PIL REVIEWER

decisions in so far as they identify

what the obligations are.)

CHAPTER 1
International Law A law which
deals with the conduct of states
and of international organizations
and with their relations inter se, as
well as with some of their relations
with persons, whether natural or
juridical. (Restatement of Foreign
Relations Law of the United States)
Command Theory International
law is not a law because it does not
come from a command of a
sovereign.
Consensual Theory International
law derives its binding force from
the consent of the states.
Natural Law Theory The law is
said to be an application of natural
reason to the nature of the stateperson.
Public International law governs
the relationship between and
among states and also their
relations
with
international
organizations
and
individual
persons.
Private
International
law

Domestic law which deals with

cases where foreign law intrudes in
the domestic sphere.

Article 38(1) of the Statute of the

International Court of Justice,
directs the court on how it should
resolve matters brought to it:
1. By applying international
coventions
2. International customs
3. General principles of law
4. Judicial
decisions
and
teachings of the most highly
qualified publicists of the
various nations
CUSTOMARY
INTERNATIONAL
LAW
a general and consistent practice
of states followed by them from a
sense of legal obligation.
Two basic elements of custom:
1. Material factor how states
behave (usus)
2. Subjective factor why
states behave that way
CASES:
The Paquete Havana exempts
fishing vessels and its crew from
capture as a prize of war, applying
ancient practices.

Formal Sources various processes

by which rules come into existence.
(Legislation, treaty making, judicial
decision making)

North Sea Continental Shelf A

short period of time is not a bar to
the formation of a new rule of
customary
international
law.
Duration is not the most important
element of custom but rather
consistency and generality of
practice.

Material Sources concerned with

the substance and content rather
than how it came into existence.
(Resolutions,
treaties,
judicial

Asylum Case For consistency to

occur, a constant and uniform
practice,
either
locally
or
regionally, must be proven.

CHAPTER 2

Nicaragua v. United States the

practice need not be in absolute
conformity or complete, but it must
be substantial with the purported
customary rule.
Evidence of state practice
treaties,
diplomatic
correspondence,
statements
of

national
leaders and
political
advisers, etc.
Instant Custom spontaneous
activity of great number of states
supporting a specific line of action.
TREATIES
It determines the rights and duties
of states just as individual rights
are determined by contracts.