COMPILED MCQsFOR MIDTERM PIL 2013-2014

1.
Itstatesthatthebondofnationalitymust be
real andeffectiveinorderthataStatemay
claimapersonasitsnational forthepurpose
ofaffordinghimdiplomaticprotection.
a. Nationality Principle
b. Subjective Territorial Principle
c. Doctrine of Genuine Link
d. Effects Doctrine
Answer: c. Doctrine of Genuine Link
2. Below are the exceptions to the clean slate
rule except one:
a.WhenthenewStateagreestobeboundbyt
hetreatiesmadebyitspredecessor.
b.When a
fundamental changeof circumstanceswhich
determinedthepartiestoaccept atreatyhas
resultedinaradical transformation.
c. Treatiesaffectingboundaryregime.
d. None of the above.
Answer:
b. When a
fundamental changeof circumstanceswhichd
eterminedthepartiestoaccept atreatyhasre
sultedinaradical transformation.
3. The following include the sources of
international law, except-
a. International conventions
b. international customs
c. Local principles of law recognized by some
nations
d. Judicial decisions and teachings of most
highly qualified publicists
Answer: C
4. What are the effects of reservation and of
objections to reservations?
a. Modifies for the reserving State in its
relations with that other party the provisions
of the treaty to which the reservation relates
to the extent of the reservation
b. Modifies those provisions to the same
extent for that other party in its relations with
the reserving State.
c. The reservation does not modify the
provisions of the treaty for the other parties to
the treaty inter se.
d. When a State objecting to a reservation has
not opposed the entry into force of the treaty
between itself and the reserving State, the
provisions to which the reservation relates
apply as between the two States to the extent
of the reservation
Answer: D, as far as the provisions where
reservation was opposed to, these will not
apply to the opposing state.
5. Which of the following is not a source of
International Law?
a. Treaties or Conventions
b. Customs
c. Writing of Publicists
d. Generally accepted Maps
Answer: d
6. Which of the following doctrine is not
applicable in International Law?
a. Stare Decisis
b. Estoppel
c. Pacta Sunt Servanda
d. Res Judicata
Answer: a
COMPILED MCQsFOR MIDTERM PIL 2013-2014
7. Which of the following principles of
jurisdiction bases the jurisdiction of the state
on the nationality of the victim a crime?
a. Universality P
b. Nationality P
c. Passive Personality P
d. Active Personality P
Answer: c
8. Extradition is the surrendering by one state
of an individual to another state whose laws
have been allegedly violated by such
individual. A state is always obligated to
extradite even in the absence of a treaty.
a. Both TRUE
b. Both FALSE
c. 1st statement- TRUE, 2nd- FALSE
d. 1st-FALSE, 2nd-TRUE
Answer: c
9. Which of the following is not a principle of
State jurisdiction?
a. Territoriality
b. Universality
c. Nationality
d.Balancing Test ANSWER
10. Which of the following is not an example
of a non-governmental organization (NGO)?
a. Amnesty International
b. Roman Catholic Church
c. United Nations - ANSWER
d. International Olympic Committee.
11. A) The decision of the ICJ is binding only
to the parties to the case.
B.) The decision of the ICJ is binding on any
countries with respect to the particular case.
C) The decision of the ICJ is not binding on
any states.
a. A and B are correct
b. B is correct.
c. Band C are correct
d. A is correct
e. None of the above
Answer: D
12. Which of the following is NOT a formal
source of internation law?
a. Treaty making
b. Judicial decisions making
c. UN Resolution making
d. Practice of states
Answer: c
13. Which of the following is NOT a subjectof
International Law?
a. International organizations
b. Individuals
c. Independence
d. States
Answer: C
14. Which of the following is true about outer
space in International Law?
a. Whoever owns the soil, it is theirs up to
heaven and down to hell.
b. The use of military personnel for scientific
research of the outer space is strictly
prohibited.
c. State parties of the 1967 treaty on the
COMPILED MCQsFOR MIDTERM PIL 2013-2014
exploration and use of outer space shall
immediately inform the other state parties to
the treaty or the Secretary General of the UN
of any phenomena they discover in outer
space.
d. Any state shall have the freedom of
scientific investigation in the outer space.
