Course Information

COURSE CODE : INTLAW2

COURSE TITLE : Public International Law 2
COURSE CREDIT : 3 units
PRE-REQUISITE : Public International Law 1
TYPE OF COURSE : Major
SCHEDULE : Saturday 8:00-11:00am
FACULTY : Atty. Raeyan Reposar

HOUSE RULES

1. Grading System
a. 25 % Class Participation (Recitations and Activities conducted synchronously)
b. 20% Asynchronous Activities (Reflection papers, discussion boards)
c. 20% Midterm Exams
d. 20% Final Exams
e. 15% Term Paper/Term Activity

2. Consultation: By Schedule. Contact Professor at raeyan.reposar@benilde.edu.ph. I will

only allow consultation on the following issues and concerns:
a. Grades
b. Attendance
c. Thesis/Academic Paper/Extra-Curricular Activities

Note: When consulting with professor, exercise reason and prudence.

3. Conduct of Classes Decorum

Online Classes
Technology Requirements

• A computer (desktop/laptop) or tablet (with working keyboard) with an updated operating system
and an Internet browser
• A media player such as Flash Player or
• Windows Media Player
• Headset with microphone
• Internet connection (preferably with at least 6mbps speed)
• Active Benilde Mail account
• Students are expected to have their cameras on at all times during synchronous sessions
Decorum

• Students are expected to have read the readings in the syllabus assigned for that day.
• Recitations will be a constant throughout the trimester.
• Announcements will be made either in class towards the end of the discussion, through news
on BigSky, or through the class beadles.
• As a general rule, there will be no extension on deadlines. Extensions will be discretionary on
the part of the professor depending on the validity of reason(s).

Rule on Recitations:

Lowest student could get is 40 highest is 100. Students who are caught cheating during recitations
will get an automatic grade of 0.

40 – Was called but absent.

50 – Was called but unable to answer or answer is irrelevant to the topic.

60-70 – gave a wrong answer, did not try, poor answer. Not responsive to the question, gave an
impression that student did not read the assigned readings for the day.

80- Gave an average answer. Gave an impression that the student read the assigned readings for
the day, but unresponsive to the question, was not able to spot the issue.

90-100 – Above average to excellent answer. Responsive, was able to spot the issue.

• Other activities: Rubric will be communicated when the activities are assigned.

TOPICS and READINGS

Assessment on International Law I and Orientation

REVIEW ON INTERNATIONAL LAW I

a. Review on Important topics on Public International Law 1
i. Nature of International Law
ii. Sources of International Law
iii. Law of Treaties
iv. International Law v. Municipal Law
 v. Subjects of International Law
vi. Other Subjects of International Law
vii. Territory (excluding law of the SEA)
viii. Jurisdiction of the States
ix. Immunity from Jurisdiction
a. Read in full
i. USA v. Hon. V.M Ruiz
ii. USA v. Hon. Luis Reyes
iii. Holy See v. Eriberto Rosario G.R. No. 101949
December 1, 1994
iv. Republic of Indonesia v. Vinzon (2003)
v. Liang v. People, G.R. No. 125865, January 28,
2000

x. State Responsibility

b. Orientation on how to:

i. Read jurisprudence
ii. Create a case digest
iii. Spotting issues in Legal Problems

c. Diagnostic Test on International Law

International Law on Territory

I. THE LAW OF THE SEA

a. Importance of the Sea
i. Medium of Communication
ii. Contain vast natural resources
b. CONVENTION ON THE LAW OF THE SEA
i. Read: Article 2 of the 1982 Law of the SEA
c. Freedom of the Seas and its historical background
d. Concepts
i. Territorial Sea
ii. Internal Waters
iii. Archipelagic Waters
iv. Bays
v. Historic Bays
vi. Contiguous Zone
vii. Exclusive Economic Zone
viii. Baselines
1. Normal Baseline
2. Straight Baseline
ix. Continental Shelf
x. The Deep Seabed
xi. Islands
xii. High Seas
1. Six Freedoms which High Seas are subject to
 e. Hot Pursuit Doctrine
f. Sovereignty over Territorial Sea
g. Right of Innocent Passage
h. Two Primary Obligations of Coastal States
i. Settlement of Disputes
j. Case Study: West Philippine Sea
i. Read: Republic of the Philippines v. People’s Republic of China, In the matter of South
China Sea Arbitration

