International law asserts its own supremacy over national
law. A state cannot justify breach of its international legal
Note: (Relation of international law and Municipal law). (1)
It relates to the manner in which international law is
applied in the national legal systems by the legislature and
the national courts.
Dualism: while international law regulates relationship
between state, national governs the relation between the
citizens and the state. Neither of the two legal systems
create rules for the other, and if international law is
applied in the domestically, it is because it is translated
into national legal system, usually through the adoption of
national legislation.
Note: Neither theories are able to explain how
international law is applied in national legislators and
courts.
obligations by arguing that compliance would be a
variance with its national law.
Under the constitution, International laws may form part
of the sphere of domestic law by transformation or
incorporation.
Transformation – through national legislation.
Incorporation – by mere constitutional declaration.
In practice, each legal system determines how the norms
of other legal systems are taken into account. The extent
to which the international law is integrated into a national
legal system depends on the constitutional approach of the
state in question.
National courts are more willing to apply norms derived
from customary international than treaty based norms. Generally accepted principles of international law refers
to norms or general or customary international law which
Since it is in customary international law that one finds the
are binding in all states.
answer required to separate the sovereign state.
International law takes precedence over municipal law.
Philippines: Treaties are incorporated through Doctrine of
Transformation.
Municipal law on trademarks regarding the requirement
of actual use must subordinate an international
agreement in as much as the apparent clash is being
decided by a municipal tribunal.

Note: Which law will prevail. (depends) if the dispute is

raised in the ICJ or any international tribunal, then
international law will prevail. If the dispute is raised in
the national or municipal tribunals, then municipal law
will prevail.