International Law Distinction with Municipal Law 2.

Legitimacy: Municipal law consists of

§ Body of legal rules which apply between 1. Monists enactments from the lawmaking
sovereign states and such other entities - Believes in the oneness or unity of all authority of each state
as have been granted international law.
personality International Law is derived not from
- The monist approach holds that any particular legislation but from such
§ “Law of Nations” international law and domestic law sources as international customs,
form a single, unified legal system. international conventions, and the
Divisions of International Law general principles of law.
1. Laws of peace In a monist state, international law is
§ govern the normal relations of automatically part of national law and 3. Regulation: Municipal law regulates the
states requires no special legislative act for relations of individuals among
implementation. themselves or with their own states
2. Laws of War
§ When war breaks out between or 2. Dualists International Law applies to the
among some of them, the - Believes in the dichotomy of the law relations inter se of states and other
relations of these states cease to -The dualist theory maintains that international persons
be regulated under the laws of international law and domestic law are
peace and come under the laws distinct systems. Under this view, 4. Redress: Municipal Law is redressed
of war for the duration of the international law does not automatically through local administrative and
hostilities. become part of domestic law. judicial processes

3. Laws of Neutrality Municipal Law vs international Law International law is resolved through
§ Those states not involved in the 1. Authority: Municipal law is issued by a state-to-state transactions ranging from
war continue to be regulated political superior for observance by peaceful methods like negotiations and
under the laws of peace in their those under its authority arbitration to the hostile arbitrament of
relations inter se. force like reprisals and even war.
§ Relations with belligerents, or International Law is not imposed upon
those involved in the war, are but simply adopted by states as a 5. Breaches: Municipal Law breaches
governed by the laws of common rule of action among generally entail only individual
neutrality. themselves. responsibility

International Law is weaker than International law is usually collective in

municipal law. the sense that it attaches directly to the
state and not to its nationals.
 Biosafety; Convention on Biological
§ However, it is possible for a principle of Example: Treaties Diversity
municipal law to become part of
international law as when the principle is § Doctrine of Transformation: The long-term economic progress is only
embodied in a treaty or convention. - Requires that an international law ensured if it is linked with the protection
(e.g. Hague Convention and Genveva be transformed into a domestic law of the environment
Convention) through a constitutional mechanism
such as local legislation for it to Sovereign Independence Principle
become binding upon the state as - It asserts that each state has the right
Relation to Municipal Law part of its municipal law. to govern itself without interference
§ The law of nations (international law), from other states and international
although not specially adopted by the 2 Elements of Doctrine of Incorporation actors. This principle is rooted in the idea
Constitution, or any municipal act, is (Customary Rules) of sovereignty, which is the supreme
essentially a part of the law of the land. authority a state has over its territory,
Its obligation commences and runs with 1. Established, widespread, and consistent population, and government.
the existence of a nation. state practice
2. Opinion Juris sive necessitates (opinion
§ Doctrine of Incorporation: as to law or necessity) Statutes enjoy preeminence over international
- Affirming their recognition of the agreements. In case of conflict between a law
principles of international law in their – a belief that the practice in question is and a treaty, it is the statute that must prevail.
constitutions. rendered obligatory by the existence of
a rule of law requiring it
Example: The PH renounces war as an Basis of International Law
instrument of national policy, adopts It must be established that such rule as 1. Law of Nature
the generally accepted principles of being followed by states because they - “Higher Law” or “A rule of human
international law as part of the law of consider it obligatory to comply with conduct independent of positive
the land and adheres to the policy of such rules. enactment and even of special divine
peace, equality, justice, freedom, revelation, and binding always and
cooperation, and amity with all Precautionary Principle everywhere in view of its intrinsic
nations. § Governments are obligated to “forsee reasonableness.
and forestall” harm to the environment.
