PIL MIDTERMS QUIZ 2

What is a subject in international law?

An entity that has rights and responsibilities under international law; it can be a proper party in transactions involving the application of the law of nations among members of the international community

What is an object in international law?

A person or thing in respect of which rights are held and obligations assumed by the subject; it is not directly governed by the rules of international law

What is the traditional view of subjects of international law?

(1) Only states are considered as the proper subjects of IL
(2) States are the ultimate representatives of individuals, whole territories, and entire communities

Enumerate the 10 subjects of IL

(1) States
(2) Colonies
(3) Dependencies
(4) Mandates
(5) Trust territories
(6) Holy See (Vatican City)
(7) United Nations
(8) Belligerent-communities
(9) International administrative bodies
(10) Individuals, to some extent

What is a state

A group of people, living together in a fixed territory, organized for political ends under an independent government, and capable of entering into relations with other states

What are the 4 elements of statehood according to Article 1 of the 1933 Montevideo Convention

(1) Permanent population
(2) Defined territory
(3) Government
(4) Capacity to enter into relations with other states

What are non-self-governing territories?

(1) Territories with restricted control over relations with other states
(2) They have international personality but are not considered states

Are there ways where a non-self-governing territory can be considered a state?

yes.
(1) through exercise of self-determination where it manages to seize control of its own affairs
(2) when it is granted independence by its colonizer

What are the 4 characteristics of statehood?

(1) Ability to enter into treaties and agreements with other states
(2) Independence in handling domestic affairs
(3) Freedom from jurisdiction of intl. tribunals unless they give consent
(4) Theoretical equality

According to the Supreme Court, is there a continuity of the state and its commitment to IL even when the constitution is not in effect?

yes

What is the concrete basis of statehood aside from the 4 elements?

UN membership

What are the 3 other suggested elements of a state?

(1) Civilization
(2) Recognition
(3) Willingness to observe international law

What is the Constitutive (minority view) theory of recognition?

(1) Recognition is compulsory and legal
(2) Recognition can be compelled once elements of statehood are established

What is the Declarative (majority view) theory of recognition?

(1) Recognition merely affirms an existing fact, like the State’s possession of the elements
(2) Recognition is discretionary and political

Recognition of another state is typically the duty of which branch of a state?

executive (it doesn’t require judicial review)

What is the Tobar/Wilson Doctrine of recognizing a government?

No recognition of a government established through revolution until it undergoes constitutional reorganization by free election

What is the Stimson Doctrine of recognizing a government?

No recognition of a government established through external aggression (no exceptions mentioned)

What is the Estrada Doctrine of recognizing a government?

States can deal with a government without formally recognizing it

Its just an ‘acceptance’ of which government is in control

Aside from de facto and de jure, recognition of a state may also be (1)_____ and (2)_____

(1) express
(2) implied

What is the de facto recognition of a state?

(1) A state gives recognition, believing that some requirements for recognition are absent
(2) Recognition is limited and does not provide full diplomatic relations

What is the de jure recognition of a government?

(1) Recognition is given to a government who completed all requirements for recognition
(2) Recognition is permanent and provides full diplomatic relations and other rights

What are the 5 effects of recognition of a state?

(1) diplomatic relations
(2) right to sue in courts of recognizing state
(3) immunity from jurisdiction
(4) entitlement to property within recognizing state
(5) retroactive validation of acts of recognized state

What are the 4 conditions for recognizing the status of belligerency?

(1) organized civil government overseeing the armed struggle
(2) serious and widespread struggle with uncertain outcome
(3) occupation of substantial portion of natl. territory
(4) willingness of rebels to observe rules of war

What are the 4 effects of recognition of belligerency?

(1) responsibility of acts of rebels resulting in injury to nationals are shifted to rebel gov.
(2) legitimate gov. recognizing rebels shall observe laws of war in conducting hostilities
(3) third states recognizing belligerency shall maintain neutrality
(4) recognition is only provisional and for purpose of hostilities

What the 6 ways which lead to creation of states?

(1) Revolution
(2) Unification
(3) Secession
(4) Assertion of Independence
(5) Agreement
(6) Attainment of Civilization

What are the 3 ways which can lead to extinction of a state?

(1) extinction or mass emigration of population
(2) loss of territory
(3) overthrow of gov. causing anarchy

Succession of states may be universal or partial

What are the 3 consequences?

