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Questions

Nature of International Law Sources of International Law (Article 38 of ICJ Statute to Nicaragua vs. US) Bermas

North Sea Continental Shelf Case Legality of Use of a State of Nuclear Weapons Cabaron What is customary international law? How is it different from an international agreement? Customary international law means a general and consistent practice of states followed by them from a sense of legal obligation. Customary international law exists based on the belief that it is for the benefit of all. International agreements on the other hand represent the most deliberate form of commitment through which governments cooperate with one another. International agreements exist based on vast and diverse intentions of the participating states. What is the international law that governs continental shelf disputes? What is the source of international law that is used to settle conflicting claims over continental shelf areas? In the case of Germany vs Netherlands/ Germany vs. Denmark, the ICJ ruled that parties must draw up an agreement taking both the maximization of area and proportionality into account. These were to be based upon equitable principles. Next would be treaty (if there is any) to which parties must essentially be signatories and must adhere to the same, customary international law which must be proven by the one invoking the same, and the last resort of special equidistance principle. What are the requirements for a grant of asylum to be valid? A person must be accused of a political offense and that rule of law has been substituted by arbitrary action (abolition of judicial guarantees). Customary norm between the states concerned for one to qualify and grant asylum and oblige the other to adhere. Unilateral qualification and grant without existence of customary norm will not bind the other state. What is the effect of a unilateral declaration by a state? This act may have the effect of creating legal obligations. It is well recognized that declarations made by way of unilateral acts, concerning legal or factual situations, may have the effect of creating legal obligations. Nothing in the nature of a quid pro quo, nor any subsequent acceptance, nor even any reaction from other States is required for such declaration to take effect.

Paquete Habana Carcelona Traction Cabato

In the case of Paquete Habana, 175 US 677, are fishing vessels exempted from capture as a prize of war? Why or why not? YES, they are exempted. By ancient usage among civilized nations and gradually ripening into a rule of International Law, coast fishing vessels, pursuing their vocation of catching and bringing in fish have been recognized as exempt from capture as a prize of war. Exempting of fishing vessels was founded on considerations of humanity to a poor and industrious order of men, and of the mutual convenience of belligerent states which rely on the livelihood of fishing.

What is estoppel? What are the 3 elements of estoppels? Can it be a basis of International law? (Preah Vihear, ICJ Reports, 1962) Estoppel is defined as a legal principle that stops someone from asserting a truth that is defined as contradictory to an already established truth.) Its elements are: 1. Act of representation 2. Reliance 3. Damage YES. Estoppel is a general principle of law which can be a basis of international law.

Local Customary law can exist as long as the elements in the North Sea Continental Shelf case are present. What are these 3 elements? (Case concerning the Right of Passage over Indian Territory) These three elements necessary to constitute a customary rule of law are the ff: 1.The provision must be of a norm-creating character such that it could be regarded as forming the basis of a general rule of law; 2.The provision must be a settled practice based on the acts of state actors; and 3.The provision must be carried out in such a way, as to be evidence of a subjective belief that this practice is rendered obligatory by the existence of a rule of law requiring it.

The general rule of International law authorized the national state alone to exercise diplomatic protection for the purpose of seeking redress. What are the exceptions to the general rule or when can such right be conferred to the shareholders national state? (Barcelona Traction, Light and Power Company Case, ICJ Reports, 1970) Exceptions:

1. The case of the company having ceased to exist. 2. The case of protecting state of the company lacking capacity to take action Texaco vs. Libya Saudi Arabia vs. American Oil Company III. Law of Treaties Quatar vs. Bahrain Abaya vs. Secretary Ebdane Cardenas DBM vs. Kolonwel Reservations to the Convention on Prevention of Genocide Degusman Senator Pakitang-gilas filed a petition for mandamus to compel the delivery of a treaty signed by the Secretary of Department of Foreign Affairs. The Senator insisted that the treaty should be delivered to be ratified by the Senate. Is the contention of the Senator valid? No, it is not valid. The power to ratify treaties is vested particularly to the head of State. Being that it is vested with the Head of State or the President, compelling delivery would be incorrect. Moreover, the judiciary cannot usurp the executive functions to ratify the treaty, this would be a violation of the doctrine of separation of powers. Mata-Nong Partylist questions the validity of the ratification of a certain treaty. They claim that the treaty should not take effect in the Philippines because only the Philippines have transmitted the documents of the treaty to the senate, while the other State did not transmit the same to their senate. Is the view of the party list valid?

No, it is not. The Philippines has no concern regarding the domestic laws of the other participating state. If the treaty has been ratified, the Philippines would be considered to be bound by the said treaty, regardless of the actions of the other state.

How are foreign loans classified? They are classified to the same effect as treaties.

To whom is the power to ratify vested? To the executive department particularly to the Head of State.

