General Principles

Public International Law

 “International Law”

“Inter” – “Nation”
- Suggests that it involves “states” only
- International relations have evolved to include not only states but
other persons granted international personality (e.g. UN)
 Distinction

Private International Law Public International Law

Conflicts of Law
Set of procedural rules that
determines which legal system
and which jurisdiction apply to a
given dispute
Law of Nations
Body of legal rules which apply
between sovereign states and
such other entities as have been
granted international personality
 Divisions of International Law

Laws of Peace Laws of Neutrality Laws of War

•  Governs normal •  Governs those that •  Governs warring
relations are not involved in states
the war
 Sources of International Law

International
customs
International General
treaties and Principles of
conventions Law
Primary

Decisions of International Teachings

courts Law of publicists
Secondary
 International law vs. Municipal law

2 schools of thought
1. Monists – No distinction
2. Dualists – There is a distinction
 International law vs. Municipal law

International Law Municipal law

International level Domestic level
No political superior Existence of a political superior
Law “between and among” Law of a sovereign “over” its
states subjects
Has several sources Mainly from enactments or by
legislation
Violations are submitted to state Violations are redressed
to state transactions through local processes
Liability is statewide Liability is individual
 Doctrine of Incorporation

International law, although not specifically adopted in municipal

laws or the constitution, are nevertheless part of the law of the
land

The Philippines renounces war as an instrument of national policy,

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.
[Section 2, Article II 1987 Constitution]
 Doctrine of Transformation

Any international law must be “transformed” through legislation

before the said international law could be implemented locally.
 Constitution vs. Treaty

Treaty - a contract in writing between two or more political

authorities (as states or sovereigns) formally signed by
representatives duly authorized and usually ratified by the
lawmaking authority of the state.

In case of conflict, which prevails?

Power of judicial review over “All cases in which the
constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.” [Section 5,
Article VIII]
 Basis of International Law

Problems:
1.  States are co-equals
2.  International law is not enacted by a single authority

Why is international law recognized and obeyed by states?

1.  Law of nature
2.  Positivist theory
3.  Eclectic or Grotian
 Law of Nature School of Thought

▪  Natural and universal principle of right and wrong, independent

of any mutual intercourse or compact
▪  Every individual can act within reason and with conscience
▪  International law is a law above states

Ø Proposed by Samuel Pufendorf

 Positivist theory

▪  International law becomes binding because of the consent of

sovereign states
▪  Consent is expressed in the case of conventional law, implied in
the case of customary law, and presumed in the case of general
principles of law
▪  International law is a law of coordination

Ø Proposed by Richard Zouche

 Eclectics or Grotians

▪  Compromise position
▪  International law is binding because of the law of nature and
consent of states
▪  It is based on right reason and practice of states

Ø Proposed by Hugo Grotius

 Sanctions in international law

1.  General welfare of the society of nations

2.  Normal habits of obedience ingrained in the nature of man as a
social being
3.  Respect for world opinion and the desire to project an
agreeable public image
4.  Constant and reasonable fear of retaliation from other states
5.  Coercive machinery of the United Nations
 Enforcement of international law

1.  Through international organizations or regional groups

2.  Inter-state
a.  Diplomatic relations
b.  Retorsions and reprisals
c.  War

3. Intra-state through municipal law

 Functions of International law

1.  Promote international peace and security

2.  Foster friendly relations among nations and to discourage the
use of force in the solution of differences among them
3.  Provide for the orderly regulation of the conduct of states in
their mutual dealings
4.  Insure international cooperation in the pursuit of certain
common purposes of an economic, social, cultural or
humanitarian character