1. Reflect on Art. II‚ Sec. 2 of the 1987 Phil. Constitution. Are customary laws automatically followed by the Philippines? Explain. (200 words) As stated in Art II‚ Sec. 2 of the 1987 Philippine Constitution “The Philippines renounces war as an instrument of national policy‚ adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace‚ equality‚ justice‚ freedom‚ cooperation‚ and amity with all nations.” a war that is renounced
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SOURCES OF INTERNATIONAL LAW In a democratic government‚ the laws are established by a body of legislature. This means the legislative arm of government is responsible for the making of laws for the state (country) while in a military regime laws are established by a decree. However‚ the sources of IL are different from that of the state since the laws are derived from the agreements signed by the states involved and not an act of the legislatives function. Therefore‚ what are the sources of IL?
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PUBLIC INTERNATIONAL LAW Name of the Case: SADC Asylum Case (Asante/Gopenia) Year of the decision: 2014 Court: SADC Tribunal Legal Issues before the Tribunal: 1. Is Asante competent‚ as the country that grants asylum‚ to unilaterally qualify the offence for the purpose of asylum under treaty law and international law? 2. Was Gopenia‚ as the territorial State‚ bound to give a guarantee of safe passage? The Tribunal’s Decision: As a point of departure‚ Article 38(1) UN Charter provides
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SUBJECTS OF INTERNATIONAL LAW - STATES I. Traditional Subjects of International Law A. States In addition to controlling territory‚ States have lawmaking and executive functions. States have full legal capacity‚ that is‚ they have the ability to be vested with rights and to incur obligations. B. Insurgents Insurgents are a destabilizing factor‚ which makes States reluctant to accept them‚ unless they show some of the attributes of sovereignty (e.g. control of a defined territory). Their
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INTRODUCTION The sources of international law are not the same as those in domestic law. The two major sources creating legally binding rules of international law are treaty and custom. In domestic law the question of the source of a rule or law is seldom controversial. Common law systems rely upon statutes and the decisions to be found in court judgments for evidence of the existence of the rule or law; civil law systems rely upon the appropriate legislation or Codes.
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Public International Law Assignment 24/10/2012 10340269 3BBL As an expert you have been approached: (a) By the International Court of Justice to offer a brief opinion on the possible amendment of Article 38 of the Statute of the International Court of Justice to reflect the diversity of sources of international law Introduction Sources of international law has long been a contentious matter amongst legal commentators and academics in the sphere of the international legal system. At
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between International law and Municipal law‚ it is important to know what these to laws are. International law is the rules and conducts which deals with the conduct of states. To put into simpler terms‚ the international law is a set of rules in which the countries use in dealing with each other. The Municipal law is the internal law of the land. There are different theories that distinguish the difference of the two laws. The dualists or the pluralist theory states that international law and municipal
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the light of developments in the international labor rights field? What can we do to deal with these problems if we go forward with the Devinco project? ILRIC 6340 International Labor Law Saranya Srinivasan Net ID: ss2457 ADVISING GPC International Labor Law Group Philadelphia‚ PA United States
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International Law Assignment Q: You work for John Keating MP‚ who is due to give a talk at a Community Centre in his constituency. The talk has been necessitated by calls by another local MP‚ Bronwyn Bishop‚ demanding that the UK should concentrate on domestic issues and play a lesser role in international affairs. In a speech in the House of Commons‚ Ms Bishop h as supported her demand with the argument that international law is ineffective‚ and can hardly be described as law. Mr Keating
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------------------------------------------------- Sources of international law ------------------------------------------------- Sources of international law refers to where states‚ organizations‚ individuals and courts can find principles of international law. One broadly accepted definition of sources of international law includes Article 38 of the ICJ Treaty. According to this article‚ theInternational Court of Justice shall apply the following sources of law‚ ranked in order of precedence: a. international conventions‚ whether
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