Military and Parliamentary Activities IV. International and Municipal Law

V. Subjects of International Law Garcia

Barcelona Traction Certain Expenses of the UN VI. Other Subjects of International Law General

What are the criteria for a State to exercise the right of individual or collective self-defense? (1) A State must have been the victim of an armed attack; (2) This State must declare itself as a victim of an armed attack; and (3) In the case of collective self-defense the victim State must request for assistance (4) The absence of a report may be one of the factors indicating whether the State in question was itself convinced that it was acting in self-defense

Are the MNLF and MILF Insurgents? No. The MNLF and MILF are not insurgents, because they do not satisfy the Material Field Application of Protocol II, which is to posssess definite form of international personality by (1) being recognized as having belligerent status against the state (2) seen as having treaty making capacity.

What are the Principal Organs of the UN? Principal Organs of the UN: General Assembly Security Council Economic and Social Council Trusteeship Council Secretariat ICJ Regional Organizations (ASEAN

Can a state sue on behalf of its citizen against another state?

Yes. It is an elementary principle of international law that a State is entitled to protect its subjects, when injured by acts contrary to international law committed by another State. A State is in reality asserting its own rightsits right to ensure, in the person of its subjects, respect for the rules of international law.

Legality of Use by a State of Nuclear Weapons Case Concerning Oil Platforms Lajarato

Whether or not anticipatory self-defense is a valid ground or justification for the United States to launch or institute an attack against perceived enemies.

Anticipatory self defense can be used as a valid ground or justification by the United States to launch an attack against perceived enemies. The Webster-Ashburton Treaty has clearly established such right recognized under international law since 19th century. However, such right must be strictly and narrowly interpreted in the sense that it can only be invoked under conditions of reasonable necessity prevailing at the time of attack.

What is the relationship between the United Nations charter and General International Law regarding the non-use of force?

When there is war or conflict, the United Nations charter regarding the non use of force is to be made applicable because it is the governing law under international law. Member-states adhere to the U.N. charter. However, there are instances when the U.N. charter is not properly maintained as the exclusive applicable law. When the Security Council is stalled in the resolution of a conflict and we are faced with a situation where the measures ordered by the Security Council have not been fulfilled, shift of applicable law from the UN Charter to general international law takes place in such a situation.

Whether or not the manufacture, possession and use of nuclear weapons should be prohibited against all state and nations of the world.

The manufacture, possession and use of nuclear weapons should and must be prohibited against all states and nations of the world. In this day and age, when nuclear weapons are legal when it is

possessed by states of the free world and on the other hand it becomes illegal when it is possessed by rouge states. There seems to be a clear and undue advantage in favor of states masquerading as vanguards of peace and stability. If we really want true peace and stability, nuclear weapons must be prohibited and banned against all states irrespective of their affiliation or ideology.

Whether or not NATOs airstrike campaign against Kosovo violated U.N. charter.

NATOs airstrike against Kosovo clearly violated the provisions of the U.N. charter regarding the non-use of force because it did not have authority from the Security Council to attack Kosovo. However, the U.N. charter, in this case, cannot be made as the exclusive applicable law because General International Law takes the place of the latter by reason of the inability or failure of the Security Council to act. In such case, the U.N. charter which is a special law bows down to General International Law which is general in nature.

International Court of Justice Cases on Jurisdiction Military and Parliamentary Lockerbie Case Namla How does ICJ acquire jurisdiction?

1. By consent 2. Compulsory jurisdiction

What are the kinds of reservation?

1. ratione personae - reservations relating to other parties 2. ratione temporis - reservations relating to time 3. ratione materiae - reservations relating to subject matter

What is the so called "subject matter jurisdiction" of the ICJ?

1. any matter which the parties may refer to it 2. matters providfed by the UN charter, treaties or conventions 3. legal disputes

What are the kinds of legal disputes that can be settled by the ICJ?

1. interpretation of a treaty 2. question of international law 3. the existence of any fact which if established would constitute a breach of an international obligation 4. nature or extent of reparation to be made for the breach of an international obligation.

ELSI Case Lockerbie Case Ramos Why was Libyas application for provisional measures of protection denied? Answer: The act of Libya disobeying the Security Councils Resolution to surrender the two persons wanted for being international threats. Members of the UN are obligated to follow Security Council resolutions

When can provisional measures of protection be granted to a state? Answer: Provisional measures of protection can be granted to a state to avoid prejudice of rights.

