GROUP

10
GEC 111 – The Contemporary
February 17, 2022
World
Pair No. 10
Angeline Encarnacion Mr. Roger Primo Jr.
Emmanuel L. Martin Instructor
Larizza P. Reyes
 International Conventions and International Customs
● International conventions are international agreements concluded between States, in written form, and governed by International Law, embodied
either in a single instrument or in two or more related instruments and whatever its particular designation (Art. 2 (1) (a), Vienna Convention on Law of
Treaties) .

● Examples of bilateral entered into by the Philippines are the Mutual Defense Treaty with USA, signed on 30 August 1959; Visiting Forces Agreement
with USA, signed on 10 February 1998; and RP -US Extradition Treaty with USA, signed on 13 November 1995.

● At times, the Philippines also enter into multilateral treaties or conventions with two or more states. An example of which is the 1982 United Nations
Convention on the Law of the Sea (UNCLOS). Other examples are the International Convention on Civil and Political Rights, Rome Statute of the
International Criminal Court, and Convention on the Prevention and Punishment of the Crime of Genocide.

International Customs
● International customs, also known as customary law, consists of rules of law derived from the consistent conduct of states, acting out of the belief
that the law required them to act that way (Aust, 2010). However, for a custom to be deemed as an international custom, these two elements must
exist: state practice and opinio juris sive necessitates ("opinion of law or necessity").
● State practice states that there must be evidence of substantial uniformity of practice by a substantial number of states (Aust, 2010). In a leading
case rendered by the International Court of Justice, the case of North Sea Continental Shelf Cases (Germany v. Denmark, ICJ, 1969), what is required
is that:
● "x xxw within the period in question, short though it might be, State practice, including that of States whose interests are specifically affected, should
have been both extensive and virtually uniform."
● Proof of state practice are as follows: administrative acts, legislation, court decisions, historical records, and international stage
activities.

● Opinio juris sive necessitatesstates the belief that the given practice isrendered obligatory by the existence of a rule requiring it.
Consequently, the states concerned must feel that they are conforming to what amounts to a legal obligation (North Sea
Continental Shelf Cases) (Germany v. Denmark, ICJ, 1969).
● Kinds of international customs are: regional custom and special or local custom.

● Regional custom is a practice among states within a particular area of the world which can be sufficiently well -established and
accepted as law that is binding among the states of that region but not elsewhere (Epps & Graham, 2011). A special custom, on
the other hand, is a long -continued practice between two states, accepted by them as regulating their relations that form the
basis of mutual rights and obligations (Right of Passage Case (Portugal v. India), ICJ, 1960).
Jus Cogens and Obligations Erga Omnes
● Jus cogens (Compelling Law) occupy another category of international customs as these refer to norms that command peremptory authority,
superseding conflicting treaties and customs which can neither be derogated nor modified, except by a norm or similar character (Vinuya V.
Executive Secretary, G.R. No. 162230, April 28, 2010). Jus cogens enjoy a higher rank in the international hierarchy than treaty law and even
ordinary customary rules (Prosecutor v. Furundzia, International Criminal Tribunal for the former Yugoslavia, 1998).
● Obligations erga omnes ("towards all") refers to an obligation under general international law that a state owes in any given case to the
international community, in view of its common values and its concern for compliance, so that a breach of that obligation enables all States to take
action; or an obligation under a multilateral treaty that a state party to the treaty owes in any given case to all the other state parties to the same
treaty, in view of their common values and concern for compliance, so that a breach of that obligation enables to all these states to take action
(Vinuya V. Executive

Treaties
● A treaty is an international agreement conducted between states, in written form and governed by international law, whether embodied in a single
instrument or in two or more related instruments, whatever its particular designation (Art. 2 (1) (a), Vienna Convention on Law of Treaties).
● Steps in treaty making involves (1) negotiation; (2) signing of the treaty by the representatives; (3) exchange of ratification instruments; (4)
ratification of the treaty by the constitutional organs of the respective states; and (5) registration with and publication by the Secretariat of the
United Nations (UN).
● A state is obliged to refrain from acts which would defeat the object and purpose of a treaty when it has signed the treaty or has exchanged
instruments constituting the treaty subject to ratification, acceptance of approval, until it shall have made its intention clear not to become a party
 to the treaty; or it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into
force is not unduly delayed (Art. 18, Vienna Convention on Law of Treaties).
● In connection thereto, the power of the President to ratify a treaty is well entrenched in the 1987 Constitution. However, no treaty or international
agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the Senate (Sec. 21, Art. VII, 1987 Constitution).
 Basic Principles Concerning Treaties
● Pacta tertiis nec nocent nec prosunt - "A treaty binds the parties and only the parties"
● Pacta sunt servanda - "Agreements must be kept" - Every treaty in force is binding upon the parties to it and must be performed by them in good
faith (Art. 26, Vienna Convention on Law of Treaties).
● Rebuc sic stantibus - "Things standing thus" - A fundamental change of circumstance which has occurred with regard to those existing at the time of
the conclusion of a treaty, and which was not foreseen by the parties, may be invoked as a ground for terminating or withdrawing from the treaty if
the existence for those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty and the effect of the
change is radically to transform the extent of the obligations still to be performed under the treaty (Par. 1, Art. 62, Vienna Convention on Law of
Treaties).

Executive Agreement and Concordat

● An executive agreement is an agreement concluded by the President based on authority granted by Congress or based on the inherent authority
granted to him/her by the Constitution. This is distinguished from a treaty as the latter pertains to a covenant concluded by the President with the
advice and consent of the Senate. 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 (Sec. 21, Article VII, 1987 Constitution). Both treaties and executive agreements have binding effect upon states as long
as the negotiating functionaries have remained within their powers (USAFFE Veterans Association Inc. v. Treasurer of the Philippines, G.R. No.
L10500, June 30, 1959).

● A concordat is a treaty or agreement between the Pope and a state or government that deals with religious matters as well as the recognition and
privileges of the Holy See in other states (Sarmiento, 2014).

States, Nationality, and Statelessness

● States – are entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing
international claims
● Nationality - a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests, and sentiments, together with
the existence of reciprocal rights and duties (Nottebohm Case Liechtenstein v. Guatemala, 1955 ICJ 4)

● Refugee – a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular
social group or political opinion, is outside the country of his/ her nationality, and is unable or, owing to such fear, is unwilling to avail
himself/herself of the protection of that country