INTERNATIONAL LAW International Law traditional definition is that these are body of rules and principles of actions which

h are binding upon civilized states in relations to one another. STATES are the sole actors in this definition. However, today while sovereign states are principally the subject of international law, they are now joined by international organizations and even by individuals, who customarily are objects of international law, e . Are inco!plete subjects li"e Taiwan and the Sovereign #rder of $alta, the Holy See and the %atican &ity. 'rief Historical (evelop!ent of )nternational *aw+ ,. -o!an e changes of diplo!atic e!issaries peace treaties etc. .rogressive rules of jus gentiu! beca!e a law co!!on to all !en in the vast ro!an e!pire/ 0. $odern )nternational *aw began with the birth of nation states in the !edieval ti!es and the following are so!e significant !ilestone in the develop!ent of international law+ .eace of 1estphalia which ended the 23 year war in ,4,56,475 gave rise to the principle of pacta sunt servanda/ &ongress of %ienna ,5,8 which ended the 9apoleonic 1ars/ &ovenant of *eague of 9ations ,:03 which included the treaty of %ersailles which ended world war ) and created the .er!anente &ourt of )nternational ;ustice/ <ounding of the =9 in ,:78 as an after!ath of 110 The &old 1ar .eriod/ (issolution of the Soviet =nion which lead to the e!ergence of international relations based on !ultiple sources of power and not !ainly based on ideology/

O!R"E O# INTERNATIONAL LAW ,. "ustoms or customary law general and consistent practice of states followed by the! fro! a senses of legal obligations >opinio juris?/

0 Things !ust be considered the @,A !aterial factor practice of states, the duration is irrelevant what is i!portant is to show that there is a general recognition that a rule of law or legal obligation is involved @0A the subjective factor , why do states behave they do

 once the e istence of such practice is established it beco!es necessary to deter!ine why the states behave the way they do if it the custo!s arise fro! a senses of opinion juris then it beco!es and international law or rule.

E$% .aBuete Havana &ase e e!ption of fishing vessels fro! capture as a price of war/

&rinci'le of (! "O)EN &usto!ary international law, which has the status of 'erem'tory norm that is accepted and recognized by the international co!!unity of states as a RULE, fro! which no derogation is per!itted and which can be !odified only by the subseBuent nor! having the sa!e character. EC+ slave trade, piracy, terroris!. Accordingly, a treaty whose provisions contravene such nor!sDrules !ay be invalidated.

Asylum Case between Peru and Colombia

&an a dissenting state be bound by custo!s as an international lawE *es, e cept when it could establish that it has consistently objected to it while in the process of for!ation.

&an there be an instant custom as a source of international lawE #bviously this is not borne by continued and prolonged use rather it co!es about as a spontaneous activity of a great nu!ber of states supporting as specific line of action. E . After!ath of :D,, classifying the incident as an ar!ed attac" under article 8, of the =9 &harter and therefore justifying "OLLE"TI+E EL# ,E#EN E.

0. Treaties or International A-reements under the principles of pacta sunt servanda. .ri!arily governed by the ,:4: %ienna &onvention on the laws of Treaties it entered into force in the ,:53 >.ending is the convention of the law of treaties between states and international organizations or 'etween international organizations adopted in ,:54 and will co!e into force 23 days after the 28th ratification or accession of states?

What is a treaty. / an international agree!ent concluded between states in written for! and governed by the international law, whether e!bodied in a single or in two or !ore instru!ents and whatever its particular designation.

&rinci'le of &acta unt ervanda / treaties !ust be observed in good faith. )f necessary, the state concerned !ust !odify its national legislation and constitution to !a"e the! confor! to the treaty, in order to avoid international e!barrass!ent. )n the .hils., however, treaties !ay be declared invalid if contrary to the &onstitution. O#T LAW 0 non treaty agree!ents, these are international agree!ents not concluded as treaties and therefore not covered by the %ienna &onvention on the *aw of Treaties. The %ienna convention allows -ESE-%AT)#9S to treaty stipulations. Can a treaty be invalidated? *es usually the grounds for invalidation of contracts apply e . Errors, fraud, corruption and duress OR +IOLATION O# (! "O)EN or the pere!ptory nor!s of general international law. "an a treaty be terminated. *es ,. E pirations 0. $aterial breach 2. )!possibility of perfor!ance 7. &hange in funda!ental conditions @rebus sic stantibusA

