interantional law template[1]

8/6/2019 Interantional Law Template[1]

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POLITICAL LAW COMMITTEECHAIRMAN: 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

RECOLETOS NOTESCENTRALIZED BAR OPERATIONS 2006

Political Law

INTERNATIONAL LAW

• “A body of rules and principles of action which are binding uponcivilized states in their relations with one another”.

• According to Schwarzenberger: “Body of legal rules which applybetween sovereign states and such other entities as have beengranted 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 beregulated under the laws of peace.

PRIVATE OR MUNICIPAL LAW PUBLIC INTERNATIONAL LAW

1.) issued by a political superior - not imposed upon but adopted byfor the observance by those under states as a common rule of actionits authority. among themselves.

2.) consists mainly of enactments - derived not from any particularfrom the law-making authority legislation but from such sourcesof each state. as international customs, international

conventions and general principles of law.

3.) regulates the relations of indi- - applies to the relations inter se of viduals among themselves or with states and other international personstheir own states.

4.) violations of municipal law - questions of international law areare redressed through local ad- resolved through state-to-state tran-ministrative and judicial processes. sactions.

5.) breaches of municipal law - responsibility for infractions of in-generally entail only individual ternational law is usually collective;responsibility. It attaches directly to the state and not to

its nationals.

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DOCTRINE OF INCORPORATION

• by affirming their recognition of the principles of international law intheir 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 partof 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 perse binding upon the state but must first be embodied in legislationenacted by the lawmaking body and so transformed into municipal law.

• only when so transformed will they become binding upon the state aspart of its municipal law.

CONSTITUTION TREATY

• most Constitutions contain - generally, it isrejected in

provisions empowering the judi- the local forum but isupheldciary to annul treaties and the by internationaltribunals as alegislative to supersede them with demandable obligationof thestatutes, thereby establishing the signatories underthe maximprimacy of the local law over the pacta sunt servanda.international law.

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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 conductindependent of positive enactment and even of special divinerevelation and binding always and everywhere in view of its intrinsicreasonableness”.

• 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 isnecessary to make it binding on the states it purports to govern, sothat any state withholding its consent can disclaim any responsibility of observance.

ECLECTICS OR THE GROTIANS led by Emerich de Vattel and ChristianWolff

• 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 thesystem of international law is based on “the dictate of right reason” aswell as “the practice of states”.

• Insofar as it conformed to the dictates of right reason, the voluntarylaw 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 beobserved, especially in the absence of some coercive influence todictate obedience.

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1.)inherent reasonableness of international law and in their commoncondition that its observance will redound to the welfare of the wholesociety of nations.

2.)normal habits of obedience ingrained in the nature of man as a socialbeing.

3.) respect for world opinion held by most states, or heir desire to projectan agreeable public image in order to maintain he goodwill andfavorable regard of the rest of the family of nations.

4.) constant and reasonable fear that violations of international law mightvisit 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 inthese

bodies, which may thereafter adopt such measures as may be necessaryto compel compliance with international obligations or vindicate thewrong committed.

INTERNATIONAL MORALITY OR ETHICS

• Principles which govern the relations of states from the higherstandpoint of conscience, morality, justice and humanity.

• Similar to the law of nature.

INTERNATIONAL COMITY

• Rules of courtesy observed by states in their mutual relations, inthat violations of its precepts are not regarded as constitutinggrounds 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 theconduct 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 therelations and activities of national and international agencieswith respect to those material and intellectual interests whichhave received an authoritative universal recognition.

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PRESENT STATE OF INTERNATIONAL LAW

• In a state of transition as mankind struggles toward themillennium of harmony and order.

• Many of the rules of international law are rooted in tradition, butnot a few of them have yielded to new principle brought about bymodern developments in international relations, such as thereceding distinctions between combatants, the growing claimsover the maritime domain of states, the general disapprobation

of intervention, the out-lawry of war and the expansions of thehorizons of man into the realm of outer space.

SOURCES OF INTERNATIONAL LAW

• Article 38, Statute of International Court of Justice

1.) Primary/direct sources - treaties, conventions, customs, generalprinciples of law.

2.) Secondary/indirect sources - decisions of courts, writings of publicists.

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 thewill or at least the consensus of the family of nations.

• Ned not be entered into at the outset by a majority of the statesforming the international community.

• Even if originally agree upon only by a few states, may becomebinding upon the whole world if it is intended to lay down rules forobservance by all and it is subsequently signed or acceded to the otherstates which thereby submit to its provisions.

CUSTOM

• a practice which has grown up between states and has come to beaccepted as binding by the mere fact of persistent usage over a longperiod of time.

GENERAL PRINCIPLES OF LAW

• mostly derived from the law of nature and are observed by themajority 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 inrecognition of their intrinsic merit.

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SECONDARY SOURCES:DECISION OF COURTS

• As long as they are a correct application and interpretation of the lawof 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 theCourt has no binding force except between the parties and in respect tothat 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 OBJECT • entity that has rights and -person or thing in respect of whichresponsibilities under that law. rights and obligations are held and

obligations assumed by the subject.

• has an international personality -not directly governed by the rulesin that it can directly assert rights and of international law.be held directly responsible under thelaw of nations.

• it can be a proper party in tran- -its rights are received and its responsactions involving the application sibilities imposed directly throughof the law of nations among mem- the instrumentality of an interme-

bers of international community. diate agency.

STATES

• a group of people living together in a definite territory under anindependent 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 andperpetuate themselves.

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TERRITORY- fixed portion of the surface of the earth in which the peopleof 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 isformulated,

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 affairswithout interference or dictation from other states.

CAPACITY OF STATES

• Recognition of states is generally considered as a political act whichmay not be compelled.

• Restricted capacity of the state to discharge international obligations,

owing either to treaty commitments or to its limited resources.

CLASSIFICATION OF STATES1.) 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 agreater 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 personthrough which they act as one entity.

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2.) FEDERAL UNION - a combination of 2 or more sovereign states whichupon merger cease to be states, resulting in the creation of a newstate with full international personality to represent them in theirexternal relations as well as a certain degree of power over theirdomestic affairs and their inhabitants.

3.) CONFEDERATION - an organization of states which retain their internalsovereignty and to some degree, their external sovereignty, whiledelegating to the collective body power to represent them as a wholefor certain limited and specified purposes.

4.) PERSONAL UNION- 2 or more independent states are brought togetherunder the rule of the same monarch, who nevertheless does notconstitute one international person for the purpose or representing anyor all of them.

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interantional law template[1]

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