Reviewer in Public International Law
Topic
Definition of International Law
Scope of International Law
Is International Law a Law?
Theories
History of PIL
Sources of PIL
Discussion/Pointers
o “Traditional Meaning” – International Law is a body of rules and
principles which are binding upon civilized states in their relations to one
another.
o “The Restatement (Third) of Foreign Relations of Law of the United
States” - International Law is a law which deals with the conduct of States
and of International Organizations and with their relations inter se, and
with some other relations with persons either natural or juridical.
o Regulations of Space Expedition;
o The Division of Ocean Floor;
o The Protection of Human Rights;
o The Management of the International Financial System;
o The Regulation of the Environment;
PIL is NOT a law because..
o There is no International Legislative Body; (There is General Assembly of
United Nations, however, its resolution is not binding)
o There is no International Executive Body;
o There is no Central Authority that can make judgements which are binding
among the States. (International Court of Justice is binding when States
consent to be bound.
PIL is a law because..
o In Social Interdependence and predominance of general interest, the States
are bound by rules which are not promulgated by themselves.
o Most of the time, States observe rules and principles of the international
laws. (Henkin)
o The ultimate explanation of the binding force of all law is that man,
whether he is a single individual or whether he is associated with other
men in a state, is constrained, in so far as he is a reasonable being, to
believe that order and not chaos is the governing principle of the world in
which he lives.
o There is a general respect for law because of the possible consequences of
defiance either to oneself or to larger society.
o It has an obligatory force and effect under the Doctrine of Jus Cogens.
Command Theory – International Law is not a law because it does not derive from
the command of sovereign.
(Nations see international laws not as a command but the principles of free and
orderly interaction.
Consensual Theory – International Law derives its binding force from the consent of
the States.
Natural Theory – International Law is an application of natural reason to nature of a
state-person.
Possitivist Theory – International Law is not a law because it does not derived from
the command of sovereign and backed up by threats and sanctioned, if disobeyed.
Hugo Grotius – Father of Modern International Law – Dutch, author of “Law of
Nations”
In 1649 Treaty of Westphalia – it established a system of balance of power which
aims to prevent war. It also recognized and legitimized the principle of non-
interference in the affairs of a State and the separation of State and Church.
Such event is important in the International Law because it recognized the principles
of sovereignty, territoriality, integrity and equality of States.
1. Customary Law
 2. Treaties
3. Generally recognized principles of law;
4. Judicial Decisions;
5. Teachings of highly qualified and recognized publicist.

Customary Law – A general and consistent practice of States followed by them from
a sense of legal obligation. (Restatement)
Requisites:
1. Actual behavior of the States (material factor);
a. Duration; (result of a long, almost immemorial)
b. Consistency; (continuity and repetition)
c. Generality of practice of the States. (extensive and virtually
uniform) (there must be a general recognition)
2. Why they behave the way they do (subjective factor).
Opinio Juris is a belief that a certain form of behavior is obligatory, is
what makes a practice ripen into an international rule.
“evidence of a belief that this practice is rendered obligatory by the
existence of a rule of law requiring it.”
Instant custom – it is a spontaneous activity of a great number of States
supporting a specific line of action.

Treaties

Rule:
1. Custom -> Treaties – Treaties should prevail because it manifest the
deliberate choice of the parties and the principle of pacta sunt servanda
must be observed.
2. Custom (Jus Cogens) -> Treaties – Customary rule with the status of jus
cogens must prevail.
Article 35 of the Vienna Convention – a treaty is void if it conflicts with
the preemptory norm of general international law.
Jus Cogens – is a norm accepted and recognized by the International
Community of States as a whole as a norm from which no derogation is
permitted and which can be modified only by a subsequent norm of general
international law having the same character.

Generally recognized Principles of Law also known as a RESTATEMENT

-These are principles of municipal laws common to legal system of the world.
-evidence of fundamental unity of law.

Judicial Decisions -

Teachings of highly qualified writers and Publicist

Publicist are institutions which writes international law.

Stages of Formulation of a Treaty 1. Negotiation
2. Consent/Signature
3. Adoption/Authentication of the Text
4. Ratification
5. Entry into Force
6. Accession and Adhesion

Termination of a Treaty 1. Material Breach

2. Supervening impossibility of performance
3. Rebus sic stantibus – fundamental change in circumstances
which determined the parties to accept the treaty, if it has
resulted in a radical transformation of the extent of the
obligations imposed by it, may under certain circumstances
afford the affected parties a ground for the termination of treaty.
 4.
Subjects of International Law Subjects of International law are those endowed with rights and obligations in the
international order and possessing the capacity to take certain kinds of action on the
international plane.

Actors in the Legal System

Objects of the International Law
Territory
1. State
2. International Organizations
Objects of International Law are those who indirectly have rights under or are
beneficiaries of international law through their subjects.
1. Citizen of the State.
Article I. National territory comprises the Philippine Archipelago

Occupation – a form of acquisition of a terra nullius, a territory which prior the

occupation belonged to no State. Discovery, Effective control.
Prescription – a form of acquisition of a territory which upon occupation may
belonged to another State and upon long period of occupation over which the State
occupying maintain an effective control.
Cession – an acquisition of a territory through a treaty.
Cconquest – Taking in possession of a territory through armed force.
Accretion – is the gradual deposit of soil materials which after a period of time form
land.
Avulsion – is the sudden formation of soil materials which resulted to creation or
extension of a territory.
Contiguity – deemed as part of the territory due to closeness.

Reservation is a unilateral statement, however, phrased or named, made by a State, when

signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or
modify the legal effect of a certain provision of a treaty in their application to the State.

Interpretative Declarations – statement of an expression of how a State understand its adoption

to the treaty.

Amendment – A formal revision done with the participation atleast in the initial stage by all
parties to the treaties.
Modification – involves only some parties.