Lesson 7

• National Law - Regulates relations of individuals among themselves or within the state. It consists  of statutory enactments, executive order, and judicial pronouncement.
• International Law - Regulates relations of states and international persons. It derived from treaties,  international customs, and general principles of law.
• Doctrine of Incorporation - Mainly based under Article 2, Section 2 of 1987 Constitution.
• Doctrine of Transformation - Mainly based under Section 8, Article 21 of 1987 Constitution.
• Bilateral Treaties

  • Mutual Defense Treaty (with USA, signed Aug 30 1959)
  • Visiting Forces Agreements (with USA, signed Feb 10 1998)
• Multilateral Treaties

  • 1982 United Nation Convention on the Law of the Sea (UNCLOS)
  • International Convention on Civil  and Political Rights
• International Customs - Also known as customary law, it consists of rules of law derived from consistent  conduct of states, acting out of the belief that the law required them to act that  way.
• State Practice - It states that there must be evidence of substantial uniformity of practice by a substantial number of state.
• Opinion juris sive necessitates - the belief that the given practice is  rendered obligatory by the existence of a rule requiring it. ( Opinion of law or necessity )
• Jus Cogens - Another category of international customs as these refer to norms that command  peremptory authority, superseding conflicting treaties, and customs which can  neither be derogated nor modified, except by norm or similar character. ( Compelling Law )
• Obligations Erga Omnes - An obligation under general international law that a state owes in any given case to the international community, in view of its common values and its concern for  compliance, so that a breach of that obligation enables all States to take action;  or an obligation under a multilateral treaty. ( Towards All )
• Treaties - Is an international agreement conducted between states, in written form and  governed by international law, whether embodied in a single instrument or in two  or more related instruments.
• Pacta tertiis nec nocent nec prosunt - “A treaty binds the parties and only the parties”
• Pacta sunt servanda - “Agreements must be kept”
• Rebuc sic stantibus - “Things standing thus”
• Executive Agreement - An agreement concluded by the President based on authority granted by the  Congress or based on the Inherent authority granted to him/her by the Constitution.
• Concordant - A treaty or agreement between the Pope and a state or government that deals  with religious matters as well as the recognition and privileges of the Holy See  in other states.