Midterm Examinations in Public International Law 2017

MIDTERM EXAMINATIONS IN PUBLIC INTERNATIONAL LAW 2017
I
A. Discuss the concept of aequo et bono in Public International Law (5 Points)
B. State X and State Y entered into a treaty wherein they agreed that they will exclusively purchase the
agricultural produce of State Z. World foreign analysts lauded the treaty because it will bring down
the prices of raw materials. Is the treaty valid? Explain. (5 Points)
C. If your answer is no in question B, how can you make the treaty valid? Explain. (5 Points)
D. Explain the persistent objector doctrine. (5 points)
E.
II
A. On sidelines of the APEC summit. State B and C entered into a bilateral talk and agreed verbally that
if State B or C is attacked by the military of a third state, State B and C will help each other repel the
attack by sending its military assets. On the eve of the celebration of its Independence Day, State B
was attacked by State Y. The military commanders of State B radioed State C for help. State C
radioed that it will not help State B because the agreement was only verbal. Is state C, correct?
Explain.
(5 Points).
B. Is the agreement a treaty? Explain. (5 Points)
III
In response to the influx of refugees from Syria, various States in Europe closed its borders and
prevented the refugees from entering their countries due to the fear of extremists and terrorists
blending with the refugees. The refugees were left in the cold, hungry and dying in the borders of this
country. A case was filed in the ICJ for the various States in Europe to admit the refugees to the border
Granting arguendo, that the ICJ assumes jurisdiction over the case:
A. Argue for the Petitioners. (5 Points)

B. Argue for the Government (5 Points)
IV
A. Spain and the Philippines entered into an agreement wherein the elite paratroopers of the Spanish
Royal Army will be stationed and trained in Cuatro Islas Island Philippines. A state-of-the-art rubber
boat with nuclear missiles will be utilized and be based in one of the islands. Is the treaty valid under
Philippine Laws? (5 Points)
B. Supposing that the treaty is valid, what Constitutional requirement should the same treaty hurdle.
Explain and discuss. (10 Points)
C. Suppose the Treaty became effective and the President by himself abrogated it. Is his unilateral
abrogation valid? Decide. (5 Points)
V
A. Distinguish a treaty from an executive agreement? (5 Points)
B. In 1995 the Philippines and China entered into a tax treaty wherein citizens of China are exempted
from income tax for income derived in the Philippines. In 2017 it was amended to include estate tax
by an executive agreement by the foreign ministers of China and the Philippines. The amendment
was questioned in the Supreme Court because the same was not submitted to Senate for
concurrence. The Executive Branch countered that it does not need concurrence by the Senate
because it is an executive agreement. Moreover, the President has wide latitude of discretion in the
treaty making process. Decide the case. (5 Points)
VI
A. State A signed a treaty disallowing death penalty in 2005. In 2017 drugs proliferated in State A
prompting the government to pass RA 88888 prescribing the penalty of death for the crime of selling
and trafficking of drugs. May State A evade its treaty obligation with the passage of RA 88888?
Explain by citing relevant legal provisions. (5 Points)
B. State F and G entered into a treaty. A diplomatic row ensued between the two states, prompting
them to cancel diplomatic relations with each other. State F now demands State G to perform its
treaty obligations to State F. State G replied that because of the cancellation of diplomatic relations,
they have no treaty obligations towards State F. Is State G correct? Explain. (5 points)
VII
A. Distinguish Incorporation from Transformation. (5 points)
B. Discuss the doctrine of defensive preparation. (5 points)
VIII
A. What are the restrictions on the subject matter of treaties? Discuss. (10 points)

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MIDTERM EXAMINATIONS IN PUBLIC INTERNATIONAL LAW 2017

A. Argue for the Petitioners. (5 Points)

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