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Institute of Law
2nd Sem, 2015-2016
Course Title:
PUBLIC INTERNATIONAL LAW
Course Unit: 2 units
Lecturer:
DR. RODEL A. TATON, LL.M., DCL1
The course is devoted to a study of the detailed contents of the international law, in
substantive and procedural aspects and its role in the international community. It expounds
on the important principles and case law which should be considered by the law students.
This course examines the subject matter of international law particularly the areas most
frequently asked and with the current trends in the international community, can be possible
sources in the preparation for the bar examinations.
The course will discuss the nature of international law, the subjects of international law, the
law of treaties, the jurisdiction of states, state responsibility and international human rights.
Further, international dispute resolution will be tackled as war and peace must be focused in
this current times.
POLICIES/REQUIREMENTS
Students are expected to participate in discussions. Grades will be based on class standing
and two (2) major examinations.
MATERIALS
A. The standard book will be BERNAS, JOAQUIN G. (2009) AN INTRODUCTION TO PUBLIC
INTERNATIONAL LAW, Rex Printing Company: Quezon City Philippines.
B. Students may utilize other sources/materials to answer the Guide Questions indicated
in every topic, using relevant case law and materials from their personal research.
C. Students are required to read the cases cited and those that are listed in the items
below.
D. The text of foreign cases may be downloaded from the following:
http://www.echr.coe.int/Eng/judgments.htm
http://www.supremecourt.gov.ph
http://www.icj-cij.org/icjwww/decisions.htm
http://www.worldbank.org/icsid/cases/awards.htm
1 Dr. Taton is currently the Dean of the Graduate School of Law, San Sebastian
College-Recoletos Manila, a Graduate School of Law Professorial Lecturer at the
University of Santo Tomas Graduate School of Law (Master of Laws and Doctor of
Civil Law), UST-University of San Agustin Master of Laws Consortium. He is also a
professorial lecturer at the SSC-R Institute of Law on Persons and Family Relations,
International Human Rights and Public International Law. He is an MCLE lecturer at
the University of the Philippines Law Center, San Beda College and Manila Law
Center, Integrated Bar of the Philippines and other accredited MCLE providers on
Updates and Trends in International Dispute Resolution and International
Commercial Arbitration. He has degrees in Bachelor of Arts in Political Science,
Bachelor of Laws, Master of Laws and Doctor of Civil Law. He manages Taton Law
and Notarial Office. Email may be sent to: rodeltaton@gmail.com
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COURSE OUTLINE:
I.
Dean Merlin Magallona, The Concept of Jus Cogens in the Vienna Convention on the
Law of Treaties, in International Issues in Perspective (1996)
Fr. Joaquin G. Bernas, S.J., 2009 Chapter 3: The Law of Treaties, in An Introduction to
Public International Law, (Rex Printing Company, Inc.), pp. 22-56.
Santos III vs. Northwest Orient Airlines, 210 SCRA 256.
Tanada III vs. Angara, 272 SCRA 18.
Arthur Lim et.al., vs. Executive Secretary, GR # 151445, April 11,2002.
BAYAN et al., vs. Executive Secretary, G.R #138570, October 10, 2000.
Pimentel vs. Executive Secretary , G.R No. 158088. July 6, 2005.
Constantino vs. Cuisia, G.R. No. 106064. October 13, 2005.
Fr. Joaquin G. Bernas, S.J., 2009, Chapter 7: Territory: Land, Air, Outer Space,
Chapter 8: Territory: Law of the Sea, Chapter 9: Jurisdiction of States and Chapter
10: Immunity from Jurisdiction, in An Introduction to Public International Law, (Rex
Printing Company, Inc.), pp. 103-116; 120-131; 133-219.
The Province of North Cotabato et al. v. The Government of the Republic of the
Philippines et al. G.R. Nos. 183591, 183752, 183893, 183951 and 183962, 14 October
2008
Western Sahara Advisory Opinion, 1975 I.C.J. 12
Island of Palmas, 2 R.I.A>A. 829, 844 (1928)
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Fr. Joanquin G. Bernas, S.J., 2009, Chapter 11: State Responsibilty, and Chapter 12:
International Human rights Law, in An Introduction to Public International Law, (Rex
Printing Company, Inc.). pp. 223-247;248-265.
Smith and Grady vs. UK, 29 EHRR 493 (1999).
