APOSTOL, GUIA MARIE JOY G.

JD III

1. General Principles
-The intellectual origins of international law run concurrently with the development sovereignty,
Intially Hugo Groutius and Alberico Gentili both of competent theological training, characterized
international law as municipal law writ large.
-The term international law was first formally used by Jeremy Bentham in 1870.
-That Branch of public law which regulates the relations of States and of other entities which
have been granted international personality.
-In modern definition, the law that deals with the conduct of States and international
organizations, their relations with each other and, in certain circumstances, their relations with
persons , natural or juridical persons.
- According to Rosalyn Higgins, International law is a normative system “ harnessed to the
achievement of common values- values that speak us all, whether we are rich or poor, black or
white , of any religion or none, or come from countries that are industrialized or developing.

CONCEPTS OF LAW

-Public International law may be defined as the body of rules and principles of action which are
binding upon civilized States in their relations with one another. The modern approach expands
the definition to include relations not only between States but also relations; between
international organizations and States, among international organizations themselves; And
between States or international organizations and natural or juridical persons.

2. SOURCES OF INTERNATIONAL LAW

-The sources of International law includes treaties, customary law, case law, academic writings,
and general principles of law.
-Article 38 of Statute of International Court of Justice reads; “ The court, whose function is
decide in accordance with International law submitted to it, shall apply;

a. International conventions- whether general or particular, establishing rules expressly

recognized by contesting States. A treaty is as an international agreement concluded between
States written form and governed by International Law, whether embodied in a single
instrument or in two or more related instruments and whatever its particular designation and it
has the following requisites: It must be between States, In written form ; and Governed by
International law.

b. International Customs- as evidence of a general practice accepted by law (torture, slavery,

crimes against humanity).

c. General principles of Law – recognized by civilized nations. ( Due Process).

3. SUBJECT OF INTERNATIONAL LAW

-Judicial Decisions and the teachings of the most highly qualified publicist of the various nations,
As subsidiary means for the determination of rules of law.
-it is an entity that has rights and responsibilities under international law; it can be a proper
party in transactions involving the application of the law of nations among members of
international community.

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APOSTOL, GUIA MARIE JOY G.
JD-III

1. Distinguish Private International Law from Public International Law.

- Public International Law regulates the relationship between States and International
entities, regulates competing demands, and establishes the framework for predictable
and agreed behavior among parties while Private International Law or Conflicts of Law
selects between conflicting municipal systems of law to regulate the relationship
between persons. It focuses on the conduct , not of the States or international
organizations, but rather on the conduct of individuals, corporations and other private
entities.

2. What is a “soft law”? What is a “hard law”? Differentiate “soft law” from “hard law” under
International Law.
- Under the International Law, “Hard Law”refers to binding international legal norms or
those which have conceive character while “Soft law” on the other hand , refers to
norms that are non-binding in character but still have legal relevance.

3. Cite a provision in the Philippine Constitution which has reference to International Law.
- As to the incorporation or applicability of International Law , The 1987 Constitution
provides that it adopts the generally accepted principles of International law as part of
the law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all the nations. (ART.II, SEC.2)
- As to the validity of treaties and international agreements, it provides that “ No treaty or
international agreement shall be valid and effective unless concurred in by at least two-
thirds of all the Members of the Senate.” (ART. VII, SEC.21).
- As to the standing of international agreements vis-à-vis the constitution, it provides that
the Supreme Court shall have the power to review the constitutionality or validity of any
treaty, international or executive agreement. (ART. VIII, SEC.5)
- As to compliance with international treaty obligation on human rights, the Constitution
has created a Commission on Human Rights monitor the Philippine Government’s
Compliance with international treaty obligation on human rights. (ART.XIII,SEC 18(7).
- As to whether foreign military bases or troops may be allowed in the Philippines , the
Constitution provides that foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by the Senate and,
when the Congress so requires, ratified by a majority of the votes cast by the people in a
national referendum held for the purpose, and recognized as a treaty by the other
Contracting State. (ART. XVIII,SEC.25).
4. Discuss the Treaty-Making Process.

The treaty-making process includes:

a. Negotiation – discussion and exchanges of notes regarding the proposed terms and
conditions of the treaty that is usually done through diplomatic channels or in
diplomatic conferences.
b. Adoption of the text- the formal act signifying that the form and contents of the
treaty have been agreed upon.
c. Authentication of the text- following such procedure as may be provided for in the
text or agreed upon by the States participating in its drawing up, or in case no
particular procedure has been agreed upon, by the signature, signature ad
referendum or initialing by the representatives of those States.
d. Conclusion- the final act that makes the treaty binding the States.