Claudine S. Uanan Atty.

Liberty Roxas

AB- Political Science Thurs 6-9

International Law

1. Is International Law a true law?

Ans. A law is a rule of conduct, an obligatory that is binding to its subjects.
In Popular View, international law is not a true law for it lacks a positive
authority and command, obedience is not an obligatory and there is no
administrative body to enforce it.

2. Explain the concept of the Doctrine of Effective Nationality.

Ans. Doctrine of Effective Nationality is the recognition of the third state to
the nationality of the country either with which he is habitually and
principally resident and or in which in the circumstances he appears to be in
fact most closely connected as it is provided under Article V of Hague
Convention on Conflict of Nationality Laws.

3. In our study, how is Opinio Juris understood?

Ans. Opinio Juris Sive Necessitatis is an element of custom. Formulating
law from what they do, by their practice and by their conduct. It is
understood to be a generally accepted principle in International Law.

4. What is Jus Cogens norm?

Ans. Jus Cogens is a mandatory norm. A pre-emptory which state cannot
deviate from the agreement and it cannot be modified nor altered by an
agreement.

5. Why there is no Stare Decisis in International Law?

Ans. There is no Stare Decisis principle in international law because
decision of International Court of Justice has no binding force only to those
parties. Therefore, the ICJ cannot apply previous judicial decisions to the
present cases with similar facts and issues.
6. What are the requisites of International Law?
Ans. Requisites of International Law are Treaties, Customs and Generally
Accepted Principle.

7. Are judicial decisions and teachings of publicists sources of International

Law?
Ans. Judicial decisions and teachings of highly qualified publicists
considered as a subsidiary to international law. These are evidences and can
be treated as an interpretation of the content of international law but not a
source of international law.

8. Distinguish International Law from Municipal Law.

Ans. We could distinguish International Law from Municipal Law from its
sources, subjects, powers and functions, imposition of penalties. In
international Law, the source is from customs and treaties while the
Municipal Law is enacted by the state in its sovereign capacity. International
Law, deals with relationship of one state to another, while in Municipal Law,
it deals with international affairs of a particular state. And in international
Law, there is no penalties imposed as imprisonment hence in Municipal Law
there are prescribed penalties to offenders.

9. If there is a conflict between International Law and Municipal Law, what is

the duty of the court?
Ans. In case of conflict between International Law and Municipal Law, the
duty of the court, as much as possible, will try to harmonize the issue
however, in times where the court cannot harmonize it, the court will render
in favor of the Municipal law.

10.What is the status of individual in International Law?

Ans. In the traditional view, individual is not a subject of international law
because he is represented by the state where he belong however, in radical
view, individual is treated as a subject of international law for the rights of
an individual is recognized by the United Nations as a proof, there are many
treaties and conventions recognizing rights of a person.