Sunday, March 29, 2015

1.What is the legal effect of decisions of the International Court of Justice in cases submitted to it for resolution? (1%)

(A) The decision is binding on other countries in similar situations.
(B) The decision is not binding on any country, even the countries that are parties to the case.
(C) The decision is binding only on the parties but only with respect to that particular case.
(D) The decision is not binding on the parties and is only advisory.
(E) The binding effect on the parties depends on their submission agreement.

2. Under the UN Convention on the Law of the Sea, the exclusive economic zone refers to an area. (1%)
(A) that is at least 100 miles from the baselines from which the outer limit of the territorial sea is measured
(B) that is at least 200 miles but not to exceed 300 miles from the baselines from which the outer limit of the territorial sea is measured
(C) beyond and adjacent to a country's territorial sea which cannot go beyond 200 nautical miles from the baselines from which the outer limit of the territorial sea is measured
(D) that can go beyond 3 nautical miles but cannot extend 300 nautical miles from the baselines from which the outer limit of the territorial sea is measured
(E) None of the above.

3. The President entered into an executive agreement with Vietnam for the supply to the Philippines of animal feeds not to exceed 40,000 tons in any one year. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries. Is the challenge correct? (1%)
(A) Yes, the executive agreement is contrary to an existing domestic law.
(B) No, the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land.
(C) No, international agreements are sui generis and stand independently of our domestic laws.
(D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate.
(E) Yes, the challenge is correct because there is no law empowering the President to undertake the importation.

4. Congress passed Republic Act No. 7711 to comply with the United Nations Convention on the Law of the Sea.In a petition filed with the Supreme Court, Anak Ti Ilocos, an association of Ilocano professionals, argued that Republic Act No. 7711discarded the definition of the Philippine territory under the Treaty of Paris and in related treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine Archipelagic baselines; and converted internal waters into archipelagic waters.
Is the petition meritorious? (6%)

5. The Ambassador of the Republic of Kafiristan referred to you for handling, the case of the Embassy's Maintenance Agreement with CBM, a private domestic company engaged in maintenance work. The Agreement binds CBM, for a defined fee, to maintain the Embassy's elevators, air-conditioning units and electrical facilities. Section 10 of the Agreement provides that the Agreement shall be governed by Philippine laws and that any legal action shall be brought before the proper court of Makati. Kafiristan terminated the Agreement because CBM allegedly did not comply with their agreed maintenance standards.
CBM contested the tennination and filed a complaint againstKafiristan before the Regional Trial Court of Makati. The Ambassador wants you to file a motion to dismiss on the ground of state immunity from suit and to oppose the position that under Section 10 of the Agreement, Kafiristan expressly waives its immunity from suit.
Under these facts, can the Embassy successfully invoke immunity from suit? (6%)

6.

1 comment:

  1. Great Post! Talk about international law in my blog as well!

    https://internationalawunderstanding.blogspot.com/

    ReplyDelete