Definition of Terms

International law - laws that regulate relations of states and

international persons

National law - laws that regulate individuals among themselves or

within the state

Treaty - an international agreement conducted between states, in

written form and governed by international law, whether embodied in a
single instrument or in two or more related instruments, whatever its
particular designation (Art. 2 (1) (a), Vienna Convention on Law of
Treaties)
How does international
law become a part of the
law of the state?
 Two doctrines of adoption: doctrine of incorporation
and doctrine of transformation.

The doctrine of incorporation is mainly based

under Section 2, Art. Il of the 1987 Constitution which
states that: "xxx the Philippines adopts the generally
accepted principles of International Law as part of the
law of the land." Thus, the generally accepted
principles of international law are considered as part
of a state's national laws by reason of its membership
in the family of nations.
The doctrine of transformation requires the
enactment by the legislative body of such
international law principles as are sought to be part of
municipal law (Coquia & Defensor-Santiago, 2005).

This doctrine must be related to the power of the President

to enter into treaties wherein rule and principles embodied in
said treaties would be transformed into Philippine law and
would become valid and effective upon the concurrence of
two-thirds (2/3) of all the members of the Senate (Sec. 21,
Art. VII, 1987 Constitution).
 International Conventions and International Customs

International conventions are international agreements concluded

between States, in written form, and governed by International Law,
embodied either in a single instrument or in two or more related instruments
and whatever its particular designation (Art. 2 (1) (a), Vienna Convention on
Law of Treaties).

Examples of bilateral treaties entered into by the Philippines are the

Mutual Defense Treaty with USA, signed on 30 August 1959; Visiting
Forces Agreement with USA, signed on 10 February 1998; and RP-US
Extradition Treaty with USA, signed on 13 November 1995.
At times, the Philippines also enter into
multilateral treaties or conventions with two or
more states. An example of which is the 1982
United Nations Convention on the Law of the Sea
(UNCLOS). Other examples are the International
Convention on Civil and Political Rights, Rome
Statute of the International Criminal Court, and
Convention on the Prevention and Punishment
of the Crime of Genocide.
ICCPR is an international human rights treaty adopted in 1966. The UK agreed to
follow ICCPR in 1976. It enables people to enjoy a wide range of human rights,
including those relating to: freedom from torture and other cruel, inhuman or
degrading treatment or punishment.

The Convention on the Prevention and Punishment of the Crime of

Genocide (CPPCG), or the Genocide Convention, is an international treaty
that criminalizes genocide and obligates state parties to pursue the
enforcement of its prohibition.

An International Criminal Court ("the Court") is hereby established. It

shall be a permanent institution and shall have the power to exercise its
jurisdiction over persons for the most serious crimes of international
concern, as referred to in this Statute, and shall be complementary to
national criminal jurisdictions.
International customs, also known as customary law, consists of rules of
law derived from the consistent conduct of states, acting out of the belief
that the law required them to act that way (Aust, 2010).

Kinds of International Customs

Regional Customs
Special Customs