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Public International Law BAR REVIEWER Rex Book Store, Inc. ISBN No. 978-971-23-4828-0
Title Description: This is an indispensable text for serious Bar Exam candidates and law students. It is an up-to-date reviewer that covers the great doctrines, key concepts, issues, principles, and the theoretical perspectives that underlie the different areas of Public International Law. It incorporates almost a century of Bar questions but providing answers using contemporary concepts and principles. It covers all the important areas as well as the recent development in the areas of International Environment Law, International Human Rights Law, the Law of International Organizations, Diplomatic Law, International Dispute Settlement, the Law of War and Armed Conflict, the Law against Terrorism, International Humanitarian Law, International Criminal Law, and the Law of the Sea, Airspace and Outer Space.
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SUGGESTED ANSWERS TO THE 2008 BAR EXAM QUESTIONS ON PUBLIC INTERNATIONAL LAW
Q. The legal yardstick in determining whether
usage has become customary international law is expressed in the maxim
opinio juris sive necessitates
or opinio juris for short.
What does the maxim mean? (3%) A. The maxim “opinio juris sive necessitates” or simply “opinio juris” means that States observe a practice or a norm out of a sense of legal obligation or a belief in its juridical necessity. Opinio juris is the subjective element of international customs, the objective element being the long and consistent practice of States.
Q.
Under international law, differentiate “hard law” from “soft law”. (3%)
A.
“Hard law” refers to binding
international legal norms or those which have coercive character. “Soft
law,” on the other hand, refers to norms that are non-binding in
character but still have legal relevance. Examples of “hard law” are the
provisions of the U.N. Charter, the Vienna Convention on Diplomatic
Relations, the Geneva Conventions of 1949 and other treaties in force.
Examples of “soft law” are resolutions of the U.N. General Assembly and
draft articles of the International Law Commission. Soft law usually
serves as a precursor of hard law. The Universal Declaration of Human
Rights is one such example. It was a “soft law” when it was adopted by
resolution of the U.N. General Assembly in 1948, but it has led to the
development of “hard law” with the adoption of two binding covenants on
human rights, i.e., the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural
Rights.
Q. May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why. (5%)
A. Yes, a treaty may violate international law when at the time of its conclusion, it conflicts with a peremptory norm of general international law (jus cogens) or if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations. (Vienna Convention on the Law of Treaties, Arts. 52 & 53)
DOWNLOAD 2008 BAR EXAM QUESTIONS
USLS LAW MOOT COURT TEAM FINISHES AS SEMI-FINALIST TO THE 6th RED CROSS ASIA-PACIFIC MOOT COURT COMPETITION ON INTERNATIONAL HUMANITARIAN LAW (IHL)
The USLS Moot Court Team in front of the Hong Court High Court: Coach Atty. Ralph Sarmiento & oralists Michael Hanz Villaster & Adylyn Dioso.
The USLS Law Moot Court Team composed of Mr.
Michael Hanz Villaster (3rd Year), Ms. Adylyn Dioso (2nd
Year) and Coach Atty. Ralph Sarmiento finished as Semi-Finalist in the
recently concluded 6th Red Cross International Humanitarian
Law (IHL) Moot Court Competition held in Hong Kong on 7-8 March 2008.
The event was co-organized by the Hong Kong Red Cross and the
International Committee of the Red Cross (ICRC) in collaboration with
Hong Kong University and the City University of Hong Kong. (Read
full story...) USLS
Moot Court Team wins the 2008 National Moot Court
Competition on International Humanitarian Law (IHL) held at the Supreme Court En Banc Session Hall, 21
November 2007. (Read
full story...) Atty. Ralph explains fundamental concepts of Public International Law in the IBP Hour hosted by Atty. Andy Hagad & Atty. Jocelle Sigue:
Click here to View More Video Explanations of Fundamental Concepts of Public International Law!
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Copyright © 2005-2007 Atty. Ralph A. Sarmiento All Rights Reserved. |
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