Avacla 1 be entered into by parties with the

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Unformatted text preview: will of the family of nations. Q: What are the elements of international custom? A: 1. General practice, characterized by uniformity and consistency; 2. Opiniojuris, or recognition of that practice as a legal norm and therefore obligatory; and 3. Duration Q: Is a particular length of time required for the formation of customary norms? 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 A: No particular length of time is required. What is required is that within the period in question, short though it may be, State practice, including that of States whose interest are specially affected, should have extensive and virtually uniform and in such a way as to show a general recognition that a rule of law or legal obligation is involved. Q: What are the requisites in order to consider a person to be a highly qualified publicist? A: 1. His writings must be fair and impartial representation of law; 2. An acknowledged authority in the field. Q: Are dissenting States bound by international customs? A: GR: Yes XPN: If they had consistently objected to it while the project was merely in the process of formation. Dissent, however protects only the dissenter and does not apply to other States. A State joining the international law system for the first time after a practice has become customary law is bound by such practice. D. SUBJECTS OF INTERNATIONAL LAW Q: Define international community. A: The body of juridical entities which are governed by the law of nations. Under the modern concept, it is composed not only of States but also of such other international persons as th...
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