lesson 7

Question 1

laws that regulate relations of states and international persons

Answer 1

International law

Question 2

laws that regulate individuals among themselves or within the state

Answer 2

National law

Question 3

an international agreement conducted between states, in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments, whatever Its particular designation (Art. 2 (1) (Al, Vienna Convention on Law of Treaties)

Answer 3

Treaty or International conventions

Question 4

There are two doctrines of adoption:

Answer 4

doctrine of incorporation and doctrine of transformation.

Question 5

entered into by the Philippines are the Mutual Defense Treaty with USA, signed on 30 August 1959; Visiting Forces Agreement with USA, signed on 10 February 1998; and RP-US Extradition Treaty with USA, signed on 13 November 1995.

Answer 5

bilateral treaties

Question 6

Philippines also enter into —————- with two or more states. An example of which is the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

Answer 6

multilateral treaties or conventions

Question 7

also known as customary law, consists of rules of
law derived from the consistent conduct of states, acting out of the belief that the law required them to act that way (Aust, 2010).

Answer 7

International customs,

Question 8

for a custom to be deemed as an international custom, these two elements must exist:

Answer 8

state practice and opinio juris sive necessitates (“opinion of law or necessity”).

Question 9

states that there must be evidence of substantial uniformity of practice by a substantial number of states (Aust, 2010).

Answer 9

State practice

Question 10

states the belief that the given practice is rendered obligatory by the existence of a rule requiring it.

Answer 10

Opinio juris sive necessitates

Question 11

Kinds of international customs are:

Answer 11

regional custom and special or local custom.

Question 12

is a practice among states within a particular area of world which can be sufficiently well-established and accepted as law that is binding among the states of that region but not elsewhere

Answer 12

Regional custom

Question 13

on the other hand, is a long-continued practice between two states, accepted by then as regulating their relations that form the basis of mutual rights and obligations (Right of Passage Case

Answer 13

A special custom

Question 14

occupy another category of international
customs as these refer to norms that command peremptory authority, superseding conflicting treaties and customs which can neither be derogated nor modified, except by a norm or similar character

Answer 14

Jus cogens (Compelling Law)

Question 15

refers to an obligation under general international law that a state owes in any given case to the international community, in view of its common values and its concern for compliance, so that a breach of that obligation enables all States to take action; or an obligation under a multilateral treaty that a state party to the treaty owes in any given case to all the other state parties to the same treaty, in view of their common values and concern for compliance, so that a breach of that obligation enables to all these states to take action

Answer 15

Obligations erga omnes (“towards all”)

Question 16

• “A treaty binds the parties ang only the parties”

Answer 16

Pacta tertiis nec nocent nec prosunt

Question 17

“Agreements must be kept” - Every treaty in force is binding upon the parties to it and must be performed by them in good
faith (Art. 26, Vienna Convention on Law of Treaties)

Answer 17

Pacta sunt servanda -

Question 18

“Things standing thus” - A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties, may be invoked as a ground for terminating or withdrawing from the treaty if the existence for those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty and the effect of the change is radically to transform the extent of the obligations still to be performed
under the treaty

Answer 18

Rebuc sic stantibus -

Question 19

is an agreement concluded by the President based on authority granted by Congress or based on the inherent authority granted to him/her by the Constitution.

Answer 19

An executive agreement

Question 20

is a law that governs states and their international persons.

Answer 20

International law

Question 21

are international covenants that can be entered into by Philippine presidents and subject to ratification by the Senate.

Answer 21

Treaties