Philippine Bar review · Topic

Judicial Decisions

Explore Judicial Decisions in Subsidiary Sources for the Philippine Bar. Browse subtopics and published practice questions, then take a quiz or answer…

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Practice questions

  1. How does Article 38(1)(d) of the ICJ Statute classify judicial decisions?
  2. Under Article 59, an ICJ decision has binding force between whom and in what scope?
  3. Under ILC Conclusion 13, which national judicial materials may appropriately serve as subsidiary means for identifying …
  4. State C was not a party to an earlier ICJ case. Counsel nevertheless cites that judgment's careful analysis of a custom…
  5. An analyst assessing custom finds a national judgment squarely addressing the asserted rule. What is the sound approach…
  6. A prior ICJ judgment between A and B identifies a customary navigation rule after examining State practice and opinio j…
  7. A memorandum cites a domestic court's conclusion that a custom exists, but omits the court's reasoning and all discussi…
  8. Distinguish an ICJ judgment's binding force under Article 59 from its role under Article 38(1)(d).
  9. Can national court decisions assist in identifying customary international law? Explain the proper qualification.
  10. A student argues that Article 59 makes international judgments irrelevant to anyone who was not a party. Evaluate.
  11. Under ICJ Statute Article 56, must the judgment state its reasons?
  12. Under Article 60, is an ICJ judgment subject to an ordinary appeal?