b. Teachings of the Most Highly Qualified Publicists

What are “Highly-qualified publicists?”

Highly-qualified publicists are writers whose teachings serve as a subsidiary means for determining rules of international law under Article 38(1)(d) of the Statute of the International Court of Justice. They may compare other writers’ views or discuss proposed law, but those discussions should be distinguished from statements of existing law (lex lata).

A highly qualified publicist is a scholar of public international law and the term usually refers to legal scholars or “academic writers.” (Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011).

2. EFFECT OF UNITED NATIONS DECLARATIONS, SECURITY COUNCIL RESOLUTIONS