International Law the body of legal rules which apply between sovereign states and such other entities

s as have been granted international personality. similarly referred as the law of nations Divisions of International Law 1. Laws of Peace govern the normal relations of states 2. Laws of War regulates the states when war breaks out between or among them, for the duration of the hostilities 3. Laws of Neutrality governs the relationship between those states not involved in the war (which continues to be governed by the law of peace) and the belligerents, or those involve in the war Views on the Distinction between Intl Law and Municipal Law > The monists believe in the oneness or unity of all law - to them, the main reason for the essential i dentity of the 2 spheres of the law isthat some of the fundamental notions of Intl Law cannot be comprehend without the assumptions of a superior legal order from which the various systems of Municipal law are, in a sense, derived by way of delegation > The dualists believe in the dichotomy of the law and there are certain well-established differences between international and municipal law International Law Municipal Law 1. not imposed upon but 1. issued by a political adopted by states as a superior for observance by common rule among those under its authority themselves 2. derived not from a 2. consists mainly of particular legislation but enactments from the from sources such as, lawmaking authority of each international customs, state international conventions and the general principals of law 3. applies to the relations 3. regulates the relations of inter se of states and other individuals among international persons themselves or with their own states 4. questions of international 4. violations are redressed law are resolved through through local administrative state-to-state transactions and judicial processes 5. infractions of such is 5. breaches generally entail usually collective in the only individual sense that it attaches responsibilities directly to the state and not to its nationals NOTE: it is possible for a principle of municipal law to become part of international law, as when the principle is embodies in a treaty or convention

The Doctrine of Incorporation the state affirms the recognitions of the principles of international law in their constitutions The Doctrine of Transformation views that the generally accepted rules of international law are not per se binding upon the state but must first be embodied in a legislations= enacted by the lawmaking body and so transformed into municipal law: only when they are transformed shall they be binding as part of the municipal law Rule on Conflicts between Intl and Municipal Law Attempt to reconcile the apparent contradiction, thereby giving effect to both systems of law NOTE: it should be presumed that municipal law is always enacted with due regard and never in defiance with the general accepted principle of international law Constitution VS Treaty > The Constitution authorizes Supreme Court to decide, among others, all cases involving the constitutionality of any treaty, international or executive agreement, law XXXX Basis of International Law > Naturalist Law of Nature, described as a higher law or a rule of human conduct independent of positive enactment and even of special divine revelation, and binding always and everywhere in view of its intrinsic reasonableness - uses mans reasons and conscience - considered a law above states > Positivist the Agreement of sovereign states is the binding force of International Law - acknowledgment of the law is necessary to bind the states; such CONSENT is expressed in conventional law, implied in customary law, and presumed in general principles of law st nd > Eclectics or the Groatians Both Laws (1 and 2 mentioned) as the basis of International Law - GROTIUS, the father of International Law: the system of Intl Law is based on the dictate of the right reason as well as the practice of states NOTE: In case of conflict, the Law of Nature shall prevail Sanction of International Law XXXX Functions of the International Law (PoFIM)

1. to establish peace and order in the community of nations and to prevent the employment of force including war, in all international relations 2. to promote world friendship 3. to encourage and ensure greater international cooperation in the solution of common problems of political, economic, cultural or humanitarian character 4. to provide for the orderly management of the relations of states on the basis of the substantive rules they have agree to observe as member of the international community Sources of International Law A. Primary Sources 1. Treaties of Conventions 2. Customs 3. General Principles of Law B. Secondary Sources 1. Decisions of Courts 2. Writings of most highly qualified publicists Treaty Xxx 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 Principle of Exterritoriality - XXX International Community - sometimes referred as the FAMILY OF NATIONS, it is the body of juridical entities which are governed by the law of nations - composed of states, and other international personalities such as the United nations, the Vatican City, colonies and dependencies, mandates and trust territories, international administrative bodies, belligerent communities, and even individuals XXXXX Elements of a State 1. People XXX 2. Territory XXX 3. Government XXX 4. Sovereignty XXX Classification of States A. Independent States 1. Simple States one which is place under a single and centralized government exercising power over its internal and external affairs

2. Composite States consist of two or more states, each with its own separate government but bound under a central authority exercising, to a greater or less degree, control over their external relations 2.1 Real Union 2.2 Federal Union 2.3 Confederation 2.4 Personal Union 2.5 Incorporate Union B. Dependent States 1. Protectorate 2. Suzerainty XX 2 Conditions for recognition of Intl Administrative Bodies 1. their purpose are mainly non-political 2. they are autonomous THE UNITED NATIONS - juridical and also an international personality - vested with prerogatives normally pertaining only to sovereign states - granted such powers such as sending and receiving diplomatic agents, conclude treaties, and govern territories Dumbarton Oaks Proposal initial blueprint of the Organization, was prepared at a conference in Washington by the representatives of the United Kingdom, USSR, and the United States, later joined by China UN Charter approved at the San Francisco Conference and came into force on October 24, 1945