Professional Documents
Culture Documents
PUBLIC INTERNATIONAL LAW power of the Court to decide a case ex aequo et
bono? A: No, if the parties agree thereon. The power to decide ex aequo et bono
involves elements of compromise and conciliation whereas equity is applied as a
part of normal judicial function. (Brownlie, 2003) B. INTERNATIONAL AND
NATIONAL LAW Q: What is the theory of Monism? A: Both international law and
municipal law regulate the same subject matter and international law holds
supremacy even in the sphere of municipal law. Q: What is the theory of Dualism?
A: The theory affirms that the international law and municipal law are distinct and
separate; each is supreme in its own sphere and level of operation. Q: What
are the well‐established differences between international law and municipal law
under the theory of Dualism? A: INTERNATIONAL LAW Adopted by states as a
common rule of action Regulates relation of state and other international persons
Derived principally from treaties, international customs and general principles of law
Resolved thru state‐to‐ state transactions Collective responsibility because it attaches
directly to the state and not to its nationals
MUNICIPAL LAW Issued by a political superior for observance Regulates relations of
individuals among themselves or with their own states Consists mainly of enactments
from the lawmaking authority of each state Redressed thru local administrative and
judicial processes Breach of which entails individual responsibility
Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from
which no derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same character. (Art. 53,
Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition
against slavery and slave trade, and piracy Q: May a treaty or conventional rule
qualifies as a norm of jus cogens character? A: No. Treaty rule binds only States
that are parties to it and even in the event that all States are parties to a treaty,
they are entitled to terminate or withdraw from the treaty. Q: What is the concept ex
aequo et bono? A: It is a judgment based on considerations of fairness, not on
considerations of existing law, that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law
prejudice the
PUBLIC INTERNATIONAL LAW power of the Court to decide a case ex aequo et
bono? A: No, if the parties agree thereon. The power to decide ex aequo et bono
involves elements of compromise and conciliation whereas equity is applied as a
part of normal judicial function. (Brownlie, 2003) B. INTERNATIONAL AND
NATIONAL LAW Q: What is the theory of Monism? A: Both international law and
municipal law regulate the same subject matter and international law holds
supremacy even in the sphere of municipal law. Q: What is the theory of Dualism?
A: The theory affirms that the international law and municipal law are distinct and
separate; each is supreme in its own sphere and level of operation. Q: What
are the well‐established differences between international law and municipal law
under the theory of Dualism? A: INTERNATIONAL LAW Adopted by states as a
common rule of action Regulates relation of state and other international persons
Derived principally from treaties, international customs and general principles of law
Resolved thru state‐to‐ state transactions Collective responsibility because it attaches
directly to the state and not to its nationals
MUNICIPAL LAW Issued by a political superior for observance Regulates relations of
individuals among themselves or with their own states Consists mainly of enactments
from the lawmaking authority of each state Redressed thru local administrative and
judicial processes Breach of which entails individual responsibility
Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from
which no derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same character. (Art. 53,
Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition
against slavery and slave trade, and piracy Q: May a treaty or conventional rule
qualifies as a norm of jus cogens character? A: No. Treaty rule binds only States
that are parties to it and even in the event that all States are parties to a treaty,
they are entitled to terminate or withdraw from the treaty. Q: What is the concept ex
aequo et bono? A: It is a judgment based on considerations of fairness, not on
considerations of existing law, that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law
prejudice the
PUBLIC INTERNATIONAL LAW power of the Court to decide a case ex aequo et
bono? A: No, if the parties agree thereon. The power to decide ex aequo et bono
involves elements of compromise and conciliation whereas equity is applied as a
part of normal judicial function. (Brownlie, 2003) B. INTERNATIONAL AND
NATIONAL LAW Q: What is the theory of Monism? A: Both international law and
municipal law regulate the same subject matter and international law holds
supremacy even in the sphere of municipal law. Q: What is the theory of Dualism?
