Tuesday, January 24, 2012

exam covering the U.N.


Instructions: This multiple choice type containing 50 items. Choose the BEST answer and write the letter of your choice in the given answer sheet. You only answer once. No correction or erasure is allowed.
1. Which of the following is not an objective of the United Nations? (a) prevention and removal of threats of peace (b) suppression of acts of aggression (c) to develop friendly relations among nations (d) to be a center for harmonizing the actions of nations (e) to use war as an instrument of peace (e) to prosecute heads of states who violate international humanitarian laws.
2. The UNITED NATIONS --- (a) is based on the principle of the sovereign equality of all its Members (b) sits in the Hague Netherlands (c) is authorized to intervene in matters which are essentially within the domestic jurisdiction of any state (d) shall require the Members to submit such matters to settlement under the present Charter (e) shall ensure that states which are not Members of the United Nations act in accordance with customs so far as may be necessary for the maintenance of international peace and security.
3. Which of the following is false concerning the membership of a state to the United Nations? (a) state (b) peace-loving (c) accept the obligations contained in the UN Charter (d) willing to carry out the principles international law (e) upon a decision of the Security Council.
4. Which of the following a cardinal principle of the UN? (a) All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter (b) All Members may in their international relations use threat or force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations (C) The Organization shall ensure that states which are NOT Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security (D) the United Nations cannot intervene in matters which are essentially within the domestic jurisdiction of any state (E) the UN cannot require the Members to submit such matters to settlement under the present Charter;
5. Which of the following is not within the jurisdiction of the ICC? (A) the crime of genocide (b) the crimes against humanity (c) disputes arising from treaty interpretations (d) crime of aggression (e) murder
6.Which of the following is NOT considered as genocide? (a) imposing measures intended to prevent births within the group (b) killing members of the group (c) Deportation or forcible transfer of population (d) ) Forcibly transferring children of the group to another group (e) Causing serious bodily or mental harm to members of the group.
7. Crimes against humanity is defined as acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. Which of the following is an example of crimes against humanity?
(a) genocide
(b) aggression
(c) enslavement
(d) ) Killing members of the group
(e) war crimes
8. Which of the following is not considered as a crime against humanity?
(a) Torture
(b) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization
(c) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender
(d) Forcibly transferring children of the group to another group
(e) The crime of apartheid

9. The jurisdiction of the ICC is “ ratione temporis”. This means that (a) its jurisdiction is temporary or optional (b) its jurisdiction attaches only with respect to crimes committed after becoming a state party (c) jurisdiction attaches even to non-member states (d) that a state may accept jurisdiction and waive immunity (e) that the Court has jurisdiction only with respect to crimes committed after the entry of force of the Rome Statute.
10.Articel 20 of the Rome statute speaks about “Ne Bis in Idem”. This means that (a) no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court (b) No person shall be tried by another court for a crime for which that person has already been convicted or acquitted by the Court(c) no person shall be put twice in jeopardy for the same offence (d) all of the above (e) none of the above.
11.The International Criminal Court shall use what applicable law? (a) the Rome Statute (b) treaties (b) international law of armed conflict (c) national laws of states (d) apply principles and rules of law as interpreted in its previous decisions (e) all of the above.
12. Under the Rome Statute, the principle of nullum crimen sine lege is defined. Which of the following is not a definition of said principle? (a) A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court (b) A person shall be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of its national law (c) The definition of a crime shall be strictly construed and shall not be extended by analogy. (d) In case of ambiguity, the definition shall be interpreted in favor of the person being investigated, prosecuted or convicted (e)A person convicted by the Court may be punished only in accordance with this Statute.