Answer: C
15. Which of the following is not covered by
the Universality Principle?
a. terrorism
b. robbery
c. genocide
d. aircraft piracy
Answer: b
16. Does treaty override custom?
a. Yes. Treaty is an international agreement
concluded between states which have a
binding force between the parties; it comes
from their voluntary decision to obligate
themselves to a mode of behaviour. Therefore,
treaty has a greater weight for it binds and
obligate states to the provisions of such treaty.
b. No. Custom is consists of unwritten rules
evinced from the generality and uniformity of
the practice of states and is adhered to by such
states out of a sense of legal obligation or
opinion juris.
c. It depends. If a treaty was entered into
after a custom has been established, the treaty
will govern as regards the parties who entered
into it. If a treaty was entered into before a
custom develops, the rule is not clear but the
logical rule is that the custom, being the
expression of a later will, should prevail.
d. None of the above
Answer: c
17. The following are considered serious
crimes under International Law by which the
PrincipleOf Universality as regards to
jurisdiction of States May be applied except:
A. Piracy
B. slavery
C. Crimes against peace
D. Illegal marriages
E. Crimes against humanity
Answer: D
18. Which among these principles of
jurisdiction of States States that "a state may
apply law to an act committed outside its
territory by a person not its national where
the victim of the act was its national"
A. Universality principle
B. nationality principle
C. Passive personality principle
D. Nationality principle
E. Territoriality principle
Answer: c
19. It is an area of water not exceeding 24
nautical miles from the baseline. It thus
extending 12 nautical miles from the baseline
from the due of the territorial sea.
A. Exclusive economic zone
B. contiguous zone
C. Exclusive contiguous zone
Answer: (B)
20. Which among the principles of jurisdiction
of the states is generally supported in
customary law?
A. Passive personality principle
COMPILED MCQsFOR MIDTERM PIL 2013-2014
B. universality principle
C. Territoriality principle
Answer: (C)
21. The functions of treaties include the
following, except:
a.Regulate Commercial Relations
b.Guarantee Investments
c.Provide for international intervention in
domestic conflicts
d. Serve as charter of international
organizations
Answer: C.
22. Which of the following statements is
TRUE?
a. A reservation requires all the parties
consent at all times for it to be effective.
b.Reservations are meant only for multilateral
treaties.
c.Multilateral treaties compose the largest
category of treaties.
d.Soft Laws, defined as administrative rules
which guide the practice of states in relation to
international organizations, are covered by the
Vienna Convention on the Law of Treaties.
Answer: B.
23. Aurevoir , a French merchant vessel,
passed through Philippine sea which is within
the Philippines' Exclusive Economic Zone
(EEZ). When the Philippine Coast Guard saw
Aurevoir in the said area, it stopped the latter
and arrested it for alleged illegal passage. Is
the contention correct?
a. Yes, because EEZ is exclusive for Philippine
Vessels.
b. No, EEZ is high sea and not within the
exclusive territorial sea of any state; hence it is
subject to freedom of navigation.
c. No, EEZ is subject to innocent passage.
d. No, the economic right of the state over
resources within its EEZ does not affect the
right of navigation and overflight of other
states.
ANSWER: D
24. Vietnam, Philippines, Malaysia, and
Indonesia entered into a treaty granting each
of the party's legal citizens the freedom to
enter into the the territories of the parties
involved without the need of obtaining
tourist visa. However, Philippines and
Malaysia modified some pertinent provisions
in the said treaty applying such modification
exclusive to them. The following grounds
support the validity of the modification taken
by Philippines and Malaysia, except:
a. as long as the modification is not prohibited
by the treaty
b. the Security Council approved such
modification
c.it does not affect the enjoyment by the other
parties of their rights or performance of their
obligations under the treaty
d. it is incompatible with the effective
execution of the object and purpose of the
treaty as a whole.