- Applies when by mere - There is a “natural and universal
constitutional declaration, Ex: Rio Declaration on Environment and principle of right and wrong,
international law is deemed to have Development; Cartagena Protocol on independent of any mutual intercourse
the force of domestic law. or compact” which is supposed to be
 discovered and recognized by every through mechanisms like comity and respect for • Challenges to Enforcement: While
individual through the use of his reason the rights of others. norms are well-established in areas like
and conscience. human rights and trade, enforcement
International Morality: Reflects ethical remains a major challenge due to the
- International law as thus viewed is principles that guide behavior but are not lack of centralized authority.
therefore not a law between but above enforceable by law. It often influences state
states. conduct in ways that go beyond legal • Adaptation to New Threats:
obligations, pushing states toward morally International law is evolving to address
2. Positivist responsible actions even when no legal duty emerging issues such as climate change,
- The binding force of international law is exists. cybersecurity, and digital governance,
derived from the agreement of but these areas remain underdeveloped
sovereign states to be bound by its. It is International Diplomacy: Is the practical tool
not a law of subordination but of used by states to navigate international Jus Cogens – Compelling Law which holds the
coordination relations, resolve conflicts, and build consensus. highest hierarchical position among all other
3. Eclectics Diplomacy can be influenced by moral principles customary norms and principles. Jus cogens
- Offer both the law of nature and the but is primarily concerned with achieving norms are “peremptory and non-derogable”
consent of states as the basis of practical outcomes through negotiation.
international law. Pacta sunt servanda – a fundamental principle
International Administrative Law: Deals with in international law and contract law, derived
- Dictate of right reasons and practice of the internal governance of international from Latin, meaning "agreements must be
states organizations and is more technical, focusing on kept" or "contracts must be honored."
the legal rules governing the functioning of
Law of Nature: Provides the moral foundation global institutions. It has less to do with state- This principle holds that agreements and
for the conduct of states, ensuring that there is to-state relations and more with the operational treaties entered into by states or parties are
a universal standard (like human rights) that aspects of international organizations. legally binding and must be executed in good
transcends sovereignty. faith.
Current Trends in International Law
International Comity: Operates as a soft-law • Globalization vs. Fragmentation: Res judicata – a legal doctrine that means "a
principle guiding states to act in a spirit of International law is adapting to a more matter [already] judged" in Latin. It prevents the
cooperation and mutual respect, even without • multipolar world, where rising powers same case or issue from being tried again once
binding obligations. and non-state actors challenge the a court has issued a final judgment on the
traditional Western-dominated legal merits.
Sovereign Independence: Affirms that each order.
state retains autonomy over its affairs, but it
must also navigate the international legal order
The principle is designed to promote finality, land (spiritual and otherwise) that have been Suspension of UN membership
legal certainty, and judicial efficiency by forcibly incorporated into a larger governing - Suspension is effected by 2/3 of those present
avoiding repetitive litigation. society. and voting in the General Assembly upon the
favorable recommendation of at least nine
Stare decisis – a legal doctrine that means "to - They are the living descendants of pre-invasion members of the Security Council, including all its
stand by things decided" in Latin. It refers to the inhabitants of lands now dominated by others. permanent members. The suspension may be
principle that courts should follow legal lifted alone by the Security Council, also by a
precedents, or previous judicial decisions, when - Culturally distinctive groups that find qualified majority vote.
ruling on cases with similar facts or legal issues. themselves engulfed by settler societies born of
the forces of empire and conquest. - Suspended members are prevented to
This principle promotes consistency, participate in the meetings of the General
predictability, and stability in the law by Assembly or from being elected to or continuing
ensuring that similar cases are treated similarly CHAPTER 4 to serve in the Security Council, the Economic
over time. UNITED NATIONS and Social Council or the Trusteeship Council.

FOUNDLINGS - emerged after WWII

- It is a generally accepted principle of - October 24, 1945 Expulsion of Members
international law to presume foundlings as - envisioned as the answer to the universal - If a member has persistently violated the
having been born of nationals of the country in yearning for peace and friendship among all principles contained in the Charter
which the foundling is found. peoples regardless of color or creed. - Voted 2/3 of those present and voting in the
- 51 original members; now 193 members General Assembly upon the recommendation of
Internal Self-Determination – a people’s pursuit the Security Council by a qualified majority vote
of its political, economic, social, and cultural Requisites for UN membership - It would be like a cancerous growth which it
development within the framework of an 1. It must be a state would be better to remove completely than to
existing state. 2. It must be peace-loving allow to remain in the body of the organization
