Aradar 1resignation 2accomplishmentofthepurpose

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Unformatted text preview: 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. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, 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, inter...
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This document was uploaded on 03/12/2014.

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