INTERNATIONAL LAW

 Types of International Law:

1. PRIVATE INTERNATIONAL LAW (Conflicts of Law/Law of Different States)
-It deals law of states to what extent they are compatible.
-Covers law of different states as they relate or are in conflict with one another.
-Its focus is to look upon the relationship of two or more states in order to find a way to reconcile them.

2. PUBLIC INTERNATIONAL LAW

-Rule of human conduct.
-Governs the relationship of the parties involved.
-There are mandates to be followed and sanctions to execute when not followed.

 Basis of Public International Law:

1. School of -Postulates the natural moral law as the basis of Public International Law.
Natural -Based on human conscience/collective conscience (Universal Virtue- love, peace…)
Moral law -Thru this law, a man is supposed to do whatever is right and avoid whatever is evil.
2. Positivist -Common consent of states and other international persons that govern the relationships of this
School International Entities (States and other International persons)
-Example of International Entities:
a. World organizations (UN, League of Nations)
b. Regional Organizations of States (ASEAN, EU, AU…etc.)
c. Other regional Organizations (Economic and non-economic in nature as long as its recognized by UN)
3. Eclectic -Public International Law must be based on natural moral law and on common consent.
School/
Grotian
School

 Classification of Law:
1. Divine Law- law directly mandated by the divine (10 Commandments)
2. Natural law- existing, fix order, and set of laws governing nature
3. Positivist/Human Law- laws promulgated by man/man-made laws

INTERNATIONAL LAW- is a branch of political law

- is a branch of human law and is based on natural moral law and on common consent of states
and other international persons

*******”OUR WORLD’S RELATIONSHIP IS BECOMING MORE INTERDEPENDENCE!”*******

 Reasons why States follow International Law:

-bec. of the fear of reprisal and war from other states
-belief in the reasonableness of the law of Nations
-fear of being unconventional
-in order for the state not to be isolated/segregated
-in order to be in consonance with other state
-it’s an advantageous for the part of the state and all
-for states to promote individual common good
-to settle conflicts and achieve mutual development
(economically)
-in order that the state will not become the object of evilness
-to avoid chaos
-for common development
-to avoid misunderstanding with of among other states

 How International Law is made:

-It comes about by the virtue of treatise and International Agreements

SOVEREIGNTY: each sates must supposed to be independent

from any external forces
ISSUE OF CHINA VS. PHILIPPINES: United Nations cannot
promulgate law and cannot forcefully make China follow the
decision of the Tribunal because each state is said to be
sovereign.
What China get from not following the decision of the said
tribunal: Adverse public opinion of different states
Reason: Because china is a powerful/hegemon states (in terms
of economic, military, and population)
  Public International Law vs. Municipal Law:
PUBLIC INTERNATIONAL LAW MUNICIPAL LAW
Principal Sanctions -reprisal -civil execution (in Civil Law)
-war -criminal punishment (in Criminal Law)
-embargo
-boycott
-threat
-diplomatic pressure
-severance of diplomatic relations
Operation/ -It is decentralized -Centralized (in the sense that one central
Coordination authority-the domestic government alone-
generally legislates for everybody within the
states)
Who is responsible? -All states (responsibility is based on -Only duly constituted authorities by the
collectivity) constitution of the state (individual responsibility
generally prevails)
Sources -Treatise and International Agreements -Government authorities so authorized
(Congress- legislative authority)
-people/group of people relative to the
constitution
Enforcement/ -comparatively harder to enforce (it being -comparatively easier to enforce, because the
Implementation imposed by the collective will of equals such as people who are the subjects of the law invariably
the SOVEREIGN STATES) recognized the “superiority” of the government

who will enforce/ --Collective actions (based on COLLECTIVITY) of -Executive branch thru executive authority
implement members of UN

 How does Municipal law relate to International Law?

1. DOCTRINE OF INCORPORATION
- it states that for an international law to become part of municipal law, each individual rule of international law must be consciously
incorporated in it by legislative act, promulgation of a treaty, …etc.

2. DOCTINE OF ADOPTION
-state can adopt international law if and only if the law is consistent with the municipal law
- Applicable only to courts and not to any other branch of the government
- Court will decide if international law should be consider or otherwise

3. DOCTRINE OF HARMONIZATION
-court is directly involved in which the court will harmonize international law with the municipal law
- Harmonize: court will determine the area of commonality on where the international law and municipal law agree together. But on
area where they disagree, international law are to be set aside.

