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Define International Law

Differentiate Public International Law from Private International Law


What is the main concern of Public International Law? What is the main concern of Private International Law?

DOES INTERNATIONAL LAW QUALIFY AS LAW? IS IT BINDING?


Yes. It consists of binding rules accepted as such by the community.

Not a Law Qualified as a Law

There can be no law binding States are usually bound by


sovereign states many rules not
promulgated
There is no international
executive, Social interdependence
legislature and
judiciary Predominance of general
interest
No assured position
identifying General respect for law
violations because of possible
consequence of
Commonly disregarded defiance

Not binding but merely Binding based on (positivist


persuasive. There are theory) belief that order and not
international organizations such chaos is the governing principle
as UN, ICJ, etc. but cannot bind of the world where we live.
states unless states give their
consent.

What are the two (2) schools of thought on the issue of treating International Law as a Law?
What are the similarities and the differences between Philippine Law and International Law?
What are the sources and applications of International Law as compared to the sources and application of Philippine Law?
Is Philippine Law part of the international legal system?

DISCUSS THE THEORIES OF INTERNATIONAL LAW:

Command
(John Austin) law consists of commands originating from a sovereign backed up by threats of sanction if disobeyed. (already
discredited)

Consensual
International law derives its binding force from the consent of states. (however, many binding rules are not derived from consent)
dominant

Natural Law
Posits that law is derived by reason from nature of man.
Monism
International law and domestic law belong to only one system of law with international law considered as superior to domestic law.

Dualism
(pluralist theory, based on positivism) domestic and international law are two different spheres of law. They would favor state law.

What is the basis of creation of the rules on International Law and how do we know if the same is binding upon the Phlippines?
What is a Treaty? Who can conclude a Treaty?
Differentiate Treaty from Custom
Is a Treaty superior to customary law?
Are there rules of customary law that are superior to Treaties?
Explain Jus Cogens.
What are the formal sources of international law? How about material sources?
What is a Soft Law?
Discuss the major inconsistencies of the law in the Asylum Case (Colombia vs Peru) and the minor inconsistencies of the law in the Fisheries
Case (United Kingdom vs Norway)?
Explain the legal maxim Opinio juris sive necessitates. Decision ex aequo et bono.
Explain Obligations Erga Ommes
Do non-state entities (e.g. natural persons) have rights under the law of nations?