Company Name

Reporting on our progress, actions, and transformations we’ve achieved

so far in relation to the attainment of the Sustainable Development Goals

1946-now
 Company Name

Reporting on our progress, actions, and transformations we’ve achieved

so far in relation to the attainment of the Sustainable Development Goals

1945-1946
Designing the Emblem of the United Nations

The original emblem of the United Nations was created by a

team of designers during the United Nations Conference on
International Organization in 1945. The UN emblem was
designed to be "a map of the world representing an azimuthal
equidistant projection centred on the North Pole, inscribed in te am was
he d e sig n
a wreath consisting of crossed conventionalized branches of T
the olive tree, in gold on a field of smoke-blue with led by
all water areas in white. e r L in c o ln
Oliv
n d q u is t.
Lu
The projection of the map extends to 60 degrees south
latitude, and includes five concentric circles".
The “UN blue” colour was also chosen at this time and
became an integral part of the visual identity of the
Organization.
Blue represents peace in opposition to red, for war.
History of the United
Nations
As World War II was about to end in 1945,
nations were in ruins, and the world wanted peace.
Representatives of 50 countries gathered at the United
Nations Conference
on International Organization in San Francisco, California
from 25 April to 26 June 1945.

For the next two months, they proceeded to draft and then
sign the UN Charter,
which created a new international organization, the United
Nations,
which, it was hoped, would prevent another world war
like the one they had just lived through.
 Republic of China Ukrainian Soviet Socialist
Egypt Republic Honduras
France
El Salvador Yugoslavia India
Union of Soviet Socialist
Republics Haiti Australia Iraq
United Kingdom of Great
Britain and Northern Iran Belgium Liberia
Ireland Lebanon Bolivia Mexico
USA
Luxembourg Canada Netherlands
Argentina
Brazil New Zealand Colombia Norway
Byelorussian Soviet
Nicaragua Costa Rica Panama
Socialist Republic
Chile Paraguay Ecuador Peru
Cuba Philippine Commonwealth Ethiopia Union of South Africa
Czechoslovakia Saudi Arabia Greece Uruguay
Denmark Syrian Arab Republic Guatemala Venezuela
Dominican Republic Turkey
Four months after the San Francisco
Conference ended,
the United Nations officially began, on
24 October 1945, when it came into
existence after its Charter had been
ratified by China, France, the Soviet
Union, the United Kingdom, the United
States and by a majority of other
signatories.
 STRUCTURE OF THE
UNITED NATIONS

All were established in 1945 when the UN was founded.

General
Assembly Trusteeship
Security Economic
Council
International Council and Social UN
Court of Justice Council Secretariat
Now, more than 75 years
later, the United Nations is
still working to maintain
international peace and
security, give humanitarian
assistance to those in
need, protect human
rights, and uphold
international law.
 The audience at the opening session of the United Nations Conference on International Organization
(also known as the San Francisco Conference) on 25 April, 1945. UN Photo

The San Francisco Conference

Delegates of fifty nations met in San Francisco, California, USA, between 25
April and 26 June 1945 at the United Nations Conference on International
Organization. Working on the Dumbarton Oaks proposals, the Yalta
Agreement, and amendments proposed by various governments, the
Conference agreed upon the Charter of the United Nations and the Statute
of the new International Court of Justice.
Four Committees and Four Commissions

The work of the San Francisco Conference was organized as follows.

The highest body was the Conference in Plenary Session, which was in
charge of the final voting and adoption of the text. Below the
plenary, four committees were established:
the Steering Committee, composed of the chairmen of all
delegations, which considered major questions of policy and
procedure;
the Executive Committee, composed of the chairmen of 14
delegations (those of the four sponsoring Governments and ten
co-elected members), serving the Steering Committee by
preparing recommendations for its consideration;
the Coordination Committee, composed of technical members of
the same 14 delegations, which assisted the Executive Committee
and was itself assisted by an Advisory Committee of Jurists;
the Credentials Committee, formed by representatives from six
delegations, verifying the credentials of delegates.
The work was organized as follows:
Commission I (General Provisions) coordinated the work of Technical
Committee 1 (Preamble, Purposes and Principles) and Technical
Committee 2 (Membership, Amendment and Secretariat);

Commission II (General Assembly) coordinated the work of Technical

Committee 1 (Structure and Procedures), Technical Committee 2
(Political and Security Functions), Technical Committee 3 (Economic and
Social Cooperation) and Technical Committee 4 (Trusteeship System);

Commission III (Security Council), coordinated the work of Technical

Committee 1 (Structure and Procedures), Technical Committee 2
(Peaceful Settlement), Technical Committee 3 (Enforcement
Arrangements) and Technical Committee 4 (Regional Arrangements);

Commission IV (Judicial Organization), coordinated the work of

Technical Committee 1 (International Court of Justice) and Technical
Committee 2 (Legal Problems).
The Charter of the United Nations, together with
the Statute of the International Court of Justice
which forms an integral part of the Charter, was
adopted unanimously at the end of the Conference,
on 25 June 1945 at the San Francisco Opera House,
and was signed the following day at the Herbst
Theatre auditorium of the Veterans War Memorial
Building. It entered into force, in accordance with
its Article 110, paragraph 3, on 24 October 1945,
following the deposit of the instruments of
ratification of the five permanent members of the
Security Council and a majority of all other
signatories.
The Charter is approved.

The United Nations did not come into existence at the signing of the Charter. The
UN Charter was signed on 26 June 1945 by representatives of the 50 countries
attending the United Nations Conference on International Organization in San
Francisco. Poland, which was not represented, signed it later and became one of the
UN's original 51 Member States.

In many countries the Charter had to be approved by their congresses or

parliaments. It had therefore been provided that the Charter would come into force
when the Governments of China, France, Great Britain, the Soviet Union and the
United States and a majority of the other signatory states had ratified it and
deposited notification to this effect with the State Department of the United
States.

On 24 October 1945 (now observed annually as United Nations Day) this condition
was fulfilled and the United Nations came into existence. Four years of planning
and the hope of many years had materialized in an international organization
designed to end war and promote peace, justice and better living for all mankind.
Predecessor: The League of Nations

The predecessor of the United Nations was the

League of Nations, established in 1919, after
World War I, under the Treaty of Versailles
"to promote international cooperation and to
achieve peace and security."

As of 20 April 1946, the League of Nations

ceased to exist, having handed over all of its
assets to the United Nations, and having
granted the new UN Secretariat full control of
its Library and archives.
United
Nations
Charter

