GNED 07 Nations (ASEAN), the

Philippines is part of various

THE CONTEMPORARY WORLD
LESSON 3
INTERNATIONAL LAW AND
NATIONAL LAW
INTERNATIONAL LAW
regulates relations of states and
international persons. It is derived
from treaties, international customs,
and general principles of law. If
conflict arises, the same is resolved
through state-to-state transactions.
NATIONAL LAW regulates
relations of individuals among
themselves or within the state. It
consists of statutory enactments,
executive orders, and judicial
pronouncements. If there is
conflict, the same is redressed
through local, administrative, and
judicial processes.
Examples of treaties the Philippines
have entered into and customary
practices it adheres to:
TREATIES
 United Nations Convention
on the Law of the Sea
(UNCLOS): The Philippines is
a signatory to UNCLOS, which
governs maritime rights and
responsibilities, including
territorial waters, exclusive
economic zones, and
navigation rights.
 ASEAN Free Trade Area
(AFTA): As a member of the
Association of Southeast Asian
trade agreements within the
region, such as AFTA, which
aims to promote economic
integration among ASEAN
member states.
 Paris Agreement on Climate
Change: The Philippines has
ratified the Paris Agreement,
committing to take action to
mitigate climate change and
adapt to its impacts.
CUSTOMARY PRACTICES
 Respect for Diplomatic
Immunity: The Philippines,
like other nations, observes the
principle of diplomatic
immunity, which grants
protection to foreign diplomats
from legal jurisdiction in the
host country. This customary
practice facilitates smooth
diplomatic relations.
 Non-interference in Internal
Affairs: The principle of non-
interference in the internal
affairs of other states is widely
observed in international
relations. The Philippines
generally respects this principle
and expects the same from
other countries.
 Peaceful Settlement of
Disputes: The Philippines
supports the peaceful
settlement of disputes, as
outlined in the United Nations
Charter. This includes
negotiation, mediation,
arbitration, and adjudication,
 rather than resorting to force or
aggression to resolve conflicts.
HOW DOES INTERNATIONAL
LAW BECOME A PART OF
THE LAW OF THE STATE?
There are two doctrines of
adoption: doctrine of incorporation
and doctrine of transformation.
The DOCTRINE OF
INCORPORATION is mainly
based under Section 2. Art. Il of
the 1987 Constitution which states
that:
“xxx the Philippines adopts the
generally accepted principles of
International Law as part of the
law of the land."
Thus, the generally accepted
principles of international law are
considered as part of a state's
national laws by reason of its
membership in the family of
nations.
The DOCTRINE OF
TRANSFORMATION requires
the enactment by the legislative
body of such international law
principles as are sought to be part
of municipal law. This doctrine
must be related to the power of the
President to enter into treaties
wherein rule and principles
embodied in said treaties would be
transformed into Philippine law and
would become valid and effective
upon the concurrence of two-thirds
(2/3) of all the members of the
Senate (Sec. 21. Art. VII, 1987
Constitution).
SOURCES OF
INTERNATIONAL LAW
Since there is no central
international body that creates
public international law; it is
created by several sources.
The Charter of the United
Nations is the establishing
document for the International
Court of Justice (ICJ) as the
principal judicial organ of the UN.
Article 38(1) of the Statute of the
International Court of Justice lists
the sources that the ICJ uses to
resolve disputes as follows:
1. The Court, whose function is to
decide in accordance with
international law such disputes as
are submitted to it, shall apply:
a) international conventions,
whether general or particular,
establishing rules expressly
recognized by the contesting
states;
International conventions are
treaties signed between two or more
nations that act as an international
agreement.
A treaty, as defined by The 1969
Vienna Convention on Law of
Treaties Art. 2 (1)(a), is an
international agreement conducted
between states, in written form and
governed by international law,
whether embodied in a single
instrument or in two or more related
instruments, whatever its particular
designation.
 Steps in treaty making involves
(1) negotiation (2) signing of the
treaty by the representatives: (3)
exchange of ratification
instruments; (4) ratification of the
treaty by the constitutional organs
of the respective states; and (5)
registration with and publication by
the Secretariat of the United
Nations (UN).
A state is obliged to refrain from
acts which would defeat the object
and purpose of a treaty when it has
signed the treaty or has exchanged
instruments constituting the treaty
subject to ratification, acceptance of
approval, until it shall have made
its intention clear not to become a
party to the treaty; or it has
expressed its consent to be bound
by the treaty, pending the entry into
force of the treaty and provided that
such entry into force is not unduly
delayed. In connection thereto, the
power of the President to ratify a
treaty is well-entrenched in the
1987 Constitution. However, no
treaty or international agreement
shall be valid and effective unless
concurred in by at least 2/3 of all
the members of the Senate (Sec. 21,
Art. VII, 1987 Constitution).
Examples of bilateral treaties
entered into by the Philippines are
the Mutual Defense Treaty with
USA, signed on 30 August 1999;
Visiting Force Agreement with
USA, signed on 10 February 1998;
and RP-US Extradition Treaty with
USA, signed on 13 November
1995. At times, the Philippines also
enter into multilateral treaties or
conventions with two or more
states. An example of which is the
1982 United Nations Convention on
the Law of the Sea (UNCLOS).
Other examples are the
International Convention on Civil
and Political Rights, Rome Statute
of the International Criminal Court,
and Convention on the Prevention
and Punishment of the Crime of
Genocide.
b) international customs, as
evidence of a general practice
accepted as law;
International customs, also
known as customary law, consists
of rules of law derived from the
consistent conduct of states, acting
out of the belief that the law
required them to act that way.
However, for a custom to be
deemed as an international custom,
these two elements must exist: state
practice and opinio juris sive
necessitates ("opinion of law or
necessity").
State practice states that there
must be evidence of substantial
uniformity of practice by a
substantial number of states. In a
leading case rendered by the
International Court of Justice, the
case of North Sea Continental Shelf
Cases (Germany v. Denmark, ICJ,
1969), what is required is that:
"xxx within the period in question,
short though it might be, State
practice, including that of States
whose interests are specifically
affected, should have been both
extensive and virtually uniform."
Proof of state practice are as
follows: administrative acts,
legislation, court decisions,
historical records, and international
stage activities.
OPINIO JURIS SIVE necessitates
states the belief that the given
practice is rendered obligatory by
the existence of a rule requiring it.
Consequently, the states concerned
must feel that they are conforming
to what amounts to a legal.
Kinds of international customs
are regional customs and special or
local custom. Regional custom is a
practice among states within a
particular area of the world which
can be sufficiently well-established
and accepted as law that is binding
among the states of that region but
not elsewhere. A special custom, on
the other hand, is a long-continued
practice between two states,
accepted by them as regulating their
relations that form the basis of
mutual rights and obligations.
JUS COGENS AND
OBLIGATIONS ERGA OMNES
JUS COGENS (COMPELLING
LAW) occupy another category of
international customs as these refer
to norms that command peremptory
authority. superseding conflicting
treaties and customs which can
neither be derogated nor modified,
except by a norm or similar
character. Jus cogens enjoy a higher
rank in the international hierarchy
than treaty law and even ordinary
customary rules.
Examples of this are norms on
torture, racial discrimination,
genocide, and piracy.
OBLIGATIONS ERGA OMNES
("TOWARDS ALL") refers to an
obligation under general
international law that a state owes
in any given case to the
international community, in view of
its common values and its concern
for compliance, so that a breach of
that obligation enables all States to
take action; or an obligation under a
multilateral treaty that a state party
to the treaty owes in any given case
to all the other state parties to the
same treaty, in view of their
common values and concern for
compliance, so that a breach of that
obligation enables to all these states
to take action.
Examples of this are prohibitions of
acts of aggression, on genocide, and
on the protection of basic human
rights.
c) the general principles of law
recognized by civilized
nations;
 Pacta tertiis nec nocent nec
prosunt – "A treaty binds the
parties and only the parties”