Johansen vs. Norway, 23 EHRR 33 (1996).
USA
vs.
Iran
(December
15,
1979),
available
at:
http://www.icjcij.org/icjwww/icases/iusir/iusi_iorders/iusir_19791215.pdf
Iran vs. USA (November 6, 2003), available at:
http://www.icj-cij.org/icwww/ipresscom/ipress2003/ipresscom200338_op_20031106.htm
(La Grand Case) Germany vs. USA (2001), available at:
http://www.icj-cij.org/icjwww/ipresscom/ipress2001/ipresscom2001-16_20010627.htm
(Abu Ghraid Prison Case) Human Rights Abuses by the USA (2004), at:
http://www.publicintegrity.org/report.aspx?aid=396&sid=100
Ireland vs. UK, 2EHRR 25 (1978).
Aksoy vs. Turkey, 23 EHRR 553 (1996).
Aydin vs. Turkey, 25 EHRR 251 (1997).
Fr. Joaquin G. Bernas, S.J., 2009 Chapter 6: Other Subjects of International Law, in
an Introduction to Public International Law, (Rex Printing Company, Inc.), pp.87-101
SEAFDEC vs. Hon Acosta, 241 SCRA 681 (1995).
WHO vs. Hon. Aquino, 48SCRA 242 (1972).
DFA vs. NLRC, 262 SCRA 39 (1996).
Tanada vs. Angara, GR No. 118295, May 2, 1997.
The United Nations, available at: http://www.un.org/aboutun/index.html
The World Trade Organization, available at:
http://www.wto.org/english/thewto_e/whatis_e/whatis_e.htm
The International Court of Justice, available at:
http://www.icj-cij.org/icjwww/igeneralinformation.htm
The World Bank (ICSID), available at:
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http://web.worldbank.org/WBSITE/EXTERNAL/EXTABOUTUS/O,,pagePK:5004410piPK:36602-theSitePK:29708,00.html
The European Union, available at: http://european.eu.int/abc/index_en.htm
The ASEAN, available at: http://www.aseansec.org/64.htm
VII. WAR AND PEACE
Fr. Joaquin G. Bersan, S.J., 2009 Chapter 13: Peaceful Settlement of International
Disputes, Chapter 14: The Use of Force Short of War, and Chapter 15: The Law of
War, in An Introduction to Public International Law, (Rex Printing Company, Inc.), pp.
267-294; 295-302;307-317.
Page 4 of 7
GUIDE QUESTIONS
Part I
Is international law- law?
What are the bases of International law?
What is meant by jus cogens?
What is meant by erga omnes?
What is meant by opinion juris?
What are the sources of International Law?
Distinguish soft law from hard law?
How do we distinguish Private international law from public international law?
Is there collective responsibility for a breach of international law?
What is the extent of a States freedom of action?
Distinguish between the Monist and Dualist theorist of International law.
Distinguish between the doctrine of incorporation and the doctrine of transformation.
In case of conflict between minucipal law international law, which should prevail?
What are the Calvo and Drago doctrines?
What is the Doctrine of Sovereign Equality of States?
What is the Doctrine of Non-Intervention?
What is the Principle of Self-Determination of People?
PART II
What are elements of a State?
Is Recognition an element of a State?
What are the theories on Recognition of a State?
Distinguish the following doctrines: Tobar/Wilson, Stimson, and Estrada.
Distinguish de jure from de facto recognition.
Is the Holy See a State?
What is the Principle of Succession of States/Government?
What is Belligerency?
What is the Uti Possidetis Doctrine?
What is the Doctrine of Sovereign Immunity?
What is the Act of State of Doctrine?
Part III
Distinguish between Treaty and a Executive Agreement?
What is meant by a peremptory norm?
How is a treaty made?
What are the essential requisites of a valid treaty?
What is the effect of a Reservation?
What is a Protocol de Cloture?
When does a treaty take effect?
When may non-signatories be bound by a treaty?
What is the effect of non-ratification of a treaty?
What is the Principle of Effectiveness in the interpretation of treaties?
What is meant by the Principle of Pacta Sunt Servanda?
What is meant by the Principle of Rebus Sic Stantibus?
What is the effect of a breach of a treaty?
What are the grounds for invalidating a treaty?
How are treaties terminated?
PART IV
What are the modes of acquiring territory?
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