CABIDOG, RAYMUND B.

December15, 2018
PUBLIC INTERNATIONAL LAW

TEST V.
1. Commentators agree that there are three requirements before a group may
successfully assert their right to self-determination: (a) they must be a
people, (b) they must be oppressed, and (c) they must have been a colony.

Based on these three requirements, our Muslim brother may not successfully
assert the right to self-determination for the following reasons: First,
although our Muslim bothers may meet the requirement of being a
“people”, they cannot however be considered as oppressed people. Muslims
may not claim either physical oppression because they are respected people
in our country whose rights are also being protected from any form of grave
injustice, maltreatment or abuse or cultural oppression because their culture
is not under an imminent and grave threat of destruction; Second, Muslim
Mindanao also does not meet the requirement of being a colony under the
United Nations definition of what being a colony is.

2. Constitutive Theory provides that recognition is a necessary condition for

statehood and international personality. While according to Declarative
Theory, declaration is a mere formality and has no legal effect as the
existence of the State is a mere question of fact.

From a theoretical point of view, the constitutive theory is not attractive

because of its subjective nature and potential inconsistency with other
states’ determinations, resulting in uncertainties about which entities may
be universally regarded as states. In addition, more powerful states that are
secure in their recognition may use recognition as a tool for their continued
domination of other states.

3. The above statement is describing monist theory because there is immediate

application of the international law on the internal law without the necessity
of state action. Under the monist’s theory, the judiciary is in an ideal position
to directly apply the International Humanitarian Law.