Garcia, Lyneth M.

August 30, 2022

Bachelor of Arts in Political Science-4

1. What are the political or philosophical ideas of Jeremy Bentham and Hugo Grotius on
International Law?
 Grotius elaborated a legal theory that still serves as the foundation of modern
international law. He argued that sovereign states were defined and bound by two
kinds of legal rules drawn from the law of nations: positive law and natural law.
Grotius' consensual theory of the law of nations helps explain why treaties, such
as the Peace of Westphalia that terminated the 30 Years War in 1648, are legally
binding: sovereign states have authority both to legislate rules internally for their
territory and to make rules externally for themselves through interstate agreement.
Grotius' legal theory also explains why sovereign states should not interfere in the
internal affairs of other sovereign states: a nation's sovereign authority must be
limited so that the sovereign authority of other states is protected. On the other
hand, Bentham's definition of international law focuses on the subjects of the
discipline; these Bentham said were states and states alone. The classic jus
gentium regards individuals, as well as states, as its subjects, possessing legal
rights and duties and accessing the legal process. For the sake of theory, Bentham
rejected individuals as proper subjects of international law.
2. What does Philip Jessup say about Transnational laws?
 "Transnational Law," the term employed to describe this approach, is defined by
the author as "all law which regulates actions and events that transcend national
frontiers." Transnational situations thus "may involve corporations, states,
organizations of states or other groups." The need for such an approach, as the
author sees it, arises from the inability of traditional international law to cope with
the complex and interdependent nature of modern international relations. "The use
of transnational law," the author states, "would supply a larger storehouse of rules
on which to draw, and it would be unnecessary to worry whether public or private
law applies in certain cases."

In the first chapter, the author by a series of "dramas" parallels human problems at
different levels of human society - family, corporate, interregional, and
international. By pointing out the common elements in these "dramas" he suggests
that since problems at the international level are after all human problems, there is
no reason why the legal solutions offered at the domestic level could not be
applied at the international level. The argument continues in Chapter II on the
question of jurisdiction. Here the position is taken that the transnational lawyer
would not start from the basis of national sovereignty and power but rather from
the premise that jurisdiction is "essentially a procedural matter that could be
amicably agreed to by all nations." Such an agreement, it is held, would not
 involve a radical departure from present practice since the standard distinctions
made between the areas of national and international and between criminal and
civil jurisdiction have become extremely obscure. It is only using legal fiction that
these distinctions have been maintained. In the third and final chapter, the author
makes the observation that even where it is within the power of national courts to
exercise jurisdiction, it may at its discretion decide not to do so; that is, power is
not necessarily the deciding factor. Since transnational law includes all aspects of
law-criminal and civil, international public and private law, and national public
and private law - the author sees no inherent reason why a national or
international court should not be allowed to choose those rules that "conform to
reason and justice" in the solution of particular controversies. The choice need not
be determined, the author concludes "by territoriality, personality, nationality,
jurisdiction, sovereignty or any other rubric save as these labels are reasonable
reflections of human experience with the absolute and relative convenience of law
and of the forum - lex conveniens and forum conveniens."
3. What is the position of the positivist and the natural law school of thought about
international law?
 Positivism is a philosophical movement that claims that science provides the only
knowledge precise enough to be worthwhile. The positive-law school of legal
thought would recognize the lawmaker’s command as legitimate; questions about
the law’s morality or immorality would not be important. In contrast, the natural-
law school of legal thought would refuse to recognize the legitimacy of laws that
did not conform to natural, universal, or divine law. If a lawmaker issued a
command that violated natural law, a citizen would be morally justified in
demonstrating civil disobedience. For example, in refusing to give up her seat to a
white person, Rosa Parks believed that she was refusing to obey an unjust law.

The natural-law school of thought emphasizes that law should be based on a

universal moral order. Natural law was “discovered” by humans through the use
of reason and by choosing between that which is good and that which is evil.
Legal positivists, on the other hand, would say that we cannot know with real
confidence what “natural” law or “universal” law is. In studying law, we can most
effectively learn by just looking at what the written law says, or by examining
how it has been applied. In response, natural-law thinkers would argue that if we
care about justice, every law and every legal system must be held accountable to
some higher standard, however hard that may be to define.
4. Read and Digest/summarize the case of Secretary of Justice vs. Lantion, G.R. No.
139465.

