Practice question
A party relies on Kuroda to enforce every technical article of a convention to which the State is not party. It proves that one humanitarian principle in the convention is generally accepted but offers no corresponding basis for the unrelated technical articles. What is correct?
- Recognition of the established principle does not automatically establish every unrelated treaty article as incorporated law
- One customary rule necessarily incorporates the whole convention
- Nonparty status makes all customary principles legally impossible
- Technical articles need no legal source
- The convention’s length determines enforceability
Legal references
- 1987 Constitution, ArticleII Section2 and ArticleVII Section21: https://lawphil.net/consti/cons1987.html
- Pimentel v. Office of the Executive Secretary, GR158088, July6 2005, main opinion: https://lawphil.net/judjuris/juri2005/jul2005/gr_158088_2005.html
- Kuroda v. Jalandoni, GRL-2662, March26 1949, main opinion: https://lawphil.net/judjuris/juri1949/mar1949/gr_l-2662_1949.html
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