The United Nations can take action

on a wide variety of issues due to its
unique international character and
the powers vested in its Charter,
which is considered an
international treaty.
As such, the UN Charter is an
instrument of international law,
and UN Member States are bound
by it.
The UN Charter codifies the major
principles of international relations,
from sovereign equality of States to
the prohibition of the use of force in
international relations.
The Charter of the United Nations
(UN) is the foundational treaty of
the UN, an intergovernmental
organization.
It establishes the purposes,
governing structure, and overall
framework of the UN system,
including its six principal organs:
the Secretariat, the General
Assembly, the Security Council, the
Economic and Social Council, the
International Court of Justice, and
the Trusteeship Council.
The UN Charter mandates the UN
and its member states to maintain
international peace and security,
uphold international law, achieve
"higher standards of living" for their
citizens, address "economic, social,
health, and related problems", and
promote "universal respect for, and
observance of, human rights and
fundamental freedoms for all
without distinction as to race, sex,
language, or religion".
As a charter and constituent treaty,
its rules and obligations are binding
on all members and supersede
those of other treaties.
The Charter consists of a preamble and 111
articles grouped into 19 chapters.
The preamble consists of two principal
parts.
The first part contains a general call for
the maintenance of peace and
international security and respect for
human rights.
The second part of the preamble is a
declaration in a contractual style that
the governments of the peoples of the
United Nations have agreed to the
Charter and it is the first international
document regarding human rights.
Chapter I sets forth the purposes of
the United Nations, including the
important provisions of the
maintenance of international
peace and security.
Chapter II defines the criteria for
membership in the United Nations.
Chapters III–XV, the bulk of the
document, describe the organs and
institutions of the UN and their
respective powers.
Chapters XVI and Chapter XVII
describe arrangements for
integrating the UN with established
international law.
Chapters XVIII and Chapter XIX
provide for amendment and
ratification of the Charter.
The following chapters deal with the
enforcement powers of UN bodies:
Chapter VI describes the Security
Council's power to investigate and
mediate disputes;
Chapter VII describes the Security
Council's power to authorize
economic, diplomatic, and military
sanctions, as well as the use of
military force, to resolve disputes;
Chapter VIII makes it possible for
regional arrangements to maintain
peace and security within their own
region;
Chapters IX and Chapter X describe
the UN's powers for economic and
social cooperation, and the
Economic and Social Council that
oversee these powers;
Chapters XII and Chapter XIII
describe the Trusteeship Council,
which oversaw decolonization;
Chapters XIV and Chapter XV establish
the powers of, respectively, the
International Court of Justice and the
United Nations Secretariat.
Chapters XVI through Chapter XIX deal
respectively with XVI: miscellaneous
provisions, XVII: transitional security
arrangements related to World War II,
XVIII: the charter amendment process,
and XIX: ratification of the charter
UN Charter
Preamble
Chapter I: Purposes
and Principles
(Articles 1-2)
Chapter II:
Membership (Articles
3-6)
Chapter III: Organs
(Articles 7-8)
Chapter IV: The
General Assembly
(Articles 9-22)
Chapter V: The
Security Council
(Articles 23-32)
Chapter VI: Pacific
Settlement of Disputes
(Articles 33-38)
Chapter VII: Action with
Respect to Threats to
the Peace, Breaches of
the Peace, and Acts of
Aggression (Articles 39-
51)
Chapter VIII: Regional
Arrangements (Articles
52-54)
Chapter IX:
International Economic
and Social Cooperation
(Articles 55-60)
Chapter X: The
Economic and Social
Council (Articles 61-72)
Chapter XI: Declaration
Regarding Non-Self-
Governing Territories
(Articles 73-74)
Chapter XII:
International
Trusteeship System
(Articles 75-85)
Chapter XIII: The
Trusteeship Council
(Articles 86-91)
Chapter XIV: The
International Court of
Justice (Articles 92-96)
Chapter XV: The
Secretariat (Articles 97-
101)
Chapter XVI:
Miscellaneous
Provisions (Articles
102-105)
Chapter XVII:
Transitional Security
Arrangements (Articles
106-107)
Chapter XVIII:
Amendments (Articles
108-109)
Chapter XIX:
Ratification and
Signature (Articles 110-
111)
Amendments to Articles
23, 27, 61, 109
 WE THE PEOPLES OF THE UNITED NATIONS
DETERMINED
to save succeeding generations from the scourge of
war, which twice in our lifetime has brought untold
sorrow to mankind, and

to reaffirm faith in fundamental human rights, in the

dignity and worth of the human person, in the equal

PREAMBLE rights of men and women and of nations large and

small, and

to establish conditions under which justice and respect

for the obligations arising from treaties and other
sources of international law can be maintained, and

to promote social progress and better standards of

life in larger freedom,
 AND FOR THESE ENDS
to practice tolerance and live together in
peace with one another as good neighbours,
and
to unite our strength to maintain international
peace and security, and

PREAMBLE to ensure, by the acceptance of principles and

the institution of methods, that armed force
shall not be used, save in the common interest,
and
to employ international machinery for the
promotion of the economic and social
advancement of all peoples,

 HAVE RESOLVED TO COMBINE OUR EFFORTS

TO ACCOMPLISH THESE AIMS.
Accordingly, our respective Governments,
through representatives assembled in the city
of San Francisco, who have exhibited their full

PREAMBLE powers found to be in good and due form, have

agreed to the present Charter of the United
Nations and do hereby establish an
international organization to be known as the
United Nations.

 Note: Although the Preamble is an

New York 4,496KM integral part of the Charter,
Sydney 12,073KM

Manila 11,759KM
it does not set out any of the
Paris 90
88KM rights or obligations of member
states; its purpose is to serve as
an interpretative guide for the
provisions of the Charter through
the highlighting of some of the
core motives of the founders of
the organization.
 The name United Nations, coined by
The scope of the UN’s work spans the
United Nations, or United States President Franklin
globe, and its overarching mandate is
simply the UN, is an Roosevelt, was first used in the
to address social, economic, and
international Declaration of Nations on January 1,
emergency needs. It does not
organization of states 1942, when during World War II
represent any national or commercial
representatives of 26 nations pledged
created to maintain and interests. All countries participate in
on behalf of their governments to
strengthen international making the most important strategic
continue fighting together against the
peace, security, and Nazi bloc.
decisions of the UN.
cooperation between

countries.

 Due to the powers vested in its Charter and its unique international
character, the United Nations can take action on the issues
confronting humanity, including:

Maintain
Protect Deliver
international
human rights humanitarian
peace and

aid
security

Promote Uphold
sustainable international
development law
 Thank
UN

you!
UNITED NATIONS
PURPOSE & PRINCIPLES
United Nations - Chapter 1, Articles 1 & 2
PURPOSE
UN Charter, Chapter 1 Article 1

3
 purpose

1. To maintain international peace and security, and to that end:

➔ to take effective collective measures for the prevention and removal of

threats to the peace, and for the suppression of acts of aggression or
other breaches of the peace, and
➔ to bring about by peaceful means, and in conformity with the principles
of justice and international law, adjustment or settlement of international
disputes or situations which might lead to a breach of the peace;
 purpose

2. To develop friendly relations among nations based on respect for the

principle of equal rights and self-determination of peoples, and to take other
appropriate measures to strengthen universal peace;
 purpose

3. To achieve international co-operation in solving international

problems of an economic, social, cultural, or humanitarian character, and in

promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion; and
 purpose

4. To be a centre for harmonizing the actions of nations in the

attainment of these common ends.
PRINCIPLES
UN Charter, Chapter 1 Article 2

8
 PRINCIPLES

1. The Organization is based on the principle of the sovereign equality of

all its Members.
2. All Members, in order to ensure to all of them the rights and benefits
resulting from membership, shall fulfill in good faith the obligations
assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means
in such a manner that international peace and security, and justice, are
not endangered
4. All Members shall refrain in their international relations from the threat
or use of force against the territorial integrity or political independence
of any state, or in any other manner inconsistent with the Purposes of the
United Nations.
 PRINCIPLES

5. All Members shall give the United Nations every assistance in any action it
takes in accordance with the present Charter, and shall refrain from giving
assistance to any state against which the United Nations is taking preventive or
enforcement action.
6. The Organization shall ensure that states which are not Members of the
United Nations act in accordance with these Principles so far as may be
necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations
to intervene in matters which are essentially within the domestic jurisdiction
of any state or shall require the Members to submit such matters to
settlement under the present Charter; but this principle shall not prejudice
the application of enforcement measures under Chapter Vll.
U.N. SUSTAINABLE DEVELOPMENT GOALS Humanitarian aid

PEACE AND SECURITY HUMAN RIGHTS

11
 MEMBERSHIP
United Nations - Chapter 2, Articles 3, 4, 5, and 6
 MEMBERSHIP - CH. 2, ART. 3

The original Members of the United Nations shall be the states which, having
participated in the United Nations Conference on International Organization
at San Francisco, or having previously signed the Declaration by United
Nations of 1 January 1942, sign the present Charter and ratify it in accordance
with Article 110.
 MEMBERSHIP - CH. 2, ART. 4

Membership in the United Nations is open to all other peace-loving states

which accept the obligations contained in the present Charter and, in the
judgment of the Organization, are able and willing to carry out these
obligations.

