INTERNATIONAL LAW

The set of rules which governs the

relationship of states among
themselves or those granted
international personality
Main Divisions of IL
Laws of War
Laws of Peace
Laws of Neutrality
Primary Sources
International Treaties and
Conventions
International Customs
General Principles of Law
(estoppel, prescription, pacta sunt
servanda)
Secondary Sources
Decisions of courts
Writings/ teachings of authors
Basis
Law of Nature
Based on and reason and conscience

Positivist School
Based on consent of state
Eclectic or Grotian
Partly because it is good and right
and partly because parties agreed to
be bound by it
International Comity vs Ethics vs
Diplomacy
Comity -Rules of politeness
Ethics justice and morality
Diplomacy interest and
expediency
Sanctions
Belief in the inherent wisdom of the
law
Habits of obedience
Fear of reprisals or punishment
Respect for world opinion
The UN
Types
Diplomatic reduction/removal of
diplomatic ties
Economic trade bans
Military Sanctions
Sports Sanctions
Functions
Intl peace and security
Foster friendly relations
Provide for orderly regulation of the
conduct of states in their mutual
dealings
Insure international cooperation in the
pursuit of common purposes
IL vs Municipal Law
IL
Law of coordination
Regulates relations of
states/persons
Derived from treaties and
other primary sources
ML
Law of subordination
Regulates relations of
individuals among
themselves
From statutory enactments

Enforced by subjects through Enforced by a regular and

self-help pre-existing machinery for
the administration of justice
Collective responsibility Individual responsibility
Doctrine of Transformation

Principles of IL must be enacted in

statutes or become ML before they
can be binding
Doctrine of Incorporation
Generally accepted Principles of IL are
automatically incorporated in the ML
of each state

The Philippines observes this Doctrine

Article 2 Section 2 of the 1987
Constitution

The Philippines renounces was as

instrument of national security and adopts
the generally accepted principles of
international law as part of the law of the
land, and adheres to the policy of peace,
equality, justice, freedom, cooperation and
amity with all nations
Other provisions
Article 1, Section 1 on national territory
Art. II, Sec. 4 on defense of the state
Article II, Section 7 on foreign relations
Article IV on citizenship
Article VII on concurrence to treaties
True or False
1. The Philippines recognizes
the doctrine of incorporation
2. International law, as viewed by the
majority, needs to be enacted in a
statute for it to become binding on the
state
3. International law is designed to
promote peace and security
4. IL is a law of subordination.
5. International comity is a long
established way of doing things by state
because it is obligatory and right
6. A primary source of international law, as
a general rule, is a bilateral treaty
7. The International Law Commission was
created because of the UN Secretariat
8. Municipal law entails individual
responsibility.
9. According to the Law of Nature, the
basis of International Law is agreement
of the states to be bound by it
10. A sanction of international law is the
fear of reprisals, trade bans, sports bans
and others
Using your own words,
explain the importance of
IL?
 Lord, we thank you for another opportunity
for us to learn something new. Thank you
for giving us the privilege to study and
broaden our horizons. As we start this
semester Oh Lord, we ask you to bless
continue to bless us. May we be given the
sight that we may see and that wisdom that
we may understand. Whatever we learn
here, we ask that we use this for the good of
humanity and to spread your Word
. We ask this in the name of Jesus Christ, our
Lord, Amen.
 Father of Light and Wisdom,
thank you for giving me
a mind that can know
and a heart that can love.

Help me to keep learning every day of my life--

no matter what the subject may be.
Let me be convinced that all knowledge leads to you
and let me know how to find you and love you
in all the things you have made.

Encourage me when the studies are difficult

and when I am tempted to give up
Enlighten me when my brain is slow
and help me to grasp the truth held out to me.

Grant me the grace to put my knowledge to use