Page 1 PIL ANSWERS TO THE GUIDE QUESTIONS PIL ANSWERS TO THE GUIDE QUESTIONS.pdf
PIL ANSWERS TO THE GUIDE QUESTIONS
PART 1
ABASTA
Is international law a law?
What are the bases of International law?
What is meant by “jus cogens”?
What is meant by “erga omnes”?
What is meant by “opinio juris”?
AREOLA
What are the sources of International Law?
There are 2 main classifications of sources for international law, said sources could either be
considered a Primary Source or a Subsidiary Source. Under the Primary Sources, it could be
further classified into three which are as follows: International Conventions/Treaties; Customary
International Law; and General Principles of Law recognized by civilized nations. Under the
Subsidiary Sources, we have Judicial decisions and Teachings of the most highly qualified
publicists of various nations.
Distinguish “soft law” from “hard law”?
Hard Laws are legally binding rules and instruments that create enforceable commitments for
countries and other international subjects. Hard law includes: Treaties or international
agreements; Customary international laws; Decisions of international courts that are
authoritative and prescriptive. While Soft Laws are non-binding norms, principles, guidelines, or
declarations. They are significant for the development of international law because they may
lead to the creation of new binding laws.
How do we distinguish Private international law from public international law?
Private International Law is concerned with the resolution of cross-border disputes involving
private parties, while Public International Law is focused on the legal relations and obligations
between states and other entities with international legal personalities.
Is there collective responsibility for breach of international law?
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PIL ANSWERS TO THE GUIDE QUESTIONS
Yes, there can be a concept of collective responsibility in international law, particularly when
multiple states or international organizations contribute to an indivisible injury. This is not
explicitly outlined in the traditional rules of international responsibility, but the concept has been
developed to address situations where several actors are involved. The Guiding Principles on
Shared Responsibility in International Law provide guidance on this matter, including conditions
of shared responsibility, consequences, and modes of implementation.
For instance, in cases of serious violations of peremptory norms, there is an expectation of a
collective response to counteract the effects of the breach. This may include obligations such as
non-recognition of the situation resulting from the breach, non-assistance to the state
responsible for the breach, and cooperation to bring an end to the violation.
What is the extent of a State’s freedom of action?
The extent of a state's freedom of action, also known as state sovereignty, is shaped by a
combination of international law, domestic law, and practical political considerations. State
sovereignty refers to the principle that a state has supreme authority over its territory and the
freedom to govern itself without external interference. However, this freedom is not absolute and
is limited in several key ways: International Law; Human Rights Obligations; Economic and
Trade Agreement; Environmental Agreements; Domestic Law; Regional Organizations;
Diplomatic and Political Considerations; Customary International Law; Non-State Actors and
Transnational Issues.
AUSTRIA
Distinguish between the Monist and Dualist theories of International law.
Monism. International Law and Domestic Law belong to only one system of law. It supposes
that International Law and National Law are simply two components of a single body of
knowledge called “law.” Law is seen as a single entity of which “national” and “international”
versions are merely particular manifestations.
Dualism. Under this theory, when international law and municipal law conflict, municipal law
must prevail. The dualists are positivists with a strong emphasis on State sovereignty. This
theory considers International Law and National Law as independent of each other, and both
systems are regarded as mutually exclusive and independent. They exist “side by side within
different sphere of action – the international plane and the domestic plane.”
Distinguish between the doctrine of incorporation and the doctrine of transformation.
In the doctrine of incorporation, it adopts the generally accepted principle of international law as
part of the law of the land–pursuant to Sec. 2, Art. II and Kuroda v. Jalandoni. While the Doctrine
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PIL ANSWERS TO THE GUIDE QUESTIONS
of Transformation requires the enactment by the legislative body of such international law
principles as are sought to be part of municipal consistent with the Laguna Lake Development
Authority v. CA case.
In case of conflict between municipal law and international law, which should prevail?
when international law and municipal law conflict, municipal law must prevail.
What are the Calvo and Drago doctrines?
The Calvo doctrine makes the state not responsible for losses suffered by aliens in time of civil
war. Whereas, the Drago Doctrine is a principle of international law that rejects the right of a
country to use military force against another country to collect debts.
What is the Doctrine of Sovereign Equality of States?
They have equal rights and duties and are equal members of the international community,
notwithstanding differences of an economic, social, political or other nature.
BAUTISTA - 2 questions for part 1
What is the Doctrine of Non-Intervention?
In international law, the principle of non-intervention includes, but is not limited to, the prohibition
of the threat or use of force against the territorial integrity or political independence of any state.
The principle of non-intervention in the internal affairs of States also signifies that a State should
not otherwise intervene in a dictatorial way in the internal affairs of other States.
What is the Principle of Self-Determination of People?
Self-determination denotes the legal right of people to decide their own destiny in the
international order. Self-determination is a core principle of international law, arising from
customary international law, but also recognized as a general principle of law, and enshrined in
a number of international treaties. For instance, self-determination is protected in the United
Nations Charter and the InternationalCovenant on Civil and Political Rights as a right of all
peoples.
PART 2
BAUTISTA - 3 questions for part 2
What are elements of a State?
1. People - are an aggregate of individuals of both sexes, who live together as a community
despite racial or cultural differences.
2. Territory - fixed portion of the earth's surface which the inhabitants occupy.
-2026 PIL ANSWERS TO THE GUIDE QUESTIONS PIL ANSWERS TO THE GUIDE QUESTIONS
PIL ANSWERS TO THE GUIDE QUESTIONS
PART 1
ABASTA
Is international law a law?
What are the bases of International law?
What is meant by “jus cogens”?
What is meant by “erga omnes”?
