PUBLIC I.

Preliminary Considerations

Definition of Public International Law

INTERNATIONAL LAW -defined as the rules, based on the natural moral law and on common
consent, which govern the relations of sovereign States and other
international persons.

Definition by Higgins
-Public International Law is a body of legal principles, norms and other
Layla-Tal Osorio Medina
international persons and governs their conduct affecting the interests
of the international community as a whole. 1
2010-113664
International legal system consist of:
San Sebastian College Recoletos Manila
1. natural moral law principles
2. a set of generally agreed upon norms of conduct
College of Law 3. certain authoritative processes for enacting and changing
aforementioned norms.

International law- public international law

Private international law-conflict of laws

Why is PIL important?

Quoting President John F. Kennedy: “that the world makes plans for a
better future, it must first make sure that there is a future. “

The functions of PIL are the following:

1. Maintenance of public peace and order

2. Protection of State rights and fundamental human rights
3. The economic, social, cultural and technological development of
States and other entities that possess an international personality

International Law and World Politics-Edgardo L. Paras

Basis of PIL:

(Please note that this set of notes is very much condensed! You still have to read the
1. The Natural Law school-natural moral law
book.)
2. Positivist- common consent of states

1
Public International Law reviewer, Karichi Santos, UP Law 2012
 3. Eclectic-premised on both the natural moral law and on common
consent.
Competent Authority-refers to equal states which observe expressly or implicitly
common standards of conduct in their mutual relations.
 International law is discussed by the methods appropriate to jurisprudence
 State officials use treaties, precedents in arguing for their foreign policies;
they also refer to the opinions of specialists.
 IL has judicial sanctions enforced by international and municipal tribunals
(note that municipal laws refer to local laws, ie. Laws of the RP)
 At various times in history, international legislation has been enacted.
TRANSNATIONAL LAW
-is an emerging body of law based upon universally accepted general principles of law
supplemented by that portion of municipal law of disputants applicable in an attempt
to resolve conflict.
PHILIP JESSUP: suggested that there are major gaps in international law and needs
are best bridged at levels other than universal.
*Classification according to content of subject matter
1. Int. Constitutional Law (essentially political in character—ex. Treaty of
Versailles which ended WW1)
2. Int. Administrative Law (technical in scope, may include ordinary treaties,
customs and court decisions on Int. Corpo Law, Int. Crim. Law, Int. T&D,
Int. Comm. Law—incl. trade agreements and foreign investment leg.)
How PIL can be observed
-by a firm adherence to the principles of the natural moral law, the spirit and intent of
treaty stipulations and international customs. Guaranty can be made through peaceful
means (dip. nego and arbit.,), through forcible measures short of war (eg. boycott,
breaking off of dip. rel. ), and collective enforcement measures (UN intervention in
Korea, in the Suez Canal, Ira q-Kuwait, etc).
Why PIL is observed:
1. Their belief in the reasonableness of the Law of Nations.
2. Their fear in being unconventional
3. Fear of reprisal from other states.

Jus Civile *Private individuals observe PIL because they are afraid of legislative, executive
and judicial sanctions within their respective nations
-foundation of legal systems of Europe and other parts of the world, contributing to
many concepts and principles now embodied in international law. (ex. acq. of title of PIL distinguished from Municipal Law
territory, freedom of the high seas)
PIL Mun. Law
Jus Cogens: for a norm to be considered as such, it must be accepted and Sanctions a. Reprisal a. Civil Execution
recognised by the international community of States as a whole. b. War b. Criminal
Punishment
CLASSIFICATION OF PUBLIC INTERNATIONAL LAW
Responsibility Collective Individual
1. Conventional-if consent was given expressly Centralized/Decentralized(?) Relatively decentralized Relatively a
2. Customary-if consent was given impliedly or tacitly centralized coercive
3. General-presumably consent has been given to fundamental natural order
principles governing international intercourse. Enforcement Comparatively harder Comparatively easier

*Classification according to applicability of subject matter:

1. IL of peace Relation bet. PIL and “Philippine” Municipal Law

2. IL of war
3. IL of neutrality
PIL has been made an integral part of the Constitution (1935, 1973, and the present).
Art. II, Sec 3 of the 1935 Constitution provides: A. Direct Sources
1. International Conventions
2. International Customs
“The Philippines renounces war as an instrument of national policy and adopts the
B. Indirect/Secondary Sources
generally accepted principles of international law as part of the law of the nation.”
1. Decisions of Int. Tribunals
2. Writings and Teachings of the most qualified publicists
In the 1987 Constitution, it reads thus: “The Philippines renounces war as an
instrument of national policy, adopts the generally accepted principles of international Hans Kelsen: Public International Law has
law as part of the law of the land and adheres to the policy of peace, equality, justice, its source principally in the decision of an
freedom, cooperation, and amity with all nations.” international tribunal, Said decision is a valid
OPPENHEIM: The sources of law are norm of IL only if the tribunal has been
CUSTOMS and TREATIES. properly constituted by an international
(*Note: in the 1973 Constitution, it is also found in Article II, but it is in Section 3) treaty; the treaty itself is valid if the maxim
of pacta sunt servanda is adhered to, and the
reason for such maxim is because of
War-refers to aggressive war.
INTERNATIONAL CUSTOM. In short, the
ultimate source is international custom
*The Congress, by 2/3 of both Houses in joint session assembled, voting separately, which gives rise to pacta sunt servanda,
shall have the sole power to declare the existence of a state of war.” –Article VI, Sec. which in turn justifies the existence of
23(1) international conventions; treaties make it
possible the formation of international
courts, precise purpose being is to lay down
The generally accepted principles of international law: decisions upon the matter. Decisions
rendered constitute the sources of IL.
1. Acquisition of territory by prescription
2. Doctrine of res judicata
3. Rule that an accuser state cannot, at the same time, be the judge
4. The principle of “prior exhaustion of national remedies before resort to be
had in international tribunals.”
5. The rule that all persons (whether mil. or civ.) guilty of waging aggressive
wars should be held accountable.

4 Theories regarding the incorporation of IL into the municipal law of the

RP:

1. Transformation doctrine
2. Adoption doctrine
3. Harmonization doctrine
4. Restricted automatic doctrine

II. Sources of PIL