International Law quiz
1. Reflect on Art. II, Sec. 2 of the 1987 Phil. Constitution. Are customary laws automatically followed by the Philippines? Explain. (200 words)
As stated in Art II, Sec. 2 of the 1987 Philippine Constitution “The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.” a war that is renounced is an aggressive and defensive war. It rejects war in its foreign policies except for self-defense when its national honors, territory, sovereignty are assailed by other countries.
Is it correct to say that the Art II, Sec2 of the 1987 Philippine constitution accepts doctrine of incorporation, which implies that international law has the same force as domestic law? The doctrine of incorporations tells us that public international law carries the same weight as a constitutional law. Do the Philippines follows the commonly accepted international law? Yes, the Philippine definitely does. I makes those accepted international laws into domestic laws. There are even some instances wherein judiciary branch of the Philippines uses international law as a means to settle domestic conflict. In dualism, international law will only become part of its municipal law if it has been expressly adopted as such by way of legislative act. And in the monistic theory, international law automatically as part of its municipal law, and does not demand an express act of the legislature to approve international law obligations within the municipal system. When the Philippine constitution was formulated, it accepted the general principles of the international law as part of the law of the land, this is dualism. So, whenever there is a conflict between the international law and Philippine’s domestic law arises, there should be no problem.
2. Explain, illustrate (give examples), or summarize the
As stated in Art II, Sec. 2 of the 1987 Philippine Constitution “The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.” a war that is renounced is an aggressive and defensive war. It rejects war in its foreign policies except for self-defense when its national honors, territory, sovereignty are assailed by other countries.
Is it correct to say that the Art II, Sec2 of the 1987 Philippine constitution accepts doctrine of incorporation, which implies that international law has the same force as domestic law? The doctrine of incorporations tells us that public international law carries the same weight as a constitutional law. Do the Philippines follows the commonly accepted international law? Yes, the Philippine definitely does. I makes those accepted international laws into domestic laws. There are even some instances wherein judiciary branch of the Philippines uses international law as a means to settle domestic conflict. In dualism, international law will only become part of its municipal law if it has been expressly adopted as such by way of legislative act. And in the monistic theory, international law automatically as part of its municipal law, and does not demand an express act of the legislature to approve international law obligations within the municipal system. When the Philippine constitution was formulated, it accepted the general principles of the international law as part of the law of the land, this is dualism. So, whenever there is a conflict between the international law and Philippine’s domestic law arises, there should be no problem.
2. Explain, illustrate (give examples), or summarize the