Thursday, February 16, 2012 1.In the case of Laurel v. Misa,(1947) Justice Perfecto, enumerated four kinds of Allegiance.

What are these? Answer: Allegiance is of four kinds, namely: (1) Natural allegiance that which arises by nature and birth; (2) acquired allegiance that arising through some circumstance or act other than birth, namely, by denization or naturalization; (3) local allegiance-- that arising from residence simply within the country, for however short a time; and (4) legal allegiance that arising from oath, taken usually at the town or leet, for, by the common law, the oath of allegiance might be tendered to every one upon attaining the age of twelve years. (3 C.J.S., p.885.) 2. (a) In extradition proceedings, are prospective extraditees entitled to notice and hearing beforewarrants for their arrest can be issued? (b) Equally important, are they entitled to the right to bail and provisional liberty while the extradition proceedings are pending? (c) What are the exceptions to the general rule? Answer: In general, the answer to these two novel questions is No. The explanation of and the reasons for, as well as the exceptions to, this rule are laid out in this Decision.(USA v. Purganan, 2002)x x x Accordingly and to best serve the ends of justice, we believe and so hold that, after a potential extraditee has been arrested or placed under the custody of the law, bail may be applied for and granted as an exception, only upon a clear and convincing showing (1) that, once granted bail, the applicant will not be a flight risk or a danger to the community; and (2) that there exist special, humanitarian and compelling circumstances including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein. 3. Supply the missing word: (a)_____________ is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations (b)_______________, a term of international law, used to denominate certain immunities from the application of the rule that every person is subject for all acts done within the boundaries of a state to its local laws. (c) ______________ has also been granted by treaty to the subjects and citizens of contracting Christian states resident within the territory of certain non-Christian states. (d)Lastly, it is held that when armies or regiments are allowed by a foreign state to cross its territory, they necessarily have __________________rights. (e) An historic case of __________________ was the seizure of the railways of Nicaragua by Brown Brothers and Harriman, a U.S. banking firm. Under the KnoxCastrillo Treaty of 1911 these railroads became legally part of the State of Maine, according to former president of Guatemala, Juan Jos Arvalo, in his book The Shark and the Sardines (Lyle Stuart, New York, 1961). Answer: http://www.1911encyclopedia.org/Exterritoriality (a) Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations

(b) Exterritoriality, a term of international law, used to denominate certain immunities from the application of the rule that every person is subject for all acts done within the boundaries of a state to its local laws. (c) Exterritoriality has also been granted by treaty to the subjects and citizens of contracting Christian states resident within the territory of certain non-Christian states. (d)Lastly, it is held that when armies or regiments are allowed by a foreign state to cross its territory, they necessarily have (d) exterritorial rights. (e) An historic case of extraterritoriality was the seizure of the railways of Nicaragua by Brown Brothers and Harriman, a U.S. banking firm. Under the KnoxCastrillo Treaty of 1911 these railroads became legally part of the State of Maine, according to former president of Guatemala, Juan Jos Arvalo, in his book The Shark and the Sardines (Lyle Stuart, New York, 1961). 4. What is the last step in the treaty-making process? What is expected to be achieved on said step? If there is no affectivity date specified in the treaty, what should be its effectivity date? ANSWER:The last step in the treaty-making process is the exchange of the instruments of ratification, which usually also signifies the effectively of the treaty unless a different date has been agreed upon by the parties. Where ratification is dispensed with and no effectivity clause is embodied in the treaty, the instrument is deemed effective upon its signature. 5. The petitioner is a minor and a resident of the Philippines. Private respondent Northwest Orient Airlines (NOA) is a foreign corporation with principal office in Minnesota, U.S.A., and licensed to do business and maintain a branch office in the Philippines. On October 21, 1986, the petitioner purchased from NOA a round-trip ticket in San Francisco, U.S.A., for his flight from San Francisco to Manila via Tokyo and back. The scheduled departure date from Tokyo was December 20, 1986. No date was specified for his return to San Francisco. On December 19, 1986, the petitioner checked in at the NOA counter in the San Francisco airport for his scheduled departure to Manila. Despite a previous confirmation and re-confirmation, he was informed that he had no reservation for his flight from Tokyo to Manila. He therefore had to be wait-listed. On March 12, 1987, the petitioner sued NOA for damages in the Regional Trial Court of Makati. On April 13, 1987, NOA moved to dismiss the complaint on the ground of lack of jurisdiction. Citing the above-quoted article, it contended that the complaint could be instituted only in the territory of one of the High Contracting Parties, before: 1. the court of the domicile of the carrier; 2. the court of its principal place of business; 3. the court where it has a place of business through which the contract had been made; 4. the court of the place of destination. The private respondent contended that the Philippines was not its domicile nor was this its principal place of business. Neither was the petitioner's ticket issued in this country nor was his destination Manila but San Francisco in the United States. On February 1, 1988, the lower court granted the motion and dismissed the case

