PUBLIC INTERNATIONAL LAW 2008
bound to treat those duties as part ofpositive law. [Emerich von Vattel]
3 GRAND DIVISIONS
Laws of Peace
– normal relations betweenstates in the absence of war.2.
Laws of War
– relations between hostile orbelligerent states during wartime.3.
Laws of Neutrality
– relations between a non-participant state and a participant state duringwartime. This also refers to the relations amongnon-participating states.
RELATIONS BETWEEN INTERNATIONAL LAW ANDMUNICIPAL LAWFrom the Viewpoint of Doctrine
1. Dualists –
International Law and Municipal Law aretwo completely separate realms.
See distinctions Nos. 1,3 &4.
2. Monists –
Denies that PIL and Municipal Law areessential different.
In both laws, it is the individual personswho in the ultimate analysis are regulatedby the law. That both laws are far frombeing essentially different and must beregarded as parts of the same juristicconception. For them there is oneness orunity of all laws.
PIL is superior to municipal law—international law, being the one whichdetermines the jurisdictional limits of thepersonal and territorial competence ofStates.
From the Viewpoint of Practice
1. International Tribunals
PIL superior to Municipal Law
Art. 27, Vienna Convention in the law ofTreaties – A state “may not invoke theprovisions of its internal law as justificationfor its failure to perform a treaty”
State legally bound to observe its treatyobligations, once signed and ratified2. Municipal Sphere – depends on what doctrine isfollowed:
Doctrine of Incorporation -
Rules of international law form part of the law ofthe land and no further legislative action isneeded to make such rules applicable in thedomestic sphere. [Sec. of Justice v. Lantion GRN139465, Jan. 18, 2000]This is followed in the Philippines:Art. II, Sec. 2 – “The Philippines…adopts thegenerally accepted principles of international lawas part of the law of the land…” However, noprimacy is implied.
Q: What are these generally acceptedprinciples?A:
Pacta sunt servanda, sovereign equality amongstates, principle of state immunity; right of statesto self-defense
Secretary Of Justice
. Judge Lantion andJimenez [GR 139465, 18 Jan. 2000]FACTS:
A possible conflict between the US-RPExtradition Treaty and Philippine law
WON, under the Doctrine of Incorporation,International Law prevails over Municipal Law
NO.Under the doctrine of incorporation, rules ofinternational law form part of the law of the landand no further legislative action is needed tomake such rules applicable in the domesticsphere.The doctrine of incorporation is applied wheneverlocal courts are confronted with situations inwhich there appears to be a conflict between arule of international law and the provisions of thelocal state’s constitution/statute.First, efforts should first be exerted to harmonizethem, so as to give effect to both. This is becauseit is presumed that municipal law was enactedwith proper regard for the generally acceptedprinciples of international law in observance ofthe incorporation clause.However, if the conflict is irreconcilable and achoice has to be made between a rule ofinternational law and municipal law,jurisprudence dictates that the municipal courtsshould uphold municipal law.This is because such courts are organs ofmunicipal law and are accordingly bound by it inall circumstances. The fact that international lawwas made part of the law of the land does notpertain to or imply the primacy of internationallaw over national/municipal law in the municipalsphere.The doctrine of incorporation, as applied in mostcountries, decrees that rules of international laware given equal standing with, but are notsuperior to, national legislative enactments.In case of conflict, the courts should harmonizeboth laws first and if there exists an unavoidablecontradiction between them, the principle of