2017 (Political Law) Bar Exam Questions: Question 3

[Answer/discuss the question below, or see 2017 bar exam Political Law Instructions; 2017 Political Law Questions: 1, 24, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

-III-

State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After five years, State A finds that the more progressive State B did not go to the aid of State A when it was threatened by its strong neighbor State C. State B reasoned that it had to be prudent and deliberate in reacting to State C because of their existing trade treaties.

(a) May State A now unilaterally withdraw from its mutual defense treaty with State B? Explain your answer. (2.5%)

(b) What is the difference between the principles of pacta sunt servanda and rebus sic stantibus in international law? (2.5%)

(c) Are the principles of pacta sunt servanda and rebus sic stantibus relevant in the treaty relations between State A and State B? What about in the treaty relations between State B and State C? Explain your answer. (2.5%)

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