13.Which principle states that “In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply” ? (a) Nulla poena sine lege (b) Nullum crimen sine lege (c) Non-retroactivity ratione personae (d) Individual criminal responsibility (e) ratione temporis
14. Under the ICC, the principle is that “The Court shall have jurisdiction over natural persons pursuant to this Statute”. Which of the following principles support this tenet? (a) Nulla poena sine lege (b) Nullum crimen sine lege (c)Non-retroactivity ratione personae (d) Individual criminal responsibility (e) ratione temporis.
15. Which of the following best describes as to what “SOFT LAW” is? (a) non-binding norm (b) it can influence state behavior (c) the UN Declaration of Human Rights (d) none of the above (e) all of the above.
16. The Philippines adopts the generally accepted principles of international law as part of the law of the land. Which statement is NOT correct? (a) this is a statement of the doctrine of transformation (b) the doctrine of Incorporation is illustrated (c) we are bound by the treaty (d) we adopt pacta sunt servanda (e) we support the UN Charter.
17.Under public international law, what statement below is correct with respect to the right to bail? (a) in quarantine cases bail is not available (b) bail can be granted in extradition cases (c) bail can be granted in deportation cases where the accused is detained (d) none of the above (e) all of the above.
18.Which statement is correct with respect to an extradition case? The standard of proof in extradition cases (i.e. whether to grant it or not) is (a) proof beyond reasonable doubt (b) preponderance of evidence (c) clear and convincing evidence (d) substantial evidence (e) none of the above since extradition proceeding is sui generis.
19. Which statement is NOT correct with respect to extradition? (a) it is created by a treaty (b) it demands the surrender of one accused of a crime (c) it is a punishment for a crime (d) it is a trial not to determine the guilt of the accused (e) it is merely basically administrative in character.
20. Which of the following is not a peremptory norm ? (a) jus cogen (b) compelling law (c) an international law principle (d) customary law (e) treaty
21. Which of the following is an example of jus cogens? (a) non-refoulement (b) extraterritoriality (c) anti-slavery norms (d) none of the above (e) all of the above.
22. It is defined as under international law as "a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast ---- (a) territorial sea (b) contiguous zone (c) exclusive economic zone (d) bay (e) continental shelf.
23. Which describes correctly our internal waters? (a) Waters landward of the baseline (b) the state has completed jurisdiction (c) archipelagic waters (d) none of the above (e) all of the above.
24. Which is correct about our territorial sea? (a) 12 km (b) 12 nautical miles (c) 44 km (d) 12 miles (e) 200 nautical miles -- from the baseline.
25. It is defined as a band of water extending from the outer edge of the territorial sea to up to twenty four nautical miles (44 km; 28 mi) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea".---- (a) Territorial sea (b) internal waters (c) contiguous zone (d) exclusive economic zone (e) continental shelf.
26. Which is NOT correct concerning the exclusive economic zone? (a) it extends to a maximum of 200 km from the territorial sea baseline (b) it includes the contiguous zone (c) all economic resources are controlled by a state within this zone (d) it is a coastal nation’s territorial waters (e) all of the above.
27. It extends out to the outer edge but at least 200 nautical miles (370 km; 230 mi) from the baselines of the territorial sea if the continental margin does not stretch that far. It does not stretch beyond 350 nautical miles (650 km; 400 mi) of the baseline, or beyond 100 nautical miles (190 km; 120 mi) from the 2,500 metres (8,200 ft) isobath, which is a line connecting the depths of the seabed at 2,500 meters. (a) Territorial sea (b) internal waters (c) contiguous zone (d) exclusive economic zone (e) continental shelf.
28. On a more positive note, also after World War II, both international organizations and states gave recognition and importance to human rights. Thus, on December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights in which the right to life, liberty and all the other fundamental rights of every person were proclaimed. Which of the following is NOT true concerning the UNIVERSAL DECLARATION OF HUMAN RIGHTS? (A) it is a treaty signed by states (B) the principles contained in the said Declaration are now recognized as customarily binding upon the members of the international community (C) it is a soft law (d) on December 10, 1948, the United Nations General Assembly adopted it (e) it forms part of the law of our land.
29. Which is NOT true about the International Court of Justice? (a) Only states can be parties to a suit before it (b) it can render advisory opinions (c) it is bound by precedents (d) its jurisdiction is optional on the part of the states (e) it uses customary law in deciding cases.
30. Which of the following are the so called trends in international law which our country cannot ignore? (a) the growing importance of the individual person in public international law who, in the 20th century, has gradually attained global recognition; (b) the higher value now being given to human rights in the international sphere; (c) the corresponding duty of countries to observe these universal human rights in fulfilling their treaty obligations; and (d) the duty of this Court to balance the rights of the individual under our fundamental law, on one hand, and the law on extradition, on the other (e) the acceptable subjects of international law are still states and entities which are given international personalities.
31. Which of the following is NOT correct concerning the Warsaw Convention? Plaintiff can bring an action for damages concerning airline violations at his option in (a) the court of any place where the carrier is operating (b) in the court of the domicile of the carrier (c) in the court where the carrier has its principal place of business (d) the court where the carrier has an establishment by which the contract has been made (e) the court of the place of destination.
32. After the expiration in 1991 of the Agreement between the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except (a) under a treaty duly concurred in by the Senate (b) the treaty must be ratified by a majority of the votes cast by the people in a national referendum held for that purpose (c) the treaty must be recognized as a treaty by the other contracting State (d) only a and b (e) all of the above.
33.Which of the following is not correct concerning the Visiting Forces Agreement? (a) it was duly concurred in by the Philippine Senate and has been recognized as a treaty by the United States as attested and certified by the duly authorized representative of the United States government (b) The fact that the VFA was not submitted for advice and consent of the United States Senate detracts it from its status as a binding international agreement or treaty recognized by the said State. (c) as an implementing agreement of the RP-US Mutual Defense Treaty, it was not necessary to submit the VFA to the US Senate for advice and consent, but merely to the US Congress under the Case–Zablocki Act within 60 days of its ratification (d) the US has certified that it recognizes the VFA as a binding international agreement, i.e., a treaty, and this substantially complies with the requirements of Art. XVIII, Sec. 25 of our Constitution (e) The provision of Art. XVIII, Sec. 25 of the Constitution, is complied with by virtue of the fact that the presence of the US Armed Forces through the VFA is a presence "allowed under" the RP-US Mutual Defense Treaty.
34 Which of the following is a “sole executive agreement” within the American system of treaties? (a) These are advised and consented to by the US Senate in accordance with Art. II, Sec. 2 of the US Constitution (b) These are joint agreements of the President and Congress and need not be submitted to the Senate (c) These are agreements entered into by the President which are submitted to Congress within sixty (60) days of ratification under the provisions of the Case-Zablocki Act, after which they are recognized by the Congress and may be implemented (d) all of the above (e) none of the above.
