PUBLIC INTERNATIONAL LAW BAR EXAM QUESTIONS WITH VERIFIED ANSWERS
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Course
PUBLIC INTERNATIONAL LAW
Institution
PUBLIC INTERNATIONAL LAW
PUBLIC INTERNATIONAL LAW BAR EXAM QUESTIONS
WITH VERIFIED ANSWERS
1. Q. The legal yardstick
in determining whether
usage has become
customary international
law is expressed in the
maxim opinio juris sive
necessitates or opinio
juris for short. What
does the maxim mean?
(3%)
2. Q. Under ...
PUBLIC INTERNATIONAL LAW BAR EXAM QUESTIONS
WITH VERIFIED ANSWERS
1. Q. The legal yardstick A. The maxim "opinio juris sive necessitates" or
in determining whether simply "opinio juris" means that States observe a
usage has become practice or a norm out of a
customary international sense of legal obligation or a belief in its juridical
law is expressed in the necessity. Opinio juris is the subjective element of
maxim opinio juris sive international customs, the
necessitates or opinio objective element being the long and consistent
juris for short. What practice of States.
does the maxim mean?
(3%)
2. Q. Under international A. "Hard law" refers to binding international legal
law, differentiate "hard norms or those which have coercive character.
law" from "soft law". "Soft law," on the other hand, refers
(3%) to norms that are non-binding in character but still
have legal relevance. Examples of "hard law" are
the provisions of the
U.N. Charter, the Vienna Convention on Diplomatic
Relations, the Geneva Conventions of 1949 and
other treaties in force.
Examples of "soft law" are resolutions of the U.N.
General Assembly and draft articles of the Interna-
tional Law Commission.
Soft law usually serves as a precursor of hard law.
The Universal Declaration of Human Rights is one
such example. It was a "soft
law" when it was adopted by resolution of the U.N.
General Assembly in 1948, but it has led to the
development of "hard law"
with the adoption of two binding covenants on hu-
man rights, i.e., the International Covenant on Civil
and Political Rights and
the International Covenant on Economic, Social
and Cultural Rights.
3. Q. May a treaty vio- A. Yes, a treaty may violate international law when
late international law? at the time of its conclusion, it conflicts with a
If your answer is in peremptory norm of general
the affirmative, explain international law (jus cogens) or if its conclusion
, PUBLIC INTERNATIONAL LAW BAR EXAM QUESTIONS
WITH VERIFIED ANSWERS
when such may happen. has been procured by the threat or use of force in
If your violation of the principles of
answer is in the nega- international law embodied in the Charter of the
tive, explain why. (5%) United Nations. (Vienna Convention on the Law of
Treaties, Arts. 52 & 53)
4. Q. The President alone A. The Supreme Court should sustain the validity
without the concur- of the treaty abrogation. While the Constitution is
rence of the Senate ab- express as to the manner
rogated a treaty. As- in which the Senate shall participate in the rati-
sume that the other fication of a treaty, it is silent as to that body's
country-party to participation in the abrogation of
the treaty is agreeable a treaty. In light of the absence of any constitutional
to the abrogation pro- provision governing the termination of a treaty, and
vided it complies with the fact that different
the Philippine Constitu- termination procedures may be appropriate for dif-
tion. If a case involving ferent treaties, the case must surely be controlled
the validity by political standards,
of the treaty abroga- even more so because it involves the conduct of
tion is brought to the foreign relations.
Supreme Court, how
should it be resolved?
(6%)
5. William, a private Amer- Ans. No, William is not correct. While Article 22
ican citizen, a university of theVienna Convention on Diplomatic Relations
graduate and frequent provides that the premises
visitor to the Philip- of a diplomatic mission shall be inviolable, and may
pines, was inside the not be entered by the police or by any other agent
U.S. of the receiving State,
embassy when he got except with the consent of the Ambassador or the
into a heated argument head of the mission, it does not alter the fact, how-
with a private Filipino ever, that such premises
citizen. Then, in front of are still part of Philippine territory. The concept of
many shocked witness- "exterritoriality," under which diplomatic premises
es, he are deemed to be part of
killed the person he was the sovereign territory of the sending State, has not
arguing with. The police been adopted in the Vienna Convention. Hence, a
came, and brought him crime committed on or
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