Guys have you accessed the implementation on the TRO?

So what constitutional
right was violated? Right to travel is that part of the constitution? Guys if there is a
case decided by the Supreme court and it is of great importance, the chance of it
being asked in the bar, is than cases that are not that important. So I advise you to
read the case, because during bar review you dont have time for the case, so
better now, if you encounter a case you read the case, thats why it is wise to watch
the news, or interview of experts, because it is presumed that they have study.
When I took the bar, tax case , a big case sa business sa news papers, there was no
buzz on this case, and when I took the bar, number 2 question sa bar, If I wasnt
able to read it, there is no way I would have been able to answer. Everything really
would be clearer.

International Society and International Legal Community by Hermann Mosler

Class these are preliminary matters, but are important, because they set the
parameters in international law, why is it important? Because writers cant agree on
a single definition of international law. But that should not give you an excuse not to
have your definition of international law.
Remember
According to Oppenheim.
International Law :
Is the body of customary and treaty rules which are considered legally binding
between states in their intercourse with one another.

When asked a question after all this is a Bar subject, so we should settle with a bartype answer, what is international law according to Oppenheim you will really have
points, because not everyone knows Oppenheim. Because guys the examiner will
just read your answer , and look into the elements. So guys in answering the
questions, be sensible with the elements, infuse with as much substance as
possible, that is the way you do it, but dont over do it.
Ok what is the relation between international law and the international community?
Two elements necessary for the existence of an international legal
community.

1.) The fact that a certain number of independent societies organized on a

territorial basis exist side by side, and ( meaning there must be states)
2.) the psychological element in the form of a general conviction that all these
units are partners mutually bound by reciprocal, generally applicable, rules
granting rights imposing obligations and distributing competence. 1
And then Mosler discussed Order, the origin of international law and the more
important ones.
Legal Relations Between Sovereign States and the International Community
The decisive factor in the newly emerging society was that legal obedience to a
superior power was replaced by rules to be observed between entities equal in law. 2
He discussed the vertical order present in Municipal law, and the Horizontal order
present in International law.

Legal obedience in municiplal law is to a superior power, but in international law it

was replaced by rules to be observed between equal entities. We refer that to the
Doctrine of sovereign equality of States.
You might be Philippines compose of 90 plus Million people but your vote is as
valuable as East Timor
You might be the second most powerful Nation on Earth but your vote is as equal as
the least powerful nation on earth?
What are the instances in your readings where the counting of votes are
proportionate to the influence or economy or military power of states? Answer is
Financial bodies, IMF, the World bank ang voting didto dili na equal, if you are the
United States, your votes count more than the Philippines
The decisive factor in the newly emerging society was
that legal obedience to a superior power was replaced
by rules to be observed between entities equal in law
There was no

Mosler, Hermann International Society and International Legal Community. Page 18

Mosler, Hermann International Society and International Legal Community. Page 31

Mohammed Bedjaoui : General Introduction, International Law : Achievements

and Prospects, pp 2-18
The juridical phenomenon cannot be explained in itself and for itself but only in
terms of the overall political and socio-economic system of which it is part and with
which it is inevitably bound up in an interactive relationship 3
It used to be European International Law, the club, if your part of the European
community then you are part of the club, Europe used to govern the rules, the laws,
the club: to the extent that the club ensured that each one of them enjoyed
sovereignty and independence on a basis of full reciprocity. 4
in fact there were this categories, the civilized nations, the barbarians, and
savages, then categorized to civilized semi-civilized and uncivilized. Are these still
controlling? No , what is controlling is the Doctrine of Sovereign equality of
states
For purposes of the application of European international Law, Lorimer, in 18831884, divided the human race into three categories: Civilized, barbarian and
savage; Von Liszt, in 1898, classified it, in his turn, as civilized and semicivilized, and uncivilized.5
You know what guys international law is a bar subject, and a subject with kana gani
with doctrines, doctrines, .. so what is the Doctrine of Sovereign Equality of States?
Gesal inserted this:
THE REPUBLIC OF INDONESIA vs. JAMES VINZON, doing business under the name and style of VINZON TRADE
AND SERVICES
G.R. No. 154705. June 26, 2003
In the case of foreign States, the rule is derived from the principle of the sovereign equality of States, as
expressed in the maxim par in parem non habet imperium. All states are sovereign equals and cannot
assert jurisdiction over one another. A contrary attitude would unduly vex the peace of nations.

European International lawthe

club: to the extent that the club
3
Bedjaoui,
Mohammed.
General Introduction, International Law page 4
ensured
that each
one of them
enjoyed sovereignty and
independence on a basis of full
4
5

Bedjaoui, Mohammed. General Introduction, International Law page 6

Bedjaoui, Mohammed. General Introduction, International Law page 8

International law used to be a field that involves only states, but it is not correct at
present, because we now have individuals, international organizations.
In what way could be an individual be a subject of international law? More in
criminal prosecutions, like crimes against humanity.

