International Law Cheat Sheet

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ADDITIONAL

 Process of which international law is incorporated into


Doctrine of
domestic law through legislation by being concurred in by
Transformation
the senate

 Generally accepted principles of international law are


Doctrine of
automatically incorporated and adopted as part of the law
Incorporation
of the Land

 Issued by late president Corazon Aquino, it is the


Milk Code promotion of the use of breastmilk and regulation of milk
substitutes to lessen infant and child mortality
Revised  Amendment to the milk code which includes prohibiting
Implementing Rules the advertisement of breastmilk substitutes
and Regulations

Soft Law  Is a non-binding social norm adopted by states


The issue is directly connected with the doctrine of
transformation. It’s whether the DOH is acting within the
limitations of the Milk Code which is transformed from the
ICMBS to domestic or the WHA resolutions which have not
CONNECTION TO
undergone the process of legislation
INTLAW
 The respondents claim that it is acting within the scope of
the constitution through the Milk Code, but the
subsequent WHA resolutions have not undergone the
process of legislation to be part of the domestic law
*Res Judicata  The final judgement of a court

Prescription  Acquiring ownership in a specified period of time

*Pacta sunt  Principle of good faith where agreements in international


servanda law must be kept.

 Legal bar to denying or alleging a fact because of a


Estoppel
previous action or statement

*Ex aequo et  The court’s consideration of what is fair and just


bono depending on the situation

*Stare decisis  Courts will uphold the decision of earlier courts


 values considered to be fundamental to the international
*Jus Cogens
community and cannot be overridden

 Necessary in customary international law necessary in


*Opinio Juris establishing a legally binding custom
 Belief that the action is done due to legal obligation

 (INCORPORATION) Generally accepted principles of


international law are automatically incorporated and
adopted as part of the law of the Land
Connection to
INTLAW -
 The case is related to this doctrine as the Tripoli
Doctrine of
Agreement is almost exactly incorporated into the
Incorporation
Organic Act which is tailored according to the needs and
demands of the religious and tribal population of the
proposed area of autonomy.

 An agreement entered between the Philippine


Government and the Moro National Liberation Front
Tripoli establishing autonomy in the Southern Philippines, an
Agreement establishment of an autonomous government, the
incorporation of Sharia law and the observance of a
ceasefire.
INTER SE Among or between themselves

 Rights and obligations are only limited to certain parties

AUSTIN’S THEORY Law is laid down by a political sovereign and is enforced with a
OF LAW sanction

AUSTIN’S DILEMMA Because the world is in anarchy, there is no supreme ruler to lay down
international law. It also lacks an effective enforcement mechanism.

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