Argument: International Law is not a true law because states are sovereign and

independent. Each cannot simply control or intervene to the independence of each other.

Sovereignty is the totality of the powers, legal competence and privileges of a state arising from
customary international law, and not dependent on the consent of another state.

Considerably, in International Law there is an absence of a central law-making authority and

jurisdictional defects weaken the expectation of compliance in comparison with the situation
specifically in the domestic plane.1 Moreover, laws issued by a political superior for observance
by those under its authority has specific structure and penalty compared to common rule,
international customs, conventions of general principles adopted from international law.

As states are sovereign from each other, international law cannot be considered a true law
especially when there is a constitutional violation which are manifested, this concerns a rule of
internal law of fundamental importance, here a sample treaty can be ignored domestically
provided the risk of international repercussions before an international court. Should a conflict
arise between an international agreement and the Constitution for example, the treaty would not
be valid and operative as domestic law. The Constitution, in Article VIII, Section 5(2)(a) explicitly
recognizes the power of the Supreme Court to declare a treaty unconstitutional hence, the
enforcement of sovereignty.2

International law does not emanate from a supreme law-making authority for the regulation of
those subject to its control but is on the contrary, voluntarily observed by the international
community which does not recognize any political superior among its members 3. Unlike laws
imposed in a domestic scale, there is no enforcement of methods and international law does not
provide “teeth” as it were, to ensure a more respectful regard for its principles.

1
Political Law Reviewer, Public International Law, Antonio E.B Nachura
2
Public International Law, 2009. Father S.J Bernas.
3
Public International Law, Basis of International Law by Justice Isagani Cruz