INTERNATIONAL L

SPECIFIC LEARNING OBJECTIVES

At the end of the session, the students must be able to-

1. Explain the meaning, types and other intricacies of international

law;
2. Identify the relationship between domestic law and international
law;
3. Expound the nature of a treaty and its certain legal implications;
4. Discuss the jurisdiction of states and its different principles;
5. Illustrate the importance of state immunity; and
6. Relate examples of statelessness and its impact with jurisprudence.
Types of International Law

* Public International Law- a body

of principles, norms and processes
which regulate the relations of
States and other international
persons, and governs their conduct
affecting the interests of the
international community of States as
a whole.
Types of International Law

* Private International
Law- the body of rules of the
domestic law of a State that is applicable
when a legal issue contains a foreign
element, and it has to be decided
whether a domestic rule should apply
foreign law or relinquish jurisdiction to
a foreign court.
 Public IL Private IL

Nature International in nature National or municipal in

character

Sources 1. Treaties and Domestic laws for legal

international issues containing foreign
conventions elements
2. Customary
international law
3. General principles of
law (Art. 38 (1), ICJ
Statute )

Subjects 1. States Individuals (private

2. International persons )
organizations
3. Individuals
 Two Special Types of
Obligations under Public IL
 1. Obligations Erga Omnes- are obligations of a State
towards the international community as a whole, which are
the “ concern of all States” and for whose protection all
States have a “ legal interest.” ( flowing to all )
 Examples: Prohibition of acts of aggression; Prohibition of
genocide; Obligations concerning the protection of basic
human rights; Obligations relating to self-determination;
Obligations relating to the environment of common spaces.
2. 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 (Vienna Convention on the Law of
Treaties- VCLT )
* Jus cogens is also known as
a peremptory norm of
general international law.
Examples

• The prohibition against the use of force

under the UN Charter
• The law on genocide
• Prohibition against apartheid
• Self-determination
• Crimes against humanity
• Prohibition against slavery and slave
trade
• Piracy
Erga Omnes vs. Jus Cogens
As to concept, erga omnes pertains to the non-
derogability of a norm and the validity of rules
and acts that conflict with it. While jus cogens
pertains to the legal interest of a State in
violation of a norm.

As to effect, erga omnes: All states have standing

to bring a suit to enforce that obligation. While
jus cogens is an obligation that cannot be
contravened in any matter.
Concept of EX AEQUO ET BONO (From
the Article 38 (2) of the ICJ Statute )

This means, literally, “ what is equitable

and good.” It denotes that a court may
decide a case on the basis of justice &
equity, and not be bound by technical legal
rules.
 RELATIONSHIP BETWEEN
INTERNATIONAL LAW AND PHILIPPINE
DOMESTIC LAW
Theories:
1. Monist View. International and municipal
legal systems are fundamentally part of one
legal order. This view considers international
law to be superior, with municipal law being a
mere subset of international law. International
norms are thus applicable within municipal
systems even without some positive act of the
state.
2. Monist- Naturalist View. Public international law is superior to
municipal law, and both systems are but a part of a higher system of
natural law.
3. Dualist View. International law and municipal law are separate
systems. Only those issues affecting international relations are within
the scope of international law.
4. Coordinationist View. International law and municipal law operate
in different spheres. Hence, the laws themselves do not conflict.
However, there may be a conflict in obligations imposed by either
system. In such a case, the result is not the invalidation of national law,
but responsibility under international law on the part of that state.
How International Law becomes part
of Philippine Law

1. Doctrine of Incorporation. The Philippines adopts the

“generally accepted principles of international law”
(customary international law ) as part of the law of the
land ( Section 2, Article II, 1987 Constitution ).
2. Doctrine of Transformation. Treaties or international
agreements shall become valid and effective upon
concurrence by at least two-thirds of all the Members of
the Senate ( Section 21, Article VII, 1987 Constitution).
These rules of international law are not part of municipal
law unless they are transformed via legislation.
Special Case for the presence of certain
foreign troops in the Philippines ( Section
25, Article XVIII of the 1987
Constitution )
 After the expiration in 1991 of the Agreement
between the Republic of the Philippines and the
USA concerning Military Bases, foreign military
bases, troops, or facilities shall not be allowed in the
Philippines EXCEPT under a TREATY duly
concurred in by the Senate and, when the Congress
so requires, ratified by a majority of the votes cast
by the people in a national referendum held for that
purpose, & recognized as a treaty by the other
contracting State.
 Philippine Domestic Law in
Public International Law
General Rule: A State cannot invoke its own national law
to resist an international claim or excuse itself from breach
of duty under international law.
A party may not invoke the provisions of the
internal law as justification for its failure to perform a treaty.
Exception: A State may invoke the fact that its consent to
be bound by a treaty has been expressed in violation of a
provision of its internal law regarding competence to
conclude treaties as invalidating its consent if that violation
was manifest and concerned a rule of its internal law of
fundamental importance.
 SOURCES OF
INTERNATIONAL LAW
 Article 38 of the ICJ Statute
• The Court, whose function is to decide in
accordance with international law such
disputes as are submitted to it, shall apply-
1. International conventions, whether general or
particular, establishing rules expressly
recognized by the contesting states;
2. International custom, as evidence of a general
practice accepted as law;
3. The general principles of law recognized by
civilized nations;
4. 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.
* This provision shall not prejudice the power of the
Court to decide a case ex aequo et bono, if the
parties agree thereto.
Types of Sources of International
Law

