HISTORY:

Westphalia – recognized first

Sec 2 Art II, 1987 Constitution

The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land ( Doctrine of Incorporation) and adheres to
the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Principle of Estoppel – Generally accepted principle of International law

If generally accepted principle of international law, no need for legislative act.

If dispute reg Municipal and International law, first should be harmonized. If irreconcilable, provisions of
Municipal law should prevail.
If ICJ, (Phil v Thailand) Phil cannot argue before the ICJ bc (with regards) of its municipal law (if entered
into treaty, then comply in good faith), but it can argue before the Supreme court reg its municipal laws.

Art 27 (BCLT) State cannot invoke its municipal law to evade its obligation in the ICJ. ICJ will not look into
country’s laws but into your obligations in a treaty.

But you can evade it in SC because same system of laws. Favor municipal law bc Judiciary should
interpret law accdng to our constitution.

the principle lex posterior derogat priori takes effect — a treaty may repeal a statute and a statute may
repeal a treaty. In states where the constitution is the highest law of the land, such as the Republic of
the Philippines, both statutes and treaties may be invalidated if they are in conflict with the constitution

Structure of International Law:

International law of Co-existence – relationship of states. Horizontal relationship. rights and obligations.
responsibilities reg treaties. (bombing)
International law of Cooperation – governs those that are not required of states. general societal goals.
Like no chemical weapons., international criminal court. NOT BINDING., Ex; UK left EU

Basis: none.