INTERNATIONAL LAW

- Is International law true law?

Definition:
International law → is that branch of law that governs relationships between countries and
other
multi-national actors like agencies and organizations, at the international
level.
Purpose – Nation-States Relationships
→ to maintain PEACEFUL and PRODUCTIVE relationships among each other.

International Law – relies on AGREEMENT or CONSENSUS from among its member States.

Today :
a. No World Constitution
b. No World Legislature
↕↔ from which a binding world law could be enacted.

Sources of International law (Art. 38 – Statute of International Court of Justice)

1. International conventions – expressly recognized by the contesting States
2. International custom – evidence of a general practice accepted as law.
3. General principles of law – recognized by civilized nations.
4. Judicial decisions and teachings of the most highly qualified publicists of various
nations (juristic writings) as subsidiary means for the determination of the rule of law.

However, when we talk about law – it is a rule of conduct with a community considers as
BINDING – upon its members.

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Now, some argue that International Law is not a true law.
3 Reasons:
1. No binding law that applies to all countries.
2. No World Congress legislating laws for mankind.
3. No World executive to enforce international law in case of violation.
4. A law is not true if the parties are free to disregard it and if it cannot be enforced.

United Nations (UN)

→ does not LEGISLATE.
→ it only articulates International norms (e.g. Universal Declaration of Human Rights)
→ it only encourages member countries to enter into conventions (treaty) that binds the
signatory countries.
In other words:
● International law – consists of International treaties that is voluntarily entered into by
nations and customary International norms.
For example:
Art. 42 – UN charter states that the Security Council UN may mobilize armed forces only in
cases:
a. Threats to Peace
b. Breach of Peace – (act of failing to observe the law; act of breaking the
observance of the law).
c. Acts of Aggression

Art. 2 – UN Charter – Non-Interference Clause of the UN

→ right not to be intervened in its domestic affairs.

♥ International Law is a TRUE law.

1. Applicability to all countries is not a requirement for a rule to be considered as law.
2. A world congress and executive are not essential components in the definition of law.
3. International customary norms and treaties do have binding effects.

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 -A country that flagrantly violates its international obligations risks
retaliatory action from the community of nations around the world.

Basis of Enforcement:
- Obedience of International Law → based on the PRINCIPLE of RECIPROCITY among
member States.
- Law abiding Country
NO SOVEREIGN country can be forced to obey International Law without its CONSENT or
WILLINGNESS to do so.

- Diplomatic
- Economic ↕ SANCTIONS in order to enforce International Law.
- Military

International decisions –

UN Charter – founding document of International Law.

June 26, 1945
October 24, 1945 – full force of law (implementations)
51 Countries – founding members (Phils. is represented by Carlos P. Romulo)
2015 – UN had 193 members.

PURPOSE:
- Maintain International peace and security
- Develop friendly relations among nations based on RESPECT for the principle of
EQUAL RIGHTS and Self-determination of people.

MAIN PURPOSE:
- UN is an International governing body in 1945 to increase political and economic
cooperation among its members.
- Achieve International cooperation in solving International problems of ECONOMIC,
SOCIAL, CULTURAL or HUMANITARIAN CHARACTER.

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 - Promote and encourage RESPECT for Human Rights and for FUNDAMENTAL
FREEDOM FOR ALL – race, sex, language and religion.

Definition of Terms:
Ratification – an act of signing or giving formal consent to a treaty making it officially valid -
Making law in a country.
Treaty – is a legal agreement between two nations.
Charter – is a founding document for a government organization.
Convention – is a group of people meeting for common goal.

Principle of UN:
1. Sovereign Equality
2. Independent
3. Obligation in good faith.

Human Rights – is inherent to all human beings – regardless of who you are.
- Equal rights among men and women.

4 Principles of UN:
1. Peace and Security
2. Human Rights
3. Rule of Law
4. Development

3 Pillars of UN:
1. Sustainable Development
2. Human Rights and Humanitarian Issues
3. Peace and Security

Definition of a STATE
1. Sovereignty – over a Territory

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 2. Independent
3. Group of People

Montevideo Convention:
1. Territory
2. Permanent Population
3. Government – Jurisdiction
4. Capacity to conduct International Relations (Sovereignty).