nature of treaties except:a. Treaty binds all if merely codifies a customary norm.b. Treaty expressly made to bind a third party is effected upon signing of said non-party.c. Treaty binds non-signatory who is granted some rights under it upon its assent.

    179. After signing of X treaty by Country As representative, it was submitted to DFA which in turn dulyendorsed it to the President NN YING. President NN YING now a. can issue an executive order declaring the treaty as being entered into Force pursuant to RomeStatute on Treaties;b. should issue a transmittal to the Senate pursuant to EO 459, who is vested with the power to ratify, inwhich failure to do so may be remedied/compelled thru Mandamusc. can ratify the treaty, subject to the concurrence of the Senate as explained in case of Pimentel vEnrile

    180. Country UofA signs the Privacy Treaty which seeks to impose stricter rules and regulations ininternational data flows such as telemarketing, world wide web. It, however, made a reservation as tothe stringent rules on data collection in transborder data flow, arguing that it needs to monitor them byreason of its global fight against terrorism. The reservation is a. Valid, since said objective cannot be faithfully complied with by Country UofA due to justifiableground as statedb. Invalid, since the reservation contravenes the purpose of the treatyc. Invalid, since majority of other State parties have objected in the said reservation

    181. Odd man out.a. Nuncios accredited to Heads of Stateb. Ambassadorsc. Internuncios accredited to Heads of State

    182. Odd man out.a. Consul.

    b. Diplomatic Staff.

    c. Household Staff.

    183. Consul Sul was involved in a vehicular accident. Due to divine intervention and extraordinaryfeelings of compassion for the victim, he went to court and submitted to the courts jurisdiction in thecase for recovery. Later on, after the victim has obtained a favorable ruling, Consul Sul found out thatthe accident was just a ploy to extort money from him by the supposed victim.a. Consul can argue that the sending states express waiver of the immunity vested to him is necessaryfor recovery.b. Consul can prevent enforcement despite express waiver of immunity from the civil case, as long ashe does not expressly waive his immunity from enforcement.c. Consul can now deny the jurisdiction of the court over his person as his immunity from suit can neverbe waived

    184. Choose the correct statement on ICJ.a. ICJ can exercise jurisdiction over a claim based on customary law despite refusal of a state to giveits consent to submit to its jurisdiction.

    b. ICJ automatically acquires jurisdiction over cases involving erga omnes rights.c. ICJ decisions can be given stare decisis application but only in cases involving the same parties.

    185. UN GA requested for an advisory opinion regarding validity of treaty between Germany,France,and Vatican City,which is a not a member of UN. Which of the following statements is correct?a. The ICJ cannot act on the request as there is a non-member state involved.

    b. The ICJ can act on the request only upon the consent of Vatican City, after having been invited to

    accept membership for purpose of such dispute.

    c. The ICJ cannot act as there is no genuine dispute since UN GA is not a real party to the subject

    matter involved.

    186. UNGA requests for an advisory opinion on whether or not expenses incurred in a PeacekeepingOperationin the Country Koorganized by the GA can be defrayed by the member states. As a student ofProf Roque in PIL, you know this case from Certain Expenses of the UN wherein the court held that:a. Only those costs of peacekeeping operations approved by the Security Council can be defrayed bythe member states.b. The UNGA is still the primary organ mandated to conduct operations for the maintenance ofinternational security, and hence, the subject operation can be defrayed by the member states.c. Expenses that can be defrayed by member states are all amounts paid out to cover costs of carryingout the purposes of UN.

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