The admission of any such state to membership in the United Nations

will be effected by a decision of the General Assembly upon the
recommendation of the Security Council.
 MEMBERSHIP - CH. 2, ART. 5

A Member of the United Nations against which preventive or enforcement

action has been taken by the Security Council may be suspended from the
exercise of the rights and privileges of membership by the General Assembly
upon the recommendation of the Security Council. The exercise of these
rights and privileges may be restored by the Security Council.
 MEMBERSHIP - CH. 2, ART. 6

A Member of the United Nations which has persistently violated the

Principles contained in the present Charter may be expelled from the
Organization by the General Assembly upon the recommendation of the
Security Council.
ORGANS OF THE U.N.
United Nations - Chapter 3, Articles 7 & 8
 ORGANS - ch. 3, Art. 7

There are established as principal organs of the United Nations:

➔ a General Assembly,
➔ a Security Council,
➔ an Economic and Social Council,
➔ a Trusteeship Council,
➔ an International Court of Justice and a Secretariat.

Such subsidiary organs as may be found necessary may be established in

accordance with the present Charter.
 ORGANS - ch. 3, Art. 8

The United Nations shall place no restrictions on the eligibility of men and
women to participate in any capacity and under conditions of equality in its
principal and subsidiary organs.
Thank you!

20
President Ferdinand Marcos Jr.
spoke for the first time
at the United Nations General Assembly
during the high-level General Debate
on Wednesday, September 21
(Tuesday, September 20, New York time).
 Points Raised:

a. By shepherding the Manila Declaration of 1982, Philippines helped affirm

that differences should only be resolved through peaceful means;

b. By reinforcing the predictability and stability of international law,

particularly the 1982 United Nations Convention on the Law of the Sea,
Philippines provided an example of how states should resolve their
differences: through reason and through right.
These two contributions provide useful guidance for our time.
Amidst challenging global tides, an important ballast stabilizes
our common vessel.

That is, our open, inclusive, and rules-based international order that is
governed by international law and informed by the principles of equity
and of justice.

Pres. Marcos Jr. emphasized that Philippines shall continue to be a friend

to all, and an enemy of none.
 Highlights:
Four challenges to the continued survival of our global community:

a. First: Climate Change

The time for talk about if and when has long since passed – it is here, it is
now.
Climate change is the greatest threat affecting our nations and peoples.

The effects of climate change are uneven and reflect an historical injustice: Those who
are least responsible suffer the most. The Philippines, for example, is a net carbon sink,
we absorb carbon dioxide than we emit. And yet, we are the 4th most vulnerable
country to climate change.

We accept our share of responsibility and will continue to do our part to avert this
collective disaster.
We call on industrialized countries to immediately fulfill their obligations under the
United Nations Framework Convention on Climate Change and the Paris Agreement
to cut their greenhouse gas emissions, provide climate financing and technology
transfer for adaptation for the most vulnerable and developing countries to lead by
example.
We look forward to concrete outcomes at the Conference of Parties in Egypt later
this year.

BBM stressed that, "This threat knows no borders, no social class, nor any geopolitical
consideration. How we address it will be the true test of our time."
b. Second: The Development of Advanced Technologies

This is rapidly transforming human life and experience and still barely
understand how these transformations are unfolding and where they
are leading. The imminent diffusion of these emerging technologies
could solve many of our old problems, but they could also disrupt our
political and social orders. Our governance structures must keep up.
c. Third: Widening Geopolitical Polarities and Sharpening Strategic
Competitions

These are transforming the international political landscape. A profound

lack of trust is putting enormous strains on our multilateral system. Our
very Charter is being violated around the world as we speak. In Asia, our
hard-won peace and stability is under threat by increasing strategic and
ideological tensions. These behoove us to uphold the ideals that led to
the establishment of this parliament of nations, and to reject any
attempt to deny or redefine our common understanding of these
principles.
d. Fourth: Inequalities and Inequities Within and Among Countries

This continue to persist, and they continue to demand urgent action.

This injustice was evident during this pandemic, when the richer nations
immediately received vaccines at the expense of the have-nots. We see, for
example, dangers of this lurking in the persistent digital divide and in
ballooning debt burdens.
BBM stressed, "We must reinvigorate the world economy. We must use
public and private resources to encourage the expansion of trade,
investment, and technology transfers to accelerate development.

Knowledge and intellectual gains must flow freely to allow those lagging
behind to catch up. Sustainable development will be hampered, to the
detriment of all, if existing structures in the global economy remain
unreformed."
The achievement of our national ambition requires a global
environment that creates conditions that allow all nations,
including ours, to thrive in peace. We need the United
Nations to continue to work. And we, the Philippines, are
determined to be part of that solution.
 Important Agenda
First: Solidarity

We need to reaffirm the wisdom of the founders of our United Nations. This means
transcending our differences and committing to ending war, upholding justice, respecting
human rights, and maintaining international peace and security.
Nuclear weapons continue to pose an existential threat despite our efforts to build norms
that resoundingly prohibit them.
We must reject the notion of deterrence and remain committed to decreasing the global
stockpile of these weapons.
At the same time, we must also address the scourge of the proliferation of all weapons, be
they small arms, light weapons, or improvised explosive devices.
Our work must also focus on ensuring that the international system remains fair not only for all
states, but more importantly for all peoples. This system must work for the most vulnerable,
especially the marginalized, migrants and refugees. The world has witnessed the enduring
contribution of migrants in the fight against this pandemic.

The Philippines’ United Nations Joint Program on Human Rights is an example of a

constructive approach that puts our people, not our politics, at the center of this work. It
provides a model for revitalizing the structures that facilitates solidarity between the United
Nations and a sovereign duty-bearer.

Our continued solidarity will also benefit from a reformed and more inclusive Security Council
and an empowered General Assembly that can hold the Council to account. At the same time,
the United Nations must forge ahead with its flagship tradition of global peacekeeping.
Philippines' experiences in building peace and forging new paths of cooperation can enrich the
work of the Security Council.

BBM appealed for the valuable support of all UN Member States for the Philippines’
candidature to the Security Council for the term 2027-2028.

Success in the Bangsamoro Autonomous Region in Muslim Mindanao in the south of the
Philippines is the centerpiece of these efforts.

Inclusive dialogue involving all stakeholders, including women, the youth, faith leaders and civil
society, conducted with patience and good faith has produced a credible and solid foundation
for self-government that paves the way for lasting peace and sustainable development.
The Philippines builds partnerships for peace and development through dialogue, including
through inter-faith and inter-religious dialogue especially through ASEAN.

Partnerships form the bridge to unite all of us in promoting peace and stability in the Asia
Pacific region.

Our global community is only as strong as we make it. We need to ensure that all nations,
especially developing countries, are equipped with the tools they need to navigate the
uncharted waters of this century. This requires a transformative development agenda.

BBM welcomes the Summit of the Future next year as an opportunity to collectively roll up our
sleeves and chart our common path.
Second: Sustainability

We must seek solutions that preserve our planet. These solutions must transcend
our time and win the future for the succeeding generations. We crafted the 2030
Agenda for Sustainable Development as a platform of unity where our societies can
build a future that is resilient and inclusive, where our people can be healthy,
happy and secure.
This requires investment in food security, the fragility of which has been clearly
demonstrated by the pandemic and the conflict in Ukraine. We need to take
concrete steps towards a modern and resilient agriculture. For food is not just a
trade commodity nor a livelihood. It is an existential imperative. and a moral one. It
is the very basis of human security.
To attain food self-sufficiency and security,
providing innovative solutions and financial support to farmers and fisher-folk
to adapt new technologies and connect to national and global value supply
chains.

forging cooperation with the UN and our partners to boost agricultural

productivity and food security.

As host to 17 UN agencies, program and funds, the Philippines strongly supports

reforms to ensure that the UN Development System delivers as one through its UN
Country Team.
 Water connects our world and sustains our existence, but it is also a finite resource that requires our
stewardship.
Biodiversity must be protected amidst the continuing challenge of climate change. We must
enhance our cooperation in these areas.