What happens to agreements established under and during the existence of the League of Nations, after the LoN have been dissolved? Answer: Pursuant to Art. 37 of the ICJ Statute, obligations under the League of Nations and the Permanent Court of Justice are continued and go under the scope and jurisdiction of the International Court of Justice. (Southwest Africa Case)

Who are bound by international Court of Justice decisions? Answer: Only the parties of the case brought to the ICJ are bound by the latters decision, pursuant to Article 59 of the ICJ Statute. (Naruru vs Australia)

Cases on Dispute Cases on Advisory Opinion Degusman

US disallowed the construction of a UN office in New York. The UN Secretary-general warned US that this is a violation of their duties as member of the UN. US still disallowed the construction and even created a law banning the creation of a UN office in New York. The UN files a complaint with the ICJ. US contends that the case should be dismissed because there is no dispute. Is US correct? No, the contention is incorrect. There is a dispute when there is conflicting views on facts, application of law or agreements between states or parties.

Can a judgment of the ICJ affect a State who did not consent on its jurisdiction? No, it will be prejudicial to such State.

Can the UN issue an advisory opinion regarding effects of Nuclear Weapons to health? No. The rule with regards international organizations is the concept of specialty. In cases regarding health, it is the WHO who has more authority than any organization to give an opinion.

What is an advisory opinion? An opinion by a court as to the legality of proposed legislation or conduct, given in response to a request by the government, legislature, or some other interested party.

Certain Expenses Vargas

Two UN programs are challenged for as improper expenditures of the United Nations Fund for being performed by the wrong UN organization. The General Assembly of the UN then requested for the ICJ to give an advisory opinion on the question of whether or not said programs are proper charges to the UN Fund. In making this advisory opinion, the ICJ interpreted Art. 17 of the Charter of the United Nations. Is the action of the ICJ proper?

Yes, the action is proper. ICJ has jurisdiction to interpret Charter and Treaty provisions in giving advisory opinions because interpreting such provision is a judicial task within the ambits of the ICJ.

Is the General Assembly authorized to request for Advisory Opinion from the International Court of Justice?

Yes, in accordance with the Charter, the General Assembly is authorized to request the International Court of Justice for Advisory Opinion. A case involving political issues does not necessarily mean the existence of a legal dispute beyond the authority of an Advisory Opinion.

Two countries notified the Registrar of a Treaty for submission to the ICJ for the issuance of an advisory opinion over a dispute on borders. The Treaty identifies the dividing line of influences as the main channel of a certain island; however, the main channel has not been identified in the treaty or in subsequent acts of the parties. Can the ICJ provide for an advisory opinion on the case? If so, what factors can they tap to identify said main channel?

YES, the ICJ can give an advisory opinion because the issue involves interpretation of a Treaty which is within the ambits of the ICJ. In the absence of stipulation in the Treaty itself or factors in the subsequent acts of the parties which may identify the main channel in issue, the ICJ can take cognizance of other factors such as the depth and width of the channel, the volume of water, the bed profile configuration, and navigability.

A Treaty is entered between two States; however, the States differ in the interpretation of some Treaty provisions. One of the parties is a Member of the League of Nations while the other is a non-member. The Member-nation brought the issue before the League of Nations despite the non-cooperation of the other party. The League of Nations then advances the case to the PCIJ through a request for advisory opinion. The Non-Member state now questions the authority of the PCIJ. Decide.

PCIJ has no authority to give Advisory Opinion over the case. First, in accordance with Art. 17 of the Covenant of the League of Nations, in case of disputes between a Member and a NonMember State, the Non-Member shall be invited to accept the obligations of membership for the purpose of solving the dispute. Without its consent, it cannot be compelled to submit itself for settlement. Such consent is not given in the instant case. Second, the dispute involves a question of fact which calls for presentation of evidence and testimonies. The PCIJ is in a disadvantageous stand in giving an opinion with the refusal of one of the parties to take part. Last, deciding the dispute in the instant case involves investigation which is not covered by the Advisory Opinion requested of.

Territories: Land, Air and Outer Space Degusman

How is title to a territory acquired? Title acquisition can be either based on effective apprehension (occupation or conquest) or natural accretion.

UK and France seeks establishment of sovereignty over the Minquiers group and Erechos group of Islands. UK had established some courts and levied taxes on the said group of islands. Whereas France basis its claim on proximity. Decide. UK should have sovereignty over the islands. The display of ordinary local administration is one of the evidence of intent to claim sovereignty of the islands. Mere proximity is not enough if not coupled with actions relating to administration.

Can estopell exist in cases of disputes of territory? Cite a case. Yes. In Cambodia vs. Thailand, Thailand was estopped from questioning the delination of the maps because of the non-reaction when it was presented.

A treaty between the colonial powers France and Libya was entered into delimiting its frontiers. Later, Chad and Italy became independent of France and Libya, respectively. The dispute relates to the expiration of the treaty with Chad citing the uti possidetis juris principle and Italy arguing that there is no longer a boundary since the treaty has expired. Decide.

A boundary established by a treaty achieves permanence which the treaty does not necessarily enjoy.

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