DAGDAG NOTES - PUBLIC INTERNATIONAL LAW
philosopher, law consists of
International Law
It is a body of rules and principles of
action which are binding upon
civilized states in their relations to
one another.
Scope of International Law
a. Regulation of space
expeditions;
b. Division of the ocean floor;
c. The protection of human
rights;
d. The management of the
international financial system;
e. Regulation of the environment.
Limitations of International Law
The basic challenge to international
law as law is the claim that there
can be no law binding sovereign
states. Moreover, there exists no
international legislative body.
There is, of course, the General
Assembly of the United Nations; but
its resolutions are generally not
binding on anybody. There is no
international executive. The Security
Council was intended to be that
entity but it is often effectively
hamstrung by the veto power.
Neither is there a central authority
that can make judgments binding
on states. The International Court of
Justice can bind states only when
states consent to be bound.
Theories in International Law
Command Theory. In the view of
John Austin, a renowned legal
commands originating from a
sovereign and backed up by threats
of sanction if disobeyed.
Consensual theory. Under this theory,
international law derives its binding
force from the consent of the states.
Treaties are an expression of
consent, Likewise, custom, as
voluntary adherence to common
practices, is seen as expression of
consent.
Natural law theory. The natural law
theory posits that law is derived by
reason from the nature of man.
International law is said to be an
application of natural reason to the
nature of the state-person. Although
the theory finds little support now,
much of customary law and what
are regarded as generally accepted
principles of law are in fact an
expression of what traditionally was
called natural law.
Theories in International Relations
Realist Theory. This theory provides
that States are in a constant struggle
for power; therefore, each State can
be reasonably assumed to be acting
only in pursuit of their individual
interests.
Institutionalist Theory. This theory is
more interested with understanding
international relations through the
interplay of States in the different
institutions. As such the relations of
States are a product of their
interaction not only among
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themselves, but also with various
institutions and hierarchical structures
in the global political sphere.
Neoliberalist Theory. This theory
proceeds from an assumption that
States are geared towards gains and
profit, therefore relations are often
dependent on whether the same
would be profitable or not.
Democratic Peace Theory. This
theory provides that democratic
States are generally hesitant to go to
war with other democratic States.
Hegemonic Stability Theory. This
provides that the global system is
likely to be stable when controlled
by a single State which will be known
as the Hegemon.
Public vs. Private International Law
Public international law governs the
relationships between and among
states and also their relations with
international organizations and
individual persons.
Private international law is really
domestic law which deals with cases
where foreign law intrudes in the
domestic sphere where there are
questions of the applicability of
foreign law or the role of foreign
courts.
Historical development of
International Law
What may be called ancient
international law governed
exchange of diplomatic emissaries,
peace treaties, etc., in the world of
ancient Romans and even earlier.
There is evidence of treaties
concluded between Jews and
Romans, Syrians and Spartans. The
progressive rules of jus gentium, seen
as a law “common to all men,”
became the law of the vast Roman
empire.
Modern international law began with
the birth of nation-states in the
Medieval Age. The governing
principles were derived from Roman
Law or Canon Law which in turn
drew heavily from natural law.
Hugo Grotius, Dutch is considered
father of modern international law.
He authored De Jure Belli ac Pacis.
What he called the “law of nations”
was later given the name of
“international law” by the British
philosopher Jeremy Bentham.
Significant milestones in the
development of international law
a) The Peace of Westphalia,
which ended the Thirty Years
War (1618-1648) and
established a treaty based
framework for peace
cooperation. (Pacta sunt
servanda);
b) Congress of Vienna (1815),
which ended the Napoleonic
Wars and created a
sophisticated system of
multilateral political and
economic cooperation;
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c) Covenant of the League of This has reference not to

Nations (1920) which included principles of international law but
the Treaty of Versailles which to principles of municipal law
ended World War I. common to the legal systems of
the world.
Sources of International Law
Judicial decisions
a) Customs;
b) Treaties and other Article 38 of the Statute directs
international agreements; the Court to apply judicial
c) Generally recognized decisions as subsidiary means for
principles of law; the determination of the rules of
d) Judicial decisions; law. But this is made subject to
e) Teachings of highly qualified Article 59 which says that “the
and recognized publicists; decisions of the court have no
binding force except between
Customs
the parties and in respect of that
A general and consistent particular case.”
practice of states followed by
Teachings of highly qualified
them from a sense of legal
writers and publicists
obligation. This statement
contains the two basic elements In many cases of first impression,
of custom: the material factor, the only authorities that can be
that is, how states behave, and cited are writers. In common law
the psychological or subjective jurisdictions, there is reluctance to
factor, that is, why they behave use them, more so in the US than
the way they do. in Britain. In civil law jurisdiction,
there is more ready reference to
Treaties
writers.
