Pil Essay.docx

CABIDOG, RAYMUND B.

December15, 2018

PUBLIC INTERNATIONAL LAW

TEST V. 1. Commentators agree that there are three requirements before a group may successfully assert their right to self-determination: (a) they must be a people, (b) they must be oppressed, and (c) they must have been a colony. Based on these three requirements, our Muslim brother may not successfully assert the right to self-determination for the following reasons: First, although our Muslim bothers may meet the requirement of being a “people”, they cannot however be considered as oppressed people. Muslims may not claim either physical oppression because they are respected people in our country whose rights are also being protected from any form of grave injustice, maltreatment or abuse or cultural oppression because their culture is not under an imminent and grave threat of destruction; Second, Muslim Mindanao also does not meet the requirement of being a colony under the United Nations definition of what being a colony is. 2. Constitutive Theory provides that recognition is a necessary condition for statehood and international personality. While according to Declarative Theory, declaration is a mere formality and has no legal effect as the existence of the State is a mere question of fact. From a theoretical point of view, the constitutive theory is not attractive because of its subjective nature and potential inconsistency with other states’ determinations, resulting in uncertainties about which entities may be universally regarded as states. In addition, more powerful states that are secure in their recognition may use recognition as a tool for their continued domination of other states. 3. The above statement is describing monist theory because there is immediate application of the international law on the internal law without the necessity

of state action. Under the monist’s theory, the judiciary is in an ideal position to directly apply the International Humanitarian Law.