What is meant by “opinio juris”?
AREOLA
What are the sources of International Law?
There are 2 main classifications of sources for international law, said sources could either be
considered a Primary Source or a Subsidiary Source. Under the Primary Sources, it could be
further classified into three which are as follows: International Conventions/Treaties; Customary
International Law; and General Principles of Law recognized by civilized nations. Under the
Subsidiary Sources, we have Judicial decisions and Teachings of the most highly qualified
publicists of various nations.
Distinguish “soft law” from “hard law”?
Hard Laws are legally binding rules and instruments that create enforceable commitments for
countries and other international subjects. Hard law includes: Treaties or international
agreements; Customary international laws; Decisions of international courts that are
authoritative and prescriptive. While Soft Laws are non-binding norms, principles, guidelines, or
declarations. They are significant for the development of international law because they may
lead to the creation of new binding laws.
How do we distinguish Private international law from public international law?
Private International Law is concerned with the resolution of cross-border disputes involving
private parties, while Public International Law is focused on the legal relations and obligations
between states and other entities with international legal personalities.
Is there collective responsibility for breach of international law?
-2026 PIL ANSWERS TO THE GUIDE QUESTIONS PIL ANSWERS TO THE GUIDE QUESTIONS
,Page 2 PIL ANSWERS TO THE GUIDE QUESTIONS PIL ANSWERS TO THE GUIDE QUESTIONS.pdf
PIL ANSWERS TO THE GUIDE QUESTIONS
Yes, there can be a concept of collective responsibility in international law, particularly when
multiple states or international organizations contribute to an indivisible injury. This is not
explicitly outlined in the traditional rules of international responsibility, but the concept has been
developed to address situations where several actors are involved. The Guiding Principles on
Shared Responsibility in International Law provide guidance on this matter, including conditions
of shared responsibility, consequences, and modes of implementation.
For instance, in cases of serious violations of peremptory norms, there is an expectation of a
collective response to counteract the effects of the breach. This may include obligations such as
non-recognition of the situation resulting from the breach, non-assistance to the state
responsible for the breach, and cooperation to bring an end to the violation.
What is the extent of a State’s freedom of action?
The extent of a state's freedom of action, also known as state sovereignty, is shaped by a
combination of international law, domestic law, and practical political considerations. State
sovereignty refers to the principle that a state has supreme authority over its territory and the
freedom to govern itself without external interference. However, this freedom is not absolute and
is limited in several key ways: International Law; Human Rights Obligations; Economic and
Trade Agreement; Environmental Agreements; Domestic Law; Regional Organizations;
Diplomatic and Political Considerations; Customary International Law; Non-State Actors and
Transnational Issues.
AUSTRIA
Distinguish between the Monist and Dualist theories of International law.
Monism. International Law and Domestic Law belong to only one system of law. It supposes
that International Law and National Law are simply two components of a single body of
knowledge called “law.” Law is seen as a single entity of which “national” and “international”
versions are merely particular manifestations.
Dualism. Under this theory, when international law and municipal law conflict, municipal law
must prevail. The dualists are positivists with a strong emphasis on State sovereignty. This
theory considers International Law and National Law as independent of each other, and both
systems are regarded as mutually exclusive and independent. They exist “side by side within
different sphere of action – the international plane and the domestic plane.”
Distinguish between the doctrine of incorporation and the doctrine of transformation.
In the doctrine of incorporation, it adopts the generally accepted principle of international law as
part of the law of the land–pursuant to Sec. 2, Art. II and Kuroda v. Jalandoni. While the Doctrine
-2026 PIL ANSWERS TO THE GUIDE QUESTIONS PIL ANSWERS TO THE GUIDE QUESTIONS
, Page 3 PIL ANSWERS TO THE GUIDE QUESTIONS PIL ANSWERS TO THE GUIDE QUESTIONS.pdf
PIL ANSWERS TO THE GUIDE QUESTIONS
of Transformation requires the enactment by the legislative body of such international law
principles as are sought to be part of municipal consistent with the Laguna Lake Development
Authority v. CA case.
In case of conflict between municipal law and international law, which should prevail?
when international law and municipal law conflict, municipal law must prevail.
What are the Calvo and Drago doctrines?
The Calvo doctrine makes the state not responsible for losses suffered by aliens in time of civil
war. Whereas, the Drago Doctrine is a principle of international law that rejects the right of a
country to use military force against another country to collect debts.
What is the Doctrine of Sovereign Equality of States?
They have equal rights and duties and are equal members of the international community,
notwithstanding differences of an economic, social, political or other nature.
BAUTISTA - 2 questions for part 1
What is the Doctrine of Non-Intervention?
In international law, the principle of non-intervention includes, but is not limited to, the prohibition
of the threat or use of force against the territorial integrity or political independence of any state.
The principle of non-intervention in the internal affairs of States also signifies that a State should
not otherwise intervene in a dictatorial way in the internal affairs of other States.
What is the Principle of Self-Determination of People?
Self-determination denotes the legal right of people to decide their own destiny in the
international order. Self-determination is a core principle of international law, arising from
customary international law, but also recognized as a general principle of law, and enshrined in
a number of international treaties. For instance, self-determination is protected in the United
Nations Charter and the InternationalCovenant on Civil and Political Rights as a right of all
peoples.
PART 2
BAUTISTA - 3 questions for part 2
What are elements of a State?
1. People - are an aggregate of individuals of both sexes, who live together as a community
despite racial or cultural differences.
2. Territory - fixed portion of the earth's surface which the inhabitants occupy.
-2026 PIL ANSWERS TO THE GUIDE QUESTIONS PIL ANSWERS TO THE GUIDE QUESTIONS
