Definition of International Law common practices, is seen as expression of consent.

In reality, however, there are

many binding rules which do not derive from consent.
1. Body of Rules and Principles of Action c. Natural Law Theory
2. Binding Upon Civilized States and their relations to one another The natural law theory posits that law is derived by reason from the nature of man
a. State International law is said to be an application of natural reason to the nature of the
b. International Organizations state-person. Although the theory finds little support now, much of customary law and
c. Individuals what are regarded as generally accepted principles of law are in fact an expression of
Relations: what traditionally was called natural law.

a. Diplomatic Matters Some dissenters, however, see no objective basis for international law. They
b. Conduct of War see international law as a combination of politics, morality and self-interest hidden
3. Conduct of States and International Organizations and their relations as well as to under the smokescreen of legal language.
person (Natural or Juridical)
International law is law because it is seen as such by states and other subjects of
Need for International Law:
international law.
a. Rapid changes in technology
b. Multiplication of the Number of States with Differing Backgrounds Functions of International Law
c. Fear of War Public and Private International Law:
d. Rising Demands for Social Reform 1. Public International Law- Also known as International Law or Law of Nations
Functions: Governs the Relationships between and among States and also their
Basis of International Law:
relations with International Organizations and Individual Persons.
a. Laws of Reason 2. Private International Law- Also known as Conflict of Laws
b. Customs Functions: It is a Domestic Law which deals with cases where foreign Law intrudes
c. Treaties in the Domestic Sphere where there are questions of the Applicability of Foreign
law or the Role of Foreign Courts.
Theories of International Laws which serves as a Basis of International Law:
Is International Law a Law?
a. Command Theory
In the view of John Austin, a renowned legal philosopher, law consists of commands According to Henkin:
originating from a sovereign and backed up by threats of sanction if disobeyed. In this
what matter is not whether the international law has legislative, judicial or executive branches
view, international law is not law because it does not come from a command of a
corresponding to those we have become accustomed to seek in a domestic society; what
sovereign. Neither treaties nor custom come from a command of a sovereign. This
matter is whether international law is reflected in the policies of nations and in relations
theory, however, has generally been discredited. The reality is that nations see
between nations.
international law not as commands but as principles for free and orderly interaction.
b. Consensual Theory
Under this theory, international law derives its binding force from the consent of states.
Treaties are an expression of consent. Likewise, custom, as voluntary adherence to
Oppenheim regards international law as law because of the following two reasons: firstly,
international law is constantly recognized as law in practice, the Government of different States
feel that they are legally as well as morally bound to follow it; secondly, while breaking it,
States never deny its legal existence, rather they recognise its existence and try to interpret
international law as justifying their conduct.
History of International Law:
1. From Ancient law to the League of Nations What may be called ancient international
law governed exchange of diplomatic emissaries, peace treaties, etc., in the world of
ancient Romans and even earlier.
2. The progressive rules of jus gentium, seen as a law “common to all men,” became the
law of the vast Roman empire.Modem international law began with the birth of nation-
states in the Medieval Age (Jus gentium) “Common to all men”
3. The governing principles were derived from Roman Law or Canon Law which in turn
drew heavily from natural law.
4. Hugo Grotius, Dutch, is considered father of modem international law.
5. The positivist approach reinterpreted international law not on the basis of concepts
derived from reason but rather on the basis of what actually happened in the conflict
between states.
6. The following are some of the significant milestones in the development of
international law:
9. From the end of World War II to the end of the Cold War
10. The League of Nations failed to prevent World War II. Thus, the formulation of a new
avenue for peace became the preoccupation of the victors. Hence was founded the
United Nations in 1945. This marked the shift of power away from Europe and the
beginning of a truly universal institution.
It was during this period that three major groupings of states arose.The Western states
Another grouping consisted of the socialist states led by the Soviet Union.
The third group, the developing countries, formed the overwhelming majority. The
group consisted mainly of former colonies suffering from underdevelopment together
with newly industrializing countries such as the Philippines, Malaysia, Thailand,
Singapore, and South Korea who had earned their independence through armed or
political struggle while remaining under the influence of Western or socialist ideas.
11. . The United States acts both as world policeman (but in an obviously selective
manner as dictated by its own interests) and also as global mediator. This was the
Cold War period which succeeded in maintaining peace through the balancing of the
two super powers, the United States and its allies on the one hand and the Soviet
Union

(a) The Peace of Westphalia, which ended the Thirty Years War (1618-1648) and
established a treaty based framework for peace cooperation. (It was at this time that
pacta sunt servanda arose.) SALVACION v. CENTRAL BANK
(b) Congress of Vienna (1815), which ended the Napoleonic Wars and created a
sophisticated system of multilateral political and economic cooperation. Categorically pronounce that our courts is a court of equity
(c) Covenant of the League of Nations (1920) which included the Treaty of Versailles
ARTICLE 19 OF THE CIVIL CODE
which ended World War I.

7. In the aftermath of World War I, the victors decided to create an institution designed to
prevent the recurrence of world conflagration. Thus, the League of Nations was bom.
8. The League created the Permanent Court of International Justice.