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    Intl Law Assignment

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    Julie Faith Aquimba Bulan
    International law derives from treaties between nations, customary practices, and general legal principles. The Philippines constitution incorporates accepted principles of international law into domestic law. Subjects of international law include states, non-state actors, and international organizations. Jus cogens are fundamental norms like prohibitions on genocide. Ex aequo et bono and erga omnes refer to dispute resolution based on fairness rather than strict law, and obligations owed to the international community respectively.

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    Intl Law Assignment

    Uploaded by

    Julie Faith Aquimba Bulan
    16 views2 pages
    International law derives from treaties between nations, customary practices, and general legal principles. The Philippines constitution incorporates accepted principles of international law into domestic law. Subjects of international law include states, non-state actors, and international organizations. Jus cogens are fundamental norms like prohibitions on genocide. Ex aequo et bono and erga omnes refer to dispute resolution based on fairness rather than strict law, and obligations owed to the international community respectively.

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    International law derives from treaties between nations, customary practices, and general legal principles. The Philippines constitution incorporates accepted principles of international law into domestic law. Subjects of international law include states, non-state actors, and international organizations. Jus cogens are fundamental norms like prohibitions on genocide. Ex aequo et bono and erga omnes refer to dispute resolution based on fairness rather than strict law, and obligations owed to the international community respectively.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    16 views2 pages

    Intl Law Assignment

    Uploaded by

    Julie Faith Aquimba Bulan
    International law derives from treaties between nations, customary practices, and general legal principles. The Philippines constitution incorporates accepted principles of international law into domestic law. Subjects of international law include states, non-state actors, and international organizations. Jus cogens are fundamental norms like prohibitions on genocide. Ex aequo et bono and erga omnes refer to dispute resolution based on fairness rather than strict law, and obligations owed to the international community respectively.

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    of 2

    BULAN, JULIE FAITH, A.

    BA POLITICAL SCIENCE 3
    INTL LAW AUGUST 19, 2022

    1. What are the sources of International Law?


    - According to Article 38 (1) of the United Nations Charter, the sources of
    international law can be divided into two, primary and secondary. It
    includes treaties, international customs, general widely recognized principles of
    law, the decisions of national and lower courts, and scholarly writings.
    Treaties- It is an instrument to maintain a strong relationship between both
    countries. They keep the countries' relations stable and diplomatic.
    International Customs- customary international law refers to international
    obligations arising from established international practices.
    Principle of Law-  General principles of law are basic rules whose content is very
    general and abstract, sometimes reducible to a maxim or a simple concept

    2. What is the relationship between International Law and Philippine Domestic


    Law?
    - As stated in Article II Section 2 of the 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.
    - International law is a set of obligations that countries choose to impose on
    themselves, negotiated in treaties with other countries. Essentially, international
    law is just a set of ideas that have gained widespread acceptance to become
    common practice around the world. As a result, these legal rules and standards are
    being applied to different sovereign states.

    3. What or who are subjects of International law?


    - A subject of international law is a body or entity recognized or accepted as being
    capable, or as in fact being capable, of possessing and exercising international law
    rights and duties. The possession of international legal personality means that an
    entity is a subject of international law, and can possess international rights and
    duties, and has the capacity to maintain its rights by bringing international claims.
    The subjects of international law can be categorized into:
    - States
    - Non-Statete Actors
    - International Actors

    4. What is Jus Cogens?


    - Oxford Bibliographies stated that a peremptory general international law norm
    (jus cogens) is a norm accepted and recognized by the international community of
    States as a norm from which no deviation is permitted and which can be modified
    only by a subsequent general international law norm of the same character.
    Furthermore, it implies absolute restrictions of genocide, racial discrimination,
    protracted arbitrary detention, slavery, or any other kind of inhuman treatment.
    5. What is Ex Aequio et Bono?
    - According to Oxford Bibliographies, It refers to a tribunal considering a dispute in
    light of what is fair and just given the specific facts, as opposed to strictly in
    accordance with the law. The foundation of ex aequio et bono is the notion of
    "basic fairness" as a guiding principle in arbitration and other conflict resolution
    procedures.

    6. What is erga Omnes?


    - According to Oxford Bibliographies, the concept of erga omnes obligations in
    international law refers to specifically determined obligations that states have
    towards the international community. It is used to describe obligations or rights
    owed to all.

    Sources:
    - Subjects of International Law: Meaning, Theories, Rights and Duties -
    LawBhoomi
    - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3502662
    - https://blog.ipleaders.in/concept-treaties-international-law/#:~:text=Treaties
    %20form%20the%20basis%20of,fundamental%20source%20of%20international
    %20law.
    - http://hrlibrary.umn.edu/research/Philippines/PHILIPPINE
    %20CONSTITUTION.pdf
    - https://www.oxfordbibliographies.com/view/document/obo-9780199796953/obo-
    9780199796953-0063.xml#:~:text=obo
    %2F9780199796953%2D0063-,Introduction,the%20formal%20sources%20of
    %20law.
    -

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