4. DOCTRINE OF GENERALLY ACCEPTED PRINCIPLES

-where as long as there is constitutional authority, international law is automatically considered part of the municipal law
-example: Article 2, section 2 of the 1987 Philippine Constitution:
Renunciation of war as an instrument of national policy (offensive war except defensive war)
-Philippines is not bound to follow international law (Itchong v. Hernandez P25)
-Pro international Law (Kuroda v. Jalandoni P19)

***Supreme Court is not always consistent***

***Philippines is not always consistent in its pronouncement in the application of international law***
PRINCIPLE OF TERRITORY>Criminal Law
Asserts that Philippine Criminal Law applies to every individual within Philippine territory

Philippine Embassy Abroad: Considered as extension of Philippine territory

International Convention on the Law of the Sea

Identified territorial sea/maritime zone/maritime sea (territorial of adjacent state) of state

*Crimes committed within the territory of the Philippines will be the jurisdiction of the Philippine court.
 BUT, there are 2 international doctrine on the question of jurisdiction:
CIRCUMSTANCE: Crime committed aboard a foreign vessel anchored or within the Philippine territorial sea. Which doctrine on the
question of jurisdiction will be applied?
1. FRENCH RULE
-the flag state has jurisdiction over the offense or crime, unless such crime/offense would affect/disturb the peace and order of the
shore state, in which case, the same adjacent shore/state will assume jurisdiction.

2. BRITISH RULE
-adjacent state assumes jurisdiction over offense/crime committed aboard the foreign vessel except when such offense/crime
relates to the internal discipline of the crew members.

This explain why Philippines is inconsistent.

*latest which the Philippines apply according to PAGASA: BRITISH RULE

***CONSENT given by states in the rule of human conduct is what makes Public International Law. The said consent can be described
in different ways which likewise become the basis of Public International Law.***

 Classifications of Public International Law according to CONSENT of States:

1. CONVENTIONAL PUBLIC INTERNATIONAL LAW

-Public International Law is expressly agreed or consented to by the state.
-consent given by the state is expressed
-follow majority rule- expressly majority of the states must give consent in order to adopt the rule of conduct

2. CUSTOMARY PUBLIC INTERNATIONAL LAW

-consent given implicitly (implied)
-implicit/implied concurrence by the state over the subject rules
-implicit is manifested on human conduct
-state following Public International Law voluntarily: implied observance
-state is not a signatory of Public International Law but is following it
-notwithstanding the fact that the state is not signatory, the official pronouncement of the state is being consenting/implied the said
Public International Law

3. GENERAL PUBLIC INTERNATIONAL LAW

-consent is not expressly or implicitly given but rather it is presumed to have been given
-criteria:
-covers both Customary and Conventional Public International Law in the sense that this Public International Law has been existing
for a long period of time
-This particular rule o conducts is universally considered as part of the rule of mankind
  Classification of PIL based on STATUS of relationship bet. and among states:

1. PUBLIC INTERNATIONAL LAW ON WAR

-if states at war/presence of contests between states (ex: Geneva Convention)
-war refers to arm struggle/ state is on arm struggle

2. PUBLIC INTERNATIONAL LAW ON PEACE

-if states at peace/ no arm struggle
-status quo is maintained

3. PUBLIC INTERNATIONAL LAW ON NEUTRALITY

-one that is guaranteed by outside states
-external grant of other states; other states determine the neutrality of other states (it is notably the strong states who guarantees
who will be known to become neutral states)
-state is neutral

 Specialized areas/topic of Public International Law (p36):

This are specialized studies in the sense that this are really of interest in International Relations and likewise; this are also
disciplines which are quite popular and existing because these topics comes from day by day in the relationships between and
among states.

