LEGAL BASIS OF

INTERNATIONAL
RELATIONS

Lesson7
General Principles of International Law
KHIM RAMOS.FULGUERINAS

BEED III
TERNATIONAL LAW
• Laws that regulate relations of states and international person.
NATIONAL LAW

• Laws that regulate individual among themselves or within the state.

TREATY
• An international agreement conducted between states , in
written form and giverned by international law , whether
embodied in a single instruments or in two or more related
instruments, whatever its particular designation (Art.2(1)
(a) Vienna Convemtion on law of treaties.
 INTERNATIONAL LAW AND
NATIONAL LAW
• International law regulates relations of states and international
persons. It is derived from treaties , international customs, and
general principles of law. If conflict arises ,the same is revolved
through state transaction.
• On the other hand , national law regulates relations of individuals
amkng themselves or within the states. It consists of statutory
enactments, executive orders,and judicial pronouncements . If
there is conflict , the same is eedressed through local ,
administrative and judicial processess.
 HOW DOES INTERNATIONAL LAW
BECOME A PART OF THE LAW OF THE
STATE?

• Because it consists of many laws, rules, and

customs that govern relations between different
countries, their governments, businesses, and
organizations.
 TWO DOCTORINES OF
ADOPTION:
• 1. Doctorine of incorporation- is mainly based under Section w , Art II of the
1987 Constitution which state that:

• 2. Doctorine of transformation- requires the enactment by the legislative body

of such international law principles as are sought to be part of municipal law.
This doctrines must be related to the power of the President to enter into
treaties wherin rule and principles embodied in said treaties would be
transformed into Philippine Law and would become valid and effective upon
the the concurrence of two thirds (2/3) of all the members of the Senate ( Sec.
21, Art.VII ,1987 Constitution).
JEMLY MACALINDONG.PEDRAZA

2ND REPORTER
 INTERNATIONAL CONVENTION
AND INTERNATIONAL CUSTOMS

• Interantional Conventions and International Customs International Convention are

international agreements concluded between states, in written form, and governed by
International Law, embodied either 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.)
*Bilateral Treaties*Multilateral Treaties.

• 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).However, for a custon to be deemed as an international custom,these two
elements must exist:state practice and opinio juris sive necessitates("opinion of law or
necessity").
• * State Practice states that there must be evidence of substantial uniformity of practice by a
substantial number of states(Aust,2010). In a leading case rendered by the International Court of
justice, the case of North Sea Continental Shelf Cases(Germany v. Denmark, ICJ,1969), what is
required is that;" x xxw within the period in question,short though it might be, State
Practice,including that of states whose interest are specifically affected,should have been both
extensive and virtually uniform.“

• opinion juris sive necessitates the belief that the given practice is renderd obligatory by the existence
of a rule requiring it. Vonsequently, the states concerned must feel that they are conforming to what
amounts to a legal obligation(North Sea Continental Shelf Cases) ( Germany v. Denmark, ICJ,1969).

• Kinds of international customs are: Regional Custom and Special or Local Custom.*Regional Custom
is a practice among states within a particularatea of the world which can be sufficientlywell-establish
and accepted as law that is binding among the states of that region but not elsewhere(Epps & Graham,
2011). A special custom,on the other hand, is a long-continued practice between two States Accepted
by them AS regulating their Relations that From basis of mutual Rights and Obligation ( Right of
Pasage Case(Portugal v. India IcJ 1960
• Jus cogens ( Compelling Law) occupy another category of international customs
as these refer to norms that command peremptory authority,superseding
conflicting treaties and customs which can neither be derogatwd nor
modified,except by a norm or similar character ( Vinuya v. Executive Secretary,
G. R. No. 162230,April 28,2010). Jus cogens enjoy a higher rank in the
international hierar hy than treaty law and even ordinary customary rules
(Prosecutor v. Furundzai, International Criminal Tribunal for the former
Yugoslavia, 1998).
• Jus Cogens and Obligations Erga Omnes