A: The theory affirms that the international law and municipal law are distinct and
separate; each is supreme in its own sphere and level of operation. Q: What
are the well‐established differences between international law and municipal law
under the theory of Dualism? A: INTERNATIONAL LAW Adopted by states as a
common rule of action Regulates relation of state and other international persons
Derived principally from treaties, international customs and general principles of law
Resolved thru state‐to‐ state transactions Collective responsibility because it attaches
directly to the state and not to its nationals
MUNICIPAL LAW Issued by a political superior for observance Regulates relations of
individuals among themselves or with their own states Consists mainly of enactments
from the lawmaking authority of each state Redressed thru local administrative and
judicial processes Breach of which entails individual responsibility
Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from
which no derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same character. (Art. 53,
Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition
against slavery and slave trade, and piracy Q: May a treaty or conventional rule
qualifies as a norm of jus cogens character? A: No. Treaty rule binds only States
that are parties to it and even in the event that all States are parties to a treaty,
they are entitled to terminate or withdraw from the treaty. Q: What is the concept ex
aequo et bono? A: It is a judgment based on considerations of fairness, not on
considerations of existing law, that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law
prejudice the
PUBLIC INTERNATIONAL LAW power of the Court to decide a case ex aequo et
bono? A: No, if the parties agree thereon. The power to decide ex aequo et bono
involves elements of compromise and conciliation whereas equity is applied as a
part of normal judicial function. (Brownlie, 2003) B. INTERNATIONAL AND
NATIONAL LAW Q: What is the theory of Monism? A: Both international law and
municipal law regulate the same subject matter and international law holds
supremacy even in the sphere of municipal law. Q: What is the theory of Dualism?
A: The theory affirms that the international law and municipal law are distinct and
separate; each is supreme in its own sphere and level of operation. Q: What
are the well‐established differences between international law and municipal law
under the theory of Dualism? A: INTERNATIONAL LAW Adopted by states as a
common rule of action Regulates relation of state and other international persons
Derived principally from treaties, international customs and general principles of law
Resolved thru state‐to‐ state transactions Collective responsibility because it attaches
directly to the state and not to its nationals
MUNICIPAL LAW Issued by a political superior for observance Regulates relations of
individuals among themselves or with their own states Consists mainly of enactments
from the lawmaking authority of each state Redressed thru local administrative and
judicial processes Breach of which entails individual responsibility
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from
which no derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same character. (Art. 53,
Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition
against slavery and slave trade, and piracy Q: May a treaty or conventional rule
qualifies as a norm of jus cogens character? A: No. Treaty rule binds only States
that are parties to it and even in the event that all States are parties to a treaty,
they are entitled to terminate or withdraw from the treaty. Q: What is the concept ex
aequo et bono? A: It is a judgment based on considerations of fairness, not on
considerations of existing law, that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law
prejudice the
PUBLIC INTERNATIONAL LAW power of the Court to decide a case ex aequo et
bono? A: No, if the parties agree thereon. The power to decide ex aequo et bono
involves elements of compromise and conciliation whereas equity is applied as a
part of normal judicial function. (Brownlie, 2003) B. INTERNATIONAL AND
NATIONAL LAW Q: What is the theory of Monism? A: Both international law and
municipal law regulate the same subject matter and international law holds
supremacy even in the sphere of municipal law. Q: What is the theory of Dualism?
A: The theory affirms that the international law and municipal law are distinct and
separate; each is supreme in its own sphere and level of operation. Q: What
are the well‐established differences between international law and municipal law
under the theory of Dualism? A: INTERNATIONAL LAW Adopted by states as a
common rule of action Regulates relation of state and other international persons
Derived principally from treaties, international customs and general principles of law
Resolved thru state‐to‐ state transactions Collective responsibility because it attaches
directly to the state and not to its nationals
MUNICIPAL LAW Issued by a political superior for observance Regulates relations of
individuals among themselves or with their own states Consists mainly of enactments
from the lawmaking authority of each state Redressed thru local administrative and
judicial processes Breach of which entails individual responsibility
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from
which no derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same character. (Art. 53,
Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition
against slavery and slave trade, and piracy Q: May a treaty or conventional rule
qualifies as a norm of jus cogens character? A: No. Treaty rule binds only States
that are parties to it and even in the event that all States are parties to a treaty,
they are entitled to terminate or withdraw from the treaty. Q: What is the concept ex
aequo et bono? A: It is a judgment based on considerations of fairness, not on
considerations of existing law, that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law
prejudice the
PUBLIC INTERNATIONAL LAW power of the Court to decide a case ex aequo et
bono? A: No, if the parties agree thereon. The power to decide ex aequo et bono
involves elements of compromise and conciliation whereas equity is applied as a
part of normal judicial function. (Brownlie, 2003) B. INTERNATIONAL AND
NATIONAL LAW Q: What is the theory of Monism? A: Both international law and
municipal law regulate the same subject matter and international law holds
supremacy even in the sphere of municipal law. Q: What is the theory of Dualism?
