differentiate “hard law” from “soft law”.

PRELIMINARY EXAMINATION IN PUBLIC INTERNATIONAL LAW

January 10, 2010

1. Q.   May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why.

2. When the Japanese forces occupied the Philippines, answer the following questions:

            a) Did courts continue to function?

            b) Did the Japanese government have the right to use its currency?

            c) Was it valid for them to require Filipinos to pay taxes to them?

            d) Was the divorce granted during their occupation considered valid?

e) Was payment of debt using the Japanese currency still assumes validity after its occupation was replaced by the American government?

3. Explain the following principles of international law”

a) par in parem non habet imperium

b) restrictive application of state immunity

c) pacta sunt servanda

d) territorial sea

e) belligerency

4. Juan Cruz donated a parcel of land to the Holy See (i.e. Vatican) for religious purpose where it can establish its catholic mission in the Philippines. Since the Vatican was not able to use it, it decided to sell the land for 8 million pesos to Starbright Corporation. The agreement was that, Starbright will pay the full amount, until the Holy See shall have caused the ejectment of squatters. The Holy See was not able to achieve it, so Starbright sued the Holy See for Specific Performance and Damages before the RTC of Makati. The Holy See files a Motion to dismiss invoking its immunity from suit. At the same time, it also files another case for Starbright to pay the complete amount.

      a) If you were the judge will you dismiss outright the case filed by Starbright Corporation against the Holy See? Explain your answer.

      b) What about the case filed by the Holy See? Will you give course to it and conduct trial on the matter? Explain.

5. .    Under international law, differentiate “hard law” from “soft law”.

6. (a) What office in the U.N. is headed by the Secretary General? (b) Distinguish the “preventive action” from the “enforcement action”  of the Security Council. (c) Explain the Yalta Formula. (d) State the composition of the General Assembly (e) What body is established (under the UN CHARTER), whose function is to advise and assist the Security Council and which is also responsible for military strategic positioning.

7.What do you understand by the “thalweg doctrine”?

8. What is the “doctrine of incorporation”? Is it embodied in the 1987 constitution? Explain.

9. Explain the concept of “jus cogens”. Cite at least two examples of “jus cogens”.

10. What is the function of the International Court of Justice? Who is the incumbent President of ICJ?