3. It must accept the obligations of the and persist in its influence.
External Self-Determination – refers to the right Charter
of a people to determine their status in the 4. It must be able to carry out these Organs of the UN
international community, which can include obligations
secession from an existing state and the 5. Recommendation by the UN 1. General Assembly
creation of a new independent state or the Security Council a. Deliberative
choice to unite with another state. 6. Decision of the General Assembly b. Supervisory
c. Financial
Indigenous People – refer to groups with d. Elective
distinct cultures, histories, and connections to e. Constituent
2. Security Council 7. Consideration of New Members: 2. Agenda Setting: Establishes a global
- For substantive matters, a resolution Recommends the admission of new agenda on pressing economic and social
requires at least 9 affirmative votes and member states to the UN. issues.
cannot be vetoed by any of the 5 8. International Justice: Refers cases to the 3. Monitoring and Reporting: Assesses
permanent members (the U.S., U.K., International Criminal Court (ICC) for progress on international development
France, Russia, and China). prosecution of war crimes. goals, including the Sustainable
9. Promotion of Human Rights: Addresses Development Goals (SDGs).
- UNSC is a pivotal body within the UN human rights issues that threaten 4. Forum for Discussion: Provides a
framework, tasked with taking decisive international stability. platform for dialogue among member
actions to promote peace, prevent 10. Responding to Threats: Addresses states and stakeholders on economic
conflicts, and respond to crises that threats like terrorism and weapons and social challenges.
threaten global stability. Its unique proliferation. 5. Capacity Building: Offers technical
powers, particularly the ability to impose assistance and support to member
sanctions and authorize military force, states for effective policy
make it one of the most influential 3. Economic and Social Council implementation.
entities in international relations. 6. Collaboration: Works with specialized
ECOSOC plays a vital role in fostering UN agencies, like WHO and the World
1. Preventive Diplomacy: Engages in international cooperation on economic Bank, to align efforts on development.
diplomatic efforts to prevent conflicts. and social issues, promoting 7. Conducting Research: Analyzes
2. Conflict Resolution: Mediates disputes sustainable development, and economic and social trends to provide
and promotes peace agreements. providing a platform for dialogue and insights and recommendations.
3. Imposition of Sanctions: Can impose collaboration among various 8. Promoting Sustainable Development:
economic sanctions, travel bans, and stakeholders. Its functions are crucial for Addresses the social, economic, and
arms embargoes on countries violating advancing the global development environmental aspects of sustainable
international law. agenda and addressing the development.
4. Authorization of Use of Force: Approves interconnected challenges facing 9. Supporting Civil Society Engagement:
military intervention and peacekeeping countries worldwide. Encourages participation from NGOs and
missions. civil society in its activities.
5. Establishment of Peacekeeping 10. High-Level Meetings: Organizes global
Operations: Creates missions to monitor 1. Policy Coordination: Coordinates efforts forums for leaders to discuss and
ceasefires and protect civilians in conflict on economic and social development address development challenges.
zones. issues among UN agencies and
6. Investigation and Fact-Finding: programs.
Investigates disputes and sends missions
to gather information.
4. Trusteeship Council the reports submitted by matters. With no remaining trust territories, the
administering authorities. Council's role has effectively concluded.
1. Oversight of Trust Territories: 7. Advisory Role:
o Monitors the administration of o Provides advice and guidance to 5. International Court of Justice
trust territories to ensure that administering authorities on
they are administered in the best matters related to the 1. Resolution of Disputes: Settles legal
interests of their inhabitants. governance and development of disputes between sovereign states
2. Promotion of Self-Governance: trust territories. based on international law.
o Encourages the development of 8. Promotion of Human Rights: 2. Advisory Opinions: Provides non-
self-governing institutions and o Advocates for the human rights binding legal advice on questions
political structures in trust of the inhabitants of trust referred by UN organs and specialized
territories, preparing them for territories, ensuring their voices agencies.