1. Primary Sources ( conventional

international law; customary
international law and general
principles of law )
2. Subsidiary Sources ( Judicial
decisions and teachings of the most
highly qualified publicists )
 SYNCHRONOUS ACTIVITY

TRUE/FALSE
1. Public international law refers to the body
of rules of the domestic law of a State that
is applicable when a legal issue contains a
foreign element, and it has to be decided
whether a domestic rule should apply
foreign law or relinquish jurisdiction to a
foreign court.
Definition of Treaty

A treaty is an international agreement concluded

between states in written form and governed by
international law, whether embodied in a single
instrument or in two or more related instruments
and whatever its particular designation.
REQUISITES:
1. Written form
2. Between states
3. Governed by international law
Basic Principles Of Treaties

1. The primary body of law governing treaties is

the Vienna Convention on the Law of Treaties,
which is considered binding as Customary
International law.
2. It is based on consent. This is manifested by
signature, exchange of instruments constituting a
treaty, ratification, acceptance, approval or
accession, or by any other means if so agreed.
3. Pacta Sunt Servanda. Every treaty in force is
binding upon the parties to it and must be performed by
them in good faith. ( This is considered as customary
international law and applies to all obligations
contained in a treaty.

4. Generally not binding on Third States, i.e. non-

contracting parties.
General Rule: A treaty does not create either
obligations or rights for a third State without its
consent.
Exceptions:
a. When the third party accepts a
provision establishing an obligation for
that third party.
b. When the third party accepts a right
provided for and exercises such right in
accordance with the conditions established
in that treaty.
5. Treaties are non-retroactive ( unless a
different intention appears from the treaty
or is otherwise established, its provisions
do not bind a party in relation to any act or
fact which took place or any situation
which ceased to exist before the date of
the entry into force of the treaty with
resoect to that party.
 CUSTOMARY
INTERNATIONAL LAW
• General practice accepted as
law.
Elements:
1. State practice
2. Opinio Juris
• State Practice. The practice must be consistent and
general. Consistency requires substantial uniformity
and not necessarily complete uniformity in practice.
Generality does not require universality.
• State practice means that it pertains to the actions of a
STATE only, not of individuals.
* OPINIO JURIS. This refers to the belief on the part of
states that a particular practice is required by law, and not
because of courtesy or political expediency ( The state
acts in such a manner because it believes it is obligated to
do so).
GENERAL PRINCIPLES OF
LAW
These refer to those general principles
in municipal law (particularly those of
private law) that may be appropriated
to apply to the relations of states.
Function of GPL: To avoid a non liquet,
i.e. when a court does not have a treaty
or customary norm to decide on.
Examples of GPL:

1. Estoppel
2. Res Judicata
3. Res Inter Alios Acta
4. Prescription
5. Duty to make Reparations
6. Abuse of Rights
7. Good Faith
8. Principle of Reciprocity
9. Circumstantial Evidence
SYNCHRONOUS
ACTIVITY
TRUE/FALSE
2. A treaty is the same
as an executive
agreement.
 SUBJECTS OF
INTERNATIONAL LAW
• Entities which are- Capable of
possessing international rights and
duties; and Having the capacity to
maintain these rights by bringing
international claims.
* States; International organizations; and
Natural or Juridical Persons
 OBJECTS OF
INTERNATIONAL LAW
* These are persons or things in respect of
which rights are held and obligations are
assumed by the subject. They are not directly
governed by the rules of international law.
Their rights may be asserted and their
responsibilities imposed indirectly, through
the instrumentality of an intermediate agency
(e.g. state). The United Nations has an
objective international personality.
 JURISDICTION OF
STATES
JURISDICTION means the power of
a state under international law to
govern persons and property by its
municipal law. This may be criminal or
civil, and may be exclusive or
concurrent with other states.
BASIS OF JURISDICTION

A. TERRITORIALITY PRINCIPLE. Jurisdiction

is determined by reference to the place where the act
occurred or was committed. A state takes jurisdiction
over persons or events within its territory. Usually
refers to criminal jurisdiction.
B. NATIONALITY PRINCIPLE. A state may
exercise jurisdiction over an offender by virtue of his
being its national, without regard as to where he was
at the time the offense was committed and without
respect to the nature of the offense.
C. PROTECTIVE PRINCIPLE. A state may exercise
jurisdiction over an offense committed outside its territory
by its national or non-national, by reason of protecting its
security or vital interests.

