POLITICAL LAW REVIEW

Public International Law

Second Semester, AY 2019-2020
Prof. Gwen Grecia-de Vera

XVII. PUBLIC INTERNATIONAL LAW

A. Concepts

1. Obligations erga omnes

2. Jus cogens
3. Ex aequo et bono

B. Relationship between international and national law

Monist v. Dualist
Vis-à-vis Philippine Law
1987 Constitution, Article II, Section 2
1987 Constitution, Article VII, Section 21
1987 Constitution, Article VIII, Section 5(2)(a)
Gonzales v. Hechanova, G.R. No. L-21897, October 22, 1963
Tanada v. Angara, G.R. No. 118295, May 2, 1997
Pimentel v. Office of the Executive Secretary, G.R. No. 158088, July 6, 2005
Pharmaceutical and Health Care Assn. of the Philippines (PHAP) v. Health Secretary, G.R. No. 173034,
October 9, 2007

C. Sources of obligations in international law

International Court of Justice (ICJ) Judgment of 27 June 1986 in case concerning Military and Paramilitary
Activities in and against Nicaragua (Nicaragua v. USA (http://www.icj-cij.org/docket/files/70/6503.pdf)

D. Subjects

1. States
2. International organizations
3. Individuals

United Nations Charter, Article 2

Montevideo Convention on the Rights and Duties of States (1933)
ICJ Summary of Advisory Opinion of 11 April 1949, Reparation for Injuries Suffered in the Service of
the United Nations (http://www.icj-cij.org/docket/files/4/1837.pdf)
ICJ Summary of Advisory Opinion of 8 July 1996, Legality of the Use by a State of Nuclear Weapons in
Armed Conflict (http://www.un.org/law/icjsum/9622.htm)

E. Jurisdiction of states

1. Basis of jurisdiction

a. Territoriality principle
 b. Nationality principle and statelessness
c. Protective principle
d. Universality principle
e. Passive personality principle

2. Exemptions from jurisdiction

a. Act of State doctrine

b. International organizations and its officers

Summary of ICJ Judgment of 24 May 1980, Case Concerning US Diplomatic and Consular Staff in
Tehran (http://www.icj-cij.org/docket/index.php?p1=3&p2=5&p3=-1&y=1980)
Jurisdictional Immunities of the State (Germany v. Italy), ICJ Judgment, 3 February 2012
Arrest Warrant of 11 April 2000 (DRC v. Belgium), ICJ Judgment, 14 February 2002
Reagan v. Commissioner of Internal Revenue, G.R. No. L-26379, December 27, 1969
United States v. Ruiz, G.R. No. L-35645, May 22, 1985
Republic of Indonesia v. Vinzon, G.R. No. 154705, June 26, 2003
Liang v. People of the Philippines, G.R. No. 125856, March 26, 2001
International Catholic Migration Commission v. Calleja, G.R. No. 85750, Sept. 28, 1990
Department of Foreign Affairs v. NLRC, G.R. No. 113191, September 18, 1996

F. General principles of treaty law

Vienna Convention on the Law of Treaties between States (1969)

Vienna Convention on the Law of Treaties between States and International Organizations or between
International Organizations (1986)
Executive Order No. 459 dated November 25, 1997
BAYAN v. Zamora, G.R. No. 138570, October 10, 2000
Nicolas v. Romulo, G.R. No. 175888, February 11, 2009
China National Machinery v. Santamaria, G.R. No. 185572, February 7, 2012
Land Bank of the Philippines v. Atlanta Industries, G.R. No. 193796, July 2, 2014
Saguisag v. Executive Secretary, G.R. No. 212426, January 12, 2016

G. Doctrine of state responsibility

I. Refugees

1951 Convention relating to the Status of Refugees

1967 Protocol relating to the Status of Refugees
Department of Justice Circular No. 58, Establishing the Refugee and Stateless Status Determination
Republic v. Karbasi, G.R. No. 210412, July 29, 2015
Principle of non-refoulement

J. Extradition

Secretary of Justice v. Lantion, G.R. No. 139465, January 18, 2000

See Pres. Decree No. 1069 or the Philippine Extradition Law

K. Basic principles of International Human Rights Law

Universal Declaration of Human Rights (1948)

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International Covenant on Civil and Political Rights (1966)
International Covenant on Economic, Social and Cultural Rights (1966)
Republic v. Sandiganbayan, G.R. No. 104768, July 21, 2003

L. Basic principles of International Humanitarian Law

M. Law of the sea

1. Baselines
2. Archipelagic states
3. Internal waters
4. Territorial sea
5. Contiguous zone
6. Exclusive economic zone
7. Continental shelf and extended continental shelf
8. International Tribunal for the Law of the Sea (ITLOS)

United Nations Convention on the Law of the Sea (UNCLOS)

United Kingdom v. Norway (Fisheries Case) Summary at (https://www.icj-cij.org/files/case-

related/5/1811.pdf)
United Kingdom v. Albania (Corfu Channel Incident Case) Summary at (https://www.icj-
cij.org/files/case-related/1/1647.pdf)
In re Arbitration Between the Republic of the Philippines and the People's Republic of China, PCA Case
No. 2013-19, Award (July 12, 2016), (http://www.pca-cpa.org) [or Carpio: Philippine Sovereign Rights
and Jurisdiction in the West Philippine Sea (particularly pp 19-64, 143-164, 203-227), at
(http://www.imoa.ph/downloads/)]

Magallona v. Ermita, supra.

Presidential Decree No. 1599 (1978) EEZ
Republic Act No. 9522 (2009) baselines
Administrative Order No. 29 (2012) (West Philippine Sea)

N. Basic principles of International Environmental Law

See Climate Change Act of 2009, Rules of Procedure for Environmental Cases, A.M. No. 09-6-8-SC (on
the precautionary principle)
See International Service for the Acquisition of Agri-Biotech Applications, Inc. v. Greenpeace Southeast
Asia, G.R. No. 209271, December 8, 2015, Resolution dated July 26, 2016 (reversing Decision and
dismissing petition for mootness)
Rio Declaration
Cartagena Protocol

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Note from 2019 Bar Syllabus for Political Law: This syllabus is an outline of the key topics that fall under
the core subject “Political and International Law.” Accordingly, all Bar candidates should be guided that
only laws, rules, issuances, and jurisprudence pertinent to these topics as of June 30, 2018 are examinable
materials within the coverage of the 2019 Bar Examinations.

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