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Friday, July 27, 2012

Helpful information on Public International Law


Dear Readers,
Here are some notes on Public International Law for your review which I was able to gather after taking up a class.  I hope that this helps in increasing your knowledge of law.

What is Public International Law?
&nusp;         This is the body of legal rules, which apply between sovereign states and such other entities as have been granted international personality.

Can you distinguish the difference between PRIVATE INTERNATIONAL LAW and  PUBLIC INTERNATIONAL LAW ?

Private International Law
 (1.) Issued by a political superior for observance by those under its authority
(2.) Consists mainly of enactments from the lawmaking authority of each state
(3.) Regulates the relations of individuals among themselves or with their own states
(4.) Violations of municipal law are redressed through local administrative and judicial processes
(5.) Breaches of municipal law generally entail only individual responsibility


Public International Law

(1.) Is not imposed upon but simply adopted by states as a common rule of action among themselves.
 (2.) Is derived not from any particular legislation but from such sources as international
customs, international conventions and the general principles of law
 (3.) Applies to the relations inter se of states and other international persons
 (4.) Questions of public international law are resolved through state-to-state transactions ranging from peaceful methods like negotiations and arbitration to the hostile arbitrate
due to force like war.
(5.) Responsibility for infractions of international law is usually collective in the sense that it attaches directly to the state and not to its nationals

A. DOCTRINE OF INCORPORATION
Art. II, Sec. 2 1987 Phil. 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 thepolicy of peace, equality, justice, freedom,cooperation, and amity with all nations.


B. DOCTRINE OF TRANSFORMATION
-the generally accepted rules of international law are not per se binding uponthe state but must first be embodied in the legislation enacted by the lawmaking bodyand so ransformed into municipal law. Onlywhen so transformed will they become binding upon the state as part of its municipallaw.

C.PACTA SUNT SERVANDA
– in International law, treaties and executive agreements are equally bindingcommitments of the contracting states underthe maxim pacta sunt servanda. Every state has the duty to carry out in good faith its obligations arising from treaties or other sources of international law, and it may notinvoke provisions in its constitution or its lawsas an excuse for failure to perform this duty.

Q: In case of irreconcilable conflict between a treaty and a municipal constitution, whichshould prevail?
A:
1. From the viewpoint of the world, international law ought to prevail to avoid international embarrassment and to preventcharges of International deliquency. The State must accordingly update its municipalconstitution.

2 From the viewpoint of the State itself, it would seem that most constitutions (including our own) provide that a treaty may be declaredunconstitutional by a State’s own national
courts; though of course it should also be evident that the decision of a national court,
while binding on municipal authorities wouldhave NO international effect, for indeed it is a
settled principle of international law that a
sovereign cannot be permitted to set up itsmunicipal law against a claim founded on
international law.

What is the basis of international law?

A. Law of Nature-there is a natural and universal principle of right and wrong,independent of any mutual intercourse or compact.

B. Positivist Theory-the bindingforce of international law is derived from the agreement of sovereignstates to be bound by it. It is not alaw of subordination but of coordination.

C. Eclectic Theory-proposes that both the law of nature and the consent of States serve as basis of international law; to the effect that the system of international law isbased on the dictate of right reason as well as the practice of states.

What is the purpose of the observation of Public International Law?

 States observed Public International Law because of the following:

First,belief in the reasonableness of the Law of Nations, second,fear of being unconventional , and third,,fear of reprisal from other states.  Its functions are to:

A. the maintenance of international peace and order;

B. the protection of State rights and offundamental human rights thrusanctions, both peaceful and coercive;

C. the economic, social, cultural and technological development of states and such other entities as may be possessed of an international personality.

Q: If a Filipino acquires lawfully a parcel of private land and later becomes an American citizen, what happens to his ownership over the
land?

A: The person’s ownership over the landcontinues but the land, except in the caseof hereditary succession may be transferred only to individuals, corporations or associations qualified to acquire or hold lands of the public domain.

What are the several sources of Public International Law?

Its primary sources are treaties, customart practices which has grown up between states and hascome to be accepted as binding bythe mere fact of persistent usage over a long period of time. general principles of law derived from the law of nature and are observed by the majority of states because they arebelieved to be good and just (e.g.prescription, estoppel, consent, res judicata and pacta sunt servanda).

Its secondary sources are decisions of international, tribunals and writings and teachings of most highly qualified publicists.

Here are some important terms to remember:

EX AEQUO ET BONO – this is the basis for a decision by an international tribunalon the grounds of justice and fairness.
ANGARY -the right of a belligerent state, in time of war, to make use of the property of neutral states, located withinthe territorial jurisdiction of the belligerent, upon payment of reasonableand just compensation.
BLOCKADE -the isolation by a warringnation of an enemy area (as a harbor) bytroops or warships to prevent passage ofpersons or supplies.

More to follow is information from subjects of International Community.
Source:Lectures

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