International Law on Disputes and Jurisdiction of International Courts

II. Peaceful Settlement of International Disputes

a. What is an international dispute?
b. Peaceful Methods of Settling Disputes
i. Art. 2 (3) of UN Charter
c. Key Provisions of the UN Charter
i. Art. 33, Art. 36, Art. 37, Art. 38
d. Classification of Peaceful means of Settlement
i. Non-Judicial
1. Negotiation
2. Mediation
3. Inquiry
4. Conciliation

ii. Quasi-Judicial
1. Arbitration
2. Arbitral Agreement
3. Arbitral Decisions

iii. Judicial
1. ICJ (International Court of Justice)
a. Who may be parties in the court?
b. General Principles
i. States cannot be compelled to submit their
disputes unless consent is given
ii. States may limit acceptance to certain types of
disputes and attach various conditions and
reservations
c. Composition of ICJ
i. Read: Articles 2, 3, 4, 26, 27,
d. Jurisdiction of ICJ
i. Art. 26
ii. Cases:
1. US v. Bulgaria ICJ 1959
2. Nicaragua v. US ICJ, 1984
3. Portugal v. Australia, ICJ 1995
4. Yugoslavia v. US ICJ 1999
5. El Salvador v. Honduras, ICJ 1992
e. Obligation to comply with decisions
 i. Read: Articles 59, 60,61, 66, 94

Read: Public International Law, Bernas (pp. 267-294)

WEEKS 5-7
III. USE OF FORCE UNDER INTERNATIONAL LAW
a. Use of Force under International Law
i. Art. 2 (4) of the UN Charter
ii. Cases:
1. Corfu Channel Case dated April 9, 1949
2. Nicaragua v. US dated June 27, 1986
iii. Threat of Force
iv. Legality of the Threat or use of Nuclear Weapons
v. Exception to the prohibition of Use of Force – Individual and Collective
Self Defense
vi. Discuss: Is anticipatory self-defense allowed?
vii. Traditionally Allowable Coercive Measures
1. Severance of Diplomatic Relations
2. Retorsion
3. Reprisal
4. Embargo
5. Boycott
6. Non-intercourse
7. Pacific Blockade
viii. Protection of Nationals Abroad
ix. Humanitarian Intervention
1. Prohibition under Art (2)4 of the UN Charter is now considered
Jus Cogens

Read: Public International Law, Bernas (pp. 295-302)

IV. INTERNATIONAL CRIMINAL LAW

a. Historical Development Pre-ICC
b. ICC
i. Goals
ii. Jurisdiction
c. Transnational Crimes
d. Protection of Refugees
e. Protection of Internally Displaced Persons
f. Case Study: Syrian Refugee Crisis