ANSWER: B.
25. The _______ recognizes that certain
offenses are so heinous and so widely
condemned that any state if it captures the
offender may prosecute and punish the
person on behalf of the world community
regardless of the nationality of the offender
or victim where the crime was commited.
a. Universality Principle
COMPILED MCQsFOR MIDTERM PIL 2013-2014
b. Protective Principle
c. Passive personality
Answer: A
26. _____ are those who do not have a
nationality.
a. Rebels
b. Stateless persons
c. Aliens
Answer: B
27. Which is not a source of international
law?
a. Treaties
b. International Customs and norms
c. Conventions
d. Constitution
Answer: d
28. The current secretary-general of the
United Nations is
a. Kurt Waldheim.
b. Boutros Boutros-Ghali.
c. Kofi Annan.
d. Ban Ki-moon.
Answer: d
29. _____ is international law derives its
binding force from the consent of the state
a. Command Theory
b. Consensual Theory
c. Natural law Theory
d. None of the above
Answer: b
30. Which of the following is not a duty of
state
a. Non-intervention
b. Non-use of force
c. Respect to human rights
d. None of the above
Answer: d
31. Sources of International Law are classified
into Formal & Material sources. Below are
Material sources except:
a) State practice
b) Writings of jurists
c) Treaties
d) Legislation (this is the answer because this is
a Formal source)
32. Among the Modes of Acquisition of
Sovereignty over territory, this is proscribed
by International Law:
a) Accretion & avulsion
b) cession
c) conquest & subjugation (this is proscribed)
d) Prescription
33. What doctrine states that when the
boundary between two states is a navigable
river, its location is the middle of the channel
of navigation?
a. Effects doctrine
b. Thalweg doctrine
c. Archipelagic doctrine
d. Equi-distance doctrine
Answer: b
COMPILED MCQsFOR MIDTERM PIL 2013-2014
34. Treaties may be terminated or
suspended by the following, except:
a. With the consent of the parties
b. Impossibility of performance
c. Change of government
d. Change of fundamental conditions
Answer: c
35. Philippines can try the following offenses
committed outside its territory that threaten
its security under the protective principle,
except:
A) Plot to break its immigration
regulations
B) Piracy
C) Plots to overthrow the government
D) Forging its currency
Answer: C. Piracy is considered to be a so
heinous crime and considered a crime against
a community of the world. Thus, it is under the
Universality principle where all states can
acquire jurisdiction over it.
36. A shipwreck owned by Shermany was
found by the Republic of Philipino in the
depth of a sea within its continental shelf.
When discovered by the Philipino Navy, it
removed its remains and found some
treasures on it. All the object they have
revived was displayed in its National Museum.
When Shermany knew this, it filed a suit
against Republic of Philipino for the recovery
of all the objects that the latter utilized from
the shipwreck. The Republic of Philipino
contended that it has the right to utilize said
resources because it is within its Continental
Shelf. Is the contention plausible?
A) Yes, as a coastal state to the continental
shelf, it has the right to utilize all the resources
therein.
B) Yes, a State's territorial jurisdiction extends
up to its continental shelf, therefore it has
acquired ownership of the shipwreck.
C) No, a shipwreck remains in the ownership of
its flag state.
D) No, the right of the coastal state to explore
and exploit natural resources in its continental
shelf does not extend to non-resource material
in the shelf area such as wrecked ship and
their cargoes.
