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.Article 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 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.
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
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