International Human Rights & Environmental Law

V. INTERNATIONAL HUMAN RIGHTS LAW
a. Historical Perspectives of Human Rights
i. League of Nations
ii. International Labour Organization
iii. Universal Declaration of Human Rights
iv. Helsinki Final Act, 1945
v. Subsequent Declarations
b. Sources of Human Rights Standards
i. Various Multilateral Conventions
1. International Covenants of 1966
a. International Covenant on Economic, Social, and Cultural
Rights (ICESCR; 169 parties)
b. International Covenant on Civil and Political Rights
(ICCPR; 172 parties)
c. Optional Protocol to ICCPR
2. Regional Human Rights Treaties
3. Treaties dealing with Specific Rights
4. Treaties Protecting particular Categories or groups
ii. Customary International Law
1. Read: Barcelona Traction Case
c. Non-Discrimination and Collective Rights
i. Self Determination
ii. Rights of Minorities
iii. Rights of Indigenous Peoples
Read: Isagani Cruz and Cesar Europa v. Sec. of Environment and Natural
Resources, et al. G.R. No. 135385
d. Scope of Human Rights Standards
i. Territorial and personal scope of human rights treaties
Read: Poe Llamanzares v. Comelec (2016), G.R. No. 221697, March
8, 2016
ii. Human Rights and humanitarian Law
iii. Human Rights in the private domain: issues of horizontal application
e. Protection and Enforcement of Human Rights
i. Protection under the UN System
1. UN Charter
2. Treaty Bodies
3. High Commissioner for Human Rights
ii. Regional Machinery
1. Europe
2. The Americas
3. Africa
f. Supervision: Key Legal Issues
i. Exhaustion of Local Remedies
ii. Restrictions on Freedoms necessary in a democratic society
iii. Proportionality
iv. Derogation in time of national emergency
v. Margin of appreciation
vi. Complaints and proceedings at national level
Read: Brownlie’s Principles in Public International Law (pp. 610 – 644)

VI. INTERNATIONAL ENVIRONMENTAL LAW

a. Environmental Concerns
i. Section 16, Art. 2 of the 1987 Constitution
b. Who have environmental Rights?
i. Read: Oposa v. Factoran G.R. No. 101083, July 30 1993
ii. Read: Resident Mammals v. Reyes, G.R. No. 180771, April 21, 2015
c. Role of International Law in Addressing Environmental Problems
i. Environmental issues under general International Law
ii. Deficiencies in the adversarial system of responsibilities
iii. Rio Conference
d. Emergent Legal Principles
i. Preventive Principle
ii. Precautionary Principle
iii. Sustainable Development
iv. The Polluter-pays principle
v. Sic utere two principle
vi. Environmental Impact Assessment
vii. Qualification of environmental damage
e. Development of Multilateral Standard Setting Conventions
i. Traffic in endangered species
ii. Protection of the ozone layer
iii. Transboundary movement of hazardous waste
iv. Climate change
v. Protection of the marine environment
vi. Other conventions and institutions
f. Regional Treaties
i. Treaty of Rome
ii. North American Agreement on Environmental Cooperation
iii. Protocol on Environmental Protection to the Antarctic reaty
iv. Amazon Declaration

Read: Brownlie’s Principles in Public International Law (pp. 336 – 352)

INTERNATIONAL TRANSACTIONS AND COMMERCIAL

DEALINGS
VII. INTERNATIONAL ECONOMIC LAW
a. What is International Economic Law?
b. Characteristics of International Economic Law
c. Important Economic Institutions
i. Bretton Woods Conference of 1994
ii. International Monetary Fund
iii. World Bank
iv. International Trade Organizations
 v. WTO
d. Key Principles in International Trade Law
i. Agreed Tarrif Levels
ii. Most Favored Nation Principle
iii. Principle of National Treatment
iv. Principle of Tarrification
e. Exceptions to Key Principles
i. General Exceptions:
1. Public Morals
2. Public Health
3. Currency Protection
4. Products of Prison Labor
5. National Treasures of Historic, Artistic, or archaeological value
6. Protection of exhaustible natural resources
ii. Security Exceptions
iii. Regional Trade Exceptions
iv. Exceptions for developing nations
Read: Tañada v. Angara , G.R. No. 118295 May 2, 1997
v. Expansion of the Scope of International Economic Law
1. Uruguay Round of 1994

Read: Public International Law, Bernas (pp. 335-340)

DIPLOMATIC RELATIONS and INTERNATIONAL

RECOGNITION

VIII. INTERNATIONAL RECOGNITION

a. Case of Republic v. Kosovo
b. Unilateral Declaration of Independence