02-18-21 PUBLIC INTERNATIONAL LAW (1st Exam | Download for quality grades |

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ESSAY 0 of 100 points 1. Three graduating law students of STMS got into an argument after their Political Law Review class. A said that it seems a countries constitution prevails over international... law but international law prevails over municipal statutes. B countered that international law prevails over the constitution and municipal law. Still, C argued that municipal law prevails over international law. Their debate unsettled, they approached you for the right answer. What would you say to them? (5 pts) ···/5 Under the constitution, we have doctrine of incorporation and doctrine of transformation. In doctrine of incorporation it is automatic that the generally accepted principle of international law shall be incorporated to our laws while doctrine of transformation requires that treaties and agreements must be concurred in legislation. With this, constitution prevails international law and municipal law prevails over international law. 2. President Niel of Mabuhay Republic had an online conversation via skype with President John of Tagumpay Republic where they agreed to pull-out all their vessels, sea crafts and ships from the hotly disputed Bajo de Masinloc within seven (7) days. However, several military officers of Tagumpay Republic remained in the area despite the lapse of said period. Are they legally bound by their online conversation? (4pts) ···/4 No. Under our constitution, treaties and agreements must be concurred by our congress and must be transformed into legislation. In this case, the said agreement was only through skype. Thus, they are not legally bound by their online conversation. 3. Wolverine is a notorious international terrorist. He planted bombs in public places in Kuwait, killing a number of unsuspecting citizens. Thereafter, he took a vacation in the Philippines where he was apprehended by our authorities. May he be tried in our courts? Explain (5 pts) ···/5 [Show More]

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