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Unformatted text preview: national 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: Are municipal laws subject to judicial notice before international tribunals? A: No. Municipal laws are only evidence of conduct attributable to the State concerned, which create international responsibility, like legislative measures or court decisions. They are not subject to judicial notice and are only treated as mere facts which are required to be proven. Q: What is the Doctrine of Incorporation? A: Under this doctrine, rules of international law form part of the law of the land and no further legislative action is needed to make such rules applicable in the domestic sphere. The doctrine decrees that rules of international law are given equal standing with, but are not superior to, national legislative enactments. Q:What is the Doctrine of Transformation? A: This doctrine holds that the generally accepted rules of international law are not per se binding upon the state but must first be embodied in legislation enacted by the lawmaking body and so transformed into municipal law. Q: What does pacta sunt servanda mean? A: Pacta sunt servandameans that international agreements must be performed in good faith. A treaty engagement is not a mere moral obligation but creates a legally binding obligation on the parties. Q: What is the principle of Auto‐Limitation? A: Under the principle of auto‐limitation, any State may by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a plenary power. (Reagan v. CIR, G.R. No.L‐26379, Dec. 27, 1969) Q: Correlate Reciprocity and the...
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