International Law and Statehood Quiz

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Questions and Answers

What is the significance of the Leviathan metaphor used by Thomas Hobbes in the context of international law?

It illustrates the absence of a global authority governing international transactions, contrasting sovereign control within territories.

How did early human civilizations manage their internal transactions before the development of international law?

They established basic rules-based systems to govern resource management and enforced them usually through brute force.

What early mechanism allowed Greek city-states to agree upon a common legal framework?

The establishment of a common Greek language as lingua franca and the influence of Greek philosophy helped unify political entities.

What distinction does the Roman concept of jus gentium make in international law?

Jus gentium refers to the law that applies universally to all people, contrasting with jus civile, which is exclusive to a specific state. Signup and view all the answers

What role did Canon Law play in the context of post-Roman Europe?

Canon Law provided a legal structure during the power vacuum following Rome's fall, governing Christian Europe through the Catholic Church. Signup and view all the answers

Why are early manifestations of international law not considered true 'international law'?

These laws were primarily extensions of local municipal laws, selectively applied and not universally enforced. Signup and view all the answers

What challenges did the Catholic Church face in establishing a legal order in the absence of Rome?

The Church struggled to maintain authority as Latin ceased to be a unifying lingua franca and had to rely on feudal lords for enforcement. Signup and view all the answers

In what ways did interactions between human organizations contribute to the development of international law?

As different organizations interacted, the need arose for mutual recognition of laws and practices, leading to the evolution of more formal international agreements. Signup and view all the answers

What entities, apart from States, can possess legal personality in international law?

International organizations, belligerent communities, and individuals in limited capacities can possess legal personality in international law. Signup and view all the answers

What is the primary purpose of mandamus in legal terms?

Mandamus is used to compel action and coerce the performance of a pre-existing duty. Signup and view all the answers

What are the four main elements of statehood?

The four main elements of statehood are government, permanent population, defined territory, and sovereignty. Signup and view all the answers

Who is considered the guardian of the Philippine archipelago?

The President of the Philippines is the guardian of the Philippine archipelago. Signup and view all the answers

How does the Declaratory Theory view state recognition?

The Declaratory Theory views state recognition as based on the actual possession of the required elements of statehood, rather than on recognition by other states. Signup and view all the answers

What are the constitutional restrictions on the President's foreign affairs powers?

Restrictions include policies on nuclear weapons, tariff rates, tax exemptions, foreign loans, and military bases. Signup and view all the answers

What is the key principle of the Constitutive Theory regarding state recognition?

The Constitutive Theory states that recognition by other states is what constitutes the existence of a state. Signup and view all the answers

What does the One-China Policy signify in international relations?

The One-China Policy signifies that countries, including Manila and Washington, recognize only one China, asserting that Taiwan is part of it. Signup and view all the answers

What form must the authorization for foreign military presence in the Philippines take?

Authorization must be in the form of a treaty duly concurred in by the Senate. Signup and view all the answers

What was the legal challenge posed by Bayan Muna regarding the JMSU?

Bayan Muna assailed the constitutionality of the Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU). Signup and view all the answers

In what areas can individuals have legal personalities according to the content?

Individuals can have legal personalities in international human rights disputes and in trade and investment issues. Signup and view all the answers

What principle does the Most-Favored-Nation (MFN) policy uphold in international trade?

The MFN principle mandates that any tariff reductions negotiated with one country must be extended to all GATT signatories. Signup and view all the answers

Which entities were involved in the Tripartite Agreement for the JMSU?

The entities involved were China National Offshore Oil Corporation (CNOOC), Vietnam Oil and Gas Corporation (PETROVIETNAM), and Philippine National Oil Company (PNOC). Signup and view all the answers

What is the National Treatment Clause in the context of international trade?

The National Treatment Clause requires that countries do not favor their local products over similar foreign products. Signup and view all the answers

What impact does the temporary absence of a community have on statehood?

Temporary absence due to foreign occupation does not terminate the existence of a state. Signup and view all the answers

How did the Uruguay Round contribute to the establishment of the WTO?

The Uruguay Round concluded in 1994 and proposed the creation of a new institution, leading to the establishment of the WTO in 1995. Signup and view all the answers

What is the capacity for a state in terms of international relations?

A state must have the capacity to enter into relations with other states, indicating its sovereignty. Signup and view all the answers

What discretion does the President hold in foreign affairs according to the content?

The President has the sole authority in deciding how to address disputes with foreign nations. Signup and view all the answers

What significant change occurred in global tariff rates from 1947 to the end of the Uruguay Round?

The average global tariff rate decreased from 22% in 1947 to just 5% by the end of the Uruguay Round. Signup and view all the answers

What must concur for the contracting of foreign loans on behalf of the Philippines?

