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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWXII. PUBLIC INTERNATIONAL LAWA. Doctrine of Incorporation and Transformation (1987 Constitution, Art. II, sec. 2, Art. VII, sec. 21)

Question

XII. PUBLIC INTERNATIONAL LAW
Topic: A. Doctrine of Incorporation and Transformation (1987 Constitution, Art. II, sec. 2, Art. VII, sec. 21)

1. Country X is a signatory to the International Convention on Environmental Protection. The convention requires member states to adopt legislation to mitigate the adverse effects of climate change. However, the domestic laws of Country X do not contain any provisions directly addressing climate change. Can Country X be held liable for non-compliance with the convention? Discuss.

2. Company A, a Philippine corporation, enters into a joint venture agreement with a foreign corporation based in Country Y. The joint venture involves the construction of a power plant in Country Y. However, a dispute arises between the two companies regarding the interpretation of certain contractual obligations. The joint venture agreement contains an arbitration clause specifying that any disputes shall be resolved through arbitration in the International Court of Justice. Can Company A invoke the arbitration clause? Explain.

3. Country Z is a member of the United Nations Security Council and is faced with a decision to impose economic sanctions on Country W due to its alleged human rights violations. However, a group of citizens in Country Z file a petition challenging the constitutionality of imposing such sanctions, arguing that it violates their right to freely engage in trade. How should the court decide on this petition? Elaborate.

4. The International Court of Justice issues an advisory opinion regarding the legality of the use of nuclear weapons in self-defense. The opinion concludes that the use of nuclear weapons is generally illegal under international law. How should this advisory opinion be treated by Philippine courts in adjudicating cases involving the use of nuclear weapons? Discuss.




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Bar Review Question: XII. PUBLIC INTERNATIONAL LAW Topic: A. Doctrine of Incorporation and Transformation (1987 Constitu