Constitutional Law Review: Introduction to Public International Law

Key Topics Discussed

• Definition of Public International Law
• Sources of International Law
• Is International Law True Law?
• Relationship between International and National Law

What is Public International Law?

• Traditional Definition: Branch of public law regulating relations of states and entities with International personality.
• Modern Definition: Law governing conduct of states and international organizations, their relations with each other, and occasionally, with individuals (natural or judicial).

Significance of Definition

• Historically seen as norms regulating state behavior.
• Standards of behavior defined in terms of rights and obligations.

Sources of International Law

Primary Sources

1. International Treaties and Conventions

   • Establish rules recognized by states.
   • Considered law between the parties involved.

2. International Customs

   • Established practices believed to be permitted, required, or prohibited by international law.
   • Must be consistent and recognized by a significant number of states over time.
   • Must reflect a sense of legal obligation.

3. General Principles of Law

   • Derived from natural law recognized by civilized nations.
   • Observed mainly in domestic legal systems.

Subsidiary Sources

1. Judicial Decisions

   • Interpretations by international tribunals (e.g., International Court of Justice).

2. Writings of Publicists

   • Fair and unbiased representation by recognized experts in international law.

Is International Law True Law?

• Traditional View: Requires competent authority to promulgate laws, which international law lacks.
• John Austin's View: International law is merely a guideline without enforcement mechanisms.
• Justice Bradley's Definition: Law regulates civil society and does not require a sovereign.

Argument for International Law as True Law

• International law exists through agreements recognized by states, binding them.
• Self-regulation among states can exist without a sovereign.
• Obligatory nature stems from the concept of an international community.

Weaknesses of International Law

• Lack of enforcement mechanisms and sanctions for non-compliance.
• Comparison with domestic law, which has specific governmental enforcement.

Relationship Between International and National (Municipal) Law

Theories of Interaction

1. Dualism

   • International and national laws are separate and independent systems.

2. Monism

   • International law is supreme, both systems regulate individual conduct.

Incorporation vs. Transformation

• Incorporation: International law principles become part of domestic law (Philippine Constitution).
• Transformation: Requires legislative action to integrate international law into domestic law.

Conflict Between International Law and National Law

• If international law conflicts with the Constitution, the Constitution prevails.
• Conflicts with statutes: Equal standing, where the newer law prevails (Lex posterior derat prior principle).
• In international tribunals, international law is supreme and will override national laws.