International law - body of legal rules which apply • It is possible for the principles of ML to

betweensoverign state and such other entities as become part of IL

have been granted international personality-
Schwarzenberger
Grand divisions of international law
1. Law of peace-governs the normal relation of
states
2. Law of war-governs states at war
3. Law of neutrality-governs the relations of
states at war and states not involved in the
war
• IL also becomes part of many municipal laws
– ex. Article II of Phil. Constitution
Doctrine of transformation-IL should first be
enacted as ML to be binding in a state
Thus, BASIC RULE: it is always presumed that IL is
always enacted by each state as part of their ML and
never in defiance with the principles of IL
CONSTITUTION VS. TREATY
Phil-Constitution prevails

MUNICIPAL LAW vs. INTERNATIONAL LAW Consti appoints SC to decide on matters of

agreements, treaties, etc. (Art. VIII, Sec 5(2))
MONISTS DUALISTS
Believed in the oneness Dichotomy of law BASIS OF IL
of all law
The essential identity of Municipal law is issued
NATURALIST POSITIVIST ECLETICS
ML and IL is because by a superior for
some of the fundamental observance of those Law of nature- Agreement of Both law of
notions of IL cannot be under its authority; IL is basis; a higher states-binding nature and
comprehended without not imposed but adopted law; rule of force agreement
the assumption of a by states as a common human conduct as the basis
superior legal order from rule of action among independent and
which the various themselves. always binding
systems of ML are Thus, IL as the weaker Collective will of Law of Based on the
derived by way of law the state, thus coordination not “dictate of
delegation becomes bound law of reason” and
In both, law is essentially ML consists of by the law of subordination “practice of
a command binding upon enactments from law nature states”
the subjects making authorities; IL IL viewed not in Consent of state Should be
independently upon their derived not only from between but of respondibility compromised
will legislation but from other above states is expressed in but in case of
sources i.e. intl customs, the case of conflicts, law
conventions and general customary law, of nature
principles of law implied in prevails as
Law regulates the ML regulates the customary law the
conduct of individuals relations among the and presumed fundamental
individuals and to their in general law
own state; IL regulates principles of law
the relations of the states
to other international
persons.
Violations:
ML-admin and judicial Grotius- father of international law
processes
IL-state to state
transactions Reasons why states are compelled to
Breaches of ML entails abide by IL:
only individual
responsibility; breaches 1. Compulsive force of reciprocal
of IL collective
responsibility advantage and fear of
retaliation
 2. Common belief that observance
would redound to the welfare
of the whole society
3. Desire to project a desirable
image and maintain goodwill
to the family of nations.
4. Machinery of UN
Enforcement of IL:
1. International Organizations,
special arbitral tribunals ex. UN
SC and ICJ
2. Diplomatic methods or war
3. IL as part of states’ ML
Functions of IL:
1. Establish peace and order
2. Avoidance of the employment
of force in international
relations
3. Encourage and ensure
cooperation among states in
solving common problems.
International Morality – govern the
relations through conscience, morality
and justice
International Comity- rules of
courtesy among states
International diplomacy – objects of
national and international policy and
conduct of foreign affairs and relations
International administrative law-
regulate the relations and activities of
national and international agencies
with respect to material and
intellectual interests with universal
recognition
SOURCES of IL
Primary
1. Treaties – if of the same
nature, uniform provisions,
substantial number of states
GENERAL LAW: treaty should
include sizeable number of states
and reflect the will or at least the
consensus of states
2. Customs – practice grown up
by states and has become
accepted as binding because of
persistent usage over a long
period of time
3. General principles of law –
derived from the law of nature
and observed by majority
because they are believed to be
good and just
Secondary
1. Jurisprudence – only
persuasive; stare decisis
does not apply
2. Writings of publicists –
fair and unbiased
representation; by an
acknowledged authority
CHAPTER III – THE INTERNATIONAL
COMMUNITY
Subject vs. Object
Subject – directly asserts rights and
be held directly liable
Object- rights and responsibilities are
indirect
STATE – group of people living
together in a definite territory under
an independent government organized
for political end and capable of
entering into international relations
ELEMENTS: PETER SOGO
1. People -human beings living
within the territory
2. Territory – fixed portion of the
surface of the earth where
people of the state reside
3. Government - Agency through
which the will Is formulated,
expressed and realized
4. Sovereignty - power to direct
its own external affairs w/o
interference from other states
CAPACITY OF STATES
• Discharge of international
obligations
• Establish international law
CLASSIFICATION OF STATES
Independent States – freedom in
internal and external affairs
a. Simple states – under a single
and central government
b. Composite states – two or more
states, each with own
government but under central
authority
1. Real union – two or more
states under one authority;
single international person
2. Federal union – two or more
states but upon merging
ceased to be states, ex. US
3. Confederation – organization
of states, maintaining
internal sovereignty and
assigning limited
representation to the central
body, ie., german empire
4. Personal Union – one or
more independent states
under one monarch, who
does not become an intl
person
5. Incorporate union – both
external and internal affairs
are controlled by the central
authority
Neutralized States – states enter into
an agreement by virtue of preventing
war
Dependent States – two categories:
1. Protectorate – retains greater
measure on its external affairs
2. Suzerainty