Anda di halaman 1dari 4

1.) Is International law a law?

Yes. The fact that there is no overall authority to force compliance with the rules does
not necessarily mean that there is no law. Law still exists in this setting, though it may
be practiced and enforced in different ways. International law can therefore be called
“real law,” but with different characteristics from the law practiced in domestic settings,
where there is a legislature, judiciary, executive, and police force. The ultimate binding
force of all law is that man is constrained to believe that order and not chaos is the
governing principle of the world in which he lives.

2.) What are the bases of International law?

A.) Command Theory- A law is a command emanating from a sovereign backed up by

threats of sanctions if not obeyed. Although International law did not come from a
command of a sovereign, nations see it not as commands but principles for free and
orderly interaction.

B.) Consensual Theory- Law derives its binding force from the consent of its subjects.
In International law, states give their consent through treaties.

C.) Natural Law Theory- The Natural Law posits that law is derived by person from the
nature of man. International law is said to be an application of natural reason to the
nature of the state-person.

3.) What is Jus Cogens?

-It is a peremptory norm from which no derogation is permitted; General norms of
imperative character which the subjects of the law cannot modify or set aside in their
contractual relations.
-Source of international law, which usually gives rise to Ergo Omnes Obligation and
need not be agreed upon by the states to form part of their law.

4.) What is Ergo Omnes

-specifically determined obligations that states owed towards the international
community as a whole regardless of the presence or absence of their assent to be bound
to such obligations. When there is a breach of an obligation ergo omnes by one state, all
states have legal interest in

5.) What is Opinio Juris

-Belief that an action or a certain form of behavior was carried out as a legal obligation.
6.) What are the sources of international law?

a. international conventions, whether general or particular, establishing rules expressly

recognized by the contesting states;

b. international custom, as evidence of a general practice accepted as law;

c. the general principles of law recognized by civilized nations;

d. judicial decisions and the teachings of the most highly qualified publicists of the
various nations, as subsidiary means for the determination of rules of law.

7.) Soft Law vs hard Law

The term soft law is used to denote agreements, principles and declarations that are not
legally binding. Soft law instruments are predominantly found in the international
sphere. UN General Assembly resolutions are an example of soft law.

Hard law refers generally to legal obligations that are binding on the parties involved
and which can be legally enforced before a court.

8.) Public and Private International law

Public International Law governs the relationships between and among states and
also their relations with international organizations and individual persons.

Private International Law deals with cases where foreign law intrudes in the domestic
sphere where there are questions of applicability of foreign law or the role of foreign

9.) Is there a collective responsibility for breach of international law?

-Yes. Sanctions for breach of international law, such as reprisals or war, are directed
against the state including the individuals who are subject of such state unlike in
national law, the violator takes individual responsibility for his actions.

10.) What is the extent of a State’s freedom of action?

11.) Monist vs Dualist theorist of International Law
-Monist Theory provides that international and domestic law belong to one legal
system with international law considered as superior than domestic law.

Dualist Theory provides that International and domestic laws are two different
spheres of law.

12.) Transformation vs Incorporation

The transformation method requires that an international law be transformed into a
domestic law through a constitutional mechanism such as local legislation. The
incorporation method applies when, by mere constitutional declaration, international
law is deemed to have the force of domestic law.

13.) In case of conflict between municipal law and international law, which should
-It depends on whether the case goes to a domestic or international court.
If it goes to a domestic court the municipal law should prevail.

if international court, international law should prevail.

14.) Calvo and Drago Doctrines

- according to the Calvo doctrine, nations should not engage in diplomatic as well as
armed intervention as legitimate methods of enforcing any private claims of a pure
pecuniary nature.

Drago doctrine merely denounces armed intervention as a legitimate or lawful means of

collecting public debts.

15.) What is the Doctrine of Sovereign Equality of States?

All states are sovereign equals and cannot assert jurisdiction over one another. A
contrary attitude would “unduly vex the peace of nations. par in parem non habet

16.) What is the Doctrine of Non-Intervention?

States should not otherwise intervene in the internal affairs of other States in such a
forcible or dictatorial, or otherwise coercive manner, in effect depriving the state
intervened against of control over the matter in question.

17.) What is the Principle of Self-Determination

All peoples have the right of self-determination. By virtue of that right they freely determine
their political status and freely pursue their economic, social and cultural development.