D. UNIVERSALITY PRINCIPLE. A state may exercise

jurisdiction over crimes committed without respect to the
nationality of the offender, on the ground that such crimes
are declared as international crimes by the international
community as a whole and thus are prohibited by
international law. Example- Piracy
E. PASSIVE PERSONALITY
PRINCIPLE. A state may exercise
jurisdiction against foreign nationals who
commit acts to the injury of its nationals
within the territory of another state. A
court has jurisdiction if the offended party
of the act is a national of the forum state.
 SYNCHRONOUS
ACTIVITY
TRUE/FALSE
3. Under the universality principle, A
state may exercise jurisdiction over an
offense committed outside its territory
by its national or non-national, by
reason of protecting its security or vital
interests.
 STATE IMMUNITY
• ACTS OF STATE DOCTRINE
• General Rule: This refers to a principle by which a
state, its agents, and property are immune from the
jurisdiction of another state.
• This principle is premised on the juridical equality of
states, according to which a state may not impose its
authority or extend its jurisdiction to another state
without the consent of the latter, through a waiver of
immunity.
*Thus domestic courts must decline to hear cases against
foreign sovereigns out of deference to their role as
sovereigns.
Doctrine of RESTRICTIVE
IMMUNITY
• Acts performed jure imperii: that
is, private or commercial
transactions of States, are subject
to foreign jurisdiction.
* Acts performed jure gestionis: the
foreign State in its capacity as a
sovereign, are immune.
• Immunity from jurisdiction is an immunity
not merely from being subjected to an
adverse judgment but from being subjected
to the trial process.
The Nature of State Immunity:
1. It is preliminary in nature and does not
depend on the obligation breached by the
State.
2. It is a customary norm.
3. Such immunity applies even if the
claim against the state is for violation
of a jus cogens norm in international
law.
 SYNCHRONOUS ACTIVITY

TRUE/FALSE
4. In acts performed jure
gestionis, the foreign State in
its capacity as a sovereign,
are immune.
 NATIONALITY AND STATELESSNESS

Definition. Nationality is the tie that binds an individual to

his state, from which he can claim protection and whose
laws he is obliged to obey. It is membership in a political
community with all its concomitant rights and obligations.

Why is this important? In international law, an individual

ordinarily can participate in international relations only
through the instrumentality of the state to which he belongs,
as when his government asserts a claim on his behalf for
injuries suffered by him in a foreign jurisdiction.
 CONCEPTS ON NATIONALITY
MULTIPLE NATIONALITY is acquired as the result of the
concurrent application to an individual of the conflicting
municipal laws of two or more states claiming him as their
national.

Example: Dual citizenship in Philippine Law, such as when a

child is born in the United States of Filipino parents would be
an American national under jus soli and a Filipino national
under jus sanguinis, or when a Filipino citizen marries a
foreigner and acquires a derivative citizenship but does not
lose Filipino citizenship unless by act or omission they are
deemed to have renounced it.
 INDELIBLE ALLEGIANCE
An individual may be compelled to
retain his original nationality
notwithstanding that he has already
renounced or forfeited it under the laws
of a second state whose nationality he
has acquired.
 PRINCIPLE OF EFFECTIVE NATIONALITY

Within a third state, a person having more

than one nationality shall b e treated as if he has
only one. The third state shall recognize
conclusively in its territory either the nationality of
the country in which he is habitually and principally
present or the nationality of the country with which
he appears to be in fact most closely connected.
- To prefer the real and effective nationality.
NATIONALITY IN PHILIPPINE LAW

ARTICLE IV, 1987

PHILIPPINE
CONSTITUTION
 STATELESSNESS
Definition: This means a person who is not considered
as a national by any State under the operation of its
law ( Article 1, Convention Relating to the Status of
Stateless Persons, 1960 ).

Nationality of Foundlings :
A deserted or abandoned infant or child whose parents,
guardian or relatives are unknown; or a child committed to an
orphanage or charitable or similar institution with unknown
facts of birth and parentage and registered in the Civil Register
as “foundling.”
• The common thread is to obligate the Philippines to
grant nationality from birth and ensure that no child is
stateless. This grant of nationality must be at the time
of birth.
• According to the generally accepted principles of
international law, we presume foundlings as having
been born of nationals of the country in which the
foundling is found.
• Case: Poe- Llamanzares vs. COMELEC, G.R. No.
221697, 2016.
 SYNCHRONOUS ACTIVITY
TRUE/FALSE

5. There are three kinds of Filipino citizens: the

natural-born Filipino citizen, naturalized Filipino
citizen, and the native-born citizens under Article IV
of the 1987 Philippine Constitution.
6-10. Short ESSAY
Write a brief reflection or insights about today’s
topic/s.
 REFERENCES
Anderson, B. (2007). Under three flags: Anarchism and anti-colonial imagination.
London: Verso.
Carter, A. (2001). The political theory of global citizenship. New York: Routledge.
Martin, D. (2002). Pentecostalism: The world their parish. Malden, Mass:
Blackwell Publishers.
Rosenau, J.N. (2003). Distant proximities: Dynamics beyond globalization,
Princeton, N.J.: Princeton University Press
UP Law Notes/ Reviewer 2020
https://www.britannica.com/topic/international-law
https://www.law.cornell.edu/wex/international_law
https://www.un.org/en/our-work/uphold-international-law
https://educaloi.qc.ca/en/capsules/what-is-international-law/
https://www.e-ir.info/2017/01/01/international-law/
Thank you for listening….

End
Presented by:
Atty. Marichu