1. INTERNATIONAL ORGANIZATIONS
-focus on world organizations (League of Nations- United Nations) and includes also regional organizations (ASEAN, EU, AU) and
organizations which are not related to states (Rotary Club International, Red Cross International)

2. INTERNATIONAL TRADE
-preceded international org./ not new
-mankind has been a natural trader in which man by himself cannot produce what he needs that’s why he trades
-focus on international commercial transactions and international finance in which private banks participate
-laws on commerce and trade governing the exchanges of goods and services

3. INTERNATIONAL FINANCE AND BANKING

-includes the study of international financial institutions (IMF-WB, Inter-American Development Bank, ADB) and their impact on
international and private commercial and banking practices
-focus on the movement of currencies and other documents of value
-Movement of money is classified into 2:
a. Regular/legitimate money exchanges
b. Illegitimate/black market monetary movements/exchanges

4. HUMAN EXODUS AND DISPLACEMENT

-because of bloody strikes and armed movements/ civil conflicts

5. INTERNATIONAL PROTECTION OF HUMAN RIGHTS

-focus on the study of both international law of human rights and the international humanitarian law
-respect and protect human life and integrity

6. ENVIRONMENTAL CONCERNS
-focus on the protection of the environment

7. MARITIME INTERESTS/OCEANOGRAPHY
-before, oceans were simply concerns of geographers and swimmers; now it is also the concern of PIL

8. STUDY OF SPACE
-focus on planetary system, universe, and galaxy
  Origin/History Public International Law:
***Greece is known for the origin of Politics, China for Artistry, but in the case of laws, it is originally the product of the ROMAN
EMPIRE!***

ROMAN EMPIRE (500 years of ruling) - longest empire that has survive because of the genius mind of Julius Caesar.

 Foundation of Public International Law:

1. JUS CIVILE
-Civil Code/Law 3. JUS COGENS
-a law during Roman Empire which governs all the Romans in -common laws which are inexcusable for those who do not
the universe apply
-is considered to be the first form of PIL, since it is not limited -it has a common force/effect in which you cannot move
to one setting but it stretches towards the vast lands away from them
-a civil law of ancient Rome that applied to Roman citizens, it -laws that are forcefully expected in the relationships
formed part of the foundation for later national legal systems between and among states
of Europe and other parts of the world
4. JUS NATURALE
2. JUS GENTIUM -law of nature which governs relationship between and
-laws of non-Romans/ law of the outcast among individuals and territories
-a discriminatory law -has a relationship with JUS COGENS (something which are
-Gentile-outcast, second class citizens universal)
-overall objective is to insure the maintenance of peace and
order

***After the fall of the ROMAN EMPIRE, sub-kingdoms

which were ruled by monarchs emerged (City-States) and they ***Regional Organizations started to prosper. PIL were
were the one who has control on the relationship between focused then on regional concerns. It was the Regional
other states.*** Organizations that initiates PIL (1950’s-1960’s).***

***After the kingdom collapsed, PIL was pioneered by the
LEAGUE OF NATIONS then subsequently by the UNITED
NATIONS organization.***
***It was then evident that international law were under
the influence of LN and UN. States who are members will
agree to such arrangements and forges them to become
Public International Law***
***1970’s-present= still, Regional organizations PIL but not
necessarily anchored on the principles of LN and UN***
***PRESENTLY, the concerns of PIL are not anymore focused
on the STATE alone but also on the INDIVIDUALS within a
state, making these individuals not only a CITIZEN of a certain
state but a CITIZEN OF THE WORLD.***

-PIL in detail governs inter-state and inter-citizen relationship!

Trend of Relationship: BOUNDARYLESS RELATIONSHIP

*INTERNATIONAL CONFLICTS (to solve international conflicts, parties must rely to International Law)
conflicts between and among states or other international persons.

 What constitutes International Law?/Sources of Public International law:

1. BILATERAL AGREEMENTS/TREATIES -It constitutes International Conventions
-If they are agreed upon, then it will give rise to INTERNATIONAL CONVENTION
2. MULTILATERAL AGREEMENTS/TREATIES

NOTE: However as a warning, it’s not automatic that a bilateral or multilateral treaty would become an International Convention;
and therefore become a part or source of PIL. If it will be agreed upon, then it that case, fully and to be implemented upon, then it
becomes International Convention.

Example (Multilateral Agreement): UN Charter >it was agreed upon in 1945 by the different states and later on many states
become member of the UN Organization. That being the case, they are actually giving their consent to this agreement and so we
have a more than sufficient multilateral agreement (considered as International Law or source of International Law).
Example(Multilateral Agreement): United Nations Convention on the Law of the Sea (UNCLOS)>it governs interrelationships in
claims by maritime states over certain maritime objects in as much as this has been agreed upon by 120 states in Jamaica on 1982.
Then in that case, it is an International Convention. It’s a part of International Law, and it is one of the sources of PIL.

