DMBA 405

INTERPERSONAL ECONOMIC
AND LAW SUBJECT
COMPILATION
UNIT II: INTERNATIONAL LAW
1. Public International Law
2. Private International Law
3. Supernatural Law
4. Global Law
 MEMBERS:
1. Meritche S.
10. Rose Lyn. G.
Peñaranda,
Abuan, MBA
MM-BSA

2. Cybill Ann A.
9. Maynen G.
Ramirez, MBA-
Lubugin, MBA
HTM

GROUP 1 8. Sr. Marlie A.

3. Myra P.
Paradero, MM-
Satur, AR, MM
HRM

4. Santa Renea
7. Aziel M.
C. Tubalinal,
Arcenas Mhm
MBA

6.Michael M. 5. Romel V.
Belarmino, Abaldonado,
MBA-HM MBA-HM
PUBLIC
INTERNATIONAL LAW
+ In an 1860 textbook, Introduction to the
Study of International Law, Theodore
Woolsey began his definition of
international law by stating, "nations or
organized communities of men differ from
the individual men of a state, in that they
are self-governed, that no law is imposed
on them by an external human power, but
they retain the moral accountable nature,
which lies at the foundation of a single
society."
What is meant by public
international law?
+ Public international law is the body of law
created through the interactions between
nations, or as the Restatement of the Law,
Third: Foreign Relations Law of the United
States (Restatement Third) explains,
"International law is the law of the
international community of states. It deals
with the conduct of nation-states and their
relations with other states, and to some extent
also with their relations with individuals,
business organizations, and other legal
entities."
+ Public international law, also known as the
Law of Nations, is a set of norms aimed at
regulating the interaction between the subjects
of international law that participate in
international relations. Public international
law norms create a common framework
within which the subjects of international law
operate and contribute to the existence of
generally stable, organized, and consistent
international relations.
Who does public international law
apply to?
+ Public international law applies to the subjects of international law, such
as States and international organizations, who consent to be governed
by it. While the traditional doctrine of international law did not regard
individuals as subjects of international law, a more contemporary
approach dictates that the individual is indeed a subject of international
law and the owner of rights and obligations in the international arena (in
particular in areas such as international human rights law, international
criminal law, and international humanitarian law).
Sources of Public International Law
(ICJ)
+ Article 38 of the Statute of the + 1. Treaties
International Court of Justice refers to
+ 2. Customary International Law
three sources of international law under
the traditional theory of sources: treaties, + 3. General Principles of Law
customary international law, and general
principles of law. That same provision
+ 4. Writing of Publicists
also refers to two subsidiary means for the + 5. Judicial Decisions/Case Law
determination of the rules of law: judicial
decisions and the teachings of highly
qualified publicists.
Sources of Public
International
Law
+ 1. Treaties
+ The first source of public international
law is treaties according to the ICJ.
Treaties are formal and signed
documents entered into by states.
Treaties are only binding to parties
that signed and ratified, so non-
signatories can not be forced to obey
such. Amendments are in a form of
protocols.
Sources of Public
International Law
+ 2. Customary International Law
+ Customary international law
according to the statute of the ICJ,
there should be two elements present.
Practice and Opinio Juris Sive
Necessitatis. This means that there is
a sense of obligation among states to
comply with this law.
Sources of Public
International Law
+ 3. General Principles of Law
+ The third source of international law
according to the statute of the ICJ.
That is the general principle of law.
Some scholars would label the general
principles of law as fillers of the gap
between conventions meaning cities
and customary international national
law.
Sources of Public
International Law
+ 4. Writing of Publicists
+ The fourth source of international law. And
again you have to remember the reduced
degree of being binding among states.
Writing of Publicis is a subsidiary source of
international law. These include two
elements, “Most highly qualified” and
teachings. So it should be made or done or
it should be out of most highly qualified
publicists.
Sources of Public
International
Law
+ 5. Judicial Decisions / Case Law
+ Lastly, the source of international law would
be judicial decisions or case jurisprudence, or
case law. The source of case law or
jurisprudence could be the international court
itself. And we have several international
courts and that includes the ICJ, the ICC, or
the International Criminal Court under the
Rome statute. Also, the regionalized courts
and that include the European commission on
human rights which is considered a tribunal
that decides on human rights issues in the
European jurisdiction.
How are
international
treaties concluded?
+ The Vienna Convention on the Law of Treaties is
a treaty that addresses the conclusion in writing
of international treaties governed by
international law between States. It sets forth
guidelines for the negotiation and conclusion of
such treaties. It also addresses, among other
topics, the provisional application of treaties,
their interpretation and application, reservations,
and the causes for their suspension and/or
termination. The procedures for the conclusion
of treaties have both internal and external
aspects.
What is customary
international law?

