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ARELLANO UNIVERSITY
SCHOOL OF LAW
PUBLIC INTERNATIONAL LAW
2016
Atty Roberto Demigillo
A. Brief history of
Public International Law
B. Definition of International Law body of rules & principles which are
recognized as legally binding and
governs the relations of states and other
entities
with
one
another
(as
between international
organizations,
between international organizations and
states,
between international
organizations and states and the people).

7.

resources)
VITAL
FUNCTION:
eliminates elements
of unlawful force in the
solution
of
human
conflicts and provides
basis for the orderly
management
of
international relations;
social progress

D. Foundations of International Law

1. Principle of comity
2. Principle of
reciprocity/mutuality
3. Principle of independence
4. Principle of equality of states
E. Theories About International Law

C. Functions of International Law

1. Natural Law School
1.
2.
3.
4.
5.
6.

defines the existence of

states
provides framework of
diplomatic relations
governs
international
agreements
sets
forth
rules
for
international commerce
governs individual human
rights
regulates protection of the
global environment (air, land,
sea and global

- there are certain

normative principles that are
true or self evident and which
exists independently of their
codification or enforcement by
human beings.
- naturalists maintain that the law
of nations is binding upon states because
it is a

branch of great law of nature, the sum

of those principles which ought to control
human conduct, being founded on the
very nature of man as a rational and social
being.
2. Positivist School
- the basis of obligation of international
law is founded in the CONSENT OF
STATES.
- This school of thoughts provides that
consent of states is given:
a. Tacitly in case of
customary international law
b. Expressly in case of
conventional law
c. Presumed in case of General
Law of Nations
3. Eclectic/Groatian School
- occupy middle position between the
natural and positivist school
- recognizes that international law is in
part a product of natural law and at the
same time the positive consent of
states to be bound by its rules.

G. Theories as to the Basis of International

Law
1. Direct Consent
- international law is based upon the
direct consent of States upon their individual
acceptance of its principles and rules.
2. Implied Consent
- a fiction to account for the acceptance
of the great body of general principles and
specific rules that had come to form
the body of customary law.
3. Mutuality of Interest
international law is a subjective
law; its binding force depends upon mutuality
of interest which could only be maintained by
altering from time to
time such rules as it might be no longer
to the interest of the parties to observe.
4. Necessity
the fact that nations have
common interest constitutes the actual
community of states and at the same
time imperatively demands a rule of law so
that international law may be said to be
based upon the very necessity for its existence.

F. Basis of International Law/Schools or

Theories in the Study of International Law
H. Two Main Branches of International Law
The schools of study of international
law are the basis of the obligation in
international law.

1. Public International Law (Law of

Nations)
2. Private International Law (Conflicts
of Law)

I. Branches of International Law

1. Human rights law
2. Humanitarian law
3. Refugee law
4. Criminal law
5. Economic law
6. Environmental law
J. General Classifications of
Public International Law

Private International Law (Conflicts

of Law)
- regulates comity of states in giving
effect in one to the municipal laws of
another relating to private persons.
- PRINCIPLE: One country gives
respect and give effect to the laws of
another so far as can be done
consistently with its own interest.
L. Is International Law a True Law?

1. Consular law
2. Diplomatic law
3. International Aviation law
4. International criminal law
5. International environmental law
6. International human right law
7. International humanitarian law
8. International space law
9. International trade law
10. law of state responsibility
11. Rules according to higher law
12. UN Conventions on the law of the

- based on popular views it is not a true

law because:
law of nation lacks the
equality of positive authority or command.
no legal duty/obligation of
obedience on the part of those whom it is
addressed with no courts to
interpret and enforce international law.
no penalty prescribed for
disobedience with lack of physical power to
enforce obedience.

Sea
13. Use of force continuum
K. Public International Law vs
Private International Law
Public International Law (Law of
Nations)
- regulates the relationship between
states and international entities
- concerned with questions of rights
between nations.

- International law is recognized as law

of practice
sanctions for failure to
comply though indirect is
similar to municipal
law.
includes force of public
opinion, self help, intervention
by third party
states,
sanctions
of international
organizations such as the UN
and as
a last resort WAR.

M. Classification of International Law

1.

Customary

2.
3.

Conventional
General International Law