Treaties determine the rights and
“Publicists” are institutions which
duties of states just as individual
write on international law. They
rights are determined by
also play a role. The more
contracts. Their binding force
significant ones are: The
comes from the voluntary
International Law Commission, an
decision of sovereign states to
organ of the U.N.; the Institut de
obligate themselves to a mode of
Droit International, the
behavior.
International Law Association, a
General principles of law multinational body; the (Revised)
recognized by civilized nations. Restatement of Foreign Relations
Law of the United States; and the
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annual publication of the Hague
Academy of International Law.
Equity
Equity, when accepted, is an
instrument whereby conventional
or customary law may be
supplemented or modified in
order to achieve justice. It has
both a procedural and
substantive aspect. Procedurally,
it means a mandate given to a
judge to exercise discretion in
order to achieve a determination
that is more equitable and fair.
Intra Legem (within the law), that
is, the law is adapted to the facts
of the case;
Praeter legem (beyond the law),
that is, it is used to fill the gaps
within the law; and
Contra Legem (against the law),
that is, a refusal to apply the law
which is seen as unjust.
Other supplementary evidence
UN Resolutions
Declarations of legal principles
and Resolutions by the United
Nations are generally considered
merely recommendatory. But if
they are supported by all the
states, they are an expression of
opinio juris communis.
Soft Law
Not included among the sources
is what a growing literature refers
to as “soft law.” Others prefer to
call this category “non-treaty
agreements.” They are
international agreements not
concluded as treaties and
therefore not covered by the
Vienna Convention on the Law of
Treaties.
Constitutional Provisions in the
Philippines
PREAMBLE
We, the sovereign Filipino people,
imploring the aid of Almighty
God, in order to build a just and
humane society, and establish a
Government that shall embody
our ideals and aspirations,
promote the common good,
conserve and develop our
patrimony, and secure to
ourselves and our posterity, the
blessings of independence and
democracy under the rule of law
and a regime of truth, justice,
freedom, love, equality, and
peace, do ordain and
promulgate this Constitution.
Article II: DECLARATION OF
PRINCIPLES AND STATE POLICIES
Section 2. 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,
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justice, freedom, cooperation,
and amity with all nations.
Section 11. The State values the
dignity of every human person
and guarantees full respect for
human rights.
Section 14. The State recognizes
the role of women in nation-
building, & shall ensure the
fundamental equality before the
law of women & men.
ARTICLE III: BILL OF RIGHTS
Section 3.
1. The privacy of communication
and correspondence shall be
inviolable except upon lawful
order of the court, or when public
safety or order requires otherwise,
as prescribed by law.
2. Any evidence obtained in
violation of this or the preceding
section shall be inadmissible for
any purpose in any proceeding.
ARTICLE V: THE LEGISLATIVE
DEPARTMENT
Section 3. No person shall be a
Senator unless he is a natural-born
citizen of the Philippines and, on
the day of the election, is at least
thirty-five years of age, able to
read and write, a registered
voter, and a resident of the
Philippines for not less than two
years immediately preceding the
day of the election.
Article VII: EXECUTIVE
Section 2. No person may be
elected President unless he is a
natural-born citizen of the
Philippines, a registered voter,
able to read and write, at least
forty years of age on the day of
the election, and a resident of
the Philippines for at least ten
years immediately preceding
such election.
ARTICLE XIII: SOCIAL JUSTICE AND
HUMAN RIGHTS
Section 1. The Congress shall give
highest priority to the enactment
of measures that protect and
enhance the right of all the
people to human dignity, reduce
social, economic, and political
inequalities, and remove cultural
inequities by equitably diffusing
wealth and political power for the
common good.
To this end, the State shall
regulate the acquisition,
ownership, use, and disposition of
property and its increments.
Section 2. The promotion of social
justice shall include the
commitment to create economic
opportunities based on freedom
of initiative and self-reliance.
