S.A 2020/21 B.E POLITICAL LAW | Question #12

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN POLITICAL LAW 



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The United Nations General Assembly unanimously passed a Resolution expressing the

commitment of its members to pass law and related policies that would provide incentives for all citizens of the planet to change their lifestyles so that the impending disasters brought about by climate change can be avoided or mitigated. 


As the principal legal adviser of the Secretary of Foreign Affairs, you are asked this query: 

"Is this General Assembly Resolution a valid source of State obligation under international law? Explain briefly."


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No, the Resolution is not a valid source of State obligation since the said resolution is not among the sources of international law as enumerated in Article 38(1) of the 1946 Statute of the International Court of Justice. At best, this is just a mere expression of the sentiments of the United Nations and which cannot be a source of state obligations.


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Yes, the Resolution is a valid source of State obligation. Sources of law include, among others, the generally accepted principles of international law. This particular resolution refers to environmental concerns, and safeguarding the environment is a general principles that is uniformly observed in the international community. Hence, the Resolution can be considered a mere formalization of an established principle of international law.


Code: S.A 2020/21 B.E POLITICAL LAW | Question #12


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