PUBLIC INTERNATIONAL LAW

Course Outline
S.Y. 2013-2014

A. Foundation Topics in Public International Law
1. Definition and Distinguished from Private International Law

Discussion:
What id Public International Law?
What is Private International Law?
What is the relationship between Public and Private International Law?

Private International Law is called Conflict of Laws, it is part of Domestic Law.

Generally accepted principles of international law become part of the law of the land,
Sec. 2 or Art. II of 1987 Constitution.

Doctrine of Transformation: ???

Doctrine of Incorporation: internationally accepted law will be automatic to be part of the
domestic law.

2. Origins and Nature of International Law

A. The Case of the S.S. Lotus, PCIJ, January 4, 1927

Internationally accepted principle----freedom of the seas.. The event happened at the high seas,
so, no state has jurisdiction of the case,, In this case, they applied the jurisdiction of the Flag
Carrier

Origins of Intl. Law:
1. Consent of the two or more countries who entered into a treaty.
2. Customs
3. Publicist------(NOT)
4. Precedents---(NOT)
5. Municipal judgment
6. (So ooonnnnnn..)

Customary international law > opinion juris > practice consistently

By the nature of Man, as rational animal, they entered into an association which formed into a
nation-government. Then, this Nation as sovereign, entered into treaties (give consent) and later
it become the International Society (LAW), which will bind among them.

B. Nuclear Tests Cases, ICJ, Dec. 20, 1974

ISSUE: Is there an actual controversy? > Judicial issue> rights violated
HELD: No > due to unilateral act by the France Govt..
Unilateral act can create international legal obligation, it binds the one who made the act.

C. Nuclear Weapons Advisory Opinion, ICJ, July 8, 1996
D. Barcelona Traction Case, ICJ, July 24, 1964

3. Sources of International Law: Treaties, Custom, General Principles, Unilateral
Declarations and Soft Law

A. Diversion of Waters from the Meuse Case, PCIJ< June 28, 1937

Source: Treaty. not customary law because there is a treaty binding among them. So, it must
be followed.

B. The Anglo-Norwegian Fisheries Case (1951)

Source: Custom, it is by practice among the nation for so long time ago.

C. The North Sea Continental Shelf Cases, ICJ, Feb. 20, 1969

Principle of equidistance is not customary law because.?
The court did not give how to delimit.?
By virtue of the principle of continental shelf-projection of land, as it is already owned.
In the Fishery Cases, UNCLOS-International customary law
Norway-Archipelago > Norwegian baseline method> because it was practice long time ago and
accepted by the neighboring country.. So, UK is stopped..

D. Nicaragua vs. Honduras, ICJ, Dec. 20, 1986
E. Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, ICJ, July 9, 2004
F. Gibbs vs. Rodriguez, 84 Phil 230
G. Kuroda vs. Jalandoni, 83 Phil 171
4. Reception of International Law in Domestic Law
A. Vienna Convention on the Law of Treaties
B. The Communities Case, PCIJ Advisory Opinion # 17, July 31, 1930
C. Treatment of Polish Nationals at Danzig, PCIJ Advisory Opinion # 23, Feb. 4,
1923
D. Aroa Mines Case, Reports of International Arbitral Awards, Vol. IX. P.402-4-
5
E. The Pacquete Habana Case, 175 US 677
F. Villaruel vs. Manila Motor Co., Inc., GR No. L-10394, Dec. 13, 1958
G. Barovsky vs. Comm. Of Immigration, et al., GR. No. L-4352, Sept. 28, 1951
H. Phillip Morris, Inc. vs. Fortune Tobacco Corp., GR. No. 158589 Jun 27, 2006
5. Subjects of (and Actors in) International Law: States, International Organizations,
Natural Persons
A. East Timor Case, ICJ Jun. 30, 1995
B. Case Concerning the Gabcikovo-Nagymaros Project, 1997
C. Reparation for the Injuries Cases, ICJ Advisory Opinion, April 11, 1949
D. World Health Org. vs Hon Aquino, G.R. No. L-35131 Nov. 29, 1972
E. Nottebohm Case, ICJ April 6, 1995
6. Territorial Jurisdiction: over Land (including Self-Determination), Water (law of the
Sea), Antarctic and Outer Space (Outer Space Treaty and Moon Treaty)
A. North Sea Continental Shelf Cases, ICJ, Feb 20, 1969
B. Island of Las Palmas Case, Reports of International Arbitral Awards, Vol.II,
p.829-871 (1928)
C. Barcelona Traction Case, supra.
D. Eastern Greenland Case, PCIJ April 5, 1933
E. Temple of Preah Vihear Case, ICJ, Jun 15, 1964 & Nov. 11, 2013
F. Legal Consequences of the Construction of the Wall in the Palestinian
Territory, supra.
G. Corfu Channel Case (merits), PCIJ, April 9, 1949
H. The Case of the S.S. Lotus, supra.
7. Basis of State Jurisdiction over People and Things
A. US vs. Look Chaw, Dec. 16, 1910

The Philippines has jurisdiction because the opium has landed on Phil.

B. People vs. Wong Cheng, Oct. 19, 1922

Having the opium smoked within our territorial limits, even though aboard a foreign
merchant ship, is a breach of the public order, because it causes such drugs to
produce pernicious effects within our territory.
Philippines has jurisdiction over the case

C. Djibouti vs. France, ICJ June 4, 2006


8. State Responsibility and Immunities
A. Case Concerning the Gabcikovo-Nagymaros Project, supra
B. Corfu Channel case (merits), supra.
C. Vienna Convention on the Law of Treaties
D. Barcelona Traction Case, supra.
E. Serbia & Montenegro vs. UK, ICJ, Dec.14, 2004
F. Vienna Convention on Diplomatic Relations and Optional Protocols
G. Vienna Convention on Consular Relations
H. Avena Case (Mexico vs. USA), ICJ, March 31, 2004
B. Specific Issues in International Law
1. International Human Rights Law

It is the formalization of the customary International Law

A. Filartiga vs. Pena-Irala, 630 F.2d 876, June 30, 1980

Torture: in the customary international law, it is not an act of the state

B. Universal Declaration of Human Rights

(inherent human dignity)

C. International Convention on Civil and Political Rights and Optional Protocols
D. Guerrero vs. Colombia, Human Rights Cmte., March 31, 1982

In the International Law, act of the state is not a valid defense

E. Roger Judge vs. Canada, HRC, July 28, 2006
F. International Covenant on Economic, Social and Cultural Rights
G. International Convention on the Protection of the Rights of Migrant Workers
and Members of their Families
2. Use of Force
A. Geneva Convention for the Amelioration of the Conditions of the Wounded
and Sick in Armed Forces in the Field
B. Geneva Convention for the Amelioration of the Conditions of the Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea
C. Geneva Convention Relative to the Treatment of Prisoners of War
D. Geneva Convention Relative to the Protection of Civilian Persons in Time of
War
E. Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, supra.
F. Protocol I of the Geneva Conventions
G. Protocol II of the Geneva Conventions
H. Oil Platform Case, ICJ, Nov 6, 2003
3. International Criminal Law
A. Convention on the Prevention and Punishment of the Crime of Genocide
B. Akayesu Decision of the International Criminal Tribunal for Rwanda, Sept. 2,
1998
C. Bosnia-Herzegovina vs. Yugoslavia, ICJ, July 11, 1996 and Feb. 3, 2003
4. International Environmental Law
A. Trail Smelter Case (1907)
B. Case Concerning the Gabcikovo-Nagymaros Project, 1997
C. Nuclear Weapons Advisory Opinion, supra