PUBLIC INTERNATIONAL LAW

International Law – body of rules and laws, binding upon Subjects of IL = states and international relations
States and other international persons in their mutual - To whom rules are immediately addressed
relations - To whom the law attributes rights and duties

Public International Law Private International Law Objects of IL = persons

Law of the nations which Regulates the comity of - Hold rights and obligations in the international legal
regulate the intercourse of states in giving effect in one order
nations with each other or to the municipal laws of - Are the things in respect to which rights are held
concerns questions of rights another relating to private and duties imposed
between nations persons or their concerns
POINTS OF IL ML
International Law Municipal Law DIFFERENCES
o body of rules and o Enacted by the legislature Sources Conventions Legislators
laws, binding upon States and is binding upon the Subjects States and States
and other international citizens and other International
persons in their mutual residents of a country, as Persons
relations well as upon things or Jurisdiction Universal Within the
properties within its territorial
jurisdiction boundary system
o not codified o Deals with the internal Courts ICJ = countries MTC,RTC, CA, SC
affairs of a country and Int’l Court Tribunal
such laws are compiled = persons
and recorded in the Enforcement No enforcement Executive branch
country’s code or official *UN concur implements
publications votation
o if a country violates o If violated by a person
international law, the within its jurisdiction, he
violation may be may be penalized with Sources of International Law (accdng to Bernas)
addressed upon by imprisonment 1. Formal Sources – refer to various processes by
pressure that which rules come into existence
sovereign states put a) Legislation
upon one another to b) Treaty
behave in good faith, c) Judicial decision making
by diplomacy and by d) Practice of States
threat of sanctions or 2. Material Sources – not concern with how rules come
retaliations into existence but rather with the substance and
content of the obligation
Is international law a law? a) Custom – a general and consistent practice
- It depends upon your definition of law of States followed by the from a sense of
legal obligation
No, because international law is commonly disregarded b) Opinion Juris – belief that a certain form of
because there is no sovereign supranational body which behavior is obligatory, is what makes
enforces this. ICJ only binds states which consented to be practice an international rule
bound. c) Treaties – international agreements which
Yes, because international law is recognized in practice, and determine the rights and duties of States
the sanctions for failing to comply, although often less direct just as individual rights are determined by
are similar to those of municipal law. They include the force contracts
of public opinion, self-help, intervention by 3rd party states, d) Judicial Decisions – subsidiary means for
the sanctions of international organizations like UN, and in the determination of the rules of law
the last resort, war. e) UN Resolutions – declarations and legal
principles adopted by UN
Article 38 of the Statute of the ICJ enumerates the sources  Other elements
of international law (accdng to Agpalo) a) Continuity
1. International Conventions – multilateral treaties b) Degree of civilization
which are binding upon signatory states; derived c) Recognition
from international agreements 1. Recognized State = enjoys all the rights
2. International Customs – consists of acts, which by and privileges of a sovereign state
repetition of states of similar acts for a number of under international law
years, occurs out of sense of obligation and taken by 2. Non-Recognized State = may not claim
a significant number of states; developed though the any rights and benefits and the other
practice of states states has no obligation to extend such
3. General Accepted Principles of law recognized by rights or benefits
civil nations – commonly recognized by the major
legal systems of the world States can be created by:
4. Judicial decisions and the teachings of the most 1. Revolution or Attainment of independence
highly qualified publicists 2. Unification or Cessation
5. Ex aequo et bono – ‘In justice and fairness’ Ex: Vietnam, Germany = U
China and Taiwan = C
Relationship between international law and domestic law 3. By agreement or by sale
1. MONISM – views international and national law as Ex: Israel
part of a single legal system, with domestic law 4. Assertion of Independence
derived from the broader framework provided by 5. Attainment of Civilization
international law
2. DUALISM – considers international law and internal Extinguishment of a State
laws of states as wholly separate legal system, the 1. Loss of territory
former creating obligations only among sovereign Ex: USSR, Crimea
nations and the latter allowing each state to 2. No people
determine the means and form by which it carries 3. Overthrowing of government – failed state
out its obligations Ex: Somalia

Philippines Rights of States

 Follows monism 1. Right to independence and to freely exercise all its
 Recognizes the doctrine of incorporation in the legal powers, without dictation by other State
constitution which states “adopts the generally 2. Right to exercise jurisdiction over its territory and
accepted principles of international law as part of over all persons and things subject to the immunities
the law of the land recognized by international law
 JUS COGENS – generally accepted principles 3. Right to equality in law with every other state
What if there’s a conflict between IL and ML, which will 4. Right to collective self-defense against armed attack
prevail?
- It depends where the case is filed ‘Law is made by a superior being, imposed to an inferior
 If filed to an international tribunal = IL prevails being’- Austin
 If filed to a domestic court = ML prevails
 If conflict arised between an international Why follow the law
agreement and constitution, the treaty 1. Reasonableness of the law
would not be valid and operative as a 2. A state does not want to be unorthodox
domestic law 3. Normal Habit of Disobedience – easier to follow than
disobey
STATE – community of persons, more or less numerous 4. Reprisal or Reciprocity
occupying a definite portion of territory, independent from
any external console and having an organized government, in
which a great number of inhabitants render a mutual
obedience
 ELEMENTS
a) Defined territory
b) Permanent population
c) Government
d) Sovereignty – supreme authority of a state
within its territory