SPC Pil Quiz 1 B

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San Pablo Colleges

COLLEGE OF LAW
QUIZ NO. 1 - SECTION B
JD 211 – PUBLIC INTERNATIONAL LAW
September 12, 2022 7:00 – 8:30 PM

INSTRUCTIONS
1. Use yellow pad paper as answer sheets. Print your name, year and section (all in
capital letters, family name first), on the first line of the answer sheet and write
the page number of every sheet in the upper right hand corner.
2. This quiz consists of PART I – THIRTY-FOUR (34) multiple choice questions with a
weight of one-half (1/2) point each and PART II – and two 6 - point TRUE OR
FALSE item questions and a 3 - point enumeration item. All items have to be
answered within 80 minutes.
3. For your MCQ answers, write the letter answers in CAPITAL FORM vertically
downwards below your name in FIVE (5) parallel columns as follows: 1st column-
nos. 1-7, 2nd column-nos. 8-14, 3rd column-nos. 15-21, 4th column-nos.22-28
and 5TH column 29-34.
4. For proctoring purposes, keep your zoom camera on video mode and the same
must be focused to you during the duration of the quiz. Observe the highest
degree of academic honesty while taking the quiz.
5. Scan or take photos of your answer sheets and send the same with file name
PIL_[surname] [first name] immediately before the end of the class hour to my
official email address ([email protected]).
6. Should there be problems in sending your answers, inform me immediately via
zoom chat or thru text message: 0920 631 9488 (Smart) or 0977 133 5185
(Globe).

GOOD LUCK!
PART I. MCQ.
_01. The branch of public law consisting of a body of legal principles, norms
and processes which regulates the relations of States and other
international persons
A) Public International Law
B) Private International Law
C) Municipal Law
D) both A & B

_02. A part of the law of a State which determines whether an event or


transaction between private individuals and entities involving a foreign
element, the law of some other States will be recognized. (See the
answer in no. 01)
_03. Adopted by states as a common rule of action (see no. 1)
_04. Regulates relations of individuals among themselves or with their own
state (see no. 1)
_05. Which of the following is not a primary or direct source of international
law?
A) Vienna Convention on the Law of Treaties
B) prohibition against slavery and torture
C) Pacta Sunt Servanda
D) Decisions of International Tribunals,

_06. It is not really a source of international law but merely a subsidiary


means to find what the law is and whether a norm has been accepted as
a rule in international law
A) Doctrine of Res Judicata
B) Right of Angary
C) Decisions of international tribunals
D) Principle of jus cogens
_07. It affirms that international law and municipal law are distinct and
separate, each is supreme in its own sphere and level of operation.
A. Principle of Monism
B. Principle of Dualism
C. Lex posterior derogat priori
D. Ex aequo et bono

_08. Under the Doctrine of Transformation, principles of international law


may become a part of municipal law of the Philippines
A) when Congress enacts such principles as are sought to be part of
municipal law
B) when the President ratifies a treaty with the concurrence of the
Senate in treaties by at least two-thirds of all its members
C) when the Constitution declares international law to have the force
of domestic law
D) either A & B

_09. International conventional rules may be transformed into a valid and


effective domestic law of the Philippines
A) under the Incorporation Clause of the Philippine Constitution
B) under the Treaty Clause of the Philippine Constitution
C) Either under the Incorporation Clause and Treaty Clause of the
Philippine Constitution
D) under the Vienna Convention on the Law of Treaties

_10. When the Constitution declares international law to have the force of
domestic law
A) Doctrine of Incorporation
B) Doctrine of Transformation under the Treaty Clause
C) Doctrine of Transformation thru legislation
D) All of the above
_11. International customary rules may be adopted as part of a municipal law
of the Philippines
A) under the Incorporation Clause of the Philippine Constitution
B) under the Treaty Clause of the Philippine Constitution
C) both under the Incorporation Clause and the Treaty Clause of The
Constitution
D) under the Charter of the United Nations

_12. It involves the application of the principle of what is good and just also
known as the rule on equity for as long as the parties to the dispute have
to agree thereto.
A) action popularis
B) ex aequo et bono
C) erga omnes
D) lex forei

_13. The obligations of a State towards the international community as a


whole which all States can be held to have a legal interest in their
protection are known as
A) obligation jus cogens
B) obligations erga omnes
C) obligations under international agreements
D) obligations under the law of treaties

