INTLAW QUIZ

1. INCORPORATION is when the generally accepted principles of international law are

automatically incorporated and adopted as part of the law of the land such as the UN
Universal Declaration of Human Rights.

While TRANSFORMATION is a process of which international law is adopted into

domestic law through legislation

2. PACTA SUNT SERVANDA Is the principle of good faith which means that parties involved
in an agreement INCLUDING TREATIES must uphold that agreement

3. POSITIVIST SCHOOL is derived from the agreement to be bound by law that is created
by humans based on their perception of reality and society. Simply put, it is the view
that law is a social construct.
 Laws are enacted by a legal authority and are accepted by society as such

NATURAL LAW SCHOOL is based on the idea of morality which governs an individual’s
behavior and thought processes hence it is law that is Universal and easily recognized

ECLECTIC is the combination of the positivist and natural law school. Laws are not only
bound by convenience but also by morality.
 Natural law prevails as it is more fundamental
 Municipal law should prevail

4. Municipal Law should prevail

5. Sources of international Law

Primary
1. Treaties, conventions (Direct source of intlaw)
- Derived from the positivist school
2. Customary intl law (Sourced from naturalist)
o LEGAL OBLIGATION
o Customs = things that should be practiced without question; akin to
tradition
o Widely recognized and practiced customs practiced without question
o When can a practice be considered a custom?
o When a practice is converted to custom, it has obligatory character
o Practice = do voluntarily
o It can be length of time; number of population; states practicing it
o No hard and fast rule to determine whether a practice has been elevated to
a custom
o One of the defects of customary INTLAW
 3. Generally accepted principles (Derived from naturalist school of law)
o Law of nature

o Majority of states if not all agree that these principles are good, which
is why everyone follows them
o OBSERVED AND RECOGNIZED BY MANY LEGAL SYSTEMS
o Examples: estoppel, pacta sunt servanda, consent, res judicata
4. Secondary
o Decision of courts (ICC, ICJ)
5. Writings/publications
o SCHOLARLY ARTICLES ACKNOWLEDGED TO BE FAIR AND UNBIASED IN
INTERNATIONAL LAW

6. The Doctrine is Transformation

 being that the issue is whether or not the DOH is acting within the limitations
of the Milk Code which is transformed from the ICMBS to domestic or the
WHA resolutions which have not undergone the process of legislation
o The respondents claim that it is acting within the scope of the
constitution through the Milk Code, but the subsequent WHA
resolutions have not undergone the process of legislation to be part
of the domestic law