QUESTION: Is the dismissal correct? Explain your answer. ANSWER: Yes. AUGUSTO BENEDICTO SANTOS III, represented by his father and legal guardian, Augusto Benedicto Santos, petitioner, vs. NORTHWEST ORIENT AIRLINES and COURT OF APPEALS, respondents. [G.R. No. 101538. June 23, 1992] 6.(a) According to Jessup, what is the meaning of the doctrine of Rebus sic stantibus? (b) What is the key element of said doctrine?(c) Does this doctrine operate automatically to render a treaty inoperative? ANSWER: The petitioner is invoking the doctrine of rebus sic stantibus. According to Jessup, "this doctrine constitutes an attempt to formulate a legal principle which would justify non-performance of a treaty obligation if the conditions with relation to which the parties contracted have changed so materially and so unexpectedly as to create a situation in which the exaction of performance would be unreasonable." The key element of this doctrine is the vital change in the condition of the contracting parties that they could not have foreseen at the time the treaty was concluded. The doctrine of rebus sic stantibus does not operate automatically to render the treaty inoperative. There is a necessity for a formal act of rejection, usually made by the head of State, with a statement of the reasons why compliance with the treaty is no longer required. 7. SUPPLY THE missing words: (A) __________(in relation to everyone) is frequently used in legal terminology describing obligationsor rights toward all. (B) An ________ right (a statutory right) can here be distinguished from a right based on contract, which is only enforceable against the contracting party. In international law it has been used as a legal term describing obligations owed by states towards the community of states as a whole. (C)An _________obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach). Consequently, any state has the right to complain of a breach. (D)Examples of _________ norms include piracy, genocide, slavery, and racial discrimination. The concept was recognized in the International Court of Justice's decision in the Barcelona Traction case [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]: ANSWER: Erga omnes (in relation to everyone) is frequently used in legal terminology describingobligations or rights toward all. For instance a property right is an erga omnes right, and therefore enforceable against anybody infringing that right. An erga omnes right (a statutory right) can here be distinguished from a right based on contract, which is only enforceable against the contracting party. In international law it has been used as a legal term describing obligations owed by states towards the community of states as a whole. An erga omnes obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach). Consequently, any state has the right to complain

of a breach. Examples of erga omnes norms include piracy, genocide, slavery, and racial discrimination. The concept was recognized in theInternational Court of Justice's decision in the Barcelona Traction case [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]: 8. A. What is international humanitarian law (IHL)? (b) Name at least two sources of IHL? (c) When does international humanitarian law apply? ANSWER: A. What is international humanitarian law? In addition to this very operational side of its work, the ICRC is also the promoter and guardian of international humanitarian law, the body of rules applicable in armed conflict which
protect

those not or no longer taking active part in hostilities and methods of warfare.