3. INTERNATIONAL CUSTOMS
-it is different from International Practice (International Practice is a prerequisite to International Customs)
-International Practice is not a part of International Law because it is a prerequisite to International Customs
- it has to be first an International Practice before it becomes an International Custom and therefore a part of PIL

*When does International practice become an International Custom?

When it is widely/worldly observed already.

*What‘s that uniqueness in the case of International Convention that makes it an International Convention?
There is express consent given by the parties.

*What‘s that uniqueness in the case of International Custom that makes it an International Custom?
Because it is widely practice or it is worldly observed; then in that case an International Custom is one in which states impliedly or
implicitly give their consent or affirmation.

*Estoppel (in law) => in the sense that it is something in which it can be attributed to you or it is one in which you are agreeing by a
lot of certain situations or factors. THERE IS IMPLICIT CONSENT GIVEN (agreed though not clearly or directly stated that he or she
gives its consent).
Example: a.) Will you be my GF, Silence as a response means YES. (The person upon whom that statement is address to is
estopped)
b.) If you are observing such a rule, then in this case the Principle or Doctrine of Estoppel likewise applies.

4. COURT DECISIONS
-this could be decisions made by International Tribunals or by Municipal Courts particularly the supreme courts/the highest court of
a state
-includes decisions of International Tribunals:
=>Permanent Court of Arbitration (PCA), International Court of Justice (ICJ), International Criminal Court (ICC) in which one of our
own, the former Raul Pangalalyaman (a former publisher of Inquirer) has been taken in to be a member of the ICC

Example: Kuroda vs. Jalandoni and Itchong vs. Hernandez

5. PRONOUNCEMENT/WORKS OF INTERNATIONAL AUTHORITIES/PUBLICIST/WRITERS

-Among notable authorities includes: Oppen Himeir and Hugo Grotius (writers in the early 1900’s)
-includes decisions of International Tribunals as an international authorities:
=>Permanent Court of Arbitration (PCA), International Court of Justice (ICJ), International Criminal Court (ICC) in which one of our
own, the former Raul Pangalalyaman (a former publisher of Inquirer) has been taken in to be a member of the ICC

6. GENERAL PRINCIPLES OF INTERNATIONAL LAW (Principle that is universal either in PIL or Municipal Law)
*Prescription=> the setting of time within which an action may be made, otherwise such privilege will be lost.
Example (Criminal Law): Case of simple slander must have to be filed within 30 days. Up to the lapse of 30
days, the case shall have lapse which means there is prescription.
Example (Civil Law): a.) If one enter in written contracts and there is violation therefore but you have to wait
for 11 years , the court will dismiss if you file a case because it prescribe in 10 years.
b.) Verbal Agreement expires in 6 months.

*Observance of the Principle of Specialibus Non Derogant=> in the interpretation of law, special laws prevail over
general laws

*Precedent=> it is one which arouse where in a case there is similarity of issues, parties, and facts with a previous case already
decided then the same decision should apply
=> is one that is actually aspect of what is known as Stare Decisis
*Stare Decisis=> this doctrine states that where there are similarities in points of law, the decisions thereof will have to be
same in the subject cases or the points of law will simply be observed and applied likewise in another case

*Due Process=> is supposed to be universal, it has to be followed by all and therefore one cannot be (accuser, prosecutor,
judge, and implementer) at the same time
=> no party, no one, the accuser, the prosecutor, judge and implementer all at the same time, there is no due
process if that is the case

*Pacta Sunt Servanda=> it simply means that every party in a treaty must observe the same in good faith (to avoid taking
undue advantage of others)
Applicable in International Relation or International Arena because these Doctrines or Principles
*Rebus Sic Estantibus deal about Treaties or International Agreements

*Exhaustion of Administrative Remedies=> applicable to both domestic and International Law

=> exhaust first all the administrative remedies by going to the administrative offices
in order to ventilate your grievances/complains before coming to court
=> if you don’t exhaust reference to administrative body, then you as the party be
violating the Doctrine of Non-exhaustion of Administrative Remedies

Example: Cuban firm that file a suit directly to the ICJ against a certain bank in the USA but ICJ dismiss the case bec. the said Cuban
Firm has not exhausted its administrative remedies. It should have gone first to the court of USA before coming to ICJ.

*Ex Aequo et Bono (Equity and Fairness) => whenever there is no law upon which a judge could base his/her decision in coming up
to resolve conflicts between and among parties, the judges are bound to make a
decision even though there is no law and based on that statement, the said judge must
have to decide on what is just and what is right.

