Philippine Bar review · Question

Practice question: General Principles of Law

Multiple Choice Hard

Practice question

A tribunal identifies a recognized general principle with content parallel to a treaty rule. Counsel argues that the principle is automatically inferior solely because it belongs to the general-principles category, so parallel operation is legally impossible. Under the ILC 2026 framework, which response is correct?
  1. Source category alone always ranks general principles below every treaty
  2. Parallel rules can never exist in international law
  3. All conflicts must be resolved by the judge's personal taste
  4. The framework rejects that automatic hierarchy and permits parallel rules, with conflicts addressed through accepted interpretation and conflict-resolution techniques
  5. General principles automatically override every treaty without analysis

Legal references

  • International Law Commission, Conclusions on general principles of law (text adopted on second reading April 27, 2026), Conclusions 2–11: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_15_2026.pdf
  • Statute of the International Court of Justice, Article 38(1)(c), (1)(d) and (2): https://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf

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