+ Customary international law is one

of the sources of international law.
Article 38 of the Statute of the
International Court of Justice refers
to customary international law as
“evidence of a general practice
accepted as law.” Its elements are
State practice and the States’
subjective conviction that a certain
form of conduct is required by
international law, known as opinio
juris.
How are international
laws enforced?
+ Subject to certain Resolutions by the United
Nations Security Council, which can approve
peacekeeping missions, impose sanctions, or
authorize the use of force when said Council
determines there is a threat to international peace
and security, there is no generally accepted
coercive authority that can bind sovereign States to
a body of international law. International laws are,
generally, enforced by consent. In other words,
States comply with their international law
obligations because they choose to do so, not
because there is a coercive entity that requires their
adherence to the law.
Who are the subjects of
international law?
+ According to the traditional doctrine of international law, only
some of the several actors in the international scene, such as States
and international organizations, are subjects of international law
(entities capable of possessing international rights and obligations)
and possess international legal personality. The traditional doctrine
also recognizes atypical subjects of international law, which
includes the Holy See, the Sovereign Order of Malta, and the
International Committee of the Red Cross. Other entities such as
non-self-governing peoples, insurgents, and movements of
national liberation have also been considered by part of the
doctrine as subjects of international law.
I.2. PRIVATE
INTERNATIONAL
LAW
OVERVIEW
+ Private International Law is the legal framework
composed of conventions, protocols, model laws, legal
guides, uniform documents, case law, practice and
custom, as well as other documents and instruments,
which regulate relationships between individuals in an
international context. The OAS, through the Department
of International Law of the Secretariat for Legal Affairs,
plays a central role in the harmonization, codification and
development of Private International Law in the Western
Hemisphere.
WHAT IS PRIVATE
INTERNATIONAL LAW?

+ Private International Law describes the

body of law surrounding which law
governs when there is a conflict between
citizens of different countries. In common
law jurisdictions, it is sometimes known as
"conflict of laws." Typically, one will be
asking one or more of three questions when
researching a private international law
problem:
What is PRIVATE
INTERNATIONAL
LAW
+ (often called "conflict of laws") governs the
choice of law to apply when conflicts exist in
national domestic laws related to private
transactions between those nations. Private
international law is the body of conventions,
model laws, national laws, legal guides, and
other documents and instruments that regulate
private relationships across national borders.
Private international law has a dualistic
character, balancing international consensus with
domestic recognition and implementation, as
well as balancing sovereign actions with those of
the private sector."
SOURCES OF PRIVATE
INTERNATIONAL LAW
+ Much private international law is governed by the
domestic law of the countries in question. That is,
+ It often arises in disputes
whether or not, for example, a given foreign involving:
judgment will be enforced is a U.S. court may be
governed by U.S. law. However, in recent years + •contracts
there has been an effort to create a more unified
system of private international law, and treaties and + •marriage and divorce
conventions, model laws, legal guides, and other
instruments may also be used. Private international + •jurisdiction
law tends to be subject-specific; currently, there is
no well-defined body of private international law, + •recognition of judgments
but certain subjects such as contracts or family law
may have their own governing rules. + •child adoption and abduction
What is the difference between public
and private international law?
+ While public international law governs the relationship between the
subjects of international law, such as States, private international
law addresses the private law rights of natural or legal persons.
Private international law consists of a set of conflicts of laws rules
applicable in international cases. These rules determine the
applicability of a certain law in circumstances involving a choice
between the municipal law of different States.
I.3. SUPERNATURAL LAW
Supernatural
Law
+ Previously known as Wolff and Byrd,
Counselors of the Macabre, is a comic strip,
comic book and web comic series written and
illustrated by Batton Lash. The series features
the law practice of Alanna Wolff and Jeff
Byrd, who specialize in serving the legal
needs of monsters and other supernatural
beings, or those who find themselves. Wolff
and Byrd themselves are human, as is their
secretary Mavis. The series tagline is "Beware
the creatures of the night—they have
lawyers!"
I.4. GLOBAL LAW
What is Global
Law?
+ Global Law refers to different
things, e.g.: (1) law in the era of
globalization; (2) putative forms
of law, such as the lex
mercatoria, lex digitalis and lex
sportiva; or to (3) an ideal for
international governance.
Global Law:
phrase to refer to
three things:
+ 1. Global Legal Rules
+ Global legal rules are not merely rules of
particular legal systems. They are rules
that arise from the convergent behaviour
of officials of different legal systems. As
such, they are rules that cannot be
derogated or eliminated by the action of
a single legal system. However, Fabra
argues that these global legal rules
should not be identified by their mere
global scope and general acceptance.
What is more important is that these
norms claim to regulate global issues.
Global Law
phrase
+ 2. Global Legal Orders
+ Fabra sees global legal orders as practices
connected with the idea of semi-autonomous legal
systems (systems that are independent from the
state). They are clusters of global legal norms –
which claim the regulation of global issues – that
stem from the activity of practitioners of particular
fields, such as trade, sports, education, etc. Fabra
tried to use the Hartian framework of legal systems
to account for the structure of these global legal
orders. He then anticipated some difficulties for
such project – such as the difficulty of finding a
global rule of recognition that determines the
criteria of validity of global legal norms – and
presented possible solutions to them.
Phrase of
Global Law
+ 3. Global Legal Systems (or the law of laws)
+ According to Fabra, this third kind of global legal
practice consists in a set of restrictions about the
existence and operations of other forms of legal order,
such as states, inter-state law and autonomous/semi-
autonomous legal orders. They include sets of rules about
the creation, recognition and extinction of legal systems,
rules that establish the principle of pacta sunt servanda,
criteria for solving conflicts, some rules about the
protection of human beings (e.g. norms of humanitarian
law and transitional justice), and rules that determine the
responsibility of particular states. These sets of rules are
also distinguished by a particular kind of claim they
make. They claim to apply all over the over the world, to
regulate on behalf of a putative international community,
and to constitute a legal system applicable to all forms of
law.
CONCLUSION

It would appear that global law is in an

embryonic phase. That is the way legal scholars,
who are used to more articulated systems, view
it. It is growing as the law of a common
humanity bringing with it the emergence of an
organizational model of the world’s society based
on the gradual integration of various systems
END OF
COMPILATION