35. Which word describes the holding that “ treaties entered into by the United States are not automatically part of their domestic law unless these treaties are self-executing or there is an implementing legislation to make them enforceable”--- (a) Medellin (b) Zablocki (c) Martens (d) Kenney (e) Roerich.
36. Which is NOT correct concerning the interpretation of treaties? (a) A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose (b) The state cannot take into account, together with the context any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions (c)the state can take into account any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the party (d) all of the above (e) none of the above.
37.Which of the following statements is erroneous? (a) the fact that international law has been made part of the law of the land does not by any means imply the primacy of international law over national law in the municipal sphere (b) From the perspective of public international law, a treaty is favored over municipal law pursuant to the principle of pacta sunt servanda (c) a party to a treaty is allowed to "invoke the provisions of its internal law as justification for its failure to perform a treaty (d) the provisions of a treaty are always subject to qualification or amendment by a subsequent law, or that it is subject to the police power of the State (e) Under the doctrine of incorporation as applied in most countries, rules of international law are given a standing equal, not superior, to national legislation.
38.The case of Gonzales v. Hechanova ruled that (a) Under the doctrine of incorporation as applied in most countries, rules of international law are given a standing equal, not superior, to national legislation(b) the fact that international law has been made part of the law of the land does not by any means imply the primacy of international law over national law in the municipal sphere (c) From the perspective of public international law, a treaty is favored over municipal law pursuant to the principle of pacta sunt servanda (d) a party to a treaty is allowed to "invoke the provisions of its internal law as justification for its failure to perform a treaty (e) our Constitution authorizes the nullification of a treaty, not only when it conflicts with the fundamental law, but, also, when it runs counter to an act of Congress.
39. Which of the following may not be considered an en banc case of the Supreme Court (a). Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, executive order, or presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;(b) Criminal cases in which the appealed decision imposes the death penalty;(c) Cases raising novel questions of law;(d). Cases affecting ambassadors or other public ministers(e) cases affecting consuls.
40. IT is defined as a record of a routine agreement that has many similarities with the private law contract. The agreement consists two documents, each of the parties being in the possession of the one signed by the representative of the other. Under the usual procedure, the accepting State repeats the text of the offering State to record its assent. The signatories of the letters may be government Ministers, diplomats or departmental heads. It is frequently resorted to, either because of its speedy procedure, or, sometimes, to avoid the process of legislative approval. ----(a) treaty (b) protocol (c) exchange of notes (d) bilateral treaty (e) executive agreement.
41. It is defined as "an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation-------- (a) treaty (b) protocol (c) exchange of notes (d) bilateral treaty (e) executive agreement.
42. Which is NOT true concerning treaties and executive agreements? (a) Under international law, there is a big difference between treaties and executive agreements in terms of their binding effects on the contracting states concerned (b) executive agreements are similar to treaties, except that they do not require legislative concurrence and are usually less formal and deal with a narrower range of subject matters than treaties (c) a treaty has greater "dignity" than an executive agreement, because its constitutional efficacy is beyond doubt, a treaty having behind it the authority of the President(d) a ratified treaty, unlike an executive agreement, takes precedence over any prior statutory enactment (e) International agreements may be in the form of treaties that require legislative concurrence after executive ratification.
43. The President of the International Court of Justice as of date is (a) Sang-yun Song (b) Sang-Hyun Sang (c) Sang-Hyun Song (d) Ban Ki Moon (e) Jorge Lomanaco .
44.Concerning the ICC, what is the meaning of “primary jurisdiction”? (a) it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes."(b) it is the duty of the ICC to exercise its criminal jurisdiction over those responsible for international crimes (C) the state waives jurisdiction over international law war crime violators in favor of the ICC (D) It is the duty of the state to arrest a person who commits crimes against humanity (e) when a person is tried by the ICC, the municipal court must give way to said trial.
45. Which of the following is not correct? (a)By their nature, treaties cannot have a limiting effect on the otherwise encompassing and absolute nature of sovereignty. (b) By their voluntary act, nations may decide to surrender or waive some aspects of their state power or agree to limit the exercise of their otherwise exclusive and absolute jurisdiction. (c)The usual underlying consideration in this partial surrender may be the greater benefits derived from a pact or a reciprocal undertaking of one contracting party to grant the same privileges or immunities to the other. (d) On the rationale that the Philippines has adopted the generally accepted principles of international law as part of the law of the land, a portion of sovereignty may be waived without violating the Constitution (e) Such waiver does not amount to an unconstitutional diminution or deprivation of jurisdiction of Philippine courts.
46. Which of the following is NOT correct? (a) under international law there is a considerable difference between a State-Party and a signatory to a treaty (b) Under the Vienna Convention on the Law of Treaties, a signatory state is only obliged to refrain from acts which would defeat the object and purpose of a treaty (c) a State-Party is legally obliged to follow all the provisions of a treaty in good faith (d) the Philippines is only a signatory to the Rome Statute and not a State-Party for lack of ratification by the Senate (e) Any argument obliging a signatory to the Rome Statute to follow any provision in the treaty would be premature.
47. The state of X is a state party to the International Criminal Court. State Y is not a signatory to the ICC. State X and Y entered an agreement which states that when a citizen of X commits a crime under the jurisdiction of the ICC in the state of Y, state Y must surrender the person to the state of X and not to the ICC. Which of the following statements is correct? (a) the agreement is invalid as it is contrary to the ICC mandate (b) the agreement is valid since X has primary jurisdiction over said person as he is his citizen (c) the agreement is pursuant to the provisions of the ICC (d) the agreement is valid, as the ICC can also waive jurisdiction over said person (e) the agreement is valid since jurisdiction over the ICC is optional.
48. The Ampatuan massacre can be considered as a crime against humanity. Which of the following is correct? (a) The case can be filed before the ICC (B) The Philippine court may waive jurisdiction over said case in favor of the ICC (C) The ICC cannot have jurisdiction because of the principle of ratione temporis (d) the case must be filed before the ICC so that a fair and expeditious trial can be had (e) The ICC does not have jurisdiction because the Philippines is not yet a signatory to the ICC when the crime was committed.
49. Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 1864 is contained in what Geneva Convention? (a) First (b) Second (c) Third (d) Fourth (e) Fifth.
50. “Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience” ---- is actually the (a) Martin’s clause (b) Marten’s clause (c) Roerich’s Pact (d) preamble of the 1899 Hague Convention I (e) Porter Clause
END OF THE EXAMINATION

