Cordillera Career Development College

Buyagan, Poblacion, La Trinidad, Benguet

College of Law

Course Syllabus

Course Title : Public International Law

Number of Units : 3 Units
Course Description : A study of the basic principles of international law and an overview of the legal principles governing international relations based,
among others, on the United Nations Charter, the doctrines of well-known and recognized publicists, and the decisions of
international tribunals and bodies.

Teaching Methodology:

Class time will be used for a combination of lectures, discussions, and research exercises. Students will be asked to explain readings and concepts, to offer analysis
of cases and to express their opinion.

References:
 Bernas S.J.; Introduction to Public International Law; 2009 Edition.
 Cruz, I.; International Law; 2003 Edition.
 Nachura, A.;Outline Reviewer in Political Law; 2009 Edition.
 Bjorge, E. and Miles C.; Landmark Cases in Public International Law; 2017 edition.
 Boas, Gideon; Public International Law, Contemporary Principles and Perspectives; 2012 edition.

SCHED TOPICS LEARNING OUTCOMES/ KEYWORDS/CONCEPTS CASES/LAWS/ TREATIES

ULE GUIDE QUESTIONS READINGS
Week 1 General Principles1 For the students to be able to:  Public International Law  Section 2, Art. II, Philippine
01/17/20  Definitions  Define certain terms in relation  Private International Law Constitution
 Relationship between to international law.  Obligations erga omnes  Article VII, Section 21 of the
international law and municipal  Differentiate between Public  Jus cogens Constitution
law International Law from Private  Ex aequo et bono  Kuroda v Jalandoni, 53 Phil 171.
 Historical development of International Law  Borovsky v Commissioner of
 Conflict Laws
International Law  Relate the historical immigration, G.R. No. L 4362 (1951).
 Dualism vs Monism

1
Cruz, Pp 1-19.

Syllabus: Public International Law/Atty. Miller E. Quintin, Jr. Page 1 of 7


Week 2 Sources of obligations in
01/25/20 international law2
 Consensual Basis of International
Law
 The Obligatory Nature of
International Law
 Sources of International Law
 Subjects and Objects of
International law
 The International Community
development of international  Doctrine of Incorporation and the  https://opinion.inquirer.net/126630/do-
law. Doctrine of Transformation great-powers-comply-with-arbitral-
 Distinguish between Monist  rulings
and Dualist theories of
international law.
 Is “International Law” law?
 In case of conflict between
municipal law and
international law, which
should prevail?
For the students to be able to:  Treaties and Conventions  Article 38(1) of the ICJ Statute
 Identify and expound on the  International Agreements  Armed Activities on the Territory of the
sources of obligations in  International customs Congo, ICJ Rep 168.
international law.  General principles of law  Philippines v. China (PCA case number
 Differentiate between a  Judicial decisions 2013–19)
subject and an object of  States
international law.
 International Organizations
 Distinguish between the
 Individuals
doctrine of incorporation and
the doctrine of transformation

Week 3 The concept of the state in
2/01/20 International Law
 Recognition of States
 Recognition of Government
 Concept of State Continuity
 Fundamental Rights of States
 Succession or Continuity of States
For the student to be able to:
 Identify the elements of a
state.
 State whether recognition is
an element of statehood.
 Discuss the fundamental rights
of states.
 Elements of a state  Oetjen v Central Leather Co, 246 US
 The Right of Existence and Self 2974
Defense
 The Right of Independence
 The Drago Doctrine 3
 The Right of Equality
 The Right to Peaceful Co-existence

Week 4 Territory in International Law For the student to be able to:  terra nullius  Philippines v. China (PCA case number
2/08/20  Define territory under  Archipelagic doctrine 2013–19)
international law.  Patrimonial Sea  Western Sahara Case, Advisory

2
Boas, et.al Pp 47-118
3
Cruz, Pp 105.
4
Cruz, Pp 89.

Syllabus: Public International Law/Atty. Miller E. Quintin, Jr. Page 2 of 7

  Territory: Land, Air, Outer Space 5
 Territory: Law of the Sea6
 Determine the extent of
jurisdiction and authority
which a state exercises over a
territory.
 Distinguish the rights of the
coastal state in the territorial
sea, the contiguous zone, the
exclusive economic zone, and
the continental shelf.
 What is the doctrine of
innocent passage?
 What are the five freedoms in
a state’s aerial domain?
 The High Seas Opinion ICJ (1975)
 Baselines  Eastern Greenland Case, PCIJ 1933.
 Archipelagic states  The Island of Palmas Case
 Internal waters  1967 Treaty on the Exploration and Use
 Territorial sea of Outer Space.
 Contiguous zone  Convention on the Law of the Sea
 RA 3046
 Exclusive economic zone
 RA 5446
 Continental shelf and extended
continental shelf
 International Tribunal for the Law of
the Sea
 The Philippine claim to the Spratlys.
 The Philippine claim to Sabah