A: The theory affirms that the international law and municipal law are distinct and
separate; each is supreme in its own sphere and level of operation. Q: What
are the well‐established differences between international law and municipal law
under the theory of Dualism? A: INTERNATIONAL LAW Adopted by states as a
common rule of action Regulates relation of state and other international persons
Derived principally from treaties, international customs and general principles of law
Resolved thru state‐to‐ state transactions Collective responsibility because it attaches
directly to the state and not to its nationals
MUNICIPAL LAW Issued by a political superior for observance Regulates relations of
individuals among themselves or with their own states Consists mainly of enactments
from the lawmaking authority of each state Redressed thru local administrative and
judicial processes Breach of which entails individual responsibility
Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
228
non‐participating States. Q: What is erga omnes? A: It is an obligation of every State
towards the international community as a whole. All states
have a legal interest in its compliance, and thus all States are entitled to invoke
responsibility for breach of such an obligation. (Case Concerning
The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1.
Outlawing of acts of aggression 2. Outlawing of genocide 3.
Basic human rights, including protection from slavery and racial discrimination
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character. (Art.
53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against
slavery and slave trade, and piracy Q: May a treaty or conventional rule qualifies as
a norm of jus cogens character? A: No. Treaty rule binds only States that are
parties to it and even in the event that all States are parties to a treaty, they are entitled to
terminate or withdraw from the treaty. Q: What is the concept ex aequo et bono? A: It is a
judgment based on considerations of fairness, not on considerations of existing law,
that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law prejudice
the
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES;
ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS
: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN
D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRI
LE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISO
N, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.
PUBLIC INTERNATIONAL LAW power of the Court to decide a case ex aequo et bono?
A: No, if the parties agree thereon. The power to decide ex aequo et bono involves
elements of compromise and conciliation whereas equity is applied as a part of normal
judicial function. (Brownlie, 2003) B. INTERNATIONAL AND NATIONAL LAW
Q: What is the theory of Monism? A: Both international law and municipal law regulate
the same subject matter and international law holds supremacy even in the
sphere of municipal law. Q: What is the theory of Dualism? A: The theory affirms that the
international law and municipal law are distinct and separate; each is supreme in its own
sphere and level of operation. Q: What are the well‐established differences between
international law and municipal law under the theory of Dualism? A:
INTERNATIONAL LAW Adopted by states as a common rule of action Regulates relation of
state and other international persons Derived principally from treaties, international
customs and general principles of law Resolved thru state‐to‐ state transactions
Collective responsibility because it attaches directly to the state and not to its nationals
228
non‐participating States. Q: What is erga omnes? A: It is an obligation of every State
towards the international community as a whole. All states
have a legal interest in its compliance, and thus all States are entitled to invoke
responsibility for breach of such an obligation. (Case Concerning
The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1.
Outlawing of acts of aggression 2. Outlawing of genocide 3.
Basic human rights, including protection from slavery and racial discrimination
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character. (Art.
53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against
slavery and slave trade, and piracy Q: May a treaty or conventional rule qualifies as
a norm of jus cogens character? A: No. Treaty rule binds only States that are
parties to it and even in the event that all States are parties to a treaty, they are entitled to
terminate or withdraw from the treaty. Q: What is the concept ex aequo et bono? A: It is a
judgment based on considerations of fairness, not on considerations of existing law,
that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law prejudice
the
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES;
ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS
: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN
D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRI
LE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISO
N, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.
228
non‐participating States. Q: What is erga omnes? A: It is an obligation of every State
towards the international community as a whole. All states
have a legal interest in its compliance, and thus all States are entitled to invoke
responsibility for breach of such an obligation. (Case Concerning
The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1.
