DISCLAIMER: This is self-practice. I compared my own answers to those pt p at the !

ar
E"ams #orm and also chec$ed them for le%al sorces. S&'ect to amendment.
- I -
a. The legal yardstick in determining whether usage has become customary international
law is expressed in the maxim opinio juris sive necessitatis or opinio juris for short. What
does the maxim mean? !"#
b. $nder international law% differentiate &hard law& from &soft law&.!"#
SUGGESTED ANSWER:
a. The ma"im opinion juris sive necessitates or opinion juris for short( literally )opinion as to
law or necessity(* refers to the &elief that the practice in +estion is rendered o&li%atory &y the
e"istence of a rle of law re+irin% it. It is that psycholo%ical element that comprises one of the
two factors in the classic formlation in international law that sees those cstomary rles as
&indin%. ,Mi'ares -s. .a-ier( /.R. 0o. 123245( April 14( 46657
Opinio juris means that a rle is &ein% followed &y states &ecase they consider it o&li%atory to
comply with sch rles ,8harmacetical and 9eath Care Association of the 8hilippines -s.
9ealth Secretary( /.R. 0o. 1:262;( <ct. 3( 466:7