regulate permissible means

The principal sources of international humanitarian law today are

the the a

four Geneva Conventions of 1949; two Additional Protocols thereto of 1977;

number of treaties prohibiting or restricting the use of specific weapons, eg the 1980 Convention on Certain Conventional Weapons and its protocols; 1954 Convention on the Protection of Cultural Property in the Event of War;

the

instruments

establishing international mechanisms for the enforcement of international humanitarian law such as the 1998 Statute of the International Criminal Court; important body of customary law. B. When does international humanitarian law apply? As I stated earlier, international humanitarian law applies in times of armed conflict. This begs the deceptively simple question of what constitutes an armed conflict? While in 1974 General Assembly adopted a definition of aggression, nowhere - neither in international humanitarian law instruments nor in any other body of international law do we find a definition of armed conflict. If we look to international humanitarian law treaties for guidance, while we do not find a definition, we do have provisions indicating when relevant conventions are applicable. International humanitarian law recognises two types of conflict: international armed

an

conflicts and non-international armed conflicts. Different criteria determine the existence of these types of conflict, which are regulated by different rules. (9) Accordingly there are three types of treaties in the American system, as enumerated in the case of Suzette Nicolas v. Romulo. What are these three types and explain each. Accordingly, there are three types of treaties in the American system: 1. Art. II, Sec. 2 treaties These are advised and consented to by the US Senate in accordance with Art. II, Sec. 2 of the US Constitution. 2. ExecutiveCongressional Agreements: These are joint agreements of the President and Congress and need not be submitted to the Senate. 3. Sole Executive Agreements. These are agreements entered into by the President. They are to be submitted to Congress within sixty (60) days of ratification under the provisions of the CaseZablocki Act, after which they are recognized by the Congress and may be implemented. 10. Explain the right of angary.What are the three requisites? ANSWER: By the right of angary, a belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offense or defense, neutral property found in its territory, in enemy territory or on the high seas. The three requisites: (1) that the property is in the territory under the control or jurisdiction of the belligerent (2) that there is urgent necessity for the taking (3) that just compensation is paid to the owner. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a (A) proper manner (b) spirit of brotherhood (c) way acceptable to society (d) moral way (e) camaraderie (f) none of the above 2. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain (a) unalienable Rights (b) human rights (c) privileges (d) obligations (e) civil rights (f) none of the above that among these are Life, Liberty and the pursuit of Happiness 3. The two theories that dominate contemporary human rights discussion are the interest theory and the will theory. Interest theory argues that the that the principal function of human rights: (a) is to protect and promote certain essential human interests (b) attempts to establish the validity of human rights based on the unique human capacity for freedom (c) is to see to it that men behave in acceptable standards (d) is to create a peaceful world (e) none of the above.

4. The (a) Universal Declaration on the rights of the child (b)Universal Declaration of Human Rights (UDHR) (c) Civil and Political Rights of Detainees (d) Convention on Humanitarian Law (e) none of the above ---was adopted by the United Nations General Assembly in 1948, partly in response to the atrocities of World War II. Although the it was a non-binding resolution, it is now considered by some to have acquired the force of internationalcustomary law which may be invoked in appropriate circumstances by national and other judiciaries 5. In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights(ICESCR) were adopted by the (a) United Nations (b) NATO (c) ASEAN (d) Security Council (e) General Assembly-- between them making the rights contained in the Universal Declaration on Human Rights (UDHR) binding on all states that have signed this treaty, creating human-rights law. 6. All human rights are universal, indivisible and interdependent and related. The international community must treat human rights (a) within their state (b) within their government (c) internationally (d) globally --- in a fair and equal manner, on the same footing, and with the same emphasis.
7. Human

rights abuses are monitored by United Nations committees, national institutions and governments and by many independent (a) states (b) civic organizations (c) non-governmental organizations (d) enforcement agencies (e) none of the above ----- such asAmnesty International, International Federation of Human Rights, Human Rights Watch,World Organization Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International. These organizations collect evidence and documentation of alleged human rights abuses and apply pressure to enforce human rights laws. 8. (a) Governmental cruelty (b) Police brutality (c) police attack (d) human rights violation (e) none of the above-----is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer. 9. A (a) standard operating procedure (b) code of conduct (c) use of force continuum (d) code of silence (e) none of the above -----is a standard that provides law enforcement officials & security guards (such as police officers,probation officers, or corrections officers) with guidelines as to how muchforce may be used against a resisting subject in a given situation. In certain ways it is similar to the military rules of engagement. The purpose of these

models is to clarify, both for officers and citizens, the complex subject of use of force by law officers. They are often central parts of law enforcement agencies' use of force policies. It sets levels of force considered appropriate in direct response to a subject's behavior. The (a) writ of habeas data (b) writ of habeas corpus (c) writ of amparo (d) antiwire tapping law (e) none of the above is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.