ARTICLE XVI: GENERAL
PROVISIONS
Section 1. The flag of the
Philippines shall be red, white,
and blue, with a sun and three
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stars, as consecrated and
honored by the people and
recognized by law.
ARTICLE XII NATIONAL ECONOMY
AND PATRIMONY
Section 2. All lands of the public
domain, waters, minerals, coal,
petroleum, and other mineral oils,
all forces of potential energy,
fisheries, forests or timber, wildlife,
flora and fauna, and other
natural resources are owned by
the State.
With the exception
agricultural lands, all other natural
resources shall not be alienated.
The exploration, development,
and utilization of natural resources
shall be under the full control and
supervision of the State.
The State may directly
undertake such activities, or it
may enter into co-production,
joint venture, or production-
sharing agreements with Filipino
citizens, or corporations or
associations at least 60 per
centum of whose capital is
owned by such citizens.
Such agreements may be for a
period not exceeding twenty-five
years, renewable for not more
than twenty-five years, and under
such terms and conditions as may
provided by law.
In cases of water rights for
irrigation, water supply, fisheries,
or industrial uses other than the
development of waterpower,
beneficial use may be the
measure and limit of the grant.
The State shall protect the nations
marine wealth in its archipelagic
waters, territorial sea, and
exclusive economic zone, and
reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow
small-scale utilization of natural
of
resources by Filipino citizens, as
well as cooperative fish farming,
with priority to subsistence
fishermen and fish workers in
rivers, lakes, bays, and lagoons.
The President may enter into
agreements with foreign-owned
corporations involving either
technical or financial assistance
for large-scale exploration,
development, and utilization of
minerals, petroleum, and other
mineral oils according to the
general terms and conditions
provided by law, based on real
contributions to the economic
growth and general welfare of
the country.
In such agreements, the State
shall promote the development
and use of local scientific and
technical resources.
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The President shall notify the
Congress of every contract
entered into in accordance with
this provision, within thirty days
from its execution.
United Nations Charter
The principal international
organization is the United Nations.
It came into being on October
24, 1945, when the UN Charter
came into force. The membership
now includes almost all the
world’s independent nations.
International Court of Justice
The international Court of Justice
is the principal judicial organ of
the UN. It is the successor to the
Permanent Court of International
Justice established by the League
of Nations. It came into being in
1945 through the Statute of the
Court. All members of the UN are
ipso facto parties to the Statute of
the International Court of Justice.
Being party to the Statute,
however, does not mean
acceptance of the jurisdiction of
the Court. It simply means that
the state may accept the
jurisdiction of the court. The
Statute opens the court’s door to
member states. Only states may
be parties in the court.
International Criminal Court
A significant development in the
protection of human rights is the
International Criminal Court
created by the 1998 Rome
Statute. The treaty came into
force in April 2002 when the 60th
century needed to establish the
International Criminal Court
submitted its ratification.
However, although nearly all the
world’s democracy support the
court, the United States continues
to refuse ratification. Nor has the
Philippine Government ratified
the Rome Treaty as of this writing.
Hitherto, international crimes were
prosecuted in ad hoc criminal
courts.
Conflicts in the Middle East
Israeli/Palestinian Conflict
The history of Israel runs very deep
and throughout time this land has
been occupied by various rulers.
It is considered a holy site by both
the Jews and the Arabs,
Jerusalem is considered sacred to
both parties. Tensions between
Jews and Arab Muslims have
existed for many centuries dating
back to ancient times.
But for contemporary purposes
we are going to start in 1948
when Israel became an official
state. Conflict ensued almost
immediately as backlash by the
Arabs. The battle for who rightful
land Israel is has been the
backbone for much of the
fighting that still goes on today.
There have been many battles
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and acts of violence over the
decades. Today Israel is
dominated by the Jews with
Palestinians not technically
owning any land. Both groups
blame each other and while
outside nations are seeking a
two-state solution the Jews and
Palestinians are yet to give in and
make peace.
Syrian Civil War
The Arab Spring was a series of
pro-democracy demonstrations
throughout the Middle East
beginning in late 2010. These
mostly peaceful protests started
to turn violent in some countries,
most notably in Syria. It began
when a group of teenage boys
spray painted "The people
demand the fall of the regime" on
buildings in the city of Deraa.