Gross Domestic Product is an incomplete measure of progress and that vulnerability is

multidimensional.
Our development agenda must also take into account the interest of all developing nations,
including middle-income countries where the majority of the world’s poor live.
Equipping our people with the tools they need to meet the challenges of the Fourth Industrial
Revolution. Investments in education are key, and the administration is prepared to make such
investments. The Philippines notes with appreciation the Transforming Education Summit held
earlier this week. At which these subjects were taken up.

Philippines will continue to work with partners in promoting this at the international level.
Finally: Science
Knowledge and discovery remain the keys to unlock the potential of our dynamic
future. Encouraging our young people’s curiosity, honing their skills, and protecting
their intellectual properties are important investments.
Humankind is pushing back its horizons, both in the digital world and out in our
physical universe.
Access to these domains is an inalienable right of all nations, as are peaceful uses of all
existing and emerging technologies.
The Philippines is preparing for the future by laying the governance framework that will
allow us to harness the power of renewable energy, develop the capacity to utilize the
life sciences such as medicine and virology, pursue digital solutions towards a more
modern economy, and expand our presence in outer space.
 The need to update the global structures that facilitate international cooperation on
the peaceful uses of nuclear energy, biology, chemistry, to name but a few.
The need new structures to govern rapid advances in other areas.
The need to start by defining the norms of responsible behavior in cyberspace and
outer space and forming legal rules that will prevent the weaponization of artificial
intelligence.

The diffusion of cutting-edge technology across the economy is promising, but they
could come at a cost.
Our development agenda must consider the possible displacement of human labor as
a result of advances in automation, the must to prepare our economic structures for
this and to start building the necessary supports for those sectors affected.
 The need to update the global structures that facilitate international cooperation on
the peaceful uses of nuclear energy, biology, chemistry, to name but a few.
The need new structures to govern rapid advances in other areas.
The need to start by defining the norms of responsible behavior in cyberspace and
outer space and forming legal rules that will prevent the weaponization of artificial
intelligence.

The diffusion of cutting-edge technology across the economy is promising, but they
could come at a cost.
Our development agenda must consider the possible displacement of human labor as
a result of advances in automation, the must to prepare our economic structures for
this and to start building the necessary supports for those sectors affected.
Let us dream, let us work for those
successes for all our nations, united!
 SOURCES OF PUBLIC
INTERNATIONAL LAW
INTERNATIONAL TREATIES
AND CONVENTIONS
 VIENNA CONVENTION ON
THE LAW OF TREATIES
DONE AT VIENNA ON 23 MAY
1969

 HISTORY AND SUMMARY

Vienna Convention on the Law of Treaties, an

international agreement governing treaties between
states that was drafted by the International Law
Commission of the United Nations and adopted on
May 23, 1969, and that entered into force on January
27, 1980.
 HISTORY AND SUMMARY
A convention governing international treaties was one of the first
efforts undertaken by the International Law Commission, and James
Brierly was assigned as special rapporteur in 1949 to address the
subject. After his resignation in 1952, each of his successors began
the work anew. Sir Humphrey Waldock, appointed in 1961,
produced six reports from which the commission was able to create
a draft to submit to the UN General Assembly in 1966 with a
recommendation that a conference be convened to conclude a
convention based on the draft. The conference held its first meeting
in 1968, and the convention was adopted at its second session the
following year.
 HISTORY AND SUMMARY

The convention applies only to written treaties between states. The

first part of the document defines the terms and scope of the
agreement. The second part lays out the rules for the conclusion
and adoption of treaties, including the consent of parties to be
bound by treaties and the formulation of reservations—that is,
declining to be bound by one or more particular provisions of a
treaty while accepting the rest. The third part deals with the
application and interpretation of treaties, and the fourth part
discusses means of modifying or amending treaties.
 HISTORY AND SUMMARY
These parts essentially codify existing customary law. The most
important part of the convention, Part V, delineates grounds and
rules for invalidating, terminating, or suspending treaties and
includes a provision granting the International Court of Justice
jurisdiction in the event of disputes arising from the application of
those rules. The final parts discuss the effects on treaties of changes
of government within a state, alterations in consular relations
between states, and the outbreak of hostilities between states as
well as the rules for depositaries, registration, and ratification.
 THE STATES PARTIES TO THE PRESENT
CONVENTION
Considering the fundamental role of treaties in the history
of international relations, Recognizing the ever-increasing
importance of treaties as a source of international law and
as a means of developing peaceful cooperation among
nations, whatever their constitutional and social systems,
Noting that the principles of free consent and of good
faith and the pacta sunt servanda rule are universally
recognized.
 THE STATES PARTIES TO THE PRESENT
CONVENTION
Affirming that disputes concerning treaties, like other
international disputes, should be settled by peaceful
means and in conformity with the principles of justice and
international law, recalling the determination of the
peoples of the United Nations to establish conditions
under which justice and respect for the obligations arising
from treaties can be maintained.
 THE STATES PARTIES TO THE PRESENT
CONVENTION
Having in mind the principles of international law
embodied in the Charter of the United Nations, such as the
principles of the equal rights and self-determination of
peoples, of the sovereign equality and independence of all
States, of non-interference in the domestic affairs of
States, of the prohibition of the threat or use of force and
of universal respect for, and observance of, human rights
and fundamental freedoms for all
 THE STATES PARTIES TO THE PRESENT
CONVENTION
Believing that the codification and progressive
development of the law of treaties achieved in the present
Convention will promote the purposes of the United
Nations set forth in the Charter, namely, the maintenance
of international peace and security, the development of
friendly relations and the achievement of cooperation
among nations
 THE STATES PARTIES TO THE PRESENT
CONVENTION
Affirming that the rules of customary international law will
govern question not regulated by the provision of the
present Convention.
TREATY
 DEFINITION

means an international agreement concluded

between States in written form and governedby
international law, whether embodied in a single
instrument or in two or more related instruments
and whatever its particular designation
 DEFINITION
as a formal agreement, usually but not necessarily in
writing, which is entered into by states or entities
possessing the treaty-making capacity, for the purpose of
regulating their mutual relations under the law of
nations. In its generic sense, the term treaty may
embrace such other compacts as conventions,
declarations, covenants, acts, concordats, etc., although
there are recognized variations in their extent or
purposes.
 ESSENTIAL
REQUISITES OF A
VALID TREATY
To be valid, a treaty must:

(a) be entered into by par ties with the treaty-making

capacity;
(b) through their authorized representatives;
(c) without the attendance of duress, fraud, mistake, or
other vice of consent;
(d) on any lawful subject-matter;
(e) in accordance with their respective constitutional
processes.
EFFECTIVITY OF
TREATY
 UNDER ARTICLE 24 OF THE VIENNA
CONVENTION ON THE LAW OF TREATIES

upon such date as it may provide or as
1.A treaty enters into force in such manner and
the negotiating States may agree.
2.Failing any such provision or agreement, a treaty enters into force as soon as consent
to be bound by the treaty has been established for all the negotiating State
3.When the consent of a State to be bound by a treaty is established on a date after the
treaty has come into force, the treaty enters into force for that State on that date,
unless the treaty otherwise provides.
4.The provisions of a treaty regulating the authentication of its text, the establishment
of the consent of States to be bound by the treaty, the manner or date of its entry into
force, reservations, the functions of the depositary and other matters arising
necessarily before the entry into force of the treaty ap ply from the time of the
adoption of its text.
 ARTICLE 25 OF THE CONVENTION PRESCRIBES THE
CONDITIONS FOR THE PROVISIONAL APPLICATION
OF TREATIES.

1.A treaty or a part of a treaty is applied provisionally pending its entry

into force if: (a) the treaty itself so provides; or (b) the negotiating
States have in some other manner so agreed.

2.Unless the treaty otherwise provides or the negotiating States have

otherwise agreed, the provisional application of a treaty or a part of a
treaty with respect to a State shall be terminated if that State notifies
the other States between which the treaty is being applied
provisionally of its intention not to become a party to the treaty.
ARTICLE 25 OF THE CONVENTION PRESCRIBES THE
CONDITIONS FOR THE PROVISIONAL APPLICATION
OF TREATIES.