Jus cogens ( Compelling Law) occupy another category of international customs

as these refer to norms that command peremptory authority,superseding
conflicting treaties and customs which can neither be derogatwd nor
modified,except by a norm or similar character ( Vinuya v. Executive Secretary,
G. R. No. 162230,April 28,2010). Jus cogens enjoy a higher rank in the
international hierar hy than treaty law and even ordinary customary rules
(Prosecutor v. Furundzai, International Criminal Tribunal for the former
Yugoslavia, 1998).
• Examples of this are norms, on torture,racial discrimination,genocide,
and puracy.
Obligations erga omnes ("towards all") refers to an obligation under
general international law that a state owes in any given case to the
international community, in view of its common values and its concern
for compliance, so that a breach of that obligation enables all states to
take action; or an obligation under a multilateral treaty that a state party
to the treaty owes in any given case to all the other state parties to the
same treaty, in view of their common values and concern for
conpliance , so that a breach of that obligation enables to all these states
to take action ( Vinuya v. Executive Secretary, G.R. No. 162230, April
28, 2010).

Examples of this are prohibitions of acts of aggresion, on genocide,and

on the protection of basic human rights.
LYKA JOYCE MAGBUO
BUISAN

3RD REPORTER
• Jus Cogens and Obligations Erga Omnes
Juns Cogens
-occupy another category of international customs as these refers to norms that
command peremptory authority, superseding conflicting treaties and customs
which can neither be derogaration nor modified, except by a norm or similar
character.
-enjoy a higher rank in the international hierarchy than treaty law and even
ordinary customary rules.
Examples :
*Torture
*Racial discrimination
*Genocide
*Piracy
• INTERNATIONAL CONVENTIONS AND INTERNATIONAL
CUSTOMS
International Conventions
-an international agreements concluded between states in written
form ang governed by international law, embodied either in a single
instrument or in its particular designation.
Bilateral Treaties
-is a treaty stictly between wo states entities. Any agreement with
more than two parties is a multilateral treaty similar to a construct,
it is also called a contractual treaty.
• Multilateral Treaties
-is a treaty to which three or more sovereign states are parties. Each party owes
the same obligation to all other parties, except to the extent that they have
stated reservations.

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 their to
act the way.
2 kinds of International Law
1.Regional Customs
2.Special or Local Customs
MARIA ELOISA MORAUDA BUGAGAO

4TH REPORTER
• Basic Principles Concerning Treaties

Pacta tertiis nec nocent nec prosunt- " A treaty binds the parties ang only the parties."

Pacta sunt servanda- " Agreement must be kept" - Every treaty in force is binding upon
the parties to it and must be performed by them in good faith. ( Art. 26 Vienna
Convention of Law of Treaties.

• Rebuc sic stantibus- "Things standing thus." A fundamental change of circumstances

which has occured with regard to those existing at the time of conclusion of a treaty, and
which was not foreseen by the parties, may be invoked as a ground for terminating or
withdrawing from the treaty if the existence for those circumstances constituted an
essential basis of the consent of the parties to be bound by the treaty and the effect of the
change is radically to transforn the extent of the obligations still to be performed under
the treaty. ( Par. 1, Art. 62 Vienna Convention on Law of Treaties.)
• Executive Agreement and Concordat

An executive agreement is an agreement concluded by the President based on authority

granted by congress or based on the inhetent authority granted to him/her by the
Constitution. This is distinguished from a treaty as a latter pertains to a covenant concluded
by the President with the advice and consent of the Senate. No traty or international
agreement shall be valid and effective unless concurred in by atleast two-third of all
members of the Senate (Sec. 21, Article VII, 1987 Constitution). Both treaties and executive
agreements have binding effect upon states as long as the negotiating functionaries have
remained within their powers (USAFFE Veterans Association Inc, v. Treasurer of the
Philippines, G.R. No. L-10500, June 30, 1959).
• A concordat is a treaty or agreement betwenn the Pope and a state or government that deals
with religious matters as well as the recognition and previleges of the Holy See and other
states. ( Sarmiento, 2014).

SUMMARY
International law is a law that governs states and their international persons. It is based not
only on international covenants but also on international customs. By adoption, principles of
international law become part of Philippine law.
Treaties are internsational covenants that can be entered into by Philippine presidents and
subject to ratification by the Senate. Its formation entails a numbers of steps, and its
implementation causes positive and negative effects on the country.
 UNIT III
LEGAL BASIS OF INTERNATIONAL RELATIONS.
Members:

KHIM RAMOS.FULGUERINAS BEED III

MARIA ELOISA MORAUDO BUGAGAO
LYKA JOYCE MAGBUO BUISAN
JEMLY MACALJNDONG PEDREZA