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.
To become a member of the United Nations, one must be (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
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 wrong 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.
18. When we say that extradition is
sui generis, we actually mean that (a) it is not administrative (b) it could be
criminal in nature (c) it is a class in itself
(d) not civil in nature (e) none of the above.
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 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.
30. 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.
31. 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.
32.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.
33. 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.
34. 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.
35. 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.
36.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.
37.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.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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 .
43.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.
44. 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.
45. 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.
46. 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.
47. 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.
48.
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.
49. “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
50. 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.
51.
The Treatment of Prisoners of War, 1929 is contained in what Geneva Convention?
(a) First (b) Second (c) Third (d) Fourth (e)
Fifth.
52. 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
53. 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.
54.
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.
55. 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.
56. Which of the following is
considered as an enforcement action of the Security Council? (A) complete interruption
of economic relations (B) partial
interruption of economic relations (C) interruption of rail, sea, air, postal, telegraphic, radio,
and other means of communication (d) the severance of diplomatic relations (e) demonstrations and blockade.
