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Unformatted text preview: principle of Auto‐Limitation? A: When the Philippines enter into treaties, necessarily, these international agreements may contain limitations on Philippine sovereignty. The consideration in this partial surrender of sovereignty is the reciprocal commitment of other contracting States in granting the same privilege and immunities to the Philippines. Note: For example, this kind of reciprocity in relation to the principle of auto‐limitation characterizes the Philippine commitments under WTO‐GATT. This is based on the Constitutional provision that the Philippines "adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of cooperation and amity with all nations." (Tanada v. Angara, G.R.No.118295, May 2, 1997) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 229 UST GOLDEN NOTES 2011 C. SOURCES OF PUBLIC INTERNATIONAL LAW Q: What are the sources of Public International Law? A: Primary Sources: 1. International conventions, whether general or particular, establishing rules expressly recognized by the contesting state 2. International custom, as evidence of a general practice accepted as law; and 3. The general principles of law recognized by civilized nations; (Article 38(1), Statute of the International Court of Justice) Note: Sources of law refer to norms derived from international conventions on treaties, customs, and general principles of law. The distinctive character of these norms is that they are created or they acquire binding effect through the methods pointed above. Secondary Sources: 1. Decisions of international tribunals; and 2. Teachings of the most highly qualified publicists of various nations. Q: What is the difference between formal sources from material sources of international law? A: Formal sources consist of the methods and procedures by which norms are created while material sources are the substantive evid...
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