(1) political laws are revoked while municipal laws remain
(2) treaties discontinued, except those dealing with local rights and duties
(3) all rights of predecessor state are inherited, but successor state can assume and reject liabilities at its discretion

Do conquered states have international personality in IL?

no

Changes in government does not affect integrity of state

What are the 3 consequences of succession of governments?

(1) all rights of predecessor gov. are inherited by successor
(2) if new gov. is organized through constitutional reform ratified in plebiscite, all obligations of predecessor are assumed
(3) if new gov. is established through violence, it may lawfully reject purely personal or political obligations of predecessor

What are the 3 classes of states?

(1) independent
(2) dependent
(3) neutralized

Independent states can be of 2 types, what are they?

(1) SIMPLE. single central government, with power over internal and external affairs
(2) COMPOSITE. Two or more sovereign states joined together to constitute one intl. person

The composite type of independent state can be of 2 types, what are they?

(1) REAL UNION. two or more states merge into unified authority to form single intl. person to act as one entity. states remain separate identities, but their intl. personalities are blended

(2) FEDERAL UNION. two or more states which, upon merger, cease to be states, creating a new state with full intl. personality. authority over internal affairs is divided between federal authority and member state. authority over external affairs is handled only by federal authority

Is a dependent state theoretically a state?

yes

The following are kinds of dependent states, explain each:

(1) Protectorate
(2) Suzerainty

(1) a weaker state requests for protection by a strong power
(2) a former colony which have been granted independence by former colonizer but is subject to restrictions in external affairs

(1) The Holy See has all 4 elements of statehood, its independence is by virtue of which treaty?

(2) Since when did the Philippines began diplomatic ties with the Holy See?

(1) Lateran Treaty (February 11, 1929)
(2) 1957

Differentiate the Holy See and Vatican City

(1) Holy See is the sovereign, government, and has intl. personality
(2) Vatican City is the territory which the Holy See governs

Explain the following:

(1) Colony
(2) Dependency

(1) a dependent political community with citizens of the same country who migrated therefrom to inhabit another country, they remain subject to the mother state
(2) a territory distinct from the country where the sovereign power resides, but belongs rightfully to it, and is subject to its rules

What are mandate territories

Former territorial possessions of states defeated in WW1 and placed under the control of the League of Nations

Many of them became trust territories placed under the control of the Trusteeship Council of the United Nations

What is a condominium territory?

a territory jointly administered by two states

Before United Nations, there was the League of Nations which was created by virtue of which treaty?

Treaty of Versailles

The UN charter was signed in which conference?

san francisco conference (1945)

The UN charter is a treaty which consists of?

a preamble
19 chapters
111 articles
concluding provisions

Amendments to the UN charter requires a vote of?

2/3

What are the 5 purposes of the UN?

(1) prevention of war
(2) maintenance of intl. peace and security
(3) development of friendly relations among members of intl. community
(4) attainment of intl. cooperation
(5) harmony in the action of nations

Membership to the UN is based on manner of (1)_____, members may be (2)_____ and (3)_____

(1) admission
(2) original
(3) elective

What are the 4 qualifications for UN membership?

(1) must be a state
(2) peace loving
(3) accept obligations under the charter
(4) be able and willing to carry out obligations

Admission to the UN required a vote of?

2/3

Suspension of a UN member-state requires 2/3 vote. To lift the suspension requires a vote of?

qualified majority vote of security council

What are the consequences for a suspended member-state of the UN?

(1) cannot participate in meetings of the general assembly
(2) cannot be elected or continue to serve in security council, trusteeship council, economic and social council
(3) nationals may continue serving in the Secretariat and ICJ

Expulsion of a member-state of the UN requires a vote of?

2/3 of general assembly

What is the provision on withdrawal of a member-state of the UN?

no provisions regarding withdrawal

UN general assembly consists of all member-states. Each are entitled to send not more than how many representatives and alternates?

5 representatives
5 alternates

What are the 5 functions of UN general assembly

(1) deliberative
(2) supervisory
(3) financial
(4) elective
(5) constituent

How often is the session of UN general assembly held?

once a year

In the UN, a vote of 2/3 of members present and voting is required on 6 important questions, what are they?

(1) Peace
(2) Security
(3) Membership
(4) Elections
(5) Trusteeship system
(6) Budget

Who are the 5 permanent members of the UN security council?

(1) China
(2) France
(3) Russia
(4) United Kingdom
(5) United States

Aside from the 5 permanent members, the UN security council also consists of 10 elective members, elected for a (1)___ year term by the general asembly.