independence. are heard in matters affecting 3. Interpretation of International Law:
3. Reports and Recommendations: them. Clarifies treaties, conventions, and
o Receives reports from 9. Enabling International Cooperation: customary law, helping to refine legal
administering authorities on the o Facilitates international standards.
political, economic, social, and cooperation for the development 4. Application of Treaties: Adjudicates
educational progress of trust and political stability of trust cases related to the interpretation and
territories and makes territories. application of international treaties.
recommendations. 10. Suspension of Operations: 5. Promotion of Peaceful Settlement:
4. Facilitation of Development: o The Council's activities were Encourages conflict resolution through
o Supports the economic and largely suspended after the legal means, contributing to global
social development of trust independence of Palau in 1994, stability.
territories, ensuring that as there are no remaining trust 6. Enforcement of Judgments: While it can
residents have access to territories under its purview. issue binding decisions, it lacks
education, health care, and enforcement power and relies on state
economic opportunities. The UN Trusteeship Council was responsible for cooperation.
5. Coordination with Other UN Bodies: overseeing trust territories, promoting self- 7. Case Management: Establishes rules for
o Collaborates with other UN governance, facilitating development, and proceedings and determines the
agencies and programs to advocating for human rights. Although it has admissibility of cases.
facilitate development efforts in suspended its operations since the last trust 8. Judicial Independence: Operates
trust territories. territory became independent in 1994, its main independently from other UN bodies to
6. Periodic Meetings: functions included monitoring, reporting, and ensure impartiality.
o Holds regular sessions to review advising on governance and development
the status of trust territories and
 9. Multilateral Treaties: Addresses issues shape international responses to global 5. Practical Implications: This principle
arising under multilateral treaties challenges. facilitates consistency in international
involving multiple parties. law, affecting diplomatic recognition,
10. Education and Promotion: Fosters Subsidiary organs of the UN property rights, and territorial claims.
understanding of international law 1. Military Staff Committee
through its rulings and advisory 2. International Law Commission Succession of Governments
opinions. 3. Commission on Human Rights
Types of Succession:
6. Secretariat Specialized Agencies which are not part of the
UN but are brought into close contact with it • Legitimate Succession: Occurs
Administration: Managing meetings, because of their purposes and functions through constitutional means (e.g.,
preparing reports, and implementing elections).
decisions from the General Assembly 1. WHO • Illegitimate Succession: Involves
and Security Council. 2. IMF forceful takeovers (e.g., coups).
Information and Analysis: Providing 3. Technical Assistance Board
insights and research on global issues to Recognition: Other states must decide
member states and other UN bodies. whether to recognize the new government,
Policy Implementation: Overseeing the which can depend on the legitimacy of the
execution of policies and humanitarian CHAPTER 5 succession process.
responses. THE CONCEPT OF THE STATE
Facilitation of Cooperation: Promoting Continuity of Treaties: In legitimate
dialogue among member states on Principle of State Continuity successions, treaties may continue to bind
international issues. 1. Legal Identity: A state retains its identity the state, while illegitimate governments
Diplomatic Advocacy: Engaging in despite government changes, ensuring may face challenges in maintaining
conflict mediation and promoting stability in international relations. commitments.
international norms. 2. Treaty Recognition: Treaties remain
binding even if the government changes, State Obligations: The principle of state
The UN Secretariat plays a vital role in preserving international commitments. continuity means that a state remains
the functioning of the UN by providing 3. State Succession: In cases of succession, responsible for its international obligations,
administrative support, facilitating the principle helps determine which regardless of government changes.
international cooperation, and rights and obligations are transferred to
implementing decisions made by the new state. Impact on Citizens: Changes in government
member states. While it has limited 4. Sovereignty: It reinforces the notion of can affect domestic policy, governance
power compared to other UN organs, its sovereignty by affirming the enduring styles, and citizen rights.
influence and capacity for diplomacy can nature of the state as a legal entity.
