Public International Law (PIL)

International Law is the body of legal rules which apply

between sovereign states and such other entities as have been
granted international personality.
Municipal Law
Who issue:

Source:

- issued by a political superior for

observance by those under its
authority
- consists of enactment from the
lawmaking authority

Regulates who:

- individuals among themselves

Violation:

- redressed though local administrative

and judicial process

Breach/Infraction:

- entail only individual responsibility

International Law
- not imposed but simply adopted by
states as a common rule of action
among themselves
- derived NOT from any particular
legislation BUT from sources such as
international customs, international
conventions and the general
principles of law
- relation inter se of states and other
international persons
- resolved through state-to-state
transactions ranging from peaceful
methods like negotiations and
arbitration to the hostile arbitrament
of force like reprisals and even war
- collective in the sense that it attaches
directly to the state and not to its
nationals

* If there are conflicts between Municipal and International Law, which prevails?
The basic rule would be to attempt to reconcile the apparent contradiction and therby give effect, if
possible, to both systems of law. For this purpose, it should be presumed that municipal law is always
enacted by each state with due regards for and never in defiance of the generally accepted principles of
international law.
But it was held in a dispute between Great Britain and Venezuela, that there could be no question
that national laws must yield to the law of nations if there was a conflict.

Constitution v. Treaty
Generally, treaty is rejected in the local forum but is upheld by international tribunals as a
demandable obligation of the signatories under the maxim pacta sunt servanda (agreements must be kept
in good faith)
Position of the Philippines: Our Constitution authorizes the Supreme Court to decide, among
others, ALL cases involving the constitutionality of any treaty, international or executive agreement, law

Ruby T. Sumague
PIL reviewer, 2B, Amba Greg

Basis of International Law:

1. Naturalist (Samuel Pufendorf)
- Law of nature
- There is a natural and universal principle of right and wrong, independent of any mutual
intercourse or compact.
- International law is a law above states not between states
2. Positivist (Richard Zouche)
- agreement of sovereign states to be bound by it
- A law of coordination not subordination
- Consent is either expressed, implied or presumed
3. Eclectics or Grotians (Emerich de Vattel and Christian Wolff)
- Law of nature and consent
- Grotius, the father of international law
- Based on the dictate of right reason AND the practice of states
- Should there be conflict between voluntary law and natural lawthe law of nature shall
prevail

Sanctions of International Law:

Sanctions the compulsive force of reciprocal advantage and fear of retaliation
1. Inherent reasonableness of international law and in their common conviction that its observance
will redound to the welfare of the whole society of nation.
2. Normal habits of obedience ingrained in the nature of man as social being
3. Respect for world opinion
4. Consent and reasonable fear of retaliation of other states
5. Machinery of the United Nations

* Is International Law a true law?

1st school of thought:
According to the Austinian concept, a rule of action can be considered law only if it is prescribed by
a political superior with power to punish violators
= international law is NOT a true law
2nd school of thought:
Considering the more acceptable view that there are many norms of conduct that society may
voluntarily adopt and obey although no specific penalty is imposed for non-observance
= international law is a true law

Ruby T. Sumague
PIL reviewer, 2B, Amba Greg

Functions of International Law:

1. Establish peace and order in the community of nations and to prevent the employment of force.
2. Promote world friendship
3. Encourage and ensure greater international cooperation in the solution of certain common
problems
4. Provide for the orderly management of the relations of states on the basis of substantive rules they
have agreed

Sources of International Law:

1. Primary or direct sources:
- International treaties
- International conventions
- International customs
- General principles of law recognized by civilized nations
2. Secondary or indirect sources:
- Decisions of courts
- Writings of most highly qualified publicists

Custom v. Usage
Custom - with conviction that it is obligatory and right
- Practice which has grown up between states and has come to be accepted as binding by
the mere fact of persistent usage over a long period of time.
Usage

- not coupled with the conviction that it is obligatory and right

International Community
- body of juridical entities which are governed by the law of nations

Composition of International communities:

1. states
2. legal entities UN, Vatican City, colonies and dependencies, mandates and trust territories,
international administrative bodies, belligerent communities

Subject (of International Law)

an entity that has rights and responsibilities under
that law
can directly assert rights
can be held directly responsible under the law of
nations

Object (of International Law)

not directly governed by the rules of international
law
A person or thing which rights are held and
obligations assumed by the subject
rights are received and its responsibilities imposed
indirectly; need intermediary

Ruby T. Sumague
PIL reviewer, 2B, Amba Greg

International administrative bodies may be vested with international personality if:

1. purpose is mainly non-political
2. autonomous
examples:
International Labor Organization (ILO), Food and Agriculture Organization (FAO)
World Health Organization (WHO), International Monetary Fund (IMF)
Qualification of a state to become a member of the UN: (spaaw)
1. It must be a state.
2. It must be peace-loving.
3. It must accept the obligation of the Charter.
4. It must be able to carry out these obligations.
5. It must be willing to carry out these obligations.

Principal Orders of the United Nations

1. General Assembly
2. Security Council
- key organ
- General role: maintenance of international peace and security
- Big 5: China, United Kingdom, France, United States, Russia (ChUFUR)
- Voting under Yalta formula:
each member shall have one vote
If procedural matters (not so important) = 9 votes, any member
If non-procedural (substantive/important) = 9 votes, Big 5 plus 4 others
3. Economic and Social Council (EcoSoc)
4. Trusteeship Council
5. International Court of Justice (ICJ)
- judicial organ
- 15 members, 9-year term, may be re-elected, elected by absolute majority vote in the
General Assembly and Security Council.
- Pres and VP, shall serve for 3 years, may be re-elected.
- All questions are decided by a majority of the judges present, the quorum being 9 when full
Court is sitting.
- Jurisdiction of the court is based on the consent of the parties as manifested under the
optional jurisdiction clause in Article 36 of the Statute.
6. Secretariat

4 essential elements of a state:

1. People
2. Territory
3. Government
4. Sovereignty
Other elements of a state:
1. Civilization
2. Recognition
3. Ability to meet international obligation (eg. pay UN dues)

Ruby T. Sumague
PIL reviewer, 2B, Amba Greg

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE (Article 36)

1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters
specially provided for in the Charter of the United Nations or in treaties and conventions in force.
2. The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state accepting the
same obligation, the jurisdiction of the Court in all legal disputes concerning:
a. the interpretation of a treaty;
b. any question of international law;
c. the existence of any fact which, if established, would constitute a breach of an
international obligation;
d. the nature or extent of the reparation to be made for the breach of an international
obligation.
3. The declarations referred to above may be made unconditionally or on condition of reciprocity on
the part of several or certain states, or for a certain time.
4. Such declarations shall be deposited with the Secretary-General of the United Nations, who shall
transmit copies thereof to the parties to the Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice
and which are still in force shall be deemed, as between the parties to the present Statute, to be
acceptances of the compulsory jurisdiction of the International Court of Justice for the period
which they still have to run and in accordance with their terms.
6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by
the decision of the Court.

Ruby T. Sumague
PIL reviewer, 2B, Amba Greg