INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATION International Law- the body of legal rules which apply between sovereign

states and such other entities as have been granted international personality. Divisions: Laws of Peace Laws of War Laws of Neutrality International Law vs. Municipal Law 1. Municipal law is issued by a political superior for observance by those under its authority whereas international law is not imposed upon but simply adopted by states as a common rule of action among themselves. 2. Municipal law consists mainly of enactments from the lawmaking authority of each state whereas international law is derived not from any particular legislation but from such sources as international customs, international conventions and general principles of law. 3. Municipal law regulates the relations of individuals among themselves or with their own states whereas international law applies to the relations inter se of states and other international person. 4. Violations of municipal law are redressed through local administrative and judicial processes whereas questions of international law are resolved through state-to-state transactions ranging from peaceful methods like negotiations and arbitration to the hostile arbitrament of force like reprisal and even war. 5. Breaches of municipal law generally entail only individual responsibility whereas responsibility for infractions of international law is usually collective in the sense that it attaches directly to the state and not to its nationals. Functions of International Law: 1. Establish peace and order in the community of nations and to prevent the employment of force, including war, in all international relations; 2. Seeks not an uneasy truce but a lasting accord based on a genuine spirit of international harmony, it strives as well to promote world-friendship by leveling the barriers, as of color or creed, that have so far obstructed the fostering of a closer understanding in the family of nations; 3. Endeavors to encourage and ensure greater international cooperation in the solution of certain common problems of a political, economic, cultural or humanitarian character; 4. Aims to provide for the orderly management of the relations of states on the basis of the substantive rules they have agreed to observe as members of the international community. International Community It is composed not only of states but also of such other international persons as the United Nations, the Vatican City, colonies and dependencies, mandates and trust territories, international administrative bodies, belligerent communities and even individuals.

United Nations -it is not a state or a superstate but a mere organization of states; it is regarded as an international person for certain purposes. Colonies and Dependencies -is a part and parcel of the parent state, through which all its external relations are transacted with other states. As such, it has no legal standing in the family of nations but nevertheless, such entities have been allowed on occasion to participate in their own right in international undertakings and granted practically the status of a sovereign state.

Mandates and Trust Territories -the system of mandates was established after the first world war in order to avoid outright annexation of the underdeveloped territories taken from the defeated powers and to place their administration under some form of international supervision. Kinds of trust territories: 1. Those held under mandate under the League of Nations; 2. Those territories detached from the defeated states after WWII; 3. Those voluntarily placed under the system by the states responsible for their administration. Belligerent Communities -when a portion of the population, occupying a definite territory rises up in arms against the legitimate government of s state. International Administrative bodies -certain administrative bodies created by agreement among states may be vested with international personality when two conditions concur as follows: a. their purposes are mainly non-political; and b. they are autonomous Example: International Labor Organization, WHO, IMF, FAO Purposes of United Nations 1. To maintain international peace and security; 2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take appropriate measures to strengthen universal peace; 3. To achieve international cooperation in solving international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all; 4. To be a center for harmonizing the actions of nations in the attainment of these common ends. Principles of UN 1. The organization is based on the principle of the sovereign equality of all its Members. 2. All members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the charter. 3. All members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice are not endangered. 4. All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the UN. 5. All members shall give the UN every assistance in any action it takes in accordance with the Charter, and refrain from giving assistance to any state against which the UN is taking preventive or enforcement action. 6. The Organization shall ensure that states which are not members of the UN act in accordance with these principles so far as may be necessary for the maintenance of international peace and security. 7. Nothing contained in the present Charter shall authorize the UN to intervene in matters which are essentially within the domestic jurisdiction of any state. Membership 1. Orginal/Charter members- states having participated in the UN conference on International Organization by the UN on Jan. 1, 1942. 2. Elective-others states admitted by the UN.

Qualifications of member: 1. 2. 3. 4. 5. It It It It It must must must must must be a state be peace-loving accept the obligations of the Charter be able to carry out these obligations be willing to carry out these obligations

Organs of the United Nations 1. General Assembly- the most representative of the organs of the UN. It consists of all the members of the organization, each of which is entitled to send not more than five representatives and five alternatives. Functions: a. Deliberative b. Supervisory c. Financial d. Elective e. Constituent 2. Security Council- the key organ of the UN in the maintenance of international peace and security. It consists of five permanent members composed of China, France, UK, Russia and Us, and ten elective members elected for two-year term by the General Assembly. 3. Economic and Social Council-responsible for the promotion of international economic and social cooperation specifically: a. Higher standards of living, full employment, and conditions of economic and social progress and development; b. Solutions of international economic, social, health and related problem, and international, cultural and educational cooperation; and c. Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. 4. Trusteeship Council- charged with the duty of assisting the Security Council and General Assembly in the administration of the international trusteeship system. 5. International Court of Justice- judicial organ of the UN consisting of fifteen members who are elected by absolute majority vote in the General Assembly and the security Council. The functions of the Court are to decide contentious cases and to render advisory opinions. 6. Secretariat- the chief administrative organ of UN. It is headed by a Secretary-General chosen by the General Assembly upon the recommendation of the Security Council. His term of office is fixed at 5 years and he may be reelected. -The Secretary-General is the highest representative of the UN. What is a treaty? -it referred to as a formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing treaty-making capacity. Requisites: 1. 2. 3. 4. 5. Entered into by parties with treaty-making capacity; Through their authorized representatives; Without the attendance of duress, fraud, mistake or, other vice of consent; Lawful Subject; In accordance with their respective constitutional processes.

Reference:Internation Law by Isagani A. Cruz, 2000 edition dexterclingbanan/Socsci 222/comparative government/031512