Interantional Law Template[1]

RECOLETOS NOTES CENTRALIZED BAR OPERATIONS 2006

Political Law

INTERNATIONAL LAW

• •

“A body of rules and principles of action which are binding upon civilized states in their relations with one another”. According to Schwarzenberger: “Body of legal rules which apply between sovereign states and such other entities as have been granted international personality”.

DIVISIONS: 1.) Laws of Peace- govern the normal relations of states. 2.) Laws of War- when war breaks out between or among some of them, the relations of these states cease to be regulated under the laws of peace. 3.) Laws of Neutrality- states not involved in the war continue to be regulated under the laws of peace. PRIVATE OR MUNICIPAL LAW

PUBLIC INTERNATIONAL LAW

1.) issued by a political superior for the observance by those under its authority.

- not imposed upon but adopted by states as a common rule of action among themselves.

2.) consists mainly of enactments from the law-making authority of each state.

- derived not from any particular legislation but from such sources as international customs, international conventions and general principles of law.

3.) regulates the relations of individuals among themselves or with their own states.

- applies to the relations inter se of states and other international persons

4.) violations of municipal law are redressed through local administrative and judicial processes.

- questions of international law are resolved through state-to-state transactions.

5.) breaches of municipal law generally entail only individual responsibility.

- responsibility for infractions of international law is usually collective; It attaches directly to the state and not to its nationals.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

DOCTRINE OF INCORPORATION • •

by affirming their recognition of the principles of international law in their constitutions. ARTICLE 2, SECTION 3, 1987 CONSTITUTION “The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations”.

DOCTRINE OF TRANSFORMATION • • •

represents the minority view. holds that the generally accepted rules of international law are not per se binding upon the state but must first be embodied in legislation enacted by the lawmaking body and so transformed into municipal law. only when so transformed will they become binding upon the state as part of its municipal law.

CONSTITUTION

TREATY

•

most Constitutions contain rejected in provisions empowering the judiupheld ciary to annul treaties and the tribunals as a legislative to supersede them with of the statutes, thereby establishing the the maxim primacy of the local law over the international law.

-

generally,

it

is

the local forum but is by

international

demandable obligation signatories under pacta sunt servanda.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

BASIS OF INTERNATIONAL LAW According to one school of thought, Samuel Pufundort, basis of international law is the LAW OF NATURE. • It is described as a “higher law” or “a rule of human conduct independent of positive enactment and even of special divine revelation and binding always and everywhere in view of its intrinsic reasonableness”. • That there is a “natural and universal principle of right and wrong, independent of any mutual intercourse or compact”. • International Law is viewed not a law between but above states. POSITIVISTS led by Richard Zouche • Binding force of international law is derived from the agreement5 of sovereign states to be bound by it. • International Law is not a law of subordination but of coordination • A more positive identification with or acknowledgment of the law is necessary to make it binding on the states it purports to govern, so that any state withholding its consent can disclaim any responsibility of observance. ECLECTICS OR THE GROTIANS led by Emerich de Vattel and Christian Wolff • Offer both the law of nature and the consent of states as the basis of international law. • Adheres to the idea of Grotius, the Father of International Law, that the system of international law is based on “the dictate of right reason” as well as “the practice of states”. • Insofar as it conformed to the dictates of right reason, the voluntary law might be said to blend with natural law and be indeed the expression of it. Should there be a conflict between the two, the law of nature was to prevail as being the fundamental law, the authority of which could not be contravened by the practice of states. SANCTIONS OF INTERNATIONAL LAW • The fact that a law is binding does not necessarily mean it will be observed, especially in the absence of some coercive influence to dictate obedience.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

1.) inherent reasonableness of international law and in their common condition that its observance will redound to the welfare of the whole society of nations. 2.) normal habits of obedience ingrained in the nature of man as a social being. 3.) respect for world opinion held by most states, or heir desire to project an agreeable public image in order to maintain he goodwill and favorable regard of the rest of the family of nations. 4.) constant and reasonable fear that violations of international law might visit upon the culprit the retaliation of other states. 5.) Machinery of the U.N. •

ENFORCEMENT OF INTERNATIONAL LAW Grievances of the disagreeing states may be presented to and discussed in these bodies, which may thereafter adopt such measures as may be necessary to compel compliance with international obligations or vindicate the wrong committed. INTERNATIONAL MORALITY OR ETHICS • Principles which govern the relations of states from the higher standpoint of conscience, morality, justice and humanity. • Similar to the law of nature. INTERNATIONAL COMITY • Rules of courtesy observed by states in their mutual relations, in that violations of its precepts are not regarded as constituting grounds for legal claims. INTERNATIONAL DIPLOMACY • Objects of national or international policy and the conduct of foreign affairs or international relations. • According to Satow: “application of intelligence and tact to the conduct of official relations between independent states. INTERNATIONAL ADMINISTRATIVE LAW • Body of laws and regulations, crated by the action of international conferences or commissions which regulate the relations and activities of national and international agencies with respect to those material and intellectual interests which have received an authoritative universal recognition.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