These boys were arrested and
tortured, one of the boys was
tortured to death. More than
seven years later, over 500,000
Syrians have died and over 5
million of Syria's 22 million in total
population have fled the
country. Syrian President, Bashar
al-Assad has led a violent,
authoritarian regime and has
brutally defended his power in
the wake of revolution. The civil
war eventually became global
with the inclusion of Russia and
Iran backing the Shia led Bashar
Government. The United States
and Europe backed the rebels
who are almost all Sunni. The
Islamist militant group, ISIS gained
control of a lot of land in Syria
using the civil war as a way to
further their cause. Today, it
seems that President al-Assad is
going to be victorious and remain
in power with the help of Russia,
Iran and Hezbollah (Shia militant
group). The war is not over and
ramifications will continue for
many years, but the outcome
seems final.
Battle Against ISIS
ISIS, or the Islamic State of Iraq
and Syria is a Sunni terror group
that has owned large areas in
Iraq and Syria over the last seven
years. Born from al-Queda in
Iraq, ISIS began its mission in 2011
by taking over large territories in
Iraq and later Syria. Between
2011 and 2017 ISIS reeked havoc
throughout the Middle East and
the world. ISIS has been know to
be even too brutal for most of the
other militant, terror groups
throughout the region. Hundreds
of terror attacks, be-headings,
torture and other barbaric tactics
were used by ISIS. In 2014, after
ISIS took control of Mosul, Iraq's
second biggest city, the groups
leader declared his territory a
"caliphate" which means that he
was declaring that ISIS was now
an official state the all Muslims
must abide by.
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ISIS ambition however led to their Saudi Arabia and Iran have never
downfall. After reaching its peak declared war on each other but
in 2014 ISIS could not sustain its these two countries are bitter
lofty goals. rivals. Saudi Arabia is almost
elusively Sunni and Iran is almost
ISIS began to use international
all Shia which adds to the
terrorism and gather recruits
tensions. They are involved in
throughout the world with the use
almost every conflict that goes on
of propaganda and social
in the region. Instead of direct
media. ISIS has claimed or been
war these countries battle
the motivation behind terror
through proxy wars which is
attacks throughout the world
where they fight indirectly and
including the United States,
back or aid other countries in
Europe and Africa.
their conflicts. It is hard for these
The Iraqi government with much countries to function when Iran or
help from the Kurds and US air Saudi Arabia is influencing
strikes declared victory over ISIS in events. Iran and Saudi Arabia
late 2017 and the extremest see these other conflicts as
group now has only about 4% of threats to their national interests.
the land it had at its height. ISIS
It wasn't until 1979 with the Iranian
however, has not been defeated
revolution that the rivalry really
and is now in a regrouping stage
begins. The Sunni, Shia split was
and the question becomes how
not the original spark of the rivalry
to keep them from re-emerging.
but it played a big part going
History has repeated itself many
forward. Starting in 1980 Iran
times in this region with the
started backing Shia groups in
constant chaos, sectarian rivalries
Iraq, Afghanistan and Saudi
and lack of a cohesive plan from
Arabia to help overthrow the
all parties it makes is much easier
government. This made Saudi
for Islamist groups to come back
Arabia double up their efforts to
when the time is right. They
help stave off Iran. The first proxy
flourish in the midst of mayhem
war started with the Iran/Iraq war
and until hostility in the region is
(1980-1988) and Saudi Arabia
contained threats of extremist
started to reinforce Iraq to help
groups will always be there. And
build them up. In 2003 Iraq
unfortunately, peace does not
became the home of another
seem to be on deck anytime
proxy war between the two when
soon.
the United States invaded Iraq
Middle Eastern Cold War and overthrew Saddam Hussein.
Iraq turned to civil war and many
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Sunni and Shia militias were

formed, each acting a proxy to
Saudi Arabia and Iran. Each
country sending aid to there
respective proxy militias. These
proxy wars continued into the
Arab Spring with each country
throwing their weight behind
different groups who favored their
interests. Proxy wars escalated in
Tunisia, Bahrain, Libya, Lebanon
and Morocco. Now each
country has included their own
military. In Yemen the Saudi
military is on the ground trying to
help the government fighting
against Iranian proxy groups. In
Syria the opposite is happening
during their civil war. Iran is
backing the Assad regime while
Saudi Arabia is backing the Sunni
rebels. As chaos continues to
ensue in these countries, Saudi
Arabia and Iran will continue to
try and stop the other from
gaining the upper hand. Neither
country wants to declare war on
each other but if things continue
to escalate there is no telling
what might happen.