This maxim clarifies that treaties
are generally binding only on the
parties that have consented to them.
It means that non-parties to a treaty
are not affected by its provisions
and obligations unless they
subsequently consent to be bound.
 Res judicata – “A matter
judged.”
It refers to the legal principle
that once a matter has been finally
adjudicated by a competent court, it
cannot be relitigated between the
same parties. Res judicata prevents
the same parties from repeatedly
litigating the same issues or claims,
thereby promoting finality and
judicial efficiency. In the context of
international law, res judicata
applies similarly. When an
international tribunal or court has
issued a final judgment on a dispute
between states or other
international entities, the matter is
considered settled, and the parties
are bound by the decision. This
principle contributes to the stability
of international relations by
providing a mechanism for the
resolution of disputes and
preventing continuous legal
challenges to settled matters.
 Estoppel
Estoppel is a legal principle that
prevents someone from asserting a
claim or right that contradicts what
they previously stated or agreed to,
especially if the other party relied
on those earlier statements or
actions to their detriment. In
essence, estoppel prevents
individuals or entities from acting
inconsistently or unfairly based on
their prior conduct.
 Pacta sunt servanda –
"Agreements must be kept”
Every treaty in force is binding
upon the parties to it and must be
performed by them in good faith
(Art. 26, Vienna Convention on
Law of Treaties).
 Ex injuria jus non oritur –
“Law does not arise from
injustice."
This underscores the principle
that illegal acts cannot create legal
rights or obligations. It implies that
states cannot benefit from their own
wrongful conduct and that
international law seeks to rectify
injustices rather than sanctioning
them. For example:
Imagine there are two neighboring
countries, Country A and Country
B. Country A, through military
force, unlawfully annexes a portion
of Country B's territory. Despite
protests from Country B and the
international community, Country
A establishes control over the
annexed territory.
In response to this unlawful act,
Country B takes diplomatic and
legal measures to assert its rights
and seek the return of its territory.
Eventually, the matter is brought
before an international court, which
rules that Country A's annexation of
Country B's territory was illegal
under international law.
d) subject to the provisions of
Article 59, judicial decisions and
the teachings of the most highly
qualified publicists of the various
nations, as subsidiary means for the
determination of rules of law.

 Rebuc sic stantibus – “Things

standing thus”
A fundamental change of
circumstances which has occurred
with regard to those existing at the
time of the conclusion of a treaty,
and which was not foreseen by the
parties, may be invoked as a ground
for terminating or withdrawing
from the treaty i the existence for
those circumstances constituted an
essential basis of the consent of the
parties to be bound by the treaty
and the effect of the change is
radically to transform the extent of
the obligations still to be performed
under the treaty (Par. 1. Art. 62,
Vienna Convention on Law of
Treaties).

 Nemo dat quod non habet –

“No one gives what he does
not have.”

This maxim emphasizes the

principle that a person cannot
transfer a better title to property
than they possess. In international
law, it is relevant in situations
involving the transfer of territory or
rights between states.