_14. Customary international law which has the status of a peremptory norm
accepted and recognized by the international community of States as a
whole from which no derogation is permitted.
A) jus cogens
B) erga omnes
C) action popularis
D) ex aequo et bono
_15. Peremptory norm of general international law can be modified only by
A) international treaties or agreements.
B) a subsequent norm of general international law having the same
character.
C) general principles of law.
D) any of the above

_16. In the event of a conflict between the obligations of the Members of the
UN under the present UN Charter and their obligations under any
other international agreements, their obligation under the present
Charter shall prevail. This is known as
A. obligation erga omnes
B. Supremacy Clause of the UN Charter
C) Principle of Monism
D. lex posterior derogat priori

_17. A resolution or declaration of the UN General Assembly becomes a


primary source of international law
A) upon acceptance by majority of the UN members
B) when the resolution or declaration develops into a customary
international law
C) when it is resorted to reflect and respond to the changing needs and
demands of constituents of international organizations
D) both A and B

_18. Recognition is the last indispensable element that converts the state
being recognized into an international person.
A) Constitutive Theory
B) Declarative Theory
C) Recognition de Jure
D) Recognition de Facto
_19. The act of recognition of a State by a recognizing State may not be
compelled because
A) it is a public act
B) it is a discretionary act
C) it is a political act
D) it is a ministerial act
E) both B & C

_20. Which of the following may not be the subject of recognition by a State?
A) state
B) government
C) belligerency
D) insurgency
E) none of the above

_21. In the Philippines, who has the authority to recognize states and
governments?
A) President
B) Congress
C) Senate
D) President upon concurrence of the Senate
E) President upon concurrence of Congress voting separately

_22. A principle which states that the disappearance of any of the elements
of statehood would cause the extinction of the State, but mere changes
as to one or more of the elements would not necessarily, as a rule, bring
about such extinction.
A) Principle of State Responsibility
B) Principle of State Continuity
C) Act of State Doctrine
D) Principle of State Recognition
_23. Which of the following is a direct subject of international law that it can
directly assert rights and be held directly responsible under the law of
nations.
A) States
B) colonies and dependencies
C) the United Nations
D) all of the above mandates

_24. Which of the following is an indirect subject of international law because


they are incomplete subjects
A) protectorates
B) mandates and trust territories
C) the Holy See
D) all of the above
E) only A & B

_25. Private individuals can be regarded as subjects of international law


A) if these individuals observe neutrality in times of peace
B) if these individuals observe neutrality in times of war
C) in the field of the recognition of fundamental human rights.
D) All of the above
E) none of the above

_26. It is the right to exercise in one’s territory, to the exclusion of any other
State, the functions of a State.
A) Territorial Sovereignty
B) Territorial Integrity
C) Doctrine of Effective Occupation
D) jus postliminium
_27. The authority possessed by the state embraced in the concept of
sovereignty.
A) Imperium
B) Independence
C) Dominium
D) Jus Postliminium

_28. The capacity of a state to own or acquire property including lands held
by the state in its proprietary capacity.
A) Imperium
B) Dominium
C) Territorial Sovereignty
D) Jura Regalia

_29. A state may with its consent, express or implied, submit a restriction of
its sovereign rights
A) restrictive sovereign immunity
B) absolute immunity
C) Principle of Auto-limitation
D) Act of State Doctrine

_30. It is the right to exercise in one’s territory, to the exclusion of any other
State, the functions of a State.
A) Territorial Sovereignty
B) Territorial Integrity
C) Doctrine of Effective Occupation
D) jus postliminium

_31. Under the Principle of Lex Posterior Derogat priori


A) an old treaty may be amended by a new law
B) a new treaty may amend an old law
C) both A & B
D) none of the above
_32. They are norms of general or customary international law which are
binding on all states and are valid through all kinds of human societies.
A) generally accepted principles of international law
B) Opinio juris
C) Lex forei
D) Reciprocity

_33. A state may with its consent, express or implied, submit a restriction of
its sovereign rights
A) restrictive sovereign immunity
B) absolute immunity
C) Principle of Auto-limitation
D) Act of State Doctrine
_34. Under the UN Charter, which of the following modes of acquiring
territory is no longer recognized
A) accretion
B) prescription
C) conquest
D) none of the above

PART II. TRUE OR FALSE/ENUMERATION


1) TRUE OR FALSE. State with reason whether the following statements are
true or false:
A) Private individuals can never be a subject of public international law.
(3 pts.)
B) Changes as to one or more of the elements of the State would
necessarily bring about the extinction of the State and such State
would no longer be regarded as an international person. (3 pts.)
2) Name three (3) requirements for recognition of government. (3 pts.)

-NOTHING FOLLOWS-

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