quiz
1.
2. What are the three grand divisions of international law? What is the doctrine of incorporation? What is its constitutional basis? 3. State the main issue and principle enunciated in the case of Ichong v. Hernandez. 4. law. State at least three examples of generally accepted principles of international

5. Define: (a) pacta sunt servanda (b) rebus sic stantibus (c) par in parem non habet imperium (d) domestic jurisdiction clause (e) jus cogens

Sunday, January 22, 2012 1. Distinguish public international law from private international law 2. Give such a definition of Int Law which could cover all the modern trends in it? 3. Discuss the concept of Neutralization. How is it done? Explain the Rights, Duties and Guarantees given to a Neutralized state. 4. Define Recognition. Differentiate between Defacto and Dejure Recognition. 5. What is meant by 'Subjects of Int Law'? Justify Individuals as the subject of Int Law by giving appropriate examples. 6. Discuss various modes of Acquisition of Territorial Sovereignty by the states acknowledged in Int Law.

7. Give an account of the efforts of international community to protect the civilian population from the effects of war. 8. Discuss in detail amicable means for settlement of international disputes. ********************************************************* Objective Part 1) Consuls, in receiving state are considered representative of: (a) Head of State (b) The government (c) Foreign Office (d) None of these 2) International law is not a true law but a positive international morality: (a) Brierly (b) Oppenheim (c) John Austin (d) None of these 3) Who is known as father of International law? (a) Jessup (b) Grotious (c) Hegal (d) None of these 4) Albama claim arbritation determines the principles of: (a) Extradition (b) Nationality (c) Neutrality (d) None of these 5) Decision of arbritation is: (a) Binding on parties (b) Not binding (c) Partially binding (d) None of these 6) Indo-Pakistan conflict in 1965 was a: (a) Non-war Armed conflict (b) War (c) Just border conflict (d) None of these

7) Nationality of a women as a result of marriage with a foreigner is: (a) Lost (b) Changed (c) Nothing is done (d) None of these 8) Tashkent declaration between india and pakistan in 1966 by USSR was a: (a) Conciliation (b) Mediation (c) Arbitration (d) None of these 9) Geneva convention for POWs was signed in: (a) 1949 (b) 1952 (c) 1945 (d) None of these 10) Armed attack on enemy fall under: (a) Retortion (b) Reprisal (c) Intervention (d) None of these 11) Briand-Kellog pact was signed in Paris in: (a) 1923 (b) 1928 (c) 1945 (d) None of these 12) Universal declaration of Human rights was passed by: (a) Geneva Convention (b) Vienna Congress (c) UN General Assembly in 1948 (d) None of these 13) Truce is: (a) Agreement of ceasefire (b) Peace treaty (c) Agreement of exhange of Prisoners of War (d) None of these 14) Concept of state will was first time given by: (a) Hegel (b) Grotious

(c) Bynkershoek (d) None of these 15) If a pakistani citizen is involved in counterfeiting US currency, US can claim jurisdiction over him on the basis of principle of: (a) Subjective Territoriality (b) Objective Territoriality (c) Exta Territoriality (d) None of these 16) Charge' d Affairs, appointed in a foreign state has to report to: (a) Head of State (b) Head of government (c) Foreign Office (d) None of these 17) Charter of international crimincal court was adopted in: (a) Rome conference 1998 (b) Geneva Convention (c) General Assembly (d) None of these 18) Genocide Convention 1951 protects the: (a) smaller minority groups (b) Prisoners of war (c) Non-combatants (d) None of these 19) Extradition means: (a) Capurting a criminal (b) Exchange of Diplomats (c) Exchange of criminals to other states (d) None of these 20) International court of justice can exercise its jurisdiction on: (a) All disputes between states (b) With concent of any one party (c) With concent of all parties (d) None of these Posted by rsb at 8:05 PM