Professional Documents
Culture Documents
1.
CONCEPTS
1.
2.
3.
2.
(b) Dualism
A:
(b) Dualism.
Prevailing practice accepts dualism (e.g. Art.
27 of the Vienna Convention on the Law of
Treaties (VCLT) provides: A party may not
invoke the provisions of its internal law as
justification for its failure to perform a
treaty.).
International law, unless made part of the
domestic system, has no role in the
settlement of domestic conflicts.
Case law on dualism as applied in the Phils.:
In a situation [...] where [a] conflict is
irreconcilable and a choice has to be made
between a rule of international law and
municipal law, jurisprudence dictates that
municipal law should be upheld by the
municipal courts for the reason that such
courts are organs of municipal law and are
accordingly bound by it in all circumstances.
The fact that international law has been made
part of the law of the land does not pertain to
or imply the primacy of international law over
national or municipal law in the municipal
sphere. (Sec. of Justice vs. Lantion, G.R. No.
139465, Jan. 18, 2000)
CONTRA: While sovereignty has traditionally
2.
SOURCES
Sources of international law are:
1.
2.
International conventions
International customs
General principles of law
Judicial decisions
Teachings of publicists
a.
XPN:
2.
3.
2.
3.
International customs
GR:
2.
Judicial decisions
Judicial decisions refers to pronouncements of
the:
1.
2.
3.
3.
SUBJECTS
States
A state is a community of persons, more or less
numerous, permanently occupying a fixed territory,
and possessed of a government organized for
political purposes to which the great number of
inhabitants render habitual obedience.
International organizations
International
organizations
are
institutions
constituted by international agreement between two
or more States to accomplish common goals. []
Insofar as they are autonomous and beyond the
control of any one State, they have distinct juridical
personality independent of the municipal law of the
State where they are situated. As such, they are
deemed to possess a species of international
personality of their own. (SEAFDEC-AQD vs. NLRC,
206 SCRA 283, Feb. 14, 1992)
Individuals
dfasfasfsdfsdfsadfasdf
6.
TREATMENT OF ALIENS
TREATIES
1.
2.
Conflicts of jurisdiction
As to form:
1.
2.
Applies to:
3.
1.
JURISDICTION OF STATES
1.
2.
3.
4.
5.
Territoriality principle
Nationality principle and statelessness
Protective principle
Universality principle
Passive personality principle
2.
STATE RESPONSIBILITY
1.
2.
Procedure
Request through diplomatic representative with:
1.
2.
3.
4.
5.
Decision of conviction
Criminal charge and warrant of arrest
Recital of facts
Text of applicable law designating the
offense
Pertinent papers
DFA forwards request to DOJ
and
the
Q:
A:
Hearing
DEPORTATION
Surrender or recovery of
a fugitive back to a local
state,
from
another
state, by virtue of a
treaty.
2.
3.
Principles of IHL
in Geneva, Switzerland.
5.
6.
7.
1.
2.
3.
4.
5.
6.
7.
Baselines
Archipelagic states
a. Straight archipelagic baselines
b. Archipelagic waters
c. Archipelagic sea lanes passage
Internal waters
Territorial sea
Exclusive economic zone
Continental shelf
International Tribunal for the Law of the Sea
The
Bureau
then issues an
International
Registration.