Outlawing of acts of aggression 2. Outlawing of genocide 3.
Basic human rights, including protection from slavery and racial discrimination
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character. (Art.
53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against
slavery and slave trade, and piracy Q: May a treaty or conventional rule qualifies as
a norm of jus cogens character? A: No. Treaty rule binds only States that are
parties to it and even in the event that all States are parties to a treaty, they are entitled to
terminate or withdraw from the treaty. Q: What is the concept ex aequo et bono? A: It is a
judgment based on considerations of fairness, not on considerations of existing law,
that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law prejudice
the
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES;
ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS
: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN
D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRI
LE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISO
N, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.
228
non‐participating States. Q: What is erga omnes? A: It is an obligation of every State
towards the international community as a whole. All states
have a legal interest in its compliance, and thus all States are entitled to invoke
responsibility for breach of such an obligation. (Case Concerning
The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1.
Outlawing of acts of aggression 2. Outlawing of genocide 3.
Basic human rights, including protection from slavery and racial discrimination
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character. (Art.
53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against
slavery and slave trade, and piracy Q: May a treaty or conventional rule qualifies as
a norm of jus cogens character? A: No. Treaty rule binds only States that are
parties to it and even in the event that all States are parties to a treaty, they are entitled to
terminate or withdraw from the treaty. Q: What is the concept ex aequo et bono? A: It is a
judgment based on considerations of fairness, not on considerations of existing law,
that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law prejudice
the
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES;
ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS
: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN
D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRI
LE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISO
N, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.
228
non‐participating States. Q: What is erga omnes? A: It is an obligation of every State
towards the international community as a whole. All states
have a legal interest in its compliance, and thus all States are entitled to invoke
responsibility for breach of such an obligation. (Case Concerning
The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1.
Outlawing of acts of aggression 2. Outlawing of genocide 3.
Basic human rights, including protection from slavery and racial discrimination
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character. (Art.
53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against
slavery and slave trade, and piracy Q: May a treaty or conventional rule qualifies as
a norm of jus cogens character? A: No. Treaty rule binds only States that are
parties to it and even in the event that all States are parties to a treaty, they are entitled to
terminate or withdraw from the treaty. Q: What is the concept ex aequo et bono? A: It is a
judgment based on considerations of fairness, not on considerations of existing law,
that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law prejudice
the
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES;
ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS
: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN
D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRI
LE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISO
N, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.
228
non‐participating States. Q: What is erga omnes? A: It is an obligation of every State
towards the international community as a whole. All states
have a legal interest in its compliance, and thus all States are entitled to invoke
responsibility for breach of such an obligation. (Case Concerning
The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1.
Outlawing of acts of aggression 2. Outlawing of genocide 3.
Basic human rights, including protection from slavery and racial discrimination
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character. (Art.
53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against
slavery and slave trade, and piracy Q: May a treaty or conventional rule qualifies as
a norm of jus cogens character? A: No. Treaty rule binds only States that are
parties to it and even in the event that all States are parties to a treaty, they are entitled to
terminate or withdraw from the treaty. Q: What is the concept ex aequo et bono? A: It is a
judgment based on considerations of fairness, not on considerations of existing law,
that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law prejudice
the
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES;
ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS
: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN
D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRI
LE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISO
N, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.
228
non‐participating States. Q: What is erga omnes? A: It is an obligation of every State
towards the international community as a whole. All states
have a legal interest in its compliance, and thus all States are entitled to invoke
responsibility for breach of such an obligation. (Case Concerning
The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1.
Outlawing of acts of aggression 2. Outlawing of genocide 3.
Basic human rights, including protection from slavery and racial discrimination
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character. (Art.
53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against
slavery and slave trade, and piracy Q: May a treaty or conventional rule qualifies as
a norm of jus cogens character? A: No. Treaty rule binds only States that are
parties to it and even in the event that all States are parties to a treaty, they are entitled to
terminate or withdraw from the treaty. Q: What is the concept ex aequo et bono? A: It is a
judgment based on considerations of fairness, not on considerations of existing law,
that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law prejudice
the
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES;
ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS
: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN
D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRI
LE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISO
N, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.