Professional Documents
Culture Documents
PIL Reviewer - For Final Exam
PIL Reviewer - For Final Exam
PIL Reviewer - For Final Exam
Source:
Regulates who:
Violation:
Breach/Infraction:
International Law
- not imposed but simply adopted by
states as a common rule of action
among themselves
- derived NOT from any particular
legislation BUT from sources such as
international customs, international
conventions and the general
principles of law
- relation inter se of states and other
international persons
- resolved through state-to-state
transactions ranging from peaceful
methods like negotiations and
arbitration to the hostile arbitrament
of force like reprisals and even war
- collective in the sense that it attaches
directly to the state and not to its
nationals
* If there are conflicts between Municipal and International Law, which prevails?
The basic rule would be to attempt to reconcile the apparent contradiction and therby give effect, if
possible, to both systems of law. For this purpose, it should be presumed that municipal law is always
enacted by each state with due regards for and never in defiance of the generally accepted principles of
international law.
But it was held in a dispute between Great Britain and Venezuela, that there could be no question
that national laws must yield to the law of nations if there was a conflict.
Constitution v. Treaty
Generally, treaty is rejected in the local forum but is upheld by international tribunals as a
demandable obligation of the signatories under the maxim pacta sunt servanda (agreements must be kept
in good faith)
Position of the Philippines: Our Constitution authorizes the Supreme Court to decide, among
others, ALL cases involving the constitutionality of any treaty, international or executive agreement, law
Ruby T. Sumague
PIL reviewer, 2B, Amba Greg
Ruby T. Sumague
PIL reviewer, 2B, Amba Greg
Custom v. Usage
Custom - with conviction that it is obligatory and right
- Practice which has grown up between states and has come to be accepted as binding by
the mere fact of persistent usage over a long period of time.
Usage
International Community
- body of juridical entities which are governed by the law of nations
Ruby T. Sumague
PIL reviewer, 2B, Amba Greg
Ruby T. Sumague
PIL reviewer, 2B, Amba Greg
Ruby T. Sumague
PIL reviewer, 2B, Amba Greg