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What is the significance of the Leviathan metaphor used by Thomas Hobbes in the context of international law?
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?
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?
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?
What distinction does the Roman concept of jus gentium make in international law?
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What role did Canon Law play in the context of post-Roman Europe?
What role did Canon Law play in the context of post-Roman Europe?
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Why are early manifestations of international law not considered true 'international law'?
Why are early manifestations of international law not considered true 'international law'?
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What challenges did the Catholic Church face in establishing a legal order in the absence of Rome?
What challenges did the Catholic Church face in establishing a legal order in the absence of Rome?
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In what ways did interactions between human organizations contribute to the development of international law?
In what ways did interactions between human organizations contribute to the development of international law?
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What entities, apart from States, can possess legal personality in international law?
What entities, apart from States, can possess legal personality in international law?
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What is the primary purpose of mandamus in legal terms?
What is the primary purpose of mandamus in legal terms?
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What are the four main elements of statehood?
What are the four main elements of statehood?
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Who is considered the guardian of the Philippine archipelago?
Who is considered the guardian of the Philippine archipelago?
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How does the Declaratory Theory view state recognition?
How does the Declaratory Theory view state recognition?
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What are the constitutional restrictions on the President's foreign affairs powers?
What are the constitutional restrictions on the President's foreign affairs powers?
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What is the key principle of the Constitutive Theory regarding state recognition?
What is the key principle of the Constitutive Theory regarding state recognition?
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What does the One-China Policy signify in international relations?
What does the One-China Policy signify in international relations?
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What form must the authorization for foreign military presence in the Philippines take?
What form must the authorization for foreign military presence in the Philippines take?
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What was the legal challenge posed by Bayan Muna regarding the JMSU?
What was the legal challenge posed by Bayan Muna regarding the JMSU?
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In what areas can individuals have legal personalities according to the content?
In what areas can individuals have legal personalities according to the content?
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What principle does the Most-Favored-Nation (MFN) policy uphold in international trade?
What principle does the Most-Favored-Nation (MFN) policy uphold in international trade?
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Which entities were involved in the Tripartite Agreement for the JMSU?
Which entities were involved in the Tripartite Agreement for the JMSU?
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What is the National Treatment Clause in the context of international trade?
What is the National Treatment Clause in the context of international trade?
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What impact does the temporary absence of a community have on statehood?
What impact does the temporary absence of a community have on statehood?
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How did the Uruguay Round contribute to the establishment of the WTO?
How did the Uruguay Round contribute to the establishment of the WTO?
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What is the capacity for a state in terms of international relations?
What is the capacity for a state in terms of international relations?
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What discretion does the President hold in foreign affairs according to the content?
What discretion does the President hold in foreign affairs according to the content?
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What significant change occurred in global tariff rates from 1947 to the end of the Uruguay Round?
What significant change occurred in global tariff rates from 1947 to the end of the Uruguay Round?
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What must concur for the contracting of foreign loans on behalf of the Philippines?
What must concur for the contracting of foreign loans on behalf of the Philippines?
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What was the Bali Package, and why was it significant?
What was the Bali Package, and why was it significant?
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What distinguishes the WTO from GATT in terms of the agreements it covers?
What distinguishes the WTO from GATT in terms of the agreements it covers?
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Who can join the WTO, and what is an example of a member entity?
Who can join the WTO, and what is an example of a member entity?
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What role do exceptions to MFN, such as Free Trade Areas, play in international trade?
What role do exceptions to MFN, such as Free Trade Areas, play in international trade?
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What is the primary purpose of a tariff?
What is the primary purpose of a tariff?
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According to the 1987 Philippine Constitution, who can originate tariff bills?
According to the 1987 Philippine Constitution, who can originate tariff bills?
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What role does the President play in setting tariff rates in the Philippines?
What role does the President play in setting tariff rates in the Philippines?
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What is one condition under which the President may modify existing protective rates of duties?
What is one condition under which the President may modify existing protective rates of duties?
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Define a Free Trade Area (FTA).
Define a Free Trade Area (FTA).
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What is required before NEDA submits tariff recommendations to the President?
What is required before NEDA submits tariff recommendations to the President?
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What must be complied with for the treatment of non-FTA countries under GATT standards?
What must be complied with for the treatment of non-FTA countries under GATT standards?
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What is the difference between a Free Trade Area and a Customs Union?
What is the difference between a Free Trade Area and a Customs Union?
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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.