[PIL] LESSON 1-5

• Traditional definition of International Law

  A body of rules and principles of action which are binding upon civilized states in their relations with one another
• Schwarzenberger's definition of International Law

  The body of legal rules which apply between sovereign states and such other entities as have been granted international personality
• Modern definition of International Law


  The law that deals with conduct of states and international organizations, their relations with one another, and, in certain circumstances, their relations with persons
• Divisions of International Law


  • Law of Peace
  • Law of War
  • Law of Neutrality
• Private international (or conflict of laws) is not really a branch of international law dealing with disputes that arise from private transactions between individuals or companies or corporations from one country vis-à-vis their counterparts in another country
• Doctrine of Incorporation


  International laws are adopted as part of a state's municipal law, by affirming their recognition of the principles of international law in their constitutions
• Doctrine of Transformation


  Generally accepted rules of international law are not per se binding upon the state but must first be embodied in legislation enacted by the law-making body and so transformed into municipal law
• To attempt to reconcile the apparent contradiction between international law and municipal law and thereby give effect, if possible, to both systems of law
• It should be presumed that municipal law is always enacted by each state with due respect for and never in defiance of the generally accepted principles of international law
• The position of the Philippines regarding the relationship between constitution and treaty is clear enough. There can be no doubt as to the meaning of our constitution when it authorizes the SC to decide, among others, all cases involving the constitutionality of "any treaty, international or executive agreement, law..."
• Naturalist school of thought


  There is a natural and universal principle of right and wrong, independent of any mutual intercourse or compact, which is supposed to be discovered and recognized by every individual through the use of his reason and his conscience
• Positivists


  Believes that the binding force of international law is derived from the agreement of sovereign states to be bound by it
• Eclectics or Grotians


  Both the law of nature and the consent of states as the basis of international law
• Functions of International Law


  • Belief shared by many states in the inherent reasonableness of international law and their common conviction that its observance will redound to the welfare of the whole society of nations
  • Respect for the world opinion held by most states, or their desire to project an agreeable public image in order to maintain the goodwill and favorable regard of the rest of the family of nations
  • The constant and reasonable fear, present even in the most powerful states, that violation of international law might visit upon the culprit the retaliation of other states
  • The machinery of the UN which, within the sphere of its limited powers, has on many occasions proved to be an effective deterrent to international disputes caused by disregard of the law of nations
• In the domestic sphere, the constitution, legislative enactments, and case law (stare decisis - to stand by things decided) constitute such sources. On the international sphere, it is a bit complicated because there is nobody likened to a national legislature, no constitution, and the doctrine of precedents is not applicable.
• Primary/Direct Sources of International Law


  • Treaties/conventions
  • International customs
  • General principles of law recognized by civilized nations
• Secondary/Indirect Sources of International Law


  • Decisions of courts
  • Writing of publicists
• International Community


  The body of juridical entities which are governed by law of the nation
• Elements of a State


  • A permanent population: Human being living within its territory

  Defined territory: Fixed portion of the surface of the Earth in which the people of the state reside

  Government: Agency through which the will of the state expressed and realized is formulated

  Capacity to enter relations with other states (wrongly attributed by others as sovereignty or independence): This includes freedom from outside control in the conduct of its foreign (and internal) affairs
• Classification of States


  • Independent states

  Simple states

  Composite states

  Neutralized states

  Dependent states
• Types of Composite States

  • Real Union

  Federal Union

  Confederation

  Personal Union

  Incorporate Union
• United Nations


  Is not a state or a super state but a mere organization of states, it is regarded as an international person for certain purposes
• The Vatican City


  The Holy See has all the constituent element of a statehood (people, territory: 108.7 acres, government with the pope as head, and independence by virtue of the Lateran Treaty of February 11, 1929, which constitutes the Vatican as a territory under the sovereignty of the Holy See. It has all the right of a state, including diplomatic intercourse, immunity from foreign jurisdiction). It is an observer.
• Colonies and Dependencies


  A colony or a dependency is part and parcel of the parent state, through which all its external relations are transacted with other states. As such, therefore, it has no legal standing in the family of nations. Nevertheless, such entities have been allowed on occasion to participate in their own right in international undertaking and granted practically the status of a sovereign state.
• Mandates and Trust Territories


  The system of mandates was established after World War I to govern territories detached from the defeated powers
• Nations


  Not a state or a super state but a mere organization of states, regarded as an international person for certain purposes
• Vatican City


  • Has all the constituent elements of statehood (people, territory, government, independence)
  • Has all the rights of a state, including diplomatic intercourse, immunity from foreign jurisdiction
  • Is an observer
• Colonies and Dependencies


  Part and parcel of the parent state, through which all its external relations are transacted with other states, has no legal standing in the family of nations
• Mandates and Trust Territories


  Established after World War I to avoid outright annexation of underdeveloped territories taken from defeated powers and place their administration under international supervision
• Kinds of Trust Territories


  • Those held under the mandate under the league of nations
  • Those territories detached from the defeated states after World War 2
  • Those voluntarily placed under the system by the states responsible for their administration
• Belligerent Communities


  When a portion of the population rises up in arms against the legitimate government of the states, treated as an international person and subject to laws of war and neutrality, an inchoative state
• International Administrative Body


  Created by agreement among states, vested with international personality when their purposes are mainly non-political and they are autonomous
• International Administrative Bodies


  • International Labor Organization
  • Food and Agricultural Organization
  • World Health Organization
• Individuals


  Objects of international law who can act only through the instrumentality of their own state in matters involving other states
• Treaties granting individuals rights


  • Treaty of Versailles
  • Genocide Convention
  • 1954 Covenant relating to the status of stateless persons
• The United Nations is an international organization composed of most of the countries in the world, founded in 1945 to promote peace, security, and economic development
• The name "United Nations" was first used in the Declaration by United Nations


  1 January 1942
• The UN Charter was signed by representatives of 50 countries


  26 June 1945
• The United Nations officially came into existence when the Charter had been ratified

  24 October 1945
• Delegates of fifty nations met at the San Francisco Conference from April 25 to June 26, 1945, and prepared and unanimously approved the charter of the United Nations