*What is just and what is right/ What is equity and what is fairness?
-There is really no harm and fast definition of what is just and what is fair. It is only a matter of emphasis. If you would like to
emphasize something, the court would say, you have to favor the poor and the marginalize. That is one in which the emphasis of
what is fair and what is justice is focused. On the other hand, there should be no discrimination between the rich and the poor. If the
rich deserve what it deserves, so be it and vise versa. The question is a question of situation and not a question of fact (ex: 4P’s).

 SUBJECTS AND OBJECTS OF PIL:

***The difference between being the SUBJECT and being the OBJECT of PIL is whether or not the entity or party is directly vested
with international rights and obligations.***

***Then if it is directly vested with rights and obligations ***If it is indirectly vested with rights and obligations by IL,
under IL, that would be a SUBJECT of PIL.*** then that is the OBJECT of PIL.***

*Vested with rights and obligations=> simply means it possesses or exercises such rights and or obligation

 Subjects of PIL:
1. STATES  Objects of PIL:
2. INTERNATIONAL ORGANIZATIONS 1. INDIVIDUAL BEINGS=> we become subjects of PIL if a
3. DEPENDENT STATES state/states take cudgel (represent) for us.
4. BELLIGERENT COMMUNITIES
5. COLONIES
6. DEPENDENCIES
7. POSSESSIONS
8. MANDATE/TRUST TERRITORIES
  Subjects of PIL:
1. STATES

2. INTERNATIONAL ORGANIZATIONS

3. DEPENDENT STATES
a.) Protectorate States=> it has all the powers of the state except those expressly excluded by the protector or expressly waived by
the protectorate itself

b.) Suzerain States=> the suzerainty does not have the powers of the state saved those expressly granted to it by the suzerain
Power

* The Suzerain is more dependent than that of the Protectorate

4. POSSESSIONS
5. [COLONIES COMMONALITY: They are territories which are fully under the control,
6. DEPENDENCIES supervision, and direction of another states or another entity.

*Which one is more dependent over the other?

Dependency (1st) - most dependent
Colony (2nd)
Possession (3rd) - less dependent/freer

DEPENDENT STATES
Entity that oversee:
a.) Mandates Mandatories, League of Nations
b.) Trust Territories United Nations Organization specifically the Trusteeship Council
and the Administering Authorities

* Roles of those which oversee both the trust territories and mandates=> they manage them and at the same time provide their
security as well as insure their development

Similarities: This territories are not yet states and that we have the world body (LN/UN) looking into them.

BELIGERENT COMMUNITIES=> it remind us of the so called insurgents or the rebels (BUT THEY VARY FROM EACH OTHER)
=> Is not yet an insurgency group or not a rebel group

BELLIGERENT COMMUNITIES INSURGENCY GROUPS/REBEL GROUPS

=>Is not an insurgency group/rebel group bec. a belligerent =>they are not yet the subjects of PIL
community it is a subject of PIL

***THEY HAVE INTERNATIONAL PERSONALITY but not all

subjects of PIL are automatically with International Personality.
And those subject of PIL which are incomplete/incomplete
personality are without International personality.

EXAMPLE OF SUBJECT OF PIL WHICH ARE INCOMPLETE:

*Confederation=> is a subject of PIL but as a whole, it has an
incomplete personality and therefore it has no complete
international personality but all the members of confederation
which are state by themselves are subject of PIL.

*Federal Organization=> more or less it has an international

personality because it is also more or less considered as a
complete person and particular example of this is of course the
USA. It is a federal entity or in fact it is a federal state.
=>they have political end (both)
*Political end covers PUBLIC POLITICAL PURPOSE
=>an armed group or organization (both)
=>a belligerency group is more refined in organization (better
organized than an insurgent/rebel group)
=>a belligerent community follows the rules of war in
engagement (attack=defensive or aggressive)
=>the territorial coverage of belligerency is wider than that of
insurgency
=>a belligerent community is managed by a responsible group
or officers
********END OF PRELIMS********
=>they have political end (both)
=>an armed group or organization both)
=>an insurgency group may be organized
=>does not follow the rules of warfare
=>the territorial coverage of insurgency is smaller than that
of belligerency
=>where command responsibility cannot be determined in an
insurgent/rebel group
EXAMPLE: In localities which involved armed conflict, the usual
identity given to them is no other than rebels or insurgents
AND NOT AS BELLIGERENTS.