DIPAD Jhozen 2 Public International Law
DIPAD Jhozen 2 Public International Law
DIPAD Jhozen 2 Public International Law
League of Nations
- Not in effect today. Dissolved and was replaced by United Nations
Universal Declaration of Human Rights (UDHR)
- Constitutional mandated, cannot be dissolved by the Congress
- To remove UDHR, there should be an amendment
PRIMARY
- International treaties and conventions
- International customs - [customs, accepted and practiced by states | local setting,
observed by a group of people can be a culture, depends on if it is absolute,
exceptions: changes, not absolute, it is contrary to public morals, there must be
continuity, because if not, then it is not considered as customs.]
- General principles of law
- When it comes to the local primary sources of laws: statute, creation of legislature,
issuances of the president, Batas Pambansa, presidential decree, executive orders,
ordinances, and local governments unit, EO of mayor, gov, ordinances, etc.
~ Resolutions are made for recognition of legislative actions, mere opinion of the one who created
the resolution. Ordinances have cause and effect of law, imposition of penalties.
SECONDARY
- Decisions of Courts (ICJ, ITLOS, ICC) - decisions of courts or the jurisprudence
- Teaching of Publicists (Scholars, Experts)- Justices
1
DIPAD, JHOZEN E. INTRODUCTION TO HUMANITARIAN LAW
BAPS 4-1 PROF. JOHN CARLO COLOT
- Doctrine of Transformation
● The enactment by the legislative body of such international law principles that
are sought to be part of the municipal laws of the state
● Soft law vs hard law – soft law, no penalty clauses (international law)
● Called transformation because before we adopt a particular law, there must
be a counterpart, which is done by the legislative body, e.g., labor code.
2
DIPAD, JHOZEN E. INTRODUCTION TO HUMANITARIAN LAW
BAPS 4-1 PROF. JOHN CARLO COLOT
● Used for countries that are under the dominion and sovereignty of other
states.
- Mandates and trust territories
● The League of Nations mandate refers to several territories established under
Art. 22 of the Covenant of the League of Nations on June 28, 1919 –
counterpart - Trusteeship Council
● Upon entry into force of the UN in 1945, mandates of the League of Nations
(except Southwest Africa) became United Nations Trust Territories, agreed at
the Yalta Conference
- The Vatican – member of the UN but only an observer state
● Holy See- from Latin “Sancta Sedes, Holy Chair” – not pertaining to people,
but to the chair itself
● The name “Vatican” is ancient and predates Christianity, coming from the
Latin “Mons Vaticanus” meaning Vatican Hill
● Government – absolute monarchy, elective monarchy – college of cardinals,
the one who votes
● Independence from the Kingdom of Italy – Lateran Treaty of February 11,
1929 – The Vatican before is included in the Kingdom of Italy. Benito
Mussolini has an agreement with Pope Pious XI, to spare the Vatican in
return of some territories within the jurisdiction of the Vatican.
- The United Nations
● Six Principal Organs:
⮚ General Assembly
o Main deliberative organ of the United Nations
o Composed of representatives of all member states, each of which has
one vote
o 2/3 votes for decisions on important questions including peace and
security, admission of new members, and budgetary matters.
o Other questions are by simple majority
o First President of UN - Carlos Romulo, 1949-1950
⮚ Security Council
o Maintenance of international peace and security
o Organized to be able to function continuously, and a representative of
each of its members must be present at all times at the United Nations
Headquarters
o When a complaint concerning threat to peace is brought before it, the
Council’s first action is to recommend to the parties to reach
agreement by peaceful means.
o Two kinds of members in the UN Security Council: Five permanent
members (China, France, Russian Federation, United Kingdom, United
States)
o 10 permanent members elected by GA for two-year term with no-
election (originally 6 but it was amended in 1965)
⮚ Economic and Social Council (ECOSOC)
o principal organ to coordinate economic, social, and related work of the
14 UN specialized agencies, 10 functional commissions and five
regional commissions
o serves as the central forum for discussing international economic and
social issues, and formulating policy recommendations addressed to
Member States and the United Nations systems
o They believe that 10% of the world is rich, that is why they focused on
economy
o Functions of ECOSOC
▪ promoting higher standards of living
3
DIPAD, JHOZEN E. INTRODUCTION TO HUMANITARIAN LAW
BAPS 4-1 PROF. JOHN CARLO COLOT
4
DIPAD, JHOZEN E. INTRODUCTION TO HUMANITARIAN LAW
BAPS 4-1 PROF. JOHN CARLO COLOT
● The UN Charter
⮚ Signed on June 26, 1945, by the representatives of 50 countries
⮚ Added Poland and became 51 states – there were no representative before
⮚ Today it has grown into a membership of 193 states
⮚ The newest member is Republic of South Sudan (July 9, 2011)
- Belligerent Communities – refer to next Cornell Notes table
- Internal administrative bodies
● One of the basic immunities if an integral organization is immunity from local
jurisdiction, i.e., that is immune from legal writs and processes issued by the
tribunals of the country where it is found. (SEAFDEC-AQD v. NLRC, February
14, 1992)
~ Generality Principle, there is an exception – the heads of state (Vienna Convention on
Diplomatic Relations)
- Individuals – were not subjects of international law
● Ruling of the Supreme Court
● In the international sphere, traditionally, the only means available for
individuals to bring claim within the international legal system has been when
the individual is able to persuade a government to bring a claim in the
individual’s behalf.
● Can an individual file a claim against the other state? No. He must be
represented by the state he belongs to.
● Even then, it is not the individual’s rights that are being asserted, but rather,
the state’s own rights. (Vinuya v. Exec. Sec. April 28, 2010)
● Peace treaty between Japan and Philippines for the Comfort Women.
Summary
Public International Law allows countries to have good relations. States that are involved in disputes and other matters are settled through the
established organizations. States are allowed to file cases over their claims and these will be settled on international courts. The United
Nations has a huge role in maintaining peace between states, from diplomatic relations, territories, economy, and security. All of these are
covered by the UN through its different organs.