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Samplexxxx MTPIL
Samplexxxx MTPIL
What is Public International Law (PIL)? A: It is a body of legal principles, norms and
processes which regulates the relations of States
and other international persons and governs their
conduct affecting the interest of the international community as a whole.
Q: What is Private International Law (PRIL)? A: It is that part of the law of each State
which determines whether, in dealing with a factual situation, an event or transaction
between private individuals or entities involving a foreign element, the law of some
other State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC
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non‐participating States. Q: What is erga omnes? A: It is an obligation of every State
towards the international community as a whole. All states
have a legal interest in its compliance, and thus all States are entitled to invoke
responsibility for breach of such an obligation. (Case Concerning
The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1.
Outlawing of acts of aggression 2. Outlawing of genocide 3.
Basic human rights, including protection from slavery and racial discrimination
Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and
recognized by the international community of States as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character. (Art.
53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus
cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3.
Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against
slavery and slave trade, and piracy Q: May a treaty or conventional rule qualifies as
a norm of jus cogens character? A: No. Treaty rule binds only States that are
parties to it and even in the event that all States are parties to a treaty, they are entitled to
terminate or withdraw from the treaty. Q: What is the concept ex aequo et bono? A: It is a
judgment based on considerations of fairness, not on considerations of existing law,
that is, to simply decide the case based upon a
balancing of the equities. (Brownlie, 2003) Q: Does Article 38 of the Statute of the
International Court of Justice which provides the sources of International Law prejudice
the
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES;
ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS
: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN
D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRI
LE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISO
N, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.