Week 5 Jurisdiction of states7 For the student to be able to:  Nationality principle and  Blackmer v United States, 284 US 421,
2/15/20  Basis of jurisdiction  Define the general principles statelessness Bernas, S.J., Pp 140-141
 Exemptions from jurisdiction concerning extradition.  Effects Doctrine  The Lotus Case, France v Turkey, PCIJ
 Extradition  Territoriality principle (1927)
 Protective principle  Mejoff v Director of Prisons, 90 Phils 70
 Universality principle (1951)
 Passive personality principle  Filartiga v Pena-Irala, 630 F.2D 876
 International organizations and its (1980)
officers  Attorney General of Israel v Eichmann,
Trial Court of Decision

Week 6 Immunity from Jurisdiction 8  What is the act of state
2/22/20  State Immunity doctrine?
 Diplomatic Immunities  When may a state be held
 Consul and Consular Immunities liable for acts committed
against another state?
 What immunities are enjoyed
by diplomatic and consular
 Act of State doctrine  The Pinochet Case
 Immunity of International  Republic v Vinzon, GR No. 154705,
Organizations June 26, 2003.
 Diplomats  The Schooner Exchange v MacFaddon,
 Consuls 11 US 116. (Cruz, Pp 195)
 United States of America v Hon. V.M.
Ruiz, GR No. L 35645, May 22, 1985.

5
Bernas, pp 103-116.
6
Bernas, Pp 120-131.
7
Bernas, S.J., Pp 133-190
8
Bernas Pp 192-219.

Syllabus: Public International Law/Atty. Miller E. Quintin, Jr. Page 3 of 7

 officers?
Week 7 General principles of treaty law For the student to be able to:
2/29/20  Interpretation of Treaties  Discuss the function and
 Amendment and Termination of purpose of treaties.
Treaties.  Explain the treaty making
process.
 What are the requisites of a
valid treaty under the
constitution?
(Cruz, Pp 196)
 United States v Ho. Luis Reyes, GR No.
79253, March 1, 1993. (Cruz, Pp. 197)
 Holy See v. Eriberto Rosario, Jr. GR No
101949, Dec. 1, 1994. (Cruz Pp, 197)
 US Diplomatic and Consular Staff in
Iran Case
 Treaty  Article VII, Section 21 of the
 Conventions Constitution
 Protocols  Tanada v Angara, 272 SCRA 18.
 http://cilj.co.uk/2018/06/21/was-
president-dutertes-unilateral-
withdrawal-of-the-philippines-from-
the-rome-statute-legally-valid/

Week 8 Nationality and Statelessness For the student to be able to:
3/7/20 Doctrine of state responsibility  Distinguish between
nationality and citizenship.
 Discuss and illustrate the
responsibilities of states in
regards the treatment of aliens
in their jurisdiction.
 How does one lose and
reacquire citizenship?
 Who are Filipino Citizens?
 Repatriation  Labo v Comelec, 176 SCRA 1.
 Multiple Nationality  Caire Claim, France v Mexico (1929),
 Statelessness Bernas Pp 230-232.
 Rebus sic stantibus  Air France v Saks, 470 US 392
 Aliens  Fisheries Jurisdiction Case (United
Kingdom v Iceland.
 Namibia Case, ICJ REP 1971 16
 Danube Dam Case, Hungary vs
Slovakia, 37 ILM 162

Week 9  Review of the Topics and discussions during the first half of the term
3/14/20  Submission of the required term papers
Week 10
3/21/20 MIDTERM EXAMINATIONS

Week 11  Extradition For the student to  Extradition  The Refugee Convention of 1951
3/28/20  Principles on Asylum  Distinguish extradition  Asylum  2016 Rohingya persecution in Myanmar
 Refugees from deportation  Deportation
Week 12 International Disputes For the students to:  International dispute  Philippines v. China (PCA case number
4/4/20

Syllabus: Public International Law/Atty. Miller E. Quintin, Jr. Page 4 of 7

  Peaceful Settlement of
International Disputes
 The Use of Force
Week 13 The Law of War
4/11/20 International Humanitarian Law
Week 14 International Criminal Law
4/18/20  Trial Before the International
Military Tribunal at Nuremberg9
Week 15  International Trade Law
4/25/20
 International Environmental
Law
9
Bjorge et. al., Pp 189-219
Syllabus: Public International Law/Atty. Miller E. Quintin, Jr.
 Define International Disputes
 Identify and discuss the
different modes of settlement
of international disputes.
 Identify and discuss the
different circumstances where
force may be employed in
international disputes.
For the students to:
 Discuss the effects of the
outbreak of war.
 Who are the participants
in war?