51. The Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 1906, is contained in what Geneva Convention? (a) First (b) Second (c) Third (d) Fourth (e) Fifth.
52. The Treatment of Prisoners of War, 1929 is contained in what Geneva Convention? (a) First (b) Second (c) Third (d) Fourth (e) Fifth.
53. Protocol I of the 1949 Geneva Convention deals with (a) Protection of Civilians in Non-international conflict (b) Protection of Victims of International Armed Conflicts (c) Adoption of an Additional Distinctive Emblem (d) Treatment of Prisoners of War, 1929 (e) Protection of Victims of International Armed Conflicts

54. Mr. Verstuyf is the head of the World Health Organization. He arrives in the Philippines brining with him a number of baggages which is suspected by the Philippine Intelligence to contain contraband. Which of the following statements is correct? (a) as he is engaged in unlawful acts, his baggages can be searched (b) he cannot be searched because he enjoys immunity from search (c) he can be searched because he violated the Vienna Convention on Diplomatic Relations (d) he can be searched through a search warrant that a Judge issues (e) he cannot invoke his immunity as he is suspected of bringing contraband to our country.

55. Which is NOT true about the International Court of Justice? (a) Only states can be parties to a suit before it (b) it can render advisory opinions (c) it is bound by precedents (d) its jurisdiction is optional on the part of the states (e) it uses customary law in deciding cases.
56. Which of the following statements is NOT correct concerning the Security Council? (a) The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first in- stance to the contribution of Members of the United Nations to the maintenance of inter- national peace and security and to the other purposes of the Organization, and also to equitable geographical distribution (b) The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist , the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council (c) The non-permanent members of the Security Council shall be elected for a term of two years (d) A retiring member shall not be eligible for immediate re-election. (e) Each member of the Security Council shall have two representatives.
Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)