ARELLANO UNIVERSITY SCHOOL OF LAW

PUBLIC INTERNATIONAL LAW

2016
Atty Roberto Demigillo
A. Brief history of Public International Law
B. Definition of International Law - body of rules & principles which are recognized
as legally binding and governs the relations of states and other entities with one another
(as between international organizations, between international organizations and states,
between international organizations and states and the people).
C. Functions of International Law
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defines the existence of states

provides framework of diplomatic relations
governs international agreements
sets forth rules for international commerce
governs individual human rights
regulates protection of the global environment (air, land, sea and global
resources)
VITAL FUNCTION: eliminates elements of unlawful force in the solution
of human conflicts and provides basis for the orderly management of
international relations; social progress

D. Foundations of International Law

1. Principle of comity
2. Principle of reciprocity/mutuality
3. Principle of independence
4. Principle of equality of states
E. Theories About International Law
1. Natural Law School
- there are certain normative principles that are true or self evident and which
exists independently of their codification or enforcement by human beings.
- naturalists maintain that the law of nations is binding upon states because it is a
branch of great law of nature, the sum of those principles which ought to control
human conduct, being founded on the very nature of man as a rational and social
being.
2. Positivist School

- the basis of obligation of international law is founded in the CONSENT OF

STATES.
- This school of thoughts provides that consent of states is given:
a. Tacitly in case of customary international law
b. Expressly in case of conventional law
c. Presumed in case of General Law of Nations
3. Eclectic/Groatian School
- occupy middle position between the natural and positivist school
- recognizes that international law is in part a product of natural law and at the
same time the positive consent of states to be bound by its rules.
F. Basis of International Law/Schools or Theories in the Study of International Law
The schools of study of international law are the basis of the obligation in
international law.
G. Theories as to the Basis of International Law
1. Direct Consent
- international law is based upon the direct consent of States upon their individual
acceptance of its principles and rules.
2. Implied Consent
- a fiction to account for the acceptance of the great body of general principles and
specific rules that had come to form the body of customary law.
3. Mutuality of Interest
international law is a subjective law; its binding force depends upon
mutuality of interest which could only be maintained by altering from time to
time such rules as it might be no longer to the interest of the parties to observe.
4. Necessity
the fact that nations have common interest constitutes the actual
community of states and at the same time imperatively demands a rule of law so
that international law may be said to be based upon the very necessity for its
existence.

H. Two Main Branches of International Law

1. Public International Law (Law of Nations)

2. Private International Law (Conflicts of Law)
I. Branches of International Law
1. Human rights law
2. Humanitarian law
3. Refugee law
4. Criminal law
5. Economic law
6. Environmental law
J. General Classifications of Public International Law
1. Consular law
2. Diplomatic law
3. International Aviation law
4. International criminal law
5. International environmental law
6. International human right law
7. International humanitarian law
8. International space law
9. International trade law
10. law of state responsibility
11. Rules according to higher law
12. UN Conventions on the law of the Sea
13. Use of force continuum
K. Public International Law vs Private International Law
Public International Law (Law of Nations)
- regulates the relationship between states and international entities
- concerned with questions of rights between nations.
Private International Law (Conflicts of Law)
- regulates comity of states in giving effect in one to the municipal laws of
another relating to private persons.
- PRINCIPLE: One country gives respect and give effect to the laws of
another so far as can be done consistently with its own interest.
L. Is International Law a True Law?
- based on popular views it is not a true law because:
law of nation lacks the equality of positive authority or command.
no legal duty/obligation of obedience on the part of those whom it is

addressed with no courts to interpret and enforce international law.

no penalty prescribed for disobedience with lack of physical power to
enforce obedience.
- International law is recognized as law of practice
sanctions for failure to comply though indirect is similar to municipal
law.
includes force of public opinion, self help, intervention by third party
states, sanctions of international organizations such as the UN and as
a last resort WAR.
M. Classification of International Law
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Customary
Conventional
General International Law