The contracting or guaranteeing of foreign loans must be previously concurred in by the Monetary Board. Signup and view all the answers

What was the Bali Package, and why was it significant?

The Bali Package, approved in 2013, was the first trade agreement reached through the WTO that lowered tariffs and agricultural subsidies. Signup and view all the answers

What distinguishes the WTO from GATT in terms of the agreements it covers?

Unlike GATT, WTO agreements encompass not just goods but also trade in services and issues related to intellectual property. Signup and view all the answers

Who can join the WTO, and what is an example of a member entity?

The WTO can be joined by both States and customs territories with full autonomy in trade policies, such as the Philippines. Signup and view all the answers

What role do exceptions to MFN, such as Free Trade Areas, play in international trade?

Exceptions like Free Trade Areas allow countries to negotiate preferential trade agreements based on geographic considerations. Signup and view all the answers

What is the primary purpose of a tariff?

To obtain revenues and influence competition and trade. Signup and view all the answers

According to the 1987 Philippine Constitution, who can originate tariff bills?

The House of Representatives. Signup and view all the answers

What role does the President play in setting tariff rates in the Philippines?

The President can fix or adjust specified rates within limits authorized by Congress. Signup and view all the answers

What is one condition under which the President may modify existing protective rates of duties?

Based on recommendations from the National Economic Development Authority (NEDA). Signup and view all the answers

Define a Free Trade Area (FTA).

A group of countries that agree to lessen or remove tariff and non-tariff barriers on traded goods and services. Signup and view all the answers

What is required before NEDA submits tariff recommendations to the President?

A public hearing must be conducted by the Tariff Commission. Signup and view all the answers

What must be complied with for the treatment of non-FTA countries under GATT standards?

The treatment accorded to non-FTA countries must still comply with GATT standards. Signup and view all the answers

What is the difference between a Free Trade Area and a Customs Union?

An FTA allows independent external trade, while a Customs Union mandates a common external tariff. Signup and view all the answers

Study Notes

History of International Law

Early manifestations of International Law were rooted in Greek City-States (Amphictyonic League), Roman Republic/Empire (jus gentium), and Canon Law.
These early forms were not truly 'international law' as they were just extended municipal laws governing a larger sovereign collective.
Contemporary international law recognizes legal personality for states, international organizations, belligerent communities, and individuals in a limited capacity.
International Business Agreements are entered into by States.

Elements of Statehood

States have five elements: government, permanent population, defined territory, sovereignty, and capacity to enter into relations with other states.
The absence of a government or foreign occupation does not terminate a state's existence.

Theories on State Recognition

Declaratory Theory: statehood is based on the possession of the necessary elements, not on recognition by other states.
Constitutive Theory: recognition by other states is what constitutes a state.

The Case of Taiwan

The One-China Policy is followed by Manila, Washington, and other governments worldwide.
The President has extensive foreign relations power, but there are constitutional restrictions on their authority.

GATT to WTO

In the 1960s and 1970s, States began including non-tariff agreements (like anti-dumping measures) to further liberalize and equalize trade.
The General Agreement on Tariffs and Trade (GATT) follows a trade without discrimination principle.
GATT standards include the Most-Favored-Nation (MFN) Principle and the National Treatment Clause.
The World Trade Organization (WTO) was established by the Marrakesh Agreement in 1995, incorporating the principles of the GATT and expanding coverage to services and intellectual property.
The Philippines joined the WTO in 1995.
Not only States but also customs territories having full autonomy of their trade policies may join the WTO (e.g., Taiwan and Hong Kong).

Tariffs and Customs

Tariffs are taxes on imports or exports.
Customs are restrictions on importing or exporting goods.
The 1987 Philippine Constitution mandates that tariff rates be imposed by law and allows the President to adjust specific rates within limits set by Congress.
The Tariff and Customs Code of the Philippines allows the President to adjust tariff rates, impose import quotas, or ban imports upon recommendation of the NEDA.
Public hearings are required before NEDA submits recommendations to the President.

Economic Integration

Economic integration involves different levels of cooperation among countries: free trade areas, customs unions, common markets, single markets/economic unions, monetary unions, and political unions.

Free Trade Area

A Free Trade Area (FTA) is a group of countries that agree to reduce or remove tariff and non-tariff barriers on goods and services traded within the FTA.
Each State in an FTA retains the right to independently trade with countries outside the FTA.
Trading with non-FTA members still needs to comply with General Agreement on Tariffs and Trade (GATT) standards.

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Description

Test your knowledge on the history and principles of international law and the key elements that define statehood. Explore the early origins of international law and contemporary theories on state recognition. This quiz covers foundational concepts essential for understanding international relations.