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Questions and Answers
What does the protective principle of jurisdiction allow a state to do?
What does the protective principle of jurisdiction allow a state to do?
Which of the following is an example of a universal crime?
Which of the following is an example of a universal crime?
Under which principle does a state exercise jurisdiction for crimes against its own nationals committed abroad?
Under which principle does a state exercise jurisdiction for crimes against its own nationals committed abroad?
What does the doctrine of state immunity prevent?
What does the doctrine of state immunity prevent?
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Which of the following is NOT a recognized exemption from jurisdiction?
Which of the following is NOT a recognized exemption from jurisdiction?
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What is the principle of universality concerned with?
What is the principle of universality concerned with?
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What principle allows states to take jurisdiction over acts committed on a Philippine ship?
What principle allows states to take jurisdiction over acts committed on a Philippine ship?
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Which of the following scenarios reflects the concept of diplomatic immunity?
Which of the following scenarios reflects the concept of diplomatic immunity?
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What is the primary role of the General Assembly in relation to the Security Council?
What is the primary role of the General Assembly in relation to the Security Council?
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Which of the following is NOT a responsibility of the General Assembly as outlined in Article 13?
Which of the following is NOT a responsibility of the General Assembly as outlined in Article 13?
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How many permanent members are there in the UN Security Council?
How many permanent members are there in the UN Security Council?
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Which of the following functions can the Security Council perform?
Which of the following functions can the Security Council perform?
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What is the maximum length of term for an elective member of the Security Council?
What is the maximum length of term for an elective member of the Security Council?
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What can the Security Council recommend to the International Court of Justice (ICJ)?
What can the Security Council recommend to the International Court of Justice (ICJ)?
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Which regions are represented by the elective members of the Security Council?
Which regions are represented by the elective members of the Security Council?
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What is the primary distinction between codification and crystallization in international law?
What is the primary distinction between codification and crystallization in international law?
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Under what condition can the General Assembly recommend measures for peaceful adjustments?
Under what condition can the General Assembly recommend measures for peaceful adjustments?
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According to international law principles, which rule states that a later treaty overrides a prior treaty in case of conflict?
According to international law principles, which rule states that a later treaty overrides a prior treaty in case of conflict?
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What characterizes a treaty's legal binding nature?
What characterizes a treaty's legal binding nature?
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Which factor is NOT essential in determining the existence of international custom?
Which factor is NOT essential in determining the existence of international custom?
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What two main elements comprise customary international law?
What two main elements comprise customary international law?
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What is meant by 'opinio juris' in the context of international custom?
What is meant by 'opinio juris' in the context of international custom?
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What is one common misconception about the development of international customs?
What is one common misconception about the development of international customs?
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Which of the following statements about treaties is true?
Which of the following statements about treaties is true?
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What is the primary purpose of a demarche?
What is the primary purpose of a demarche?
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Which document is considered the most important for high-level correspondence?
Which document is considered the most important for high-level correspondence?
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What is a note verbal in diplomatic communication?
What is a note verbal in diplomatic communication?
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What does personal inviolability refer to in diplomatic privileges?
What does personal inviolability refer to in diplomatic privileges?
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What is the meaning of 'persona non grata' in diplomatic terms?
What is the meaning of 'persona non grata' in diplomatic terms?
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Which of the following statements about diplomatic immunities and privileges is correct?
Which of the following statements about diplomatic immunities and privileges is correct?
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In the context of diplomatic privileges, what is the consequence of committing an act of violence?
In the context of diplomatic privileges, what is the consequence of committing an act of violence?
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What is the function of a pro memoria in diplomatic communication?
What is the function of a pro memoria in diplomatic communication?
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What is the primary responsibility of the Security Council under the UN Charter?
What is the primary responsibility of the Security Council under the UN Charter?
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What type of action may the Security Council take to prevent a conflict from worsening?
What type of action may the Security Council take to prevent a conflict from worsening?
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Which of the following actions is considered enforcement action by the Security Council?
Which of the following actions is considered enforcement action by the Security Council?
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What limitation is placed on the disputes that the Security Council can address?
What limitation is placed on the disputes that the Security Council can address?
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What role does the Secretary-General play regarding matters of international peace and security?
What role does the Secretary-General play regarding matters of international peace and security?
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Which of the following is a consequence of the veto power held by permanent members of the Security Council?
Which of the following is a consequence of the veto power held by permanent members of the Security Council?
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What does Article 25 of the UN Charter mandate members to do?
What does Article 25 of the UN Charter mandate members to do?
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Which article restricts the General Assembly from making recommendations during Security Council deliberations?
Which article restricts the General Assembly from making recommendations during Security Council deliberations?
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Study Notes
Treaty Codification
- Codification complies with existing obligations.
- Crystallization formalizes existing State practice as an obligation.
- Creation creates a treaty for the first time.
Treaty Governing Principles
- Lex posterior: later treaty overrides prior treaty if incompatible.
- Lex specialis: more specific treaty takes precedence in conflict with a general treaty.
Treaties
- Treaties can be bilateral or multilateral.
Primary Sources of Law
-
International Treaties and Conventions: Law between parties.
- Treaties are legally binding only on signatory states.
- States not giving consent may be bound by jus cogens, or provisions becoming customary law.
International Customs
- Evidence of a general practice accepted as law through long period of time.
-
Custom: Constant and uniform usage, accepted as law.
- It requires:
- Prevailing practice by numerous states
- Repetition over significant time
- Opinio juris (sense of legal obligation).
- It requires:
Two Main Elements of Custom
-
State practice: How states behave to form the basis of law.