 Why is the Nuremberg
Trial considered a
landmark case in
international law?
 What are the distinctions
between genocide crimes
against humanity and
against peace?
For the student to discuss:
 Some basic principles in
the different specialized
areas in international law.
 Non-judicial or diplomatic methods 2013–19)
 Quasi-Judicial methods  Nicaragua v. The United States of
 Judicial methods America (1986) ICJ 1.
 War  https://opinion.inquirer.net/126630/do-
 Traditionally Allowable Coercive great-powers-comply-with-arbitral-
Measures rulings
 Jus in Bello  Kim Chan v Valdez Tan Keh, 75 Phil 113.
 Neutrality  The Hague Law
 Neutralization  The Geneva Conventions of 1949
 Postliminium  2016 Rohingya persecution in Myanmar
 Armistice
 Truce
 Genocide  Rome Statute of the ICC
 Crimes against Peace  Yamashita v Styer, 75 Phil 563.
 Crimes against Humanity
 WTO  Tanada v Angara, GR No. 118295, May
 Environment 2, 1997,(Bernas pp 337)
 Human Rights  GATT 1947 and 1994
 The Kyoto Protocol
 1963 Declaration of Legal Principles
Governing the Activities of States in the
Exploration and Use of Outer Space
(GAR 1962)
 1966 Treaty on Principles Governing the
Activities of States in the Exploration
and Use of Outer Space, including the
Moon
Page 5 of 7
 and Other Celestial Bodies
 Oposa v. Factoran, G.R. No. 101083, July
30, 1993
 MMDA v. Concerned Residents of
Manila Bay, G.R. Nos. 171947-48,
December 18, 2008

Week 16 International Human Rights Law For the student to discuss:   UDHR 1948
5/2/20  Some basic principles in  2016 Rohingya persecution in
the different specialized Myanmar
areas in international law.
Week 17 Reporting on the Term Papers
5/9/20
Week 18 Reporting on the Term Paper
5/16/20
Week 19 FINAL EXAMS
5/22/20

Course Requirements and Grading System:

Term Paper Format and Instructions:

Font Name: Californian FB Font Size: 12

Minimum Number of Words: 2000 Margins: L=3.5 cm, T= 2.5 cm, T=2.5 cm, T=2.5 cm.
Paper size: A4
 The student must submit a term paper before the midterm examinations, otherwise no grade shall be credited to the student.

 An electronic copy (PDF or word document) shall likewise be submitted on or before the deadline to the following email address: abintew@gmail.com

Plagiarism rule: Submission of any plagiarized work shall be subject to an administrative penalty of a failing mark in the Final Grade. Such penalty
shall be imposed only after the student has been given the opportunity to be heard.

Midterm Grade

1. Class participation/attendance/recitation/assignments: (40%)

Syllabus: Public International Law/Atty. Miller E. Quintin, Jr. Page 6 of 7

 Students are required to participate in class discussions, hence personal involvement and their preparation by reading the material assigned
for the particular schedule of the course.

2. Examination (Essay type) (60%)

Final Term Grade

1. Class participation/attendance/recitation/ (10%)

Students are required to participate in class discussions, hence personal involvement and their preparation by reading the material assigned
for the particular schedule of the course.
2. Term paper presentation and defense. (30%)

The student shall be given 15 minutes to present the term paper and its conclusions before the class. The class shall propound questions to the
student in relation to the paper presented. Comments and suggestions will be given during and after the presentation. The student will be
graded according to his/her communication skills/articulations skills, confidence, argument and synthesis, and content of the report and
reliability of the source or references.

3. Final Term Examination (Essay Type) (60%)

Final Grade

Final Grade= Midterm Grade (40%)+ Final Term Grade (60%)

Prepared and submitted by:

MILLER E. QUINTIN, JR.

Syllabus: Public International Law/Atty. Miller E. Quintin, Jr. Page 7 of 7