Republic of the Philippines

Regional Trial Court of Zamboanga City

Ninth Judicial Region
Branch 01
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Public International Law
Questions and Answers:
1.) What is customary international law? How is it different from an international agreement?
Customary international law means a general and consistent practice of states followed by them
from a sense of legal obligation. Customary international law exists based on the belief that it is
for the benefit of all. International agreements on the other hand represent the most deliberate
form of commitment through which governments cooperate with one another. International
agreements exist based on vast and diverse intentions of the participating states.

2.) What is the international law that governs continental shelf disputes? What is the source of
international law that is used to settle conflicting claims over continental shelf areas?
In the case of Germany vs Netherlands/ Germany vs. Denmark, the ICJ ruled that parties must
draw up an agreement taking both the maximization of area and proportionality into account.
These were to be based upon equitable principles. Next would be treaty (if there is any) to
which parties must essentially be signatories and must adhere to the same, customary
international law which must be proven by the one invoking the same, and the last resort of
special equidistance principle.

3.) What are the requirements for a grant of asylum to be valid?
A person must be accused of a political offense and that rule of law has been substituted by
arbitrary action (abolition of judicial guarantees). Customary norm between the states
concerned for one to qualify and grant asylum and oblige the other to adhere. Unilateral
qualification and grant without existence of customary norm will not bind the other state.

4.) What is the effect of a unilateral declaration by a state?
This act may have the effect of creating legal obligations. It is well recognized that declarations
made by way of unilateral acts, concerning legal or factual situations, may have the effect of
creating legal obligations. Nothing in the nature of a quid pro quo, nor any subsequent
acceptance, nor even any reaction from other States is required for such declaration to take
effect.