International law thus shows many clear indications of progressively becoming the
law of a world community of human beings and peoples, transcending its evident
and abiding inter-State basis. 6
International law, traditionally conceived as an instrument for co-ordinating
sovereignties, has been invested with a task of transforming international society
and has been applied in the service of finalities such as peace, development, human
happiness and the ecological preservation of the planet. 7
These are what composed of International law now, before it was all about states,
now it tackles other issues , like environment. It shows International law is not just
about rules, if it were , international law cannot be applied in a given case when
there are no rules, remember Higgins? That International law are not rules but a
process.

To rely merely on accumulated past decisions (rules) when the

context in which they were articulated has changed- and indeed
when the context in which they were articulated is unclearis
to ensure that international law will not be able to contribute to
todays problems and , further, that it will be disobeyed for
that reason. by Higgins
33:18

6
7

Bedjaoui, Mohammed. General Introduction, International Law. page 13

Bedjaoui, Mohammed. General Introduction, International Law. page 14

What is International law according to Oppenheim, Bedjaoui and Higgins and other
Authors?

Oscar Schachter mentioned Sovereign equlity, in UN system all members state have
a right to participate in the adoption process
You know what happened guys Palestine was admitted to UNESCO, and U.S. the
most powerful Nation on Earth opposed . The General Assembly voted in favor of
Palestines membership to UNESCO. But here U.S. withdrew its financial allocation
from UNESCO in effect deprived of 20 percent of its funds.

1. Law-making in the UN system.

Neither the United Nations nor any of its specialized agencies conceived as a
legislative body. 8
=nowadays parties invoke UN resolutions, UN declarations as if it is the UN
which legislates laws, but the truth is its not. Again What are the legal basis
in IL ? Treaty rules, Customary rules, General principles of Law, but how do
you proves it? From UN resolutions, and declarations, so in effect it is as if UN
became the legislative branch o f International law, but again Class this
should not be the case. Their charters and governing instruments
contemplated that their objectives would be carried out mainly through
recommendations aimed at coordinating (or harmonizing) the actions of
their member states. The authority to impose mandatory rules was limited
(with some exceptions) to the internal administration of the organization in
question)9 But again class nowadays this isnt true.
The rules as to internal rules of UN= mandatory except as between States.
In retrospect, it is not surprising that the major intergovernmental bodies
have utilized their recommendatory authority to achieve binding law where
that served their aims and had the requisites political support. 10

Schachter, Oscar . The UN Legal Order: An Overview. P 3

Schachter, Oscar . The UN Legal Order: An Overview. P 3

Schachter, Oscar . The UN Legal Order: An Overview. P 3

10

Then it discussed norm creating treaty , not only bind the parties, but the
whole international community as discussed in the North Sea case and
Nicaragua case.

Answers:
Question: Relation of international law and Municipal Law
Class this is a Bar question asked several times..What are the two views
on the relations of International law and Municipal law?
According to what may be called the dualistic view. The Law of nations and
the Municipal Law of several States are essentially different from each other.
AS TO SOURCES:
They differ, first, as regards their sources. The sources of Municipal Law are
custom grown up within the boundaries of the State concerned and statues
enacted by the law giving authority.
The sources of International Law are custom grown up among States and lawmaking treaties concluded by them.
AS TO RELATIONS:
The Law of Nations and Municipal Law differ, secondly, regarding the relations
they regulate. Municipal Law regulates relations between the individuals
under the sway of a State and the relations between the State and the
individual. International Law, on the other hand, regulates relations between
States.
AS TO SUBSTANCE:
The Law of Nations and Municipal Law differ, thirdly with regard to the
substance of their law: whereas Municipal Law is a law of a sovereign over
individuals subjected to his sway, the law of Nations is a law not above, but
between, sovereign States, and is therefore a weaker law. 11

On this day Sir required us to recite our answers using the law, using legal
terms.
11

Oppenheim, International Law,Vol. 1 page 37

Question: The Philippines which view we adhere to?

Dualistic view.
Gesal inserts Further discussion from Fr. Bernas book:
AS to Treaties:12
What doe Philippine law follow? In the case of treaties as international law,
they become part of the law of the land when concurred in by the Senate in
accordance with Article VII, Section 21 of the Constitution which sets down
the mechanism for transforming a treaty into binding municipal law.
As to Customary law and treaties which have become customary law, by
saying that the Philippines adopts the generally accepted principles of
international law as part of the law of the land. The Constitution manifests
its adherence to the dualist theory and at the same time adopts the
incorporation theory and thereby makes international law part of domestic
law.

End of lecture:
You went in emptied, you went out something.. by: Atty. Ligutan
Do everything without complaining or arguing, so that you may be innocent
and pure as Gods perfect children, who live in a world of corrupt and sinful
people. You must shine among them like stars lighting up the sky,..
(Philippians 2: 14-15)

12

Bernas, Fr.Joaquin. Introduction to Public International Law. 2009 Ed. Page 60.