As a rule, a treaty is binding only on the contracting

parties, including not only the original signatories but
also other states which, although they may not have
participated in the negotiation of the agreement, have
been allowed by its terms to sign it later by a process
known as accession. Non-parties are usually not bound
under the maxim pacta tertiis nec nocent nec prosunt.
ARTICLE 25 OF THE CONVENTION PRESCRIBES THE
CONDITIONS FOR THE PROVISIONAL APPLICATION
OF TREATIES.

Under Article 29 of the Vienna Convention on the Law of

Treaties, unless a different intention appears from the
treaty or is otherwise established, a treaty is binding
upon each party in respect of its entire territory.
TREATY AND
EXECUTIVE
AGREEMENTS

A treaty, as defined by the Vienna Convention on

the Law of Treaties, is "an international
instrument concluded between States in 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."


An executive agreement is not a treaty insofar as

the concurrence thereto of the Senate is not
required under our Constitution. However, the
distinction is purely municipal and has no
international significance. From the viewpoint of
international law, "treaties and executive
agreements are alike in that both constitute equally
binding obligations upon the nation."


Under international law, there is no difference

between treaties and executive agreements in
terms of their binding effects on the contracting
states concerned, as long as the negotiating
functionaries have remained within their powers.


As has been observed by US constitutional

scholars, a treaty has greater "dignity" than an
executive agreement, because its constitutional
efficacy is beyond doubt, a treaty having behind it
the authority of the President, the Senate, and the
people; a ratified treaty, unlike an executive
agreement, takes precedence over any prior
statutory enactment."
A treaty xxx covers conventions, declaration, covenants, acts,
pacts.

An executive agreement is not a treaty insofar as the Senate's

concurrence thereto may not be required under our
Constitution. The terms "exchange of notes" and "executive
agreements" have been used interchangeably, exchange of
notes being considered a form of executive agreement that
becomes binding through executive action. On the other
hand, executive agreements concluded by the President
"sometimes take the form of exchange of notes and at other
times that of more formal documents denominated
'agreements' or 'protocols’”
TREATY-MAKING
PROCESS

 The usual steps in the treaty-making process are:

·Negotiation;
·Signature; and
·ratification, and exchange of the instruments of ratification.

The treaty may then be submitted for registration and

publication under the U.N. Charter, although this step is
not essential to the validity of the agreement as between
the parties.
 Negotiation
may be undertaken directly by the head of state but he now
usually assigns this task to his authorized representatives. These
representatives are provided with credentials known as full
powers, which they exhibit to the other negotiators at the start of
the formal discussions. It is standard practice for one of the parties
to submit a draft of the proposed treaty which, together with the
counterproposals, becomes the basis of the subsequent
negotiations. The negotiations may be brief or protracted,
depending on the issues involved, and may even "collapse" in case
the parties are unable to come to an agreement on the points
under consideration.
 Signature
this step is primarily intended as a means of
authenticating the instrument and for the purpose of
symbolizing the good faith of the parties; but significantly,
it does not indicate the final consent of the state in cases
where ratification of the treaty is required. The document
is ordinarily signed in accordance with the alternate, that
is, each of the several negotiators is allowed to sign first
on the copy which he will bring home to his own state.
 Ratification
which is the next step, is the formal act by which a state
confirms and accepts the provisions of a treaty concluded
by its representatives. The purpose of ratification is to
enable the contracting states to examine the treaty more
closely and to give them an opportunity to refuse to be
bound by it should they find it inimical to their interests. It
is for this reason that most treaties are made subject to
the scrutiny and consent of a department of the
government other than that which negotiated them.
WHEN NON-SIGNATORIES MAY BE BOUND BY
TREATY

Under Article 29 of the Vienna Convention on the

Law of Treaties, unless a different intention
appears from the treaty or is otherwise
established, a treaty is binding upon each party in
respect of its entire territory.
WHEN NON-SIGNATORIES MAY BE BOUND BY TREATY

It further provides in its article 34 that a treaty does not create

either obligations or rights for a third State without its consent.
There are instances, however, when third states may be validly
held to the observance of or benefit from the provisions of a
treaty.
Firstly, the treaty may be merely a formal expression of
customary international law which, as such, is enforceable on
all civilized states because of their membership in the family of
nations. An example would be the Hague Conventions of 1899
and 1907.
WHEN NON-SIGNATORIES MAY BE BOUND BY TREATY

Secondly, it is provided under Article 2 of the U.N. Charter that

the Organization "shall ensure that non-member States act in
accordance with the principles of the Charter so far as may be
necessary for the maintenance of international peace and
security," and under Article 103 that the obligations of
member-states shall prevail in case of conflict with "any other
international agreement," including those concluded with non-
members.
WHEN NON-SIGNATORIES MAY BE BOUND BY TREATY

Thirdly, the treaty itself may expressly extend its

benefits to non-signatory states, such as the Hay-
Pauncefote Treaty of 1901, which, although concluded
only by the United States and Great Britain, opened
the Panama Canal "to the vessels of commerce and of
war of all nations observing these Rules, on terms of
entire equality."
 TREATY
INTERPRETATION

Article 31. General rule of interpretation.

1.A treaty shall be interpreted in good faith in accordance with the
ordinary meaning to be given to the terms of the treaty in their
context and in the light of its object and purpose.

2.The context for the purpose of the interpretation of a treaty shall

comprise, in addition to the text, including its preamble and annexes:
a.any agreement relating to the treaty which was made between all
the par ties in connection with the conclusion of the treaty;
b.any instrument which was made by one or more parties in
connection with the conclusion of the treaty and accepted by the
other parties as an instrument related to the treaty.
3.There shall be taken into account, together with the context:
a.any subsequent agreement between the parties regarding the
interpretation of the treaty or the application of its provisions;
b.any subsequent practice in the application of the treaty which
establishes the agreement of the parties regarding its interpretation;
c.any relevant rules of international law applicable in the relations
between the parties.

4.A special meaning shall be given is established that the parties so

intended.
Article 31. General rule of interpretation.

1.A treaty shall be interpreted in good faith in accordance with the

ordinary meaning to be given to the terms of the treaty in their
context and in the light of its object and purpose.

2.The context for the purpose of the interpretation of a treaty shall

comprise, in addition to the text, including its preamble and annexes:
a.any agreement relating to the treaty which was made between all
the par ties in connection with the conclusion of the treaty;
b.any instrument which was made by one or more parties in
connection with the conclusion of the treaty and accepted by the
other parties as an instrument related to the treaty.
3. There shall be taken into account, together with the context:
a.any subsequent agreement between the parties regarding the
interpretation of the treaty or the application of its provisions;
b.any subsequent practice in the application of the treaty which
establishes the agreement of the parties regarding its interpretation;
c.any relevant rules of international law applicable in the relations
between the parties.

4. A special meaning shall be given is established that the parties so

intended.
Article 32. Supplementary means of interpretation.

Recourse may be had to supplementary means of interpretation,

including the preparatory work of the treaty and the circumstances of
its conclusion, in order to confirm the meaning resulting from the
application of article 31, or to determine the meaning when the
interpretation according to article 31:
a.leaves the meaning ambiguous or obscure; or

b.leads to a result which is manifestly absurd or unreasonable.

Article 33. Interpretation of treaties authenticated in two or
more languages.

1.When a treaty has been authenticated in two or more languages,

the text is equally authoritative in each language, unless the treaty
provides or the parties agree that, in case of divergence, a particular
text shall prevail.

2.A version of the treaty in a language other than one of those in

which the text was authenticated shall be considered an authentic
text only if the treaty so provides or the parties so agree.
Article 33. Interpretation of treaties authenticated in two or
more languages.

3.The terms of the treaty are presumed to have the same meaning in
each authentic text.