(2)___ from Africa and Asia
(3)___ from Latin America
(4)___ from Western Europe and other state
(5)___ from Eastern European states

(1) 2
(2) 5
(3) 2
(4) 2
(5) 1

What is preventive action?

provisional measures to prevent a conflict from worsening

it may involve deployment of peacekeeping and observer missions to a host country (with consent)

What is enforcement action?

consist in the deployment of air, sea, and land forces, or the institution of a blockade

Differentiate procedural and non-procedural matters in UN security council

(1) procedural matters are to be decided by affirmative vote of any 9 or more members
(2) non-procedural matters are decided by concurrence of at least 9 members including all permanent members

In UN security council, the determination of whether a matter is procedural or substantive is _____

This allows for the so-called “double veto” by a permanent member

non-procedural

What is the UN economic and social council?

consists of 54 members elected by general assembly for a 3-year term

Works toward higher standard of living and solving common global problems

Decisions are reached by simple majority vote

How is the UN secretary general selected?

chosen by the general assembly upon recommendation of the security council

What is the composition of the ICJ?

- composed of 15 members elected for a term of 9 years by absolute majority vote in the general assembly and security council in separate elections

- no two must be nationals of the same state

What are the 2 main duties of the ICJ?

(1) provide advisory opinion on contentious cases
(2) decide on interpretation of treaties, any question of IL, breach of intl. obligations, and reparations for breach of intl. obligation

The ICJ does not follow the doctrine of stare decisis. What does that mean?

decisions made on a particular case are only applicable to the parities involved

What are some examples of belligerent communities?

(1) liberation movements
(2) insurgent communities

Administrative bodies created by agreement among states may be vested international personality, provided that?

(1) they are non-political
(2) autonomous
(3) not subject to control by any state

What is the International Law Commission

created by the UN to promote codification and progressive development of IL

Which convention was regarded as one of the most fundamental treaties that tries to put order to the relationship between states and international organizations?

Vienna Convention on the Law of Treaties (VCLT)

Who is the current Secretary-General of the United Nations?

António Guterres

Why is there a need to distinguish the subjects and objects of IL?

to know which has an international personality in the international sphere

As a general rule, who are the objects of IL?

(1) individuals
(2) corporations
(3) companies

What is the last trust territory of the UN?

Palau, it gained independence in 1994

What is the specific size of Vatican City’s territory?

108.7 acres

Is the Vatican City a member of the UN?

its only an observer state

What is the Vatican City’s equivalent of an ambassador?

papal nuncio

Once a state gains all elements of statehood and the recognition of other states, which principle will now apply?

principle of continuity

Do colonies and dependencies have a legal standing in the family of nations?

none

Why was the system of mandates established after WWI?

(1) to avoid outright annexation of the underdeveloped territories taken from the defeated powers
(2) to place their administration under some forms of international supervision

What are the 3 kinds of trust territories?

(1) Those held under the mandate of the League of Nations
(2) Those territories detached from the defeated states after WW2
(3) Those voluntarily placed under the system by the states responsible for their administration

For the purposes of the (1)_____, and pending determination of whether or not the belligerent community should be fully recognized as a (2)_____, it is treated as an (3)_____ and becomes directly subject to the laws of (4)_____ and (5)_____

(1) conflict
(2) state
(3) international person
(4) war
(5) neutrality

An (1)_____ state is vested with full rights of (2)_____, search and seizure of (3)_____ articles on high seas, (4)_____ and the like

(1) inchoative
(2) visitation
(3) contraband
(4) blockade

International administrative bodies are created by agreement among states. May be vested with international personality when 2 conditions occur. What are they?

(1) their purposes are mainly non-political
(2) they are autonomous

Which treaty confers individuals the right to bring suit against states before national or international tribunals?

Treaty of Versailles

Non-procedural (Substantive) matters refer to issues concerning (1)_____and (2)_____, all 5 permanent members of the Security Council must be present

(1) peace
(2) security

When was the first and only time that all 5 permanent members of the UN security council agreed to?

invasion of Kuwait

What did John Dugard say about the willingness of states to observe IL as an element of statehood?

the intl. community can refrain from recognizing the legal personality of entities purporting to be states when they achieved statehood through means which conflicts with jus cogens

Crawford also added 3 elements of statehood. What are they?

(1) elements of permanence
(2) willingness to observe IL
(3) existence of legal order within the state

International organizations are governed by which principle?

principle of specialty