PRESENT STATE OF INTERNATIONAL LAW • In a state of transition as mankind struggles toward the millennium of harmony and order. • Many of the rules of international law are rooted in tradition, but not a few of them have yielded to new principle brought about by modern developments in international relations, such as the receding distinctions between combatants, the growing claims over the maritime domain of states, the general disapprobation of intervention, the out-lawry of war and the expansions of the horizons of man into the realm of outer space. SOURCES OF INTERNATIONAL LAW • Article 38, Statute of International Court of Justice Primary/direct sourcestreaties, conventions, customs, general principles of law. 2.) Secondary/indirect sources- decisions of courts, writings of publicists. 1.)

PRINCIPAL SOURCES: TREATIES • Generally, treaty, to be considered a direct source of international law, must be concluded by a sizable number of states and thus reflect the will or at least the consensus of the family of nations. • Ned not be entered into at the outset by a majority of the states forming the international community. • Even if originally agree upon only by a few states, may become binding upon the whole world if it is intended to lay down rules for observance by all and it is subsequently signed or acceded to the other states which thereby submit to its provisions. CUSTOM • a 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. GENERAL PRINCIPLES OF LAW • mostly derived from the law of nature and are observed by the majority of states because they are believed to be good and just. • Universal in application because of the unilateral decision of a considerable number of states to adopt and observe them in recognition of their intrinsic merit.

POLITICAL LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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SECONDARY SOURCES: DECISION OF COURTS • As long as they are a correct application and interpretation of the law of nations or undertake to establish the true rule of international law. • Doctrine of Stare Decisis not applicable in International Law. Article 59, Statute of International Court of Justice. “the decision of the Court has no binding force except between the parties and in respect to that particular case”. WRITINGS OF PUBLICITS • Must be fair and unbiased representation of international law. • By an acknowledged authority in the field.

INTERNATIONAL COMMUNITY • Body of juridical entities which are governed by the law of nations SUBJECT • entity that has rights and responsibilities under that law.

OBJECT -person or thing in respect of which rights and obligations are held obligations assumed by the subject.

• has an international personality in that it can directly assert rights and be held directly responsible under the law of nations.

-not directly governed by the rules of international law.

• it can be a proper party in transactions involving the application of the law of nations among members of international community.

-its rights are received and its respon sibilities imposed directly through the instrumentality of an intermediate agency.

and

STATES • a group of people living together in a definite territory under an independent government organized for political ends and capable of entering into international relations. ELEMENTS: 1.)

PEOPLE- human beings living within its territory - of both sexes and sufficient in number to maintain and perpetuate themselves.

POLITICAL LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

TERRITORY- fixed portion of the surface of the earth in which the people of the State reside. - necessary for jurisdictional reasons and in order to provide for the needs of the inhabitants. 2.)

GOVERNMENT- agency through which the will of the State is formulated, expressed and realized. - necessary in international law because the state must have an entity to represent it in its relations with other states.

3.)

SOVEREIGNTY- power of the State to direct its own external affairs without interference or dictation from other states.

CAPACITY OF STATES • Recognition of states is generally considered as a political act which may not be compelled. • Restricted capacity of the state to discharge international obligations, owing either to treaty commitments or to its limited resources. CLASSIFICATION OF STATES 1.) INDEPENDENT- have full international personality. 2.) DEPENDENT- usually exemplified by suzerainty and the protectorate because they do not have full control of their external relations. Types of Independent States: 1.) SIMPLE- placed under a single and centralized government exercising power over both its internal and external affairs. 2.) COMPOSITE- consists of 2 or more states, each with its own separate government but bound under a central authority exercising, to a greater or less degree, control over their external relations. Types of COMPOSITE STATES: 1.) REAL UNION- created when 2 or more states are merged under a unified authority so that they form a single international person through which they act as one entity.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

FEDERAL UNION- a combination of 2 or more sovereign states which upon merger cease to be states, resulting in the creation of a new state with full international personality to represent them in their external relations as well as a certain degree of power over their domestic affairs and their inhabitants. 3.) CONFEDERATION- an organization of states which retain their internal sovereignty and to some degree, their external sovereignty, while delegating to the collective body power to represent them as a whole for certain limited and specified purposes. 4.) PERSONAL UNION- 2 or more independent states are brought together under the rule of the same monarch, who nevertheless does not constitute one international person for the purpose or representing any or all of them. 2.)

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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RECOLETOS NOTES CENTRALIZED BAR OPERATIONS 2006

Political Law

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

RECOLETOS DE MANILA SCHOOL OF LAW

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RECOLETOS NOTES CENTRALIZED BAR OPERATIONS 2006

Political Law

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

RECOLETOS DE MANILA SCHOOL OF LAW

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RECOLETOS NOTES CENTRALIZED BAR OPERATIONS 2006

Political Law

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

RECOLETOS DE MANILA SCHOOL OF LAW

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