4.Except where a particular text prevails in accordance with paragraph

1, when a comparison of the authentic texts discloses a difference of
meaning which the application of articles 31 and 32 does not remove,
the meaning which best reconciles the texts, having regard to the
object and purpose of the treaty, shall be adopted.
Needless to say, conflicts in treaty interpretation may be
resolved only by agreement of the parties themselves or by
an international body and not unilaterally by the national
courts of the contracting parties. Decisions of such courts are
received with respect but not as authority.
AMENDMENT AND
MODIFICATION OF
TREATIES
Article 39
General rule regarding the amendment of treaties A treaty
may be amended by agreement between the parties. The
rules laid down in Part II apply to such an agreement except
in so far as the treaty may otherwise provide.
Article 40
1.Unless the treaty otherwise provides, the amendment of
multilateral treaties shall be governed by the following
paragraphs.
2.Any proposal to amend a multilateral treaty as between all the
parties must be notified to all the contracting States, each one of
which shall have the right to take part in:
a.the decision as to the action to be taken in regard to such
proposal;
b.the negotiation and conclusion of any agreement for the
amendment of the treaty.
3.Every State entitled to become a party to the treaty shall also be
entitled to become a party to the treaty as amended.
Article 40
1.The amending agreement does not bind any State already a party
to the treaty which does not become a party to the amending
agreement; article 30, paragraph 4 (b), applies in relation to such
State.
2.Any State which becomes a party to the treaty after the entry
into force of the amending agreement shall, failing an expression
of a different intention by that State:
a.be considered as a party to the treaty as amended; and
b.be considered as a party to the unamended treaty in relation to
any party to the treaty not bound by the amending agreement.
Article 40
1.The amending agreement does not bind any State already a party
to the treaty which does not become a party to the amending
agreement; article 30, paragraph 4 (b), applies in relation to such
State.
2.Any State which becomes a party to the treaty after the entry
into force of the amending agreement shall, failing an expression
of a different intention by that State:
a.be considered as a party to the treaty as amended; and
b.be considered as a party to the unamended treaty in relation to
any party to the treaty not bound by the amending agreement.
TERMINATION OF
TREATIES

According to Laurence R. Helfer –

An old adage says that no one likes to talk about divorce before a
wedding. Yet that is, in effect, precisely what States do when they
negotiate new treaties. Buried in the back of most international
agreements are provisions that describe procedures for the treaty
parties to end their relationship.
In addition, no fewer than thirteen articles of the 1969 Vienna
Convention on the Law of Treaties (VCLT) contain termination,
denunciation, or withdrawal rules that apply when States do not
negotiate treaty-specific rules on these topics. These 'exit'
provisions share a distinctive attribute: they authorize one treaty
member acting unilaterally or all treaty parties acting collectively
to end their obligations under an international agreement. The act
of exiting pursuant to these provisions is thus distinguishable from
a termination or withdrawal in response to breach by another
treaty party."
A treaty may be terminated in any of the following ways:
1.By expiration of the term, which may be fixed or subject to a
resolutory condition.
2.By accomplishment of the purpose.
3.By impossibility of performance.
4.By loss of the subject-matter.
5.By desistance of the parties, through express mutual consent;
desuetude, or the exercise of the right of denunciation (or
withdrawal), when allowed.
6.By novation.
7.By extinction of one of the parties if the treaty is bipartite.
8.By vital change of circumstances under the doctrine of rebus sic
stantibus.
9.By outbreak of war between the parties in most cases, save
specifically when the treaty was intended to regulate the conduct
of the signatories during the hostilities, or to cede territory, or to
fix boundaries. As held in Techt v. Hudges, provisions of a treaty
compatible with a state of hostilities, unless expressly terminated,
will be enforced, and those incompatible rejected.
10.By voidance of the treaty because of defects in its conclusion,
violation of its provisions by one of the parties, or incompatibility
with international law or the U.N. Charter.
1969 VCLT - Article 70. Consequences of the termination of a treaty.
1. Unless the treaty otherwise provides or the parties otherwise
agree, the termination of a treaty under its provisions or in
accordance with the present Convention: (a) releases the parties
from any obligation further to perform the treaty; (b) does not affect
any right, obligation or legal situation of the parties created through
the execution of the treaty prior to its termination.
1969 VCLT - Article 70. Consequences of the termination of a treaty.
2. If a State denounces or withdraws from a multilateral treaty,
paragraph 1 applies in the relations between that State and each of
the other parties to the treaty from the date when such
denunciation or withdrawal takes effect.
EXECUTIVE ORDER
459
 Guidelines for the conduct of foreign affairs.
Department of Foreign Affairs as lead agency for foreign
relations.
Defined:
1. International Agreements
2. Treaties
3. Executive Agreements
4. Full Powers
5. National Interest
6. Provisional Effect
MEMORANDUM CIRCULAR NO. 89 OF
THE OFFICE OF THE PRESIDENT
The circular provides the procedure to be undertaken for
international agreements.
In order to know if an international agreement is a treaty
(Which requires concurrence from the Senate) or an executive
agreement (Which does not require concurrence) the
Department of Foreign Affairs and the Senate shall consult with
one another in order to determine its status.
EXTRADITION TREATY
 States and governments the Philippines has extradition treaties with are:
Australia
Canada
China, Hong Kong (Special Administrative Region)
India
Indonesia
Korea
Micronesia
Russia
Spain
Switzerland
1. Thailand
2. UK
3. US
 States and governments the Philippines has extradition treaties with are:
Australia
Canada
China, Hong Kong (Special Administrative Region)
India
Indonesia
Korea
Micronesia
Russia
Spain
Switzerland
1. Thailand
2. UK
3. US
Dual Criminality / Double Criminality Approach

No person may be extradited unless they violate laws both from the
country they are in and the requesting country.
For the Philippines - Only for cases which require coercive action.
GENERALLY ACCEPTED PRINCIPLES
OF INTERNATIONAL LAW

General Principle of law are propositions of law that are so fundamental that
they are found in almost all legal systems. These are the rules derived mainly
from natural law, observed and recognized by civilized nations.
EXAMPLES
RES JUDICATA
The principle that a cause of action may not be relitigated once it has
been judged on the merits.

Like judgments from local courts, international arbitral awards are

considered to be final and binding. Generally, arbitral tribunals have
to decide on the res judicata effect of a prior court decision.

Advisory Opinion on the Effect of Awards of Compensation

Made by United Nations Administrative Tribunal [(1954) ICJ Rep
47] - the International Court of Justice acknowledged the principle of
res judicata.
PRESCRIPTION
PACTA SUND SERVANDA
International agreements must be performed in good
faith. A treaty engagement is not a mere moral
obligation but creates a legally binding obligation on the
parties.

See Augustin vs. Edu, where the doctrine of pacta sunt

servanda was applied by the court relative to the validity of
the administrative rule requiring the use of early warning
devices, as part of the Vienna Convention on Road Signs
and Signals.
ESTOPPEL
See Temple of Preah Vihear (Cambodia v. Thailand)
[1962 ICJ Rep 6)] , where the ICJ used the principle of
estoppel in finding Thailand to have recognized
Cambodia’s sovereignty over disputed territory
INTERNATIONAL CUSTOMARY LAW

General practice accepted as binding law through

persistent usage over a long period of time.

