What is international law?

In the traditional definition, it is a branch of political law which

regulates the relation of States and other entities which have been granted international
personality; Definition by Ooppenheim, a body of customary and conventional rules which are
legally binding by the States in their intercourse with each other. In modern definition, it deals
with the conduct of States and international organizations, their relation with each other and,
in certain circumstances, their relations with persons, natural and juridical; it affects almost
every aspect of our lives.

Is it really a law? Yes, it is considered as a law. Generally, there is a respect to law and a
concern to consequences of defiance.

What are the sources of international law? International convention, International Custom,
General principles recognized by Civilized nations. Restatement of Foreign Relations Law of the
United States.

The Natural Law School; natural and universal principle of right and wrong; Reason, based on
human experience. The Positivist School; binding force is derived from the agreement of
States to be bound by it, a law of coordination not of subordination. Divine law is based on
thinking of a superior being. Municipal Law, the laws enacted by congress is referred to as the
Municipal laws. The Eclectic or Grotian School

Private International Law- applying municipal laws vs another state’s municipal laws,
concerning individuals in a transaction.
Public International Law- it is a branch of political law that concerns itself with the relation of
other states.

Basic element of a law: It should come from an authority; a sovereign body that is superior to
its subjects.

Who is the legislative body for PIL? UN GA, United Nations General Assembly

Customary law: Universal, it also has variations (gantang metaphor); to settle, nations enter
into agreement and adapt a standard. Come up with the agreement and sign on it.

SOURCE OF INTERNATIONAL LAW/Is it a law?: Convention, treaty; by agreement by parties. By

agreeing, the parties bind themselves to be subjected to the sanctions of the agreement.
Putting sanctions and remedies, and that becomes law without congress.

Which prevails, Customary or Treaty? Treaty, Customs, General principles

GENERAL PRINCIPLES OF LAW: Third source of PIL. If there is a Treaty, it takes precedence
because of the doctrine of Pacta Sunct Servanda (Nachura). Agreements must be kept.
Next Year (Meeting)
Subjects, Territories of States, Jurisdiction of these Subjects. CHAPTER 5-10 BERNAS352461
Many school of thoughts