 CHAPTER 6 international law, and by which they manifest Stimson Principle
RECOGNITION therefore their intention to consider it a - Not to recognize any situation, treaty or
member of the international community. agreement which may be brought about by
Objects of Recognition means contrary to the Covenant of the League
- Recognition may be extended to a state, Recognition of Governments of Nations or to the Pact of Paris
government, or a belligerent community - Free act by which one or several states
- Recognition of a state is irrevocable but acknowledge that a person or a group of Estrada Doctrine
recognition of a government may be withdrawn. persons is capable of binding the state which - The Mexican Government declared that it
- Recognition of belligerency does not produce they claim to represent and witness their would, as it saw fit, continue or terminate its
the same effects as the recognition of states and intention to enter into relations with them. relations with any country in which a political
governments because the rebels are accorded upheaval had taken place “and in so doing it
international personality only in connection 3 Kinds of De Facto Governments does not pronounce judgement, either
with the hostilities they are waging. 1. That which is established by the precipitately or a posteriori, regarding the right
inhabitants who rise in revolt against of foreign nations to accept, maintain, or
and depose the legitimate regime replace their governments or authorities.
Kinds of Recognition 2. That which is established in the course of
1. Express – verbal or in writing. (formal war by the invading forces of one Practice of Most States
proclamation, announcement, stipulation in a belligerent in the territory of the other - Extend recognition to a new government only
treaty, letter or telegram, or on the occasion of belligerent, the government of which is if it is shown that it has control of the
an official call or conference) also displaced. administrative machinery of the state with
3. That which is established by the popular acquiescence and that it is willing to
2. Implied – when the recognizing state enters inhabitants of a state who secede comply with its international obligations.
into official intercourse with the new member therefrom without overthrowing its
by exchanging diplomatic representatives with government Requirements of a De Jure Government
it, concluding with it a bipartite treaty dealing Recognition
comprehensively with their relations in general Tobar or Wilson Principle
or, by acknowledging its flag or otherwise - Recognition shall not be extended to any 1. Objective Test – imports that the
entering into formal relations with it. government established by revolution, civil war, government must be able to maintain
coup d’etat or other forms of internal violence order within the state and to repel
Recognition of States until the freely elected representatives of the external aggression.
- Free act by which one or more states people have organized a constitutional
acknowledge the existence on a definite government 2. Subjective Test – Employed for the
territory of a human society politically purpose of justifying the withholding of
organized, independent of any existing state, recognition from a government that is
and capable of observing the obligations of politically unacceptable.
 Factors to Recognize Belligerent Community establish blockades, maintain prize courts, and
1. Recognition de jure is relatively 1. There must be an organized civil government take other allowable war measures.
permanent; recognition de facto is directing the rebel forces
provisional. 2. The rebels must occupy a substantial portion
of the territory of the state.
2. Recognition de jure vests title in the 3. The conflict between the legitimate
government to its properties abroad; government and the rebels must be serious,
recognition de facto does not. making the outcome uncertain.
4. The rebels must be willing and able to observe
3. Recognition de jure rings about full the laws of war
diplomatic relations; recognition de
facto is limited to certain juridical Consequences of Recognition of Belligerency
relations - Upon recognition by the parent state, the
belligerent community is considered a separate
Effects of Recognition of State and state for purposes of the conflict it is waging
Governments against the legitimate government.

1. Full Diplomatic relations are established - Their relations with each other shall,
2. The recognized state or government thenceforth, and for the duration of the
acquires the right to sue in the courts of hostilities, be governed by the laws of war, and
the recognizing state their relations with other states shall be subject
to the laws of neutrality.
Recognition of Belligerency
- Belligerency exists when the inhabitants of a - Thus, the troops of either belligerent, when
state rise up in arms for the purpose of captured, shall be treated as prisoners of war,
overthrowing the legitimate government. and the parent state shall no longer be liable for
- Insurgency is the initial stage of belligerency, any damage that may be cause to third states by
which is more serious and widespread. the rebel government.
- Insurgency is directed by military authorities
whereas belligerency is under a civil - Both belligerents may exercise the right of visit
government and search upon neutral merchant vessels.
- Insurgency is usually not recognized whereas
there are settle rules regarding the recognition - The rebel government, equally with the
of belligerency. legitimate government, shall be entitled to full
war status as regards all other states and may