- Includes what states do, don't do, say, or don't say.
- Sub-elements of state practice:
- General: Widespread among relevant states (universality not required).
- Uniform: Substantial uniformity is sufficient, as long as practices are extensive.
- Duration: Long enough period for crystallization.
- Instant custom: Not accepted by ICJ, some argue customs can develop rapidly.
-
Opinio juris: The belief that the state practice is legally required.
Protective Principle
- State has jurisdiction over actions abroad (by nationals or foreigners) that threaten national security or vital interests.
- Example: Art. 2 of the Revised Penal Code.
Principle of Universality
- Jurisdiction over universal crimes regardless of location or perpetrator.
- Universal crimes threaten the international community and are criminal offenses in all countries.
- Examples: piracy jure gentium, genocide, white slave trade, hijacking, terrorism, war crimes.
Jurisdiction Under Universality Principle
- Achieved through treaties.
- Examples: UN Convention on the Prohibition Against Torture, 1971 Montreal Convention for Suppression of Unlawful Acts Against the Safety of Civil Aircraft.
Principle of Passive Personality
- Jurisdiction over crimes against a state's nationals, even if committed abroad.
- Most controversial among the principles of jurisdiction.
Exemptions from Jurisdiction
-
Doctrine of State Immunity: States enjoy immunity from other states’ jurisdiction unless there is:
- Consent
- Immunity waiver
- Voluntary submission to jurisdiction.
-
Act of State Doctrine: Judicial branch of one state should not question actions of another sovereign state within its territory.
-
Diplomatic Immunity: Privilege of diplomatic agents and diplomatic mission personnel to be exempt from the laws of the host country.
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Immunity of the United Nations: The UN, as an international organization, enjoys substantial immunity from national court jurisdiction.
-
Foreign merchant vessels: Enjoy right of innocent passage, and arrival under distress.
-
Foreign armies: Passing through or stationed with state permission.
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Warships and public vessels: Operated for non-commercial purposes.
### Doctrine of State Immunity
- Based on the principle: "par in parem non habet imperium" (equal has no power over equal).
United Nations General Assembly
- Can call attention of the Security Council to situations that endanger international peace and security.
- Article 10: Powers shall not limit the general scope of Article 10.
-
Article 13: Initiates studies and makes recommendations to:
- Promote international co-operation in the political field: Encourage the development of international law and its codification.
- Promote international co-operation: In economic, social, cultural, educational, and health fields, assisting in the realization of human rights and freedoms.
- Article 14: Recommends measures for peaceful adjustment of situations threatening international peace and security.
### United Nations Security Council
- Key organ for international peace and security.
- Composed of five permanent members: China, France, Russia, the United Kingdom, and the United States.
- Ten elected members serving two-year terms:
- Five from African and Asian states
- Two from Latin American states
- Two from Western European and other states
- One from Eastern European states.
### Security Council Functions
- Functions continuously.
- Can investigate disputes endangering international peace and security.
- Offers itself for diplomatic negotiations.
- Recommends resolutions of disputes to the ICJ.
- Authorizes peace-keeping missions.
- Creates ad hoc tribunals (e.g., ICTR and ICTY).
- Imposes economic sanctions, arms embargoes, and naval blockades.
- Authorizes military action (e.g., Iraq) and use of force.
- Decisions under Chapter VII of the UN Charter (threats to or breaches of the peace) are binding on all UN members.
### Security Council Responsibilities
- Primary responsibility for maintaining international peace and security.
- Investigates disputes and encourages peaceful settlements.
- Recommends methods of settling disputes.
- Determines existence of threats to peace.
- Undertakes preventive and enforcement actions.
### Preventive Action
- Provisional measures to prevent conflict escalation.
- Deployment of peacekeeping and/or observer missions.
### Enforcement Action
- Deployment of air, sea, and land forces.
- Imposing a blockade.
### Domestic Jurisdiction Clause
- UN should only intervene in international disputes, not those solely within a state's domestic jurisdiction.
### Diplomatic Correspondence
- Demarche: Petition or protest to persuade, inform, or gather information from a foreign government.
- Aide-memoire: Informal summary of a diplomatic conversation.
- Diplomatic correspondence: Correspondence between state agents.
- First-person note: For most important correspondence, between chief of mission, head of foreign ministry, or a foreign diplomatic mission.
- Note verbal: Informal third-person note, more formal than an aide-memoire.
- Pro memoria: Formal note with written record of a diplomatic discussion.
- Voeu: Official expression of a wish or hope from an international conference.
### Diplomatic Immunities and Privileges
- Diplomatic envoy and members of the diplomatic retinue enjoy immunities and privileges.
### Personal Inviolability
- Diplomatic representative is inviolable.
- Not subject to arrest or detention.
- Receiving State must treat him with respect and prevent attacks.
- Example: RA 75 punishes assaults, strikes, or violence against ambassadors or ministers.
### The UN Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons
- Declares crimes against diplomatic agents to be international, not political.
### Temporary Arrest of a Diplomat
- Can be arrested temporarily in case of urgent danger.
- Must be released and sent home in a timely manner.
### Persona Non Grata
- Receiving State can declare a diplomatic agent persona non grata without an explanation.
- Sending State must recall the diplomat or the receiving state can refuse to recognize him.
### Official Acts
- Envoys enjoy permanent immunity for official acts.
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Description
This quiz covers the fundamentals of international law, focusing on treaty codification and governing principles. It explores the types of treaties, primary sources of law, and the role of international customs. Test your understanding of how treaties are formed, their legal implications, and the hierarchy among them.