SECRETARY OF JUSTICE VS LANTION

GR139465, JAN 18, 2000

MELO, J.:
 FACTS:
The Department of Justice (DOJ) received from the Department of Foreign Affairs a
request for the extradition of Mark Jimenez (MJ) to the US. Documents for said
extradition (warrant of arrest, etc..) were attached along with the request. Charges against
MJ were as follows: conspiracy, attempt to evade tax, false statement or entry, and
election contributions in the name of another.

The DOJ then proceeded with the technical evaluation and assessment of the extradition
treaty. MJ then requested copies of all the documents included in the extradition request
however the Secretary of Justice denied the request on the following grounds:

1. Premature to secure him copies before the completion of the evaluation. The DOJ is
still evaluating whether the procedures and requirements under the relevant law (PD
1069—Philippine Extradition Law) and treaty (RP-US Extradition Treaty) have been
complied with by the Requesting Government.
2. The U.S. requested the prevention of unauthorized disclosure of the information in
the documents.

MJ filed in the RTC-Manila for petition of mandamus, certiorari, and prohibition

insisting on his constitutional right to due process (right to be furnished the request and
supporting papers, right to be heard which consists in having a reasonable period to
oppose the request, and to present evidence in support of the opposition). The RTC ruled
in favor of the MJ. The Secretary of Justice was made to issue a copy of the requested
papers, as well as conduct further proceedings.

Thus, this petition, argues that Honorable Lantion (Presiding Judge of RTC Manila) acted
without or more than jurisdiction or with grave abuse of discretion in making such orders.

ISSUE/s:
1. WON MJ is entitled to notice and hearing during the evaluation stage of the
proceedings.

2. Would MJ’s entitlement to notice and hearing during the evaluation stage of the
proceedings constitute a breach of the legal duties of the Philippine Government under
the RP-Extradition Treaty?

HELD:
1. Yes. The evaluation process made by the DOJ sets the wheels for the extradition process
which may ultimately result in the deprivation of the liberty of the prospective extradite.
A favorable action in an extradition request exposes a person to eventual extradition to a
foreign country, thus exhibiting the penal aspect of the process. The evaluation process
itself is like a preliminary investigation since both procedures may have the same result –
 the arrest and imprisonment of the respondent. There’s an impending threat to a
prospective extraditee’s liberty as early as during the evaluation stage. Thus, the
extraditee must be accorded due process rights of notice & hearing. The SC ruled that the
private respondent be furnished a copy of the extradition request and its supporting
papers and to give him a reasonable period within which to file his comment with
supporting evidence.
2. In this case, there exists a clear conflict between the obligation of the Philippine
Government to comply with the provisions of the treaty (granting due process to the
extradition case causes a delay in the extradition process) and its equally significant role
of protection of the citizens of its right of due process.

The doctrine of incorporation is applied whenever municipal tribunals are confronted

with situations in which there appears to be a conflict between a rule of international law
and the provisions of the constitution or statute of the local state. Efforts should be done
to harmonize them. In a situation, however, where the conflict is irreconcilable and a
choice has to be made between a rule of international law and municipal law,
jurisprudence dictates that municipal law should be upheld by the municipal courts. The
doctrine of incorporation decrees that rules of international law are given equal standing,
but are not superior to, national legislative enactments.

In this case, however, there is no conflict between international law and municipal law.
The United States and the Philippines share a mutual concern about the suppression and
punishment of crime in their respective jurisdictions. At the same time, both States
accord common due process protection to their respective citizens. Neither the Treaty nor
the Extradition Law precludes the rights of due process from a prospective extradite.

REFERENCES:
Brouder, A., Nowrot, K., & Tietje, C. (2006, February). Philip C. Jessup’s Transnational Law
Revisited – On the Occasion of the 50th Anniversary of its Publication. Retrieved from
https://www2.jura.uni-halle.de/INSTITUT/Heft50.pdf
Janis, M. (2015). International Encyclopedia of the Social & Behavioral Sciences (Second
Edition). Law of Nations. Retrieved from
https://www.sciencedirect.com/topics/social-sciences/law-of-nations
Lehman, D. (1957, December). TRANSNATIONAL LAW. Louisiana Law Review. Retrieved
from https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=2569&context=lalrev
Schools of Legal Thought. (n.d.). Retrieved from https://2012books.lardbucket.org/books/the-
legal-environment-and-business-law-master-of-accountancy-edition/s04-02-schools-of-legal-
thought.html