Public International Law - is the law of conduct

between states and international organizations Requirement of Customary Law

governing their relationships with each other 1. General Practice
and in certain circumstances with persons 2. Opinio Juris – psychologically evident
natural or juridical
General Principles of Law – mostly derived from
Functions of International Law (PFPE) the law of the nature and are observed by the
1. promote international peace and security majority because believed to be good and just.
2. foster friendly relations and discourage use of
force 2. SECONDARY SOURCES
3. provide orderly regulation of conduct DECISIONS BY INTERNATIONAL COURTS
4. ensure international cooperation -Doctrine of stare decisis not applicable.
-Decisions by national courts can also
INTERNATIONAL LAW MUNICIPAL LAW apply provided that they are a correct
Law of coordination Law of subordination application and interpretation of international
(consent) (issued by political law.
superior)
Regulates the relations Regulates the relations WRITING OF PUBLICISTS
of states and other of individuals among - must be fair and unbiased
international persons themselves or their representation of international law
own states - by acknowledged authority in the
Derived from treaties, Consists mainly of field
customs and general statutory enactments
principles of law UNITED NATIONS – international organization
Resolved thru state to Resolved through created at San Francisco Conference held in the
state transactions administrative or US. Succeeded the League of Nations.
judicial process
Collective Individual Official languages of the UN. (FRESCA) French,
responsibility as a state responsibility Russian, English, Spanish, Chinese, Arabic

DOCTRINE OF INCORPORATION – “The Principal Purpose of the UN (MDAC)

