8/19/21

Is international law binding?

 Yes

Who are the subjects of international law?

 States
 People/population, territory, sovereignty, government
 International organizations
 Political entities legally proximate to states

Differentiate international law between municipal law

 Municipal law governs the domestic aspects of. government and deals with issues between
individuals, and between individuals and the. administrative apparatus, while international law
focuses primarily upon the relations. between states.

Municipal law is superior over international law for all time? - False
Municipal law is superior over international law in the international sphere? - False
Municipal law is superior over international law in the domestic sphere? - False

 International law is superior in the international sphere

 Municipal law is superior in the domestic sphere

Topic for the next 4 weeks: INTERPLAY BETWEEN INTERNATIONAL LAW AND PHILIPPINE
DOMESTIC LAW
→ which is more superior?
→ even the supreme court is still grappling with that question

In the international sphere, which is superior: international law, domestic law, or municipal law?

What are the sources of international law?

 Article 38 of the ICJ Statute
 Primary sources
 Secondary sources

Article 38
1. The Court, whose function is to decide in accordance with international law such
disputes as are submitted to it, shall apply: 
1. international conventions, whether general or particular, establishing rules
expressly recognized by the contesting states; 
2. international custom, as evidence of a general practice accepted as law; 
3. the general principles of law recognized by civilized nations; 
4. subject to the provisions of Article 59, judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as subsidiary means for
the determination of rules of law. 
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et
bono, if the parties agree thereto.
REMEMBER ART. 38 BY HEART (ICJ STATUTE)

Conventions and Treaties

Are all states are bound by international conventions?

 No.

What is a convention?

What do you call the parties who are bound by a convention?

 State parties.

 Concept of pacta sunt servanda

Is a treaty similar to a convention? Yes. They are similar and can be used interchangeably.
 Written
 Binding between parties

Norms and Customs

How do we know when a norm is a custom of international law?

In order for a practice to crystallize into a customary norm, class discussions and
Higgins (ibid.) only point to the following essential elements:
1. Consistent state practice; and - states do it
2. Opinio juris - and they do it because it’s obligatory

What are examples of customary international law?

 Non-refoulement
 Immunity of state heads

The general principles of law recognized by civilized nations

→ domestic principles

Is it possible that an international conventional norm is also a customary norm?

 Yes, it’s possible that the customary norm was merely codified
 Example:
 Geneva convention: rule on killing civilians
If customary norm can be codified, can treaty norm become customary international law?