Beruflich Dokumente
Kultur Dokumente
RACHELLE
GUTIERREZ
and
ADRIAN
TAN
INTRODUCTION
TO
LAW
2012-‐2013
ATTY.
SEDFREY
CANDELARIA
Rules
of
international
law
brings
the
question
of
what
independence
many
of
its
concepts,
methods
and
techniques
are
the
same
as
those
is
left
to
states.
of
modern
municipal
laws.
One
theory:
Voluntarist
or
Theories
of
Auto-‐Limitation
Reasons
against
classifying
international
law
as
morality:
o Analogous
with
“social
contract”
o (1)
States
often
reproach
each
other
for
immoral
conduct
or
o Attempts
to
reconcile
the
absolute
sovereignty
of
state
with
praise
themselves
or
others
for
living
up
to
the
standard
of
the
existence
of
binding
rules
of
international
law
by
treating
international
morality
à
they
may
abide
by
international
law,
all
international
obligations
as
self-‐imposed
but
it
doesn’t
mean
the
law
itself
is
moral.
With
regard
to
3
arguments
against
voluntarist
moral
pressure,
it
is
an
appeal
to
conscience
that
leads
one
o (1)
It
fails
to
explain
why
state
can
only
be
bound
by
self-‐ member
to
change
his
behavior
out
of
guilt.
This
is
not
the
imposed
obligations.
same
as
with
international
laws;
even
when
moral
appeals
o (2)
The
argument
that
states
because
of
their
sovereignty
can
are
used,
what
predominate
in
the
arguments
are
references
only
be
bound
by
rules
which
have
imposed
upon
themselves
to
precedents,
treaties,
and
juristic
writings;
often
there
is
no
is
incoherent.
mention
of
morality.
§ Before
treaties
can
be
considered
as
binding,
rules
o (2)
Rules
of
international
law,
unlike
municipal
law,
are
must
already
exist
providing
that
the
state
is
bound
morally
indifferent
to
do
whatever
it
undertakes
by
words
to
do.
§ A
rule
may
exist
because
it
is
convenient
and
§ Treaties
are
binding
in
so
far
as
they
are
generally
necessary,
not
because
it
is
moral.
acknowledged
to
be.
o (3)
A
function
of
law,
unlike
morality
is
to
introduce
elements
o (3)
There
is
a
claim
that
they
could
be
bound
in
other
ways
to
maximize
certainty
and
predictability
and
to
facilitate
the
under
a
different
system,
though
no
other
form
of
obligation
proof
or
assessments
of
claims.
for
states
exists
under
the
present
rules
of
international
law.
o (4)
The
very
idea
of
change
by
human
legislative
fiat
is
2
exceptions
to
the
claim
that
all
international
obligation
arise
from
repugnant
to
the
idea
of
morality,
which
is
perceived
to
be
the
consent
of
the
party
bound
universally
absolute,
and
which
is
the
basis
for
evaluating
o (1)
The
case
of
a
new
state
human
actions.
o (2)
That
of
a
state
acquiring
territory
of
undergoing
some
o (5)
Municipal
and
International
laws
are
parallel
in
the
sense
other
change
that
allows
it
to
be
qualified
for
rules
which
that
both
systems
rely
on
the
conviction
of
individuals/states
previously
it
had
not
opportunity
to
observe
or
break
that
there
is
a
moral
obligation
to
obey
the
laws.
§ It
is
difficult
to
see
why
or
in
what
sense
the
moral
IV. INTERNATIONAL
LAW
AND
MORALITY
obligation
must
exist
as
a
condition
for
international
In
form,
international
law
resembles
such
a
regime
of
primary
rules
law
even
though
the
content
of
its
often
elaborate
rules
are
very
unlike
§ It
may
well
be
that
any
form
of
legal
order
is
at
its
those
of
a
primitive
society
(thought
by
jurists
as
‘morality’),
and
healthiest
when
there
is
a
generally
diffused
sense
RACHELLE
GUTIERREZ
and
ADRIAN
TAN
INTRODUCTION
TO
LAW
2012-‐2013
ATTY.
SEDFREY
CANDELARIA
that
it
is
morally
obligatory
to
conform
to
it,
though
motivations
may
not
really
be
driven
by
such.
§ Proof
that
binding
rules
exist
in
society
is
that
they
are
thought
of,
spoken
of,
and
function
as
such.
V. ANALOGIES
OF
FORM
AND
CONTENT
There
is
a
danger
to
minimize
the
differences
and
exaggerate
the
similarities
between
international
and
municipal
law.
Some
of
the
dubious
analogies
may
be
considered
to
have
been
much
strengthened
by
the
obligations
found
in
the
UN
Charter,
but
their
law
enforcement
capacities
have
been
paralyzed
by
the
veto
and
ideological
divisions
and
alliances
of
the
great
powers.
Another
analogy
is
that
both
municipal
and
international
law
must
possess
a
fundamental
‘rule
of
recognition’
o International
law
simply
consists
of
a
set
of
separate
primary
rules
of
obligation
which
are
not
united
in
this
manner
o Question
why
such
an
element
is
necessary;
mere
existence
of
rules
does
not
involve
the
existence
of
such
a
basic
rule.
Analogies
are
surely
those
of
function
and
content,
not
form.
o Function:
revealed
when
we
reflect
on
the
ways
in
which
intl.
law
differs
from
morality
o Content:
consist
in
the
range
of
principles,
concepts,
and
methods
which
are
common
to
both
Final
comments:
o (1)
Analogy
is
one
of
content
not
of
form
o (2)
In
this
analogy
of
content,
no
other
social
rules
are
so
close
to
municipal
law
as
those
of
international
law
RACHELLE
GUTIERREZ
and
ADRIAN
TAN