Sources of International law
practice and opinion juris.
A. International conventions, general or particular,
establishing rules expressly recognized by the
contesting states;
B. International Customs, evidence of general practice
accepted as law
C. General principles of law recognized by civilized
nations
D. Judicial decisions and teaching of the most highly
qualified publicists of the various nations, as
subsidiary means for the determination of rules of law
(Art. 38, Statute of the international court of justice
(ICJ)
Treaties and international Conventions
- a treaty is a formal agreement, usually but not
necessarily in writing, entered into by states or entities
possessing treaty-making capacity for the purpose of
regulating their mutual relations under the law on
nations.
Other terms for a treaty include agreements,
conventions, covenants, protocols, pacts, etc.
General principles of law
General principles of law are legal principles which
recognized and common to the different legal systems
of nations. These has reference not only to principles
of international law but also to principles of municipal
law common to the different legal systems of nations.
Sometimes, most of these principles of law have
either become part of customary international law,
have been incorporated as part of treaties or become
jus cogens norms.
Enduring examples of general principles of law,
typically followed in most jurisdictions are the
principles of good faith, estoppel and equity.
International Customs
Customs or customary international law means
general and consistent practice of states followed by
them from sense of legal obligation. These are set of
unwritten rules that have developed overtime as a
result of repeated acts by states.
International customs are long and established way of
doing things by states under the conviction that it is
obligatory, or it is right and good.
Two elements of customary international law: state
Judicial decisions
Article 38 of the statute of the ICJ, directs the court
(ICJ) to apply judicial decisions as subsidiary means
for the determinations of the rules of law
The international court of justice
The international court of justice (ICJ) established by
the charter of the United nations as the principal
judicial organ of the United Nations.
The ICJ role is to settle, in accordance with
international law, legal disputes submitted by states
and to give advisory opinions on legal questions
referred to authorized United nations organs and
specialized agencies
The ICJ was established in June 1945 and it is currently
seated at the Peace palace, the Hague, Netherland.
Teachings of the most highly qualified publicists of
the various nations
Requisites for teaching to be considered as a source of
international law:
1. The publicist must be highly qualified or generally
acknowledged as an authority in particular field of
international law and
2. the publication or writing must be fair, accurate and
unbiased representation or interpretation
It should be emphasized that some of these
institutions or publicists of international law are
generally government-sponsored. Hence, they bear
within themselves a potential for national bias.
Subjects of international law
1. International organizations
2. Individuals
3. States
International organizations
International organizations are association of states,
established by agreement among its members states,
for the purpose of pursuing their common interests
and objectives by means of cooperation.
International organizations are organized either for
general purposes such as United Nations or specific
purpose such as the North Atlantic Treaty
Organization (NATO).
It is different from non-governmental organizations
(NGOs) which are set up and made of private persons
and organizations
The United Nations
The United Nations (UN) considered as the principal
international organization among the family of
nations. It came into being on Oct 24, 1945 with Fifty-
one (51) original members-states including the
Philippines as one of its founding member-states. Its
membership now includes One Hundred Ninety-Three
(193) members-states.
Its purposes and governing principles are specifically
embodied under Article 1 and 2 of the UN charter
4 Main Objectives
1. Maintenance of international peace and authority
2. development of friendly relations among nations
3. achieve international cooperation in solving
international problems
4. Be center for harmonizing the actions of nations
Requisites of International Organization
1. It must be composed of two or more member-
states.
2. must be created by virtue of a convention or a
treaty.
3. Organized for political ends
Individuals
Individuals are only considered as objects of
international law. described as beneficiaries of the
effects of international law.
States
States enjoy the fullest personality in international
law. The traditional statement of the characteristics
which make an entity a state is found in the
Montevideo Convention of 1933 on the rights and
duties of states.
‘’Article 1. The state as a person of
international law should possess the following
qualifications:
a. permanent population
b. defined territory
c. government
d. capacity to enter into relations with the other
states”
Elements of state a. Permanent population b. defined
territory c. government d. capacity to enter into
relations with other states
Permanent population- refer to the people or
inhabitants of the state. People means community of
person sufficient in number and capable of
maintaining the permanent existence of the
community and held together by common bond of law
Under international law there is no legal requirement
regarding the size of the population in order to qualify
as a state.
Defined territory- territory is a fixed portion on the
surface of the earth which the population or the
people of states resides and where the state exercise
sovereignty and jurisdiction.
There is also no legal requirement under international
law regarding the size of the territory of a state. The
size of territory does not matter as long as state is able
to comply with international obligations as well the
needs of the inhabitants
Government- the agency or instrumentality through
which the will of the state is formulated expressed and
realized. The government represents the state in its
international dealings. The rights of the state can be
asserted through the government. The state can be
held responsible for the actions of the government.
Capacity to enter into relations with other states

A states capacity to enter into relations with other

sates is an expression of state sovereignty and
independence as well as recognition by other states.

 Sovereignty refers the supreme and

uncontrollable power inherent in the state by
which such state s government. Two aspects 1.
Internal sovereignty and external sovereignty.
Internal sovereignty- refer to the power or ability
of the state to exercise authority and manage its
affairs within its own territory.
 Independence external manifestation of
sovereignty. Refer to power to state to administer
its affairs without direction, control or
interference from another state.

State sovereignty refer “Right to exercise in a definite

portion of the globe the functions of a state to the
exclusion of another state. Sovereignty in the relation
between states signifies independence. Independence
in regard to a portion of the globe is the right to
exercise therein to the exclusion of any other state,
the functions of a state”

Recognition is the act by which state acknowledges

the existence of another state or government,
indicates its willingness to deal with it such under
rules of international law.
Recognition may be express, done through formal
proclamation of recognition or it may be implied such
as entering into a treaty with another state
recognizing its rights under international law.

TWO THEORIES OF RECONIGTION OF STATES, the

declaratory theory and constitutive theory
 Declaratory theory- recognition is nothing more
than expressing the willingness of one
state to enter into relations with that other state,
accepting the existence of the conditions of
its statehood. This means that recognition is not
necessary for statehood, as long as all
qualifications for statehood are present.
 Constitutive theory- an entity only becomes a
state by virtue of its recognition by another state.
Without recognition, a state cannot be considered
as such.