ANSWER: D
37. Acquisition of territory through a treaty
a. Accretion
b. Cession
c. Prescription
d. Avulsion
Answer: b
38. The fundamental rights of a state are the
following, except?
a. Government
b. Independence
c. Equality in law
d. Peaceful co-existence
Answer: a
39. Which is not a function of a treaty among
the choices given?
a.) they are sources of international law
b.) they are used to transfer territory
c.) they protect human rights
d.) they regulate investment relations
Answer: d
COMPILED MCQsFOR MIDTERM PIL 2013-2014
40.) These are usual grounds for the
invalidation of contracts as well as treaties.
Which is not?
a.) error of fact
b.) error of law
c.) fraud
d.) corruption or duress
Answer: b
41. Under the UNCLOS, the extent of the
contiguous zone is:
a) 3 nautical miles from the lowest water
mark;
b) 12 miles from the outer limits;
c) 12 miles from the lowest water mark;
d) 200 miles from the outer limits
Answer: b
42. It is a maritime zone adjacent to the
territorial seas where the coastal state may
exercise certain protective jurisdiction:
a) baseline zone;
b) contiguous zone;
c) transit zone;
d) appurtenant zone.
Answer: b
43. the ____ states that a state has
jurisdiction to prosecute and punished for
crime commenced within the state but
consummated abroad.
a. subjective principle theory
b. alternative territorial principle
c. objective territorial principle
Answer: a
44. _____ is used to determine which of
the two states of which a person is a national
will be recognized as having the right togive
diplomatic protection to the holder of dual
nationality
a. the act of state doctrine
b. the principle of forum of conveniens
c. the doctrine of effective nationality link
Answer: c
45. In Forum non conveniens, the court needs
to weigh the private interest and public
interest factors. Which is not included in the
public interest factors?
a. congestion
b. desire to settle local controversies at home
c. having the case tried in a forum at home
with the applicable law
Answer: (d.) access to sources of proof
46. Choose the best answer. Stateless persons
are:
a. thosewho do not have a nationality
b. those who do not enjoy the protection of
any state
c. those who have a nationality but to whom
protection is denied by their state when out of
that state
Answer: c. those who have lost their
nationality, if they had one, and have not
acquired a new one.
47. The ____ authorizes the other UN
agencies to seek opinion from the ICJ.
a. General Secretary
b. Secretariat
COMPILED MCQsFOR MIDTERM PIL 2013-2014
c. Security Council
d. General Assemby
Answer: d
48. To what source of law does extradition
belong?
a. Customary law because it has been
practiced since ancient times.
b. Treaty because it is a result of a contract
between two sovereign states
c. General principles of law because it has
been used by majority of the states
d. All of the above
Answer: b
49. Under the UN Convention on the Law of
the Sea, the exclusive economic zone refers to
an area.
a. that is at least 100 miles from the
baselines from which the outer limit of the
territorial sea is measured
b. that is at least 200 miles but not to
exceed 300 miles from the baselines from
which the outer limit of the territorial sea is
measured
c. beyond and adjacent to a country's
territorial sea which cannot go beyond 200
nautical miles from the baselines from which
the outer limit of the territorial sea is
measured
d. that can go beyond 3 nautical miles but
cannot extend 300 nautical miles from the
baselines from which the outer limit of the
territorial sea is measured
e. None of the above.
Answer: c
50. This doctrine considers the general or
customary norms of international law as a
part of municipal law and are to be enforced
as such, without regard as to whether they
are enacted as statutory or legislative rules or
not:
a. accession;
b. incorporation;
c. accretion;
d. adoption.
Answer: B
51. Which of the following is not a principle
which governs extradition?
A. No state is obliged to extradite unless there
is a treaty.
B. The procedure is through diplomatic
channels.
C. Differences in legal system can be an
obstacle to interpretation of what the crime is.
D. Religious and political offenses are not
extraditable.
Answer: B
52. Which is not of resolving conflict of
jurisdiction?
A. Non bis in idem
B. The balancing test
C. International comity
D. Forum non conveniens
Answer: A
COMPILED MCQsFOR MIDTERM PIL 2013-2014