Law eme CW

• International law


  Regulates relations of states and international persons. It is derived from treaties, international customs, and general principles of law. If conflict arises, the same is resolved through state to state transactions.
• National law


  Regulates relations of individuals among themselves or within the state. It consists of orders, statutory enactments, executive and judicial pronouncements. If there is conflict, the same is redressed through local, administrative, and judicial processes.
• How international law becomes part of the law of the state

  1. Doctrine of Incorporation

  2. Doctrine of Transformation
• Doctrine of Incorporation


  The generally accepted principles of international law are considered as part of a state's national laws by reason of its membership in the family of nations.
• Doctrine of Transformation


  The enactment by the legislative body of such international law principles as are sought to be part of municipal law.
• International Conventions


  International agreements concluded between states, in written form, and governed by international law.
• Bilateral treaties entered into by the Philippines

  • Mutual Defense Treaty with USA
  • Visiting Forces Agreement with USA
  • RP-US Extradition Treaty with USA
• Multilateral treaties/conventions entered into by the Philippines

  • 1982 United Nations Convention on the Law of the Sea (UNCLOS)
  • International Convention on Civil and Political Rights
  • Rome Statute of the International Criminal Court
  • Convention on the Prevention and Punishment of the Crime of Genocide
• International Customs


  Rules of law derived from the consistent conduct of states, acting out of the belief that the law required them to act that way.
• Elements for international custom

  • State practice
  • Opinio juris sive necessitates ("opinion of law or necessity")
• State practice


  Evidence of substantial uniformity of practice by a substantial number of states.
• Opinio juris sive necessitates


  The belief that the given practice is rendered obligatory by the existence of a rule requiring it.
• Regional custom


  A practice among states within a particular area of the world which can be sufficiently well-established and accepted as law that is binding among the states of that region but not elsewhere.
• Special custom


  A long-continued practice between two states, accepted by them as regulating their relations that form the basis of mutual rights and obligations.
• Treaty


  An international agreement conducted between states, in written form and governed by international law.
• Steps in treaty making

  1. Negotiation

  2. Signing of the treaty

  3. Exchange of ratification instruments

  4. Ratification of the treaty

  5. Registration with and publication by the UN Secretariat
• Obligation of a state that has signed a treaty


  Refrain from acts which would defeat the object and purpose of the treaty until it has made its intention clear not to become a party to the treaty or expressed its consent to be bound by the treaty.
• Pacta tertiis nec nocent nec prosunt


  A treaty binds the parties and only the parties.
• Pacta sunt servanda


  Agreements must be kept - Every treaty in force is binding upon the parties to it and must be performed by them in good faith.
• Rebus sic stantibus


  A significant change in circumstances unforeseen by treaty parties, altering the essential basis of their consent to be bound, can justify termination or withdrawal if it radically transforms the remaining treaty obligations.
• Executive agreement


  An agreement concluded by the President based on authority granted by Congress or based on the inherent authority granted to him/her by the Constitution.
• Concordat


  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.
• Elements of a state

  • Permanent population
  • Defined territory
  • Government
  • Capacity to enter into relations with other states
• Ways states are created

  • Discovery and occupation
  • Prescription
  • Cession
  • Accretion
  • Conquest
• State recognition


  An act by which a state acknowledges the existence of another state, government, or belligerent community and indicates its willingness to deal with the entity as such under the rules of international law.
• Wilson/Tobar Doctrine


  Precludes the recognition of governments established by revolution, civil war, coup d'etat, or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government.
• Betancourt Doctrine


  Pertains to denial of diplomatic recognition to any regime, right or left, which came to power by military force.
• Lauterpacht Doctrine


  Precludes the recognition of an entity which is not legally a State as it constitutes an abuse of the power of recognition.
• Stimson Doctrine


  Precludes the recognition of any government established as a result of external aggression.
• Right to independence


  Freedom from control by other state or group of states and not freedom from the restrictions that are binding on all states forming the family of nations.
• Intervention


  An act by which a state interferes with domestic or foreign affairs of another state through the employment of force or threat of force which may be physical, political, or economic.
• Right to equality


  All states are equal in international law despite of their obvious factual inequalities as to size, population, wealth, strength, and degree of civilization.
• Right to existence and self-defense


  A state may take measures including the use of force as may be necessary to counteract any danger to its existence.
• Aggression


  The use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations.
• The UN Charter provides that all states are equal in international law despite of their obvious factual inequalities as to size, population, wealth, strength, and degree of civilization
• When a question arises which has to be settled by consent, every state has a right to one vote only. The vote of the weakest state has as much weight as the vote of the most powerful
• The courts of one state do not as a rule question the validity of the official acts of another state insofar as those acts purport to take effect within the latter's jurisdiction
• Right to existence and self-defense


  A state may take measures including the use of force as may be necessary to counteract any danger to its existence
• Aggression


  The use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations
• Conditions for proper exercise of self-defense


  • An armed attack occurred against a member of the UN
  • It must be confined to cases in which the necessity of self-defense is instant, overwhelming and leaving no choice of means and no moment for deliberation
  • Measures taken must be limited by that necessity and kept clearly within it
  • Must give way to measures that may be taken by the UN Security Council to maintain international peace and security