sample exam

1.Concerning ERGA OMNES: (A) what is its literal meaning? (b) What does it mean within the context of international law? (c) Give two examples of erga omnes.

2. Explain the principle of clausula rebus sic stantibus. What is its literal meaning? As a legal doctrine, what does it mean? What are the two justifications for its invocation?

3.What do you understand by “the modern international law of the acquisition (or attribution) of territory”?

4. Explain the concept of “association” of states in international law. In international practice, what is the use of these ‘associative states”? Is concept of “association” recognized under the 1987 Constitution? Explain.

5. Palmas, also referred to as Miangas, is an island of little economic value or strategic location. It is two miles in length, three-quarters of a mile in width, and had a population of about 750 when the decision of the arbitrator was handed down. The island is located between Mindanao, Philippines and the northern most island, known as Nanusa, of what was the former Netherlands East Indies. In 1898, Spain ceded the Philippines to the United States in the Treaty of Paris (1898) and Palmas sat within the boundaries of that cession to the U.S. In 1906, the United States discovered that the Netherlands also claimed sovereignty over the island, and the two parties agreed to submit to binding arbitration by the Permanent Court of Arbitration.The question the arbitrator was to resolve was whether the Island of Palmas (Miangas), in its entirety, was a part of the territory of the United States or the Netherlands.The legal issue presented was whether a territory belongs to the first discoverer, even if they do not exercise authority over the territory, or whether it belongs to the state which actually exercises sovereignty over it.

Questions:How was the issue resolved? In short, what country is the real owner of the territory?

6. In an 1892 revolution, General José Manuel "Mocho" Hernández expelled the existing Venezuelan government and took control of Ciudad Bolivar, where plaintiff Underhill lived and ran a waterworks system for the city. Underhill, an American citizen, repeatedly applied to Hernandez for an exit passport, but his requests were refused, and Underhill was forced to stay in Ciudad Bolivar and run the waterworks. Hernandez finally relented and allowed Underhill to return to the United States, where he instituted an action to recover damages for his detention in Venezuela. In finding for the Defendant, a New York Court determined that Hernandez had acted in his official capacity as a military commander so his actions were those of the Venezuelan government. The Court therefore refused to hear Underhill's claim against the government.

Questions: Is the Court correct? What principle of international law is used in this dispute? Explain.

7. The UN Secretary General sometimes to settle a dispute between two states, visits each, and proposes a solution to their problem. He may do this either privately or publicly. What is the international term for this mode of settling an international dispute?

8. What is a thalweg? How is it used to solve a dispute on boundaries between two states?

9. “Every statute is understood, x x x , to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms.Ex necessitate elegis . . . .”

What is the name of the doctrine exemplified by said statement?

10. Mr. X filed a case of Abuse of Authority against the Mayor. The Mayor’s Budget Officer and Legal Officer  were also included in the suit, as conspirators of said abuse. Another criminal case was filed against the Mayor for  Technical Malversation. The Mayor won by a landslide vote in the next election. The mayor and his other co-accused/respondents file a motion to have all the cases dismissed.

Question: As hearing officer/ judge, will you dismiss the above mentioned cases? Explain.