Public International law The Relationship between international law and

- it is a body of legal principles, norms, and processes municipal law

which regulates the relations of state and other Monism Vs Dualism
international persons and governs their conduct Under Monistic theory, international law, and
affecting the interest of the international community municipal law belong to only one system of law. For
as a whole monists, there is no difference between international
- these principles apply to sovereign states and such law and municipal law as these are one and the same.
other persons and entities that have been granted
Under Dualism, which is the widely accepted view,
international personality
international law and municipal law are two different
spheres of law and distinguished in the sense that
international law is a law of coordination, being the
Grand Divisions of Public International law
result of the agreement between states forming the
1. Laws of Peace or those laws that govern the normal
family of nations, whereas municipal law is a law of
relations between states in the absence of war.
subordination, being a command issued by a political
2. Laws or War or those laws that govern relations
superior to those subject to its authority
between hostile or belligerent states during times of
war or armed conflict
3. Laws of Neutrality or those laws that govern
Is International law part of municipal law?
relations between a non-participating state and a
As a member of the international community, a state
participating state or between and among non-
is bound to observe the generally accepted principles
participating states in times of war.
of international law. In the sense, international law
should be deemed as part of municipal law.

Private International law (conflicts of law) Doctrine of Incorporation

-It is that part of the law of each state which under this doctrine rules of international law form
determines whether, in dealing with a factual part of the law of the land and no further legislative
situation, an event or transaction between private action by the government is needed to make such
individuals or entities involving a foreign element, the rules applicable in the domestic sphere.
law of some other state will be recognized. In the Philippines, the doctrine of incorporation is
adopted only insofar as the generally accepted
Public international law vs private international law
principles of international law. Article II, Section 2 of
Public Private the 1987 Philippine Constitution provides:
International law International “The Philippines renounces war as an instrument of
Law national police, adopts the generally accepted
Nature International Municipal or principles of international law as part of the law of the
Domestic land and adheres to the policy of peace, equality,
Dispute International Local courts justice, freedom cooperation and amity with all
Resolution modes and or tribunals nations”
processes settling of each state
disputes Opinion: is the declaration in Article II, section 2 of
Subject States and persons Private the 1987 Philippine constitution necessary?
or entities having Individuals According to Justice Isagani A. Cruz, the declaration in
international Article II, section 2 of the 1987 Philippine Constitution
personality is not really necessary because the mere fact of our
Source Treaties, Laws membership in the family of nations imposes upon
conventions, enacted by us the obligation to observe its rules, whether or not
international the we expressly affirm our intention to do so.
customs, and authorities
The declaration is at best an assurance to the rest of
generally accepted of each state
the world of our willingness and readiness to abide by
principles of
international law the generally accepted principles of international law
Responsibility Collective, Individual as a responsible member of the international
for breach attaches directly to responsibilty community.
the state
Doctrine of Transformation international law, they also been granted a certain
Using this doctrine, required certain principles of degree of international personality under a number of
international law to be enacted as local legislation or international agreements.
transformed into municipal law in order to have a
Sources of international law
binding effect upon the state.
A. International conventions (and treaties), whether
general or particular, establishing rules expressly
recognized by the contesting states
Theories on the basis and binding force of
B. International customs, as evidence of a general
international law
practice accepted as law;
Natural law theory C. The General principles of law recognized by
International law is derived from the view that it is the civilized nations;
natural order of things that certain matters should be
D. Judicial decisions and the teachings of the most
regulated.
highly qualified publicists of the various nations, as
The Natural law theory proceeds from the belief that
subsidiary means for determination of rules of law
human beings, as basic components of a state,
(Art. 38, Statute of the International Court of Justice)
possess intrinsic values that govern our reasoning and
behavior. As people are bound to observe these rules Primary Sources Secondary Sources
without need a formal or external prescription, so is 1. International 1. Judicial Decisions
the state which is composed of individual he belongs. Conventions and
treaties. 2. Teachings of most
Consent Theory 2. International highly qualified
International law derives its binding force from the Customs. publicists
consent of states. Based on each and every state’s 3. General Principles of
sovereignty which emphasized their freedom to act. law
“Par in parem non habet imperium”- an equal does
not have power over another equal.
Are conventions and treaties automatically
Consent theory suggests that the binding force of
considered as primary source of international law
international law depended upon that mutuality of
among nations as a whole?
interests of states and this mutuality could only be
No, as a general rule, an international convention or
maintained by altering rules from time to time as it
treaty is only binding between the states that have
might be no longer to the interest of the parties to
entered into and concluded the same.
observe.
However, for international conventions or treaties to
be considered as a primary source of international law
among the family of nations, the convention or treaty
Subjects of International law
must be of the same subject matter and nature, and
A subject of international law is an entity with
that it must be concluded by a sizeable number of
capacity of possessing international rights and
states for the purpose of confirming, establishing or
obligations and of bringing international claims
abolishing a rule of international law.
States
Eg. Hague Conventions of 1899 and 1907 which
A state is a group of people, living together in a fixed
adopted existing rules of customary law.
territory, organized for political ends, exercising
sovereignty under an independent government, and Jus Cogens
capable of entering into international relations with “Right or compelling law”
other state A jus cogens norm is a peremptory norm accepted
International organization and entities and recognized by the international community of
these organizations and entities may be vested with states as a whole as a nor which no derogation is
international personality, provided that they are non- permitted and which can be modified only by a
political and are autonomous and not subject to subsequent norm of general international law having
control by any state. the same character (Art. 53, Vienna Convention on the
Individuals Law of Treaties)
Although traditionally, individuals have been E.g Prohibitions on crimes against humanity and
considered merely as objects, not subjects of
genocide, Prohibitions on slavery, slave trade and
racial discrimination.

Erga Omnes
“In relation to everyone”
Erga Omnes obligations are those obligations in
whose fulfillment all states have a legal interest in
view of the importance of its subject matter to the
international community as a whole.
All States have an interest in its compliance, and thus
any state is entitled to invoke responsibility for non-
compliance or breach of such an obligation.
E.g. Prohibition on the commission of acts of
aggression toward another state, outlawing of crimes
against humanity, genocide, slavery and slave trade,
observance of the principle of equality among all
states.