Customs: Constant and uniform usage, accepted as law

It is necessary that the custom be:
1.Prevailing practice by a number of states
2.Repeated over a considerable period of time
3.Attended by opinio juris or a sense of obligation
 ELEMENTS
The two main elements of custom which must concur
are:

1.State Practice
2. Opinio Juris
 STATE PRACTICE

Consists not only of what States

say or do but also of what they
fail to say or do.
 SUB-ELEMENTS
a.Consistent and Uniform. Although uniformity is required, absolute
uniformity by all States is not.

b.Generally accepted by the States. Given that a custom can be either general
or regional, the practice under consideration must be widespread among the
States that are particularly involved in the relevant activity.

c.Of A Certain Duration. Although the length of time required for a practice to
crystallize into State practice varies from situation to situation, the ICJ in the
North Sea Continental Shelf Case (1969) stated that the time period must be
long enough to show that other requirements are satisfied.
 SUB-ELEMENTS
a.Consistent and Uniform. Although uniformity is
required, absolute uniformity by all States is not.

b.Generally accepted by the States. Given that a custom

can be either general or regional, the practice under
consideration must be widespread among the States
that are particularly involved in the relevant activity.
 OPINIO JURIS

Constitutes a State’s belief that it is

acting due to a legal obligation. The
fact that a State is acting in
accordance with opinio juris is never
presumed and must always be
proven.
 MARTENS CLAUSE
The Martens Clause
has formed a part of
the laws of armed conflict since its first
appearance in the preamble to the 1899
Hague Convention (II) with respect to the
laws and customs of war on land.
 MARTENS CLAUSE

Frequently cited as one of the quintessential demonstrations of

the humanitarian character of the law of armed conflict
(international humanitarian law), the Martens Clause stipulates
that in cases not covered by international humanitarian law
conventions, neither combatants nor civilians find themselves
completely deprived of protection. Instead, in such cases, the
conduct of belligerents remains regulated by the principles of the
law of nations as they result from the usages of international law,
from the laws of humanity, and from the dictates of public
conscience.
 MARTENS CLAUSE
At its most restricted, the Clause serves as a reminder that customary
international law continues to apply
after the adoption of a treaty norm . A
wider interpretation is that, as few international treaties relating to the
laws of armed conflict are ever complete, the Clause provides that
something which is not explicitly prohibited by a treaty is not ipso facto
permitted. The widest interpretation is that conduct in armed conflicts is
not only judged according to treaties and custom but also to the principles
of international law referred to by the Clause.
The Martens Clause is important because, through its reference to
customary law, it stresses the importance of customary norms in the
regulation of armed conflicts.
 SECONDARY SOURCES
Judicial Decisions and Writings of Highly Qualified Publicist

Judicial Decisions, generally of international tribunals, the most

authoritative being the International Court of Justice. They are not
really sources, but “subsidiary means” for finding what the law is,
and whether a norm has been accepted as a rule of international
law. The decision of a national court may be used depending
upon the prestige and perceived impartiality of the domestic
court, not being in conflict with the decisions of international
tribunals, and its admissibility in the forum where it is cited.
 SECONDARY SOURCES
Writings of Publicists

Which must be fair and unbiased representation of international

law by acknowledged authorities in the field.
Publicists are a particular class of learned scholars whose writings
are regarded as being persuasive sources of international law.
Although they are merely considered as subsidiary sources of
international law, they play a primary role in helping practitioners
and non-practitioners alike in better understanding various
concepts of international law. Examples of these publicists are
Grotius, Vattel, Oppenheim, Rousseau, and Lauterpacht.
OTHER SUPPLEMENTARY EVIDENCE – UN RESOLUTIONS,
SOFT LAW
UN RESOLUTIONS: Resolutions are formal expressions of the
opinion or will of UN organs.

Even though they are not legally binding on member states,

General Assembly resolutions can be strong evidence of the views
of U.N. member states relating to subjects within the competence
of the General Assembly, which in fact are wide ranging and include
economic as well as human rights issues.
OTHER SUPPLEMENTARY EVIDENCE – UN RESOLUTIONS,
SOFT LAW
SOFT LAW
Soft laws are mere guidelines for conduct. With regard to the
Philippines, these are not considered as binding.

See: Pharmaceutical and Health Care Association of the Philippines

vs. Health Secretary Francisco T. Duque [G.R. No. 173034], where
the Supreme Court ruled that although soft laws can influence the
behavior of States, they are still considered as non-binding norms,
principles, and practices
An Introduction on Public International Law
Introduction
A. Definition of Public International law
• Public International Law as distinguished from Private International
Law
• Public International Law as distinguished from Transnational Law
B. Functions of International Law
C. Fathers of International Law (PIL) and Transnational Law (TL)
• Jeremy Bentham and Hugo Grotius (PIL)
• Philip Jessup (TL)
D. Theories of International Law (John Austin and Oppenheim)
• Natural Law School of Thought
• Positivist School of Thought
• Eclectic School of Thought
Definition of
Public The expanding scope of international law has modified its traditional concept as a
“body of rules and principles of action which are binding upon civilized states in
International their relations with one another.” Although this definition is still widely accepted,
it is now admitted that there are other entities besides states that are also
Law governed in varying degree by the law of the nations. A notable example is the
United Nations. Another is the individual himself, who has never been suggested
as the real and only subject of international law, on the ground that “all law is a
regulation of human conduct.” Thus, in view of these, many writers now agree
with Schwarzenberger that –

International law is a body of legal rules which apply between

sovereign states and such other entities as have been granted international
personality.

As understood, the phrase “international law” is obviously a misnomer (a wrong

or inaccurate name or designation) in so far as it suggests that it relates to the
intercourse of nations rather than of states. Nevertheless, the nomenclature has
achieved practically universal acceptance since it was first employed by Jeremy
Bentham. Now, International Law used interchangeably with another familiar
term, “the law of the nations.”

Note: Nation and State are not the same. State is political concept while Nation is an ethnic concept.
Public International Law vs
Private International Law
Most present-day legal analysis regards Private International Law or Conflict of
Laws, as pertaining to the municipal or private law of each state rather than as
part of International Law. While it has been suggested that International Law
covers both Public and Private Law, the consensus is that only those precepts
applicable to relations of international persons between themselves fall within
the field of international law.

The monist do not share this opinion because they believe in the oneness or
unity of law. To dualists, who believe in the dichotomy of the law, there are
certain well-established differences between international law and municipal
law.

However, it is possible for a principle of municipal law to become part of

international law, as when the principle is embodied in a treaty or convention,
like the Hague Conventions of 1899 and 1907 relating to personal status and the
Geneva Convention of 1930 on bills.
 Philip Jessup defined transnational law as “all law which
regulates actions or events that transcend national
frontiers,” which includes public international law,
private international law, and “other rules which do not
wholly fit into such standard categories.” Much recent
Public scholarship on transnational law has focused on that
residual category of “other rules” and their “private”
character.
International
Law vs Law for Jessup is composed of all rules and practices
which regulate actions and events. When those actions
and events transcend in any aspect a national frontier,
Transnational then the “law” which regulates, whatever its formal
origin and whoever the lawmaker may be, is
“transnational.” Thus, transnational law includes both
Law public and private law as well as national laws which
control transnational events. Jessup includes the rules
and processes of public and private agencies dealing with
transnational facts; for example, the United Nations,
European Payments Union, North Atlantic Treaty
Organization and among others.
 The primary function of international law is to establish peace
and order in the community of nations and to prevent the
employment of force, including war, in all international
relations. But as it seeks not an uneasy truce by a lasting

Functions of accord based on a genuine spirit of international harmony, it

strives as well to promote world friendship by leveling the
barriers, as of color or creed, that have so far obstructed the
International fostering of a closer understanding in the family of nations. For
its third purpose, international law endeavors to encourage

Law and ensure greater international cooperation in the solution of

certain common problems of a political, economic, cultural or
humanitarian character. Finally, international law also aims to
provide for the orderly management of the relations of states
on the basis of the substantive rules they have agreed to
observe as members of the international community.
Father of
International Law
Jeremy Bentham – born on 15 February
1748 and died on 6 June 1832. Bentham
was an English philosopher, jurist,
and social reformer regarded as the
founder of modern utilitarianism.
According to Bentham’s classic definition,
international law is a collection of rules
governing relations between states.
Bentham fathered the term international
law.
Father of
International Law
Hugo Grotius – born on 10 April 1583 and
died on 28 August 1645. Grotuis was a Dutch
humanist, diplomat, lawyer, theologian,
jurist, poet and playwright. Grotius was one
of the first to define expressly the idea of
one society of states, governed not by force
or warfare but by actual laws and mutual
agreement to enforce those laws. Grotius is
considered to be the founding father of
modern international law. Thanks to his
work on the law of war and peace.
Father of
Transnational Law
Philip Jessup – born on February 5 1897 and
died on January 1, 1986. American diplomat,
scholar, and jurist notable for his
accomplishments in the field of international
law. Law for Jessup is composed of all rules and
practices which regulate actions and events.
When those actions and events transcend in
any aspect a national frontier, then the “law”
which regulates, whatever its formal origin and
whoever the lawmaker may be, is
“transnational.” Thus, transnational law
includes both public and private law as well as
national laws which control transnational
events.
Theories of International Law
Natural Law School of Thought – According to Samuel
Pufendorf, the basis of international law is the law of
nature. This described as a “higher law” or “a rule of
human conduct independent of positive enactment and
even of special divine revelation, and binding always and
everywhere in view of its intrinsic reasonableness.”
Under this theory, there is a “natural and universal
principle of right and wrong, independent of any mutual
intercourse or compact,” which is supposed to be
discovered and recognized by every individual through
the use of his reason and his conscience. The
consequence is that, since individuals compose the state,
whose will is but the result of the collective will of its
inhabitants, the state itself also becomes bound by the
law of nature. International law as thus viewed is
therefore not law between and above states.
Theories of International Law

