PUBLIC. -
INTERNATIONAL
PAGE LAW
DATE Sept. 2S 202)
Nome: SERVI. peFea ¢. ALFERED
1. Define “Public “International Low.
From the word “international” coupled with the
word “law” it con be inferred that it is a set of go-
Nerring rules observed by the member stabes in the
conduct of their relations towards each other stictlyad>
hering +o the international customs and generally cecepted
pincigies. Furthermore. by victue of globalization it becume.
important that states be goterned by rules 1» the conduct
of their velations 4o ensure shak each states ore given e—
quel Footing 10 the intemational arena for te common —
good of all. Hence the desinition ef Public InterroHotal Law.
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2. Js Pulolie Intemational Lew a true law %
Yes: Atthough Public International Law does 9%
emermed from ony legislation imposed by a Soverg Nn
authority which requires obedience from the impostel —
tules , anct that disobectience drereof leads to penalty
ana soncHions 5 still Public Intemational Law is deemed
bo be a-tme tow becouse it ctill har the power to
exgoree a cule among the member states not impo -
Sing tut as_simply adopted by the states as a com-
mon cule of action. Thur Public International Law js 4
dre law.
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2. Whak ic Private International Law and distinguised! ik
from Public Ieternatioral Low 7
Private Anternotional Law is a law that is observed
one\ followed in order to solve disputes entered into
fy dividuals or companies in their conduct of priv
vate tromsactions towards their counterpart jo Ano teh
countey Meaning to say whateven private transactions
entered inte by private individuals towards ote pro
yoke Mdividuals swmpany or corporations is the conesan
and Scope of Privabe Intemational law and does nok
concern Me Public tnternational law becouse only te,
gritabe itclividuals are affected ave nob the State ibsele.
To distinguished, private ‘ternational law is jssued
by political supedov of a state te be observed by
rete neler their authority y ubile Public Tubeanatonal
law deec not imposed but is simplay adepted by “the States.
re former ic local in rature white He lather is good).
Meaning to say ww PRIL individuals are pumshed fe
violations of municipal law while “PIL resolves contlict
by Stote — to - state transactions like peaceful
negotiations anc. the like - Fn PRIL disobedience means
‘ai waval responsibility while in FIL esponsibility of
achiens ace shored collectively by He People of He,
store:
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4. What ace the basis of Intecnotional law 7
“There are CS) five basis of Teternational Low aet
his are fre following +
“a. The Nokured law schoolfhis simply means thet
@ ptrson knows what ic right and wrong and since,
2 press belongs to a State, togethen wrth offer m-
dividuals it is but natural for the state to know
What is right aml wrong through the collective vail
be the inhabitomer . As such PIL is baseden natural
Naw +
b. The Positivist School. Simply’ pub , Public Intennatio-
nal law binds states who allowed dyemselves Che
Stoves) to be bound by it. Tf a state dots nob a —
areas bo be bounce , then shen State camnot be. forced
ko comply.
C.The Eclectivor Grotian Sheol. T} means that -bhe -
vatural law eon co-exish with the velunt
Jaw. tower ig incase of conflict the Rasoning .
of tight and wrond peewdiils oven voluntary srlowission.
oe Oe Societas Woi Tus . This pertains to law , uitheut
We @ socieky como} function for the common E
@ .Peliet oF states. “Dis only means tat intrnatio-
hal'law existed ecomse shote believe it -wexish.
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5. Define octane af IMcorporation anc doctrine of trons —_
pormation anal diggecentiate both.
Tre doctrine of incorporation means thot an mher-
notional law 6a" be enforce as a domestic law by
mere Constituhonal drdlaration . With regowclsto tht
___ Ancrdme of transformation ik wears khat_an itera
Fong) law can be a part of domestic law throug
Jocal_leaislation. Tn other words unden tn doctrine
of Weorporation je gumolly quspted phneples
Tnkewotional law are binclng upon te Stote.
ahy when a legelation ‘ts @nacteo| by the laws
maldug leoay Sf a State by way of the dockins
anskecmation-
Jo distinguish, tm doctyin, of weorperation owned
be bincing without He legislation treadec\ mM the dectrine,
of -ranspormetion . fs an example , uncy the Phil. eon-
cm . Philippines adopts to th ‘
velples of She fame itteanational law a8 part of the
fret cof the fonel. To eye Poiiippins fo whem (
Bena’ lav ANAL must We a Concurremcs of at least
23 of -the the menlorns of the SEvate - fener the 2
doctrine must co-exist -
a,
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G. What is mbecnational commitber
Tnteanational Committee is a governing hecly created
ard organ! ae by “he memory states to ies Lvort tre
Sorms , lemotienal customs onel te geunally accepteh
principles OF Twheamotioral Law ore olsuved by “the
Menltn ctotes. Hb is essential Prat te Internateral co-
mimittee has Yo inclination one one State tothe debrmult
Dp othin Ctates for it will Arfeak tye Purpose of exsury
Anat peocetul regoti ations transactions , anal intenachons
of stetes ve equal coy the commen geod
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Sen NN.
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a Tistinouish hare\_law grom Seth Jaw:
Harct law one legal_cbligatione that are birdi
ey the parties affected Lang such law are e>
gally a in, a While Soft lew _in Simple.
words ‘\s ret legoliy binding, in comRty suchis seen
mm thy, UN resolutions which are just guidelines
cp be followed s_duseertion of th hate vho
wish or iutends +0 ee wowed boy *% ak_most HH
Are _emby torsidsrd as nen Binding norms, oraciples
neh Paci crs -
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