2. Feneral principles of law recognized by civilized states this refers not to principles of international law but 1!NI"I&AL LAW co!!on to the legal syste! of the world. $ost of these principles however have beco!e part of custo!ary laws or have been incorporated into conventional international law/ 7. (udicial decision of international courts but this is binding only between the parties, therefore the principles of stare decisis do not apply. 8. Teachings of highly Bualified publicists/ 4. EBuity E . &ase between 9etherlands and 'elgiu! issue is the diversion of water fro! the $euse/ Kinds Equity intra legem (within the law) Praeter legem (beyond the law) Contra legem (against the law) ,ivisions of International Law2

3% Laws of &eace 4% Laws of War 5% Laws of Neutrality INTERNATIONAL LAW vs% 1!NI"I&AL LAW 6 correlate with doctrine of incorporation and auto li!itation. 1L is issued by a political superior for observance by those under its authority/ IL is not i!posed but adopted by states as a co!!on rule of action. 1L consists of enact!ents of the law6!a"ing authority/ IL is derived fro! such sources as international custo!s, conventions, or general principles of law. 1L regulates relations of individuals/ IL applies to relations between states and international persons. 1L is redressed through local judicial and ad!inistrative processes/ IL is resolved through state6to6state transactions. 1L entails individual responsibility/ IL entails collective responsibility

,octrine of Incor'oration decrees that rules of international law are given eBual standing with, but are not superior to national legislative enact!ents. This is e pressed in Sec. 0, Art. )) of the &onstitution the Phils 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. A treaty may re'eal a statute, and a statute may re'eal a treaty2 thus, the 'rinci'le of le$ 'osterior dero-ate 'riori, that which co!es last in ti!e, will usually upheld by the !unicipal tribunal.

A"T O# TATE ,O"TRINE / !nderhill vs% 6ernande7 839:;< 0 every state is bound to respect the independence of every sovereign states and the courts of one country will not sit down in judge!ent on the acts of the govern!ent of the another, done within its territory. -edress of grievances by reason of such acts !ust be obtained through !eans open to be availed of by sovereign powers as between the!selves.

TATE RE &ON I=ILIT*

!=(E"T vs% O=(E"T O# INTERNATIONAL LAW !=(E"T ,. States 0. &olonies and dependencies 2. $andates and trust territories 7. %atican 8. =9 4. 'elligerent &o!!unities G. )nternational Ad!inistrative 'odies 5. )ndividuals to a certain e tent

TATE Tobar or Wilson ,octrine / .recludes the recognition of any govern!ent co!ing into e istence by revolutionary !eans until the freely elected representatives of the people have organized a constitutional govern!ent Estrada ,octrine dealing with whatever govern!ent is in effective control without raising the issue of recognition timson ,octrine .recludes the recognition of any govern!ent established as a result of e ternal aggression #undamental ri-hts of a tate ,. e istence and self preservation 0. sovereignty and independence 2. eBuality 7. territorial integrity and jurisdiction

8. legation or diplo!atic intercourse O=(E"T )n traditional concepts, individuals are generally considered #';E&TS #< )9TE-9AT)#9A* *A1, as such they do not posses international and legal rights which they could assert on their own, whatever wrongs co!!itted against the! can be redressed only by states or organization with international legal personality. TAN,AR, #OR T6E &ROTE"TION O# ALIEN 1inimum international tandard as defined in ! vs% 1E>I"O 3:4? 8 Neer "laim shot to death by armed man in 1e$ico < the treat!ent of alien in order to constitute an international delinBuency should a!ount to an outrage, to bad faith, to wilful neglect of duty or to an insufficiency of govern!ental action so far short of international standards that every reasonable and i!partial !an would recognize its insufficiency. ,O"TRINE O# TATE RE &ON =ILIT* when an injury has been inflicted to a national of another state within the territory of another, there is a need to deter!ine whether the state can be held liable. 1hen it co!!its an internationally wron-ful act then it beco!es liable. nternationally wrongful act of a state is when a conduct consisting of an act or omission is attri!uta!le to the state under international law and constitutes a !reach of an international o!ligation.