PUBLIC INTERNATIONAL LAW ASSIGNMENT

1. DEFINE INTERNATIONAL LAW

a. International Law is the body of legal rules which apply between sovereign
states and such other entities as have been granted international personality
b. A body of rules and principles of action which are binding upon civilized
states in their relations with one another
2. BASIS OF INTERNATIONAL LAW
Three theories on this matter:
a. The Naturalist under this theory, there is a natural and universal principle of
right and wrong, independent of any mutual intercource or compact, which is
supposed to be discovered and recognized by every individual through the use of
his reason and his conscience.
b. The Positivist under this theory, the binding force of international law is
derived from the agreement of sovereign states to be bound by it. It is not a law
of subordination but of coordination.
c. The Eclectics or Groatians this theory offers both the law of nature and the
consent of states as the basis of international law. It contends that the system of
international law is based on the dictate of right reason as well as the practice
of states.

3. DISTINGUISH PUBLIC AND PRIVATE INTERNATIONAL LAW

Distinction of Public International Law with Municipal Law
Municipal Law

Public International Law

1. Issued by a political superior for observance 1. Not imposed upon but simply adopted by
by those under its authority;
states as a common rule of action among
themselves;
2. Consists mainly of enactments from the lawmaking authority of each state;
2. derived not from any particular legislation
but from such sources as international
customs, international conventions and the
general principles of law;
3. Regulates the relations of individuals among 3. Applies to the relations inter se of states and
themselves or with their own states;
other international persons;
4.
Violations are redressed through local
administrative and judicial processes; and,
4. Questions are resolved through state-tostate transactions ranging from peaceful
methods like negotiation and arbitration to the
hostile arbitrament of force like reprisals and
5. breaches generally entail only individual even war; and,
responsibility.
5.
responsibility of infractions is usually
collective in the sense that it attaches directly

to the state and not to its nationals.

4. DEFINE DOCTRINE OF INCORPORATION

Doctrine of Incorporation the rules of international law form part of the law of the land and no
further legislative action is needed to make such rules applicable in the domestic sphere. (Sec. of
Justice v. Lantion GRN 139465, Jan. 18, 2000)
This doctrine is followed in the Philippines as embodied in Art. II, Sec. 2 of the 1987 Constitution
which provides that: The Philippinesadopts the generally accepted principles of international
law as part of the law of the land However, no primacy is implied.
It should be presumed that municipal law is always enacted by each state with due regard for and
never in defiance of the generally accepted principles of international law. (Co Kim Chan v.
Valdez Tan Keh).
It is a settled principle of international law that a sovereign cannot be permitted to set up his own
municipal law as a bar to a claim by foreign sovereign for a wrong done to the latter's subject.
(US v Guatemala).

5. DEFINE DOCTRINE OF TRANSFORMATION

a. The generally accepted rules of international law are not per se binding upon
the state but must first be embodied in the legislation enacted by the
lawmaking body and so transformed into municipal law. Only when so
transformed will they become binding upon the state as part of its municipal
law.
Art. VII, Sec. 21 of Phil. Constn: No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all members of the senate.

b. The doctrine of transformation is based upon the perception of two distinct systems
of law operating separately, and maintains that before any rule or principle of
international law can have any effect within the domestic jurisdiction, it must be
expressly and specifically 'transformed' into municipal law by the use of the
appropriate constitutional machinery. This doctrine grew from the procedure whereby
international agreements are rendered operative in municipal law by the device of
ratification by the sovereign and the idea has developed from this that any rule of
international law must be transformed, or specifically adopted, to be valid within the
internal legal order. Another approach, known as the doctrine of incorporation, holds
that international law is part of the municipal law automatically without the necessity
for the interposition of a constitutional ratification procedure.

6. WHICH PREVAILS, INTERNATIONAL LAW OR MUNICIPAL LAW?

CONFLICT BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW: INTERNATIONAL RULE
Before an international tribunal, a state may not plead its own law as an excuse for failure to comply with
international law

Exception: Art. 46 of Vienna Convention = in cases where the constitutional violation was manifest and concerned a
rule of its internal law of fundamental importance
Manifest = objectively evident to any State conducting itself in the matter in accordance with normal practice and in
good faith
CONFLICT BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW: MUNICIPAL RULE
Domestic courts are bound to apply the local law
Should a conflict arise between an international agreement and the Constitution, the treaty would not be valid and
operative as domestic law
Art. 8, Sec. 5 of the Constitution explicitly recognizes the power of the Supreme Court to declare a treaty
unconstitutional; however, even if declared unconstitutional, the treaty will not lose its character as an international
law

7. SOURCES OF INTL LAW PRIMARY AND SECONDARY

A. Primary Sources:
1. Treaties- The general rule is that for a treaty to be considered a direct source of
international law, it must be concluded by sizable number of states and thus reflect the will or
at least the consensus of the family of nations.
2. Custom- A practice which has grown up between states and has come to be accepted
as binding by the mere fact of persistent usage over a long period of time. Custom is
distinguished from usage. The latter while also a long established way of doing things by
states is not coupled with the conviction that it is obligatory and right.
3. General Principles of Law- Mostly derived from the law of nature and are observed
by the majority of states because they are believed to be good and just (e.g. prescription,
estoppel, consent, res judicata and pacta sunt servanda).
B. Secondary Sources: These sources are not authorities in deciding a case but only have a
persuasive effect because it only shows the interpretation of a state to a particular international
law.
1. Decisions of international tribunals
2. Writings and teachings of the most highly qualified publicists

8. PACTA SUNT SERVANDA

Pacta Sunt Servanda international agreements must be performed in Good Faith. A treaty
engagement is not a mere moral obligation but creates a legally binding obligation on the parties. A state
which has contracted a valid international obligation is bound to make in its legislation such modifications
as may be necessary to ensure the fulfillment of the obligations undertaken.
The Philippine Constitution however contains provisions empowering the judiciary to annul
treaties thereby establishing the primacy of the local law over the international agreement.
Art. X, Sec. 2(2) provides that all cases involving the constitutionality of any treaty, executive agreement
or law shall be heard and decided by the Supreme Court en banc, and no treaty, executive agreement or
law may be declared unconstitutional without the concurence of ten justices.
The Constitution authorizes the nullification of a treaty not only when it conflicts with the Constitution but
also when it runs counter to an act of Congress. (Gonzales v. Hechanova).

9. SANCTIONS OF INTERNATIONAL LAW

Sanctions the compulsive force of reciprocal advantage and fear of retaliation.

1
The inherent reasonableness of international law that its observance will redound
to the welfare of the whole society of nations;
2

The normal habits of obedience ingrained in the nature of man as a social being;

3
To project an agreeable public image in order to maintain the goodwill and
favorable regard of the rest of the family of nations;
4
The constant and reasonable fear that violations of international law might visit
upon the culprit the retaliation of other states; and,
5
The machinery of the United Nations which proves to be an effective deterrent to
international disputes caused by disregard of the law of nations.

10. READ PAGE 1-44 BOOK OF CRUZ. HAHA!