PIL MIDTERM DEFENSOR-SANTIAGO ATTY.

YAMAMOTO-SANTOS

CHAPTER 3: RELATIONSHIP BETWEEN INTERNATIONAL AND

NATIONAL LAW

INTERNATIONAL AND NATIONAL LAW

Monism there is only one single system of law

Dualism or Pluralism there are two essentially different legal systems.
- International law must be first transformed by an act of the
legislative before it becomes part of the law of the land.

3 Theories:
1. Monistic Theory asserts the existence of a single set of legal
systems composed of the domestic legal order.
o Denies the existence of international law as a distinct
and autonomous body of law.
2. Pluralistic Theory national and international law constitute 2
distinct and formally separate categories of legal systems.
3. Theory of a monistic doctrine giving primacy to international
law in case of conflict, international law prevails; transformation
is not necessary.

Philippines
- Monist country
- That which is later in point of time shall prevail
American system
- Customary international law has the same status as international
treaty law, with respect to national law.
- Which is later in time will prevail
English system
- Same as American system
German Legal System
- Not only does it incorporate international customary law, but also
gives it precedence, in case of conflict with domestic law.

I.F.S. VILLANUEVA 1