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1. Issued by a political superior for observance 1. Not imposed upon but simply adopted by
by those under its authority;
states as a common rule of action among
themselves;
2. Consists mainly of enactments from the lawmaking authority of each state;
2. derived not from any particular legislation
but from such sources as international
customs, international conventions and the
general principles of law;
3. Regulates the relations of individuals among 3. Applies to the relations inter se of states and
themselves or with their own states;
other international persons;
4.
Violations are redressed through local
administrative and judicial processes; and,
4. Questions are resolved through state-tostate transactions ranging from peaceful
methods like negotiation and arbitration to the
hostile arbitrament of force like reprisals and
5. breaches generally entail only individual even war; and,
responsibility.
5.
responsibility of infractions is usually
collective in the sense that it attaches directly
b. The doctrine of transformation is based upon the perception of two distinct systems
of law operating separately, and maintains that before any rule or principle of
international law can have any effect within the domestic jurisdiction, it must be
expressly and specifically 'transformed' into municipal law by the use of the
appropriate constitutional machinery. This doctrine grew from the procedure whereby
international agreements are rendered operative in municipal law by the device of
ratification by the sovereign and the idea has developed from this that any rule of
international law must be transformed, or specifically adopted, to be valid within the
internal legal order. Another approach, known as the doctrine of incorporation, holds
that international law is part of the municipal law automatically without the necessity
for the interposition of a constitutional ratification procedure.
Exception: Art. 46 of Vienna Convention = in cases where the constitutional violation was manifest and concerned a
rule of its internal law of fundamental importance
Manifest = objectively evident to any State conducting itself in the matter in accordance with normal practice and in
good faith
CONFLICT BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW: MUNICIPAL RULE
Domestic courts are bound to apply the local law
Should a conflict arise between an international agreement and the Constitution, the treaty would not be valid and
operative as domestic law
Art. 8, Sec. 5 of the Constitution explicitly recognizes the power of the Supreme Court to declare a treaty
unconstitutional; however, even if declared unconstitutional, the treaty will not lose its character as an international
law
The normal habits of obedience ingrained in the nature of man as a social being;
3
To project an agreeable public image in order to maintain the goodwill and
favorable regard of the rest of the family of nations;
4
The constant and reasonable fear that violations of international law might visit
upon the culprit the retaliation of other states; and,
5
The machinery of the United Nations which proves to be an effective deterrent to
international disputes caused by disregard of the law of nations.