Public International Law

ONLINE FINAL EXAMS

May 23, 2020
Atty. Bernice Joana L. Piñol

Instructions: You are given six (6) hours to finish answering the exam. You may open
your books/notes or internet browser. What you should NEVER do however is discuss
the exam with anyone, including your classmates. Those who will be caught copying
others’ answers will be strictly penalized.

Please write your answers in a yellow paper, with one-inch margin on each side. Please
take a photo/scan your exam paper and email it to me at attybernicepinol@gmail.com on
or before 6 o’clock in the evening today. No late submissions will be accepted.

God bless!

PART I
(Note: Answer each question exhaustively as every item is worth 4 points.)

1. Under R.A. 9851, who are “protected persons” in an armed conflict?

2. What are Crimes against International Humanitarian Law?

3. What is the “polluter pays” principle?

4. What is the “Most Favored Nation Principle” under international law?

5. What are the characteristics of International Economic Law?

6. What is the Kyoto Protocol?

7. Define the term, “Ex Injuria Oritur Jus”

8. What is “Minimum International Standard”?

9. Explain the “Right of Innocent Passage”

10. Briefly state the history of UN Security Council and its relevance today.

PART 2
(Note: Each item/question is worth 5 points)
11. Differentiate “jus ad bellum” from “jus in bello”.

12. Differentiate the Hague Conventions from the Geneva Conventions.

13. The Republic of Arya opened and operated in Manila an office engaged in trading
Arya products with Philippine products. In one transaction, the local buyer
complained that the Arya goods delivered to him were substandard and he sued
the Republic of Arya, before the RTC of Quezon City, for damages.

a) How can the Republic of Arya invoke its immunity?

b) Will such defense of State immunity prosper?

14. What is the Act of State Doctrine?

15. What are the qualifications of a belligerent force in a civil war?

16. Not too long ago, “allied forces,” led by Americans and British armed forces,
invaded Iraq to “liberate the Iraqis and destroy suspected weapons of mass
destruction”. The Security Council of the United Nations failed to reach a
consensus on whether to support or oppose the “war of liberation”. Can the action
taken by the allied forces find justification in International Law?

17. Discuss the requirements of “necessity and proportionality” in self-defense.

18. State B, relying on information gathered by its intelligence community to the

effect that its neighbor, State C, is planning an attack on its nuclear plant and
research institute, undertook a “preventive” attack on certain bases on State C
located near the border of the two States. As a result, State C presented the
incident before the U.N. General Assembly but the latter referred it to the Security
Council as a matter, which disturbs or threatens “international peace and
security”. State B argued that it was acting within the legal bounds of Article 51
of the U.N. Charter and that it was a permitted use of force in self-defense against
an “armed attack”.

a) Is State B responsible under International Law?

b) Did State B act within the bounds set forth in the U.N. Charter on the use of
force in self-defense?

19. On December 28, 2000, the Philippines signed the Rome Statute through Charge
d’ Affairs Enrique A. Manalo of the Philippine Mission to the United Nations.
However, it was not signed by the President of the Philippines. May the Executive
Secretary and the Department of Foreign Affairs be compelled by mandamus to
transmit to the Senate the copy of the Rome Statute signed by a member of the
Philippine Mission to the United Nations even without the signature of the
President?
20. The French Government proposed to carry out certain works for the utilization of
the waters of Lake Lanoux and the Spanish Government feared that these works
would adversely affect Spanish rights and interests. Lake Lanoux lies on the
southern slopes of the Pyrenees, on French territory. It is fed by streams which
have their source in French territory and which run entirely through French
territory. May a downstream State (Spain) object to the use of the water by an
upstream State (France)?