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Philippine Bar review · Question

Practice question: Teachings of the Most Highly Qualified Publicists

Multiple Choice Medium

Practice question

A maritime technical expert writes a rigorous legal analysis of navigational practice. The expert is not usually labeled a public-international-law specialist. The reviewer rejects the work on that label alone without assessing its relevant legal reasoning. Which response follows the ILC commentary?
  1. The occupational label is conclusive.
  2. The work is not categorically excluded; the author’s relevant qualification and the particular analysis must be assessed.
  3. Any technical expert’s opinion automatically establishes custom.
  4. Technical expertise eliminates the need to examine law.
  5. Only diplomats may write qualifying teachings.

Legal references

  • International Law Commission, 2018 Conclusions on Identification of Customary International Law, Conclusion 14 and commentary paragraphs 1-4: https://legal.un.org/ilc/texts/instruments/english/commentaries/1_13_2018.pdf

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