Philippine renounces war as an instrument of
national policy, adopts the generally accepted
principles of international law as part of the law
of the land and adheres to the policy of peace,
equity, cooperation, justice and freedom.” Means
that international law is part of the law of the
land.
DOCTRINE OF TRANSFORMATION – that the
generally accepted principles of international
law is not binding unless transformed as a
municipal law.
SOURCES OF INTERNATIONAL LAW
1. PRIMARY – treaties, customs, general
principles of law.
2. SECONDARY – decisions of courts and writing
of publicists
1. Maintain international peace and security
2. Develop friendly relations among nations
3. Achieve international cooperation
4. Center for harmonizing actions of nations for
attainment of these common goals
Fundamental Principles of the UN
1. Based on the sovereign equality of all
its members
2. Fulfill in good faith the obligations to
receive the rights and benefits of their
membership
3. Settle their international disputes
with peaceful means that
international peace, security and
justice is not endangered
4. Refrain from threat or use of force
against the territorial integrity or
political independence of a state.
 5. All members shall give the UN every
assistance in any action it takes in
accordance with the Charter and shall
refrain to give assistance to any state
against the UN.
6. The organization shall insure that non
member states shall act in accordance
with these principles
7. UN cannot intervene with domestic
matters or shall require that member
to submit matters to settlement under
the Charter. But it shall not prejudice
the application of enforcement
measures
Armed forces used by the UN Charter when:
1. Maintain or restore international peace and
security through demonstrations, blockades and
other operations by air, land or sea forces by the
UN Members.
2. Inherent right to collective self defense if an
armed attack occurs against a member of the
Security Council has taken measures necessary
to maintain international peace and security.
DOMESTIC JURISDICTION CLAUSE:
As long as the matters remain internal, not
within the jurisdiction of the UN.
Exceptions:
1. where internal conflict aggravates into a
threat into international peace and security
2. parties voluntarily submit to the jurisdiction
of the UN for the settlement of their dispute.
THE UN CHARTER: technically a treaty which
parties must respect under the doctrine of pacta
sunct servanda. Consists of 111 articles besides
the preamble and concluding provisions
To amend the UN Charter:
1. By 2/3 vote of the members of the General
Assemly and ratified in accordance with their
respective constitutional processes by 2/3
members of the United Nations, including all
permanent members of the Security Council.
2. A general conference called by a majority vote
of General Assembly and any nine members of
Security Council may propose amendments
following the first procedure.
Qualifications to be a Member (SPAC)
1. state
2. peaceloving
3. accept obligations
4. willing to carry out such obligation
Admission: 2/3 of those present and voting in
the GA upon favorable recommendation of at
least 9 members of the Security Council
including permanent members.
Suspension: same vote as admission; may be
lifted by Security Council alone with a majority
vote.
Expulsion: persistently violated principles;
expelled by 2/3 members of those present and
voting in the GA upon recommendation of the SC
by a qualified majority vote.
Withdrawals: the UN was revealed to be unable
to maintain peace or could only do so at the
expense of law and justice.
1. If a members right and obligations were
changed by the charter and cannot be
accepted by the member.
2. Amendment duly accepted by the GA or in
general conference was not ratified
EFFECTS OF SUSPENSION:
1. prevented from participating in the GA
meetings
2. prevented from being elected or continue to
serve in the SC, Economic and Social Council,
Trusteeship Council
3. nationals of suspended members however
may continue to serve in the Secretariat or the
ICJ
PRINCIPAL ORGANS OF THE UNITED NATIONS:
1. General Assembly – central organ where all
members are represented
FUNCTIONS: (SBCDE)
1. Supervisory – receives and considers
reports from other organs of UN
2. Budgetary – controls the finances of
the UN
3. Constituent – participates in the
amendment of the UN Charter
 4. Deliberative – discusses principles
regarding maintenance of
international peace and security
5. Elective – elects non permanent
members of the SC, some members of
the Trusteeship Council and all
members of the Economic and Social
Council
Voting Procedure: Each member of the GA shall
have one vote. Except, a member who failed with
their financial contribution shall have no vote IF
THE AMOUNT EXCEEDS THE AMOUNT DUE FOR
THE PRECEEDING TWO FULL YEARS. But still
the GA may still consider if the failure is beyond
the control of the member. Decisions of
Important Questions shall be made by 2/3
majority of the present and voting members.
IMPORTANT QUESTIONS that require 2/3
majority vote of the members:
1. recommendations with respect to the
maintenance of international peace and
security
2. election of non permanent members SC
3. election of ESC
4. election of Trusteeship Council
5. admission of new members
6. expulsion of members
7. questions to the operation of trusteeship
8. budgetary questions
2. Security Council – organ responsible for the
maintenance of international peace and security,
and undertakes the preventive and enforcement
actions.
Members:
a. 5 Permanent Members (CUFRU) – China,
UK, France, Russia, USA
b. Non Permanent Members – 5221
5 from Africa/Asian States
2 from Latin America States
2 from Western European and others
1 from Eastern European States
VOTATION
Each member shall have 1 vote, but distinction is
made between the Big 5 in resolution of
substantive questions.
- Procedural matters vote of any 9 members.
- Non procedural at least 9 but with all
permanent.
- NO member is allowed to vote on question to
pacific settlement of a dispute which he is a party
3. Economic and Social Council – efforts towards
the higher standards of living, solutions of
economic social health problems, observance of
HR and universal freedoms
4. Trusteeship Council (idle council) – charged
with the administration of International
trusteeship system
5. International Courts of Justice – judicial organ
of the UN;
*15 Members, no two members from same state
*Elected for 9 years
Jurisdiction
a. interpretation of treaty
b. question of international law
c. existence of fact constituting a breach of
international obligation
d. nature or extent of the reparation to be
made for the breach of an international
obligation
e. to render advisory opinion
Limitations on Jurisdiction
- only states may be parties
- consent needed of the parties for the
court to acquire jurisdiction
6. The Secretariat – the administrative organ of
the UN
THE VATICAN AND THE HOLY SEE
In as much as the Pope refers to conduct foreign
relations and enter into transactions as the Holy
See and not in the name of the Vatican City.
CONCLUSION: Holy See is the international
person. Papal Nuncio, ambassador