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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWXII. PUBLIC INTERNATIONAL LAWB. Sources of Obligations in International Law (Statute of the International Court of Justice, Art. 38)

Question

Question XII: Public International Law
Topic: Sources of Obligations in International Law (Statute of the International Court of Justice, Art. 38)

Scenario:

The country of Philippinia, a member of the United Nations, is engaged in a maritime dispute with a neighboring country. The dispute revolves around the ownership and sovereignty of a group of islands in the South China Sea. Both countries claim historical and legal rights over the islands, citing various treaties, agreements, and customary practices.

In the process of resolving the dispute, the Philippinian government seeks to determine the sources of obligations in international law that can be relied upon to support its claims. As an aspiring international law expert, enumerate and briefly discuss the sources of obligations under Article 38 of the Statute of the International Court of Justice that the Philippinian government can invoke in its argument:

  1. The Statutes and Decisions of International Courts and Tribunals
  2. International Customary Law
  3. General Principles of Law Recognized by Civilized Nations
  4. Subsidiary Means for the Determination of Rules of Law



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Bar Review Question: Question XII: Public International Law Topic: Sources of Obligations in International Law (Statute