The Positivist School of Thought – Opposed to Natural Law

Theory is the Positivist Theory. This is advocated by Richard
Zouch, who contend that the binding force of international law
is derived from the agreement of sovereign states to be bound
by it. It is not a law of subordination but coordination. Under
this school of thought, a more “positive” identification with or
acknowledgment of the law is necessary to make it binding on
the states it purports to govern, so that any state withholding its
consent can disclaim any responsibility of observance. Such
consent, it is asserted, is expressed in the case of conventional
law, implied in the case of customary law, and presumed in the
case of the general principles of law.
Theories of International Law
Eclectic School of Thought – The compromise position is
taken by the Eclectics or the Groitans , the most famous
of whom were Emerich de Vattel and Christian Wolff, who
offer both the law of nature and the consent of states as
the basis of international law. This theory adheres more
closely to the ideas of Grotuis, “the father of international
law,” to the effect that the system of international law is
based on the “the dictates of right reason” as well as “the
practice of states.” Briefly it asserted that “in so far as it
conformed to the dictates of reason, the voluntary law
might be said to blend with natural law and be indeed the
expression of it. Should there be a conflict between the
two, the law of nature was to prevail as being the
fundamental law, the authority of which could not be
contravened by the practice of states.
- End -
GENERAL
CONCEPTS
| LAYOS, RANDOLF REY P. |
 GENERAL CONCEPTS
Obligations erma omnes Obligations erma omnes specifically determined obligations that
states have towards the international community as a whole.
Also known as the peremptory norm, is a fundamental and overriding
Jus cogens principle of international law. It is a latin phrase that translates to
“Compelling law”.
Latin for "according to the right and good," the term refers to a
Aequo et bono tribunal's consideration of a dispute according to what is fair and just
given the particular circumstances, rather than strictly according to
the rule of law
Doctrine of Incorporation The doctrine that rules of international law automatically form part of
municipal law.

Res judicata The principle that a cause of action may not be relitigated once it has
been judged on the merits

Clause in international conventions (international agreements or

Rebus sic stantibus treaties) that provides for the unenforceability of a treaty due to
fundamentally changed circumstances.
 GENERAL CONCEPTS
Pacta sunt servanda Latin phrase, which may be roughly translated as “treaties shall be
complied with,”

Opinio juris sive Latin phrase opinio juris sive necessitatis, which means "an opinion of
necessitates law or necessity."

Doctrine of A method requires that an international law be transformed into a

Transformation domestic law through a constitutional mechanism such as local
legislation.

Doctrine of incorporation The doctrine that rules of international law automatically form part of
municipal law.

Stare decisis Simply means to “stand by things decided”

Latin word for “law of nations’ which in legal theory, that law which
Jus Gentium
natural reason establishes for all men,
 GENERAL CONCEPTS
Jus inter gentes Roman law concept which literally means ‘law between the peoples’

Refers to international obligations arising from established

Customary international practices, as opposed to obligations arising from formal
International Law written conventions and treaties

Describe two different theories of the relationship between

Monism and Dualism
international law and national law.

Consists of rules and principles governing the relations and dealings

International Law of nations with each other, as well as the relations between states and
individuals, and relations between international organizations.

Law specific to a particular city or county (known legally as a

Municipal Law "municipality"), and the government bodies within those cities or
counties
Relationship with
Municipal Law
(Monism and
Dualism)
Relationship with The three (3) governing principles
of International law relating to the
Municipal Law Municipal application of treaties:
• Article 27 of the Vienna
Convention on the Law of
Treaties
• Article 8 of the Universal
Declaration of Human Rights and
Fundamental Freedoms
• Article 13 of the Declaration of
Rights and Duties of States
Relationship with The two (2) principal theories of
the relationship between
Municipal Law International law and Municipal
law are:
• Monism - International law and
state’s Municipal law are two
components but complementary
aspects of one single system.
• Dualism - International law and
state’s Municipal law are entirely
distinct and different legal
systems on their own.
 Monistic Theory
Relationship with • Advocates of natural law believe that
Municipal and International law form a
Municipal Law single legal system
• International treaty or obligation can
immediately incorporate international
principles into state’s Municipal law
• A municipal court can declare a law as
unconstitutional if it contradicts
International principles.
• Internationallaw gets automatically
accepted and the contradicting part
automatically gets translated away the
moment the State ratifies the treaty.
*Aligned with Kelsen’s Grundnorm
theory
 Dualist Theory
Relationship with • According to dualists, in absence of this
adoption by the State the International
Municipal Law law will not exist as a law
• In a dualist State, it is of utmost
importance that International law has
to be drafted in its Municipal law in
order to give it an effect.
• Ifa dualist State ratifies a treaty or a
convention but does not create a law
explicitly incorporating the treaty, then
their act of non incorporation violates
the International law.
 Difference Monism theory and Dualist theory
Monistic Theory
• Municipal law and International Law forms a single legal
system.
• Monism is supported by the advocates of natural law.
• There exists no need for translation of International into
Municipal law in order to give it an effect.
• Ifbecomes
a national law contradicts International Law then it
null and void.
• Monist state ratifies a treaty or a convention and does not
create a law explicitly incorporating the treaty then their
act of non incorporation will not violate the International
Law.
• International Law automatically gets embedded in the
Municipal law and the contradicting part gets
• International law does not get automatically embedded
in the Municipal law. Contradicting parts of the
automatically translated away.
• Supporters of Monism: Kelson. State which follows
Monistic approach: Germany.
Dualist Theory
• Municipal law and International Law are two different
and distinct legal systems
• Supported by the advocates of positive law.
• Need for translation of International into Municipal law
in order to give it an effect.
• Ifdoesn’t
a national law contradicts International law, then it
become null and void, unless it is already
translated in its municipal law
• State ratifies a treaty or a convention but does not create
a law explicitly incorporating the treaty, then their act of
non incorporation violates the International law.
Municipal law has to be amended by the state, as it does
not get automatically translated away. In the absence of
translation of International law into Municipal law the
International law will not exist as a law
• Supporters of Dualist: Hersch lauterpatch, triepel
Dualistic approach: United Kingdom and the Philppines
Conflict between
International Law
& Municipal Law
On the domestic sphere, with a local court deciding:

• If the conflict is with the Constitution?

- Upholds the Constitution
* Sec 5(2)(a), Article VIII of the Constitution
* Secretary of Justice vs. Lantion, G.R. No. 139456

• If the conflict is with the Statute?

- Given with equal standing
- Apples the principle of lex posterior derogat priori
* Ichong vs. Hernandez, 101 Phil. 115
On the international sphere, with an international
tribunal deciding
• Superiority
- Upholds the International Law
* Polish Nationals in Danzig Case 1932 [225 CTS 188]
* UN Headquarters Case 1988 [ICJ reports 1988 p.12]

• Application of Vienna Convention on Law of

Treaties
- May not invoke the provision of internal law as an
excuse for non-compliance with n obligation
* Free Zones of Upper Savoy Case 1932
* La Grand Case 2001 ICJ Rep 466I
THANK YOU!