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Public International Law: by DO Rodolfo M. Elman Ateneo de Davao Law School
Public International Law: by DO Rodolfo M. Elman Ateneo de Davao Law School
By
DO Rodolfo M. Elman
Ateneo de Davao Law School
Syllabus in
Public International Law
1. Concepts
a. Obligations Erga Omnes
b. Jus Cogens
c. Aeguo Et Bono
2. International and National Law
3. Sources
4. Subjects
a. States b. International Organizations
c. Individuals
5. Diplomatic and Consular Law
6. Treaties
7. Nationality and Statelessness
7. Nationality and Statelessness
>Vienna Conv. on the Law of Treaties
8. State Responsibility
>Doctrine of State Responsibility
9. Jurisdiction of States
>Territoriality principle
>Nationality principle & statelessness
>Protective principle
> Universality principle
> Passive personality principle
>Conflicts of jurisdiction
10. Treatment of Aliens
a. Extradition
1. Fundamental Principles
2. Procedure
3. Distinguished from Deportation
11. International Human Rights Law
a. Universal Declaration of Human Rights
b. International Covenant on Civil and Political
Rights (ICCPR)
c. International Covenant on Economic, Social and Cultural Rights
(ICESCR)
12. International Humanitarian Law and Neutrality
a. Categories of armed conflicts
i. International armed conflicts
ii. Internal or non-internal armed conflict
iii. War of national liberation
b. Core international obligations of states in Int’l Humanitarian Law
c. Principles of Int’l Humanitarian Law
1.Treatment of civilians
2. Prisoners of war
d. Law on neutrality
13. Law of the Sea
a. Baselines
b. Archipelagic states
i. Straight archipelagic baselines
ii. Archipelagic waters
iii. Archipelagic sea lanes passage
c. Internal waters
d. Territorial sea
e. Exclusive economic zone
f. Continental shelf
g. International Tribunal for Law of the Sea
14. International Environment Law
> Principle 21 of Stockholm Declaration
General Principles
• Nature and scope
• Distinctions between PIL and Municipal Law (monists
and dualists’ views)
• Relation of PIL to Municipal Law:~ ~Doctrine of
Incorporation – the law of nations, although not
specially adopted by the Constitution or any municipal
act, is essentially part of the law of the land.
~Doctrine of Transformation – the rules of
international law are not per se binding upon the
state but must be embodied in legislation.
• Art. ll Sec. 2, Constitution : an assurance of our
willingness and readiness to adhere to generally
accepted principles of international law.
*Rules & regulations of the Hague and Geneva
Conventions form part and are wholly based on the
generally accepted principles of international law,
thus form part of the law of our nation even if the
Phil. was not a signatory to the Hague Convention
and signed the Geneva Convention only in 1947
(Kuroda vs. Jalandoni).
*Philippine membership in the WTO is not an
impairment of our sovereignty. Applicable
principles are the doctrine of incorporation and
pacta sunt servanda. The sovereignty of the Phil. is
subject to restriction by its membership in the
family of nations & the limitations imposed by
treaty limitations. The Constitution did not envision
our hermit-like isolation from the rest of the world
(Tanada vs. Angara, 272 SCRA 18, ’00 BQ)
*LOI 229 requiring motor vehicle owners to have
reflectorized triangular early warning devices
pursuant to 1968 Vienna Convention on Road Signs
and Signal (BQ)
• Conflict bet. PIL and Municipal Law
• McArthur’s proclamation declaring null & void
“all laws & processes of any government other
than that of Commonwealth” does not invalidate
all judicial proceedings during the Japanese
belligerent occupation. Only judgments/ judicial
proceedings of political nature are invalidated
(Co Kim Chan vs. Valdez Tan Keh).
• From International viewpoint, uphold PIL xxx
Conflict bet. PIL (treaty) and Constitution
• A demandable obligation under pacta sunt
servanda
• PIL :Every state has duty to carry out in good
faiths its obligations arising from treaties or
other sources of international law, and it may
not invoke its constitution or laws as an
excuse not to perform this duty (Declaration
of Rights and Duties of States adopted by the
ILC)
• Const. Art. Vlll, Sec. 4(2) and Art. Vll, Sec. 21
• (BQ) Basing of foreign troops under a defense treaty
for military exercises conflicts with Constitution of a
state. Which prevails?
and
Good Luck!!!