International_Law Political Science.pptx

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1. International Law

2. Article II Declaration of Principles and State Policies SECTION 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

3. Article VII Executive Department SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.

4. Article VIII Judicial Department (2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

5. (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: (a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question .

6. Article XIII Social Justice and Human Rights SECTION 17. (1) There is hereby created an independent office called the Commission on Human Rights… ( 7) Monitor the Philippine Government’s compliance with international treaty obligations on human rights;

7. Article XIV Education, Science, and Technology Arts, Culture, and Sports SECTION 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

8. Article XVIII Transitory Provisions SECTION 4. All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.

9. What is international law ? International law is a set of rules and principles generally regarded and accepted as binding by states in their relations with each other. It is a dynamic body of law that is constantly evolving to meet the challenges of the 21st century.

10. Sources of international law The main sources of international law are: Treaties: Treaties are agreements between two or more states that are binding on the parties involved. Customary international law: Customary international law is a body of law that has developed through state practice and opinio juris (the belief that the practice is legally binding). General principles of law: General principles of law are common legal principles that are found in most domestic legal systems.

11. Examples of Treaties Treaty of Manila (1946): This treaty established diplomatic relations between the Philippines and the United States and recognized the independence of the Philippines. Mutual Defense Treaty between the United States of America and the Republic of the Philippines (1951): This treaty commits the United States and the Philippines to defend each other against external aggression .

12. Treaty of Amity, Economic Relations, and Consular Rights between the United States of America and the Republic of the Philippines (1951): This treaty promotes friendly relations and cooperation between the United States and the Philippines in a variety of areas, including trade, investment, and cultural exchange.

13. Agreement on the Law of the Sea (1982): This treaty establishes the legal framework for the use and exploitation of the oceans and their resources. Convention on the Rights of the Child (1989): This treaty protects the fundamental rights of children, including the right to life, health, education, and play. Convention on Biological Diversity (1992): This treaty aims to promote the conservation and sustainable use of biological diversity.

14. United Nations Framework Convention on Climate Change (1992): This treaty aims to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous interference with the climate system. Association of Southeast Asian Nations (ASEAN) Charter (2008): This treaty establishes ASEAN as a legal entity and sets out the principles and objectives of the organization .

15. The Philippines is also a party to many other treaties, covering a wide range of topics, such as trade, investment, intellectual property, human rights, and environmental protection.

16. In addition to treaties, the Philippines also has a number of bilateral and multilateral agreements with other countries and international organizations. These agreements often deal with specific issues, such as air transport, defense cooperation, and technical assistance .

17. The Philippines' participation in treaties and agreements is an important part of its foreign policy. Treaties and agreements allow the Philippines to cooperate with other countries on a wide range of issues and to promote its national interests .

18. Examples of customary international laws The prohibition on the use of force against another state. The principle of non-intervention in the internal affairs of another state. The principle of state sovereignty. The principle of diplomatic immunity .

19. The principle of the freedom of the high seas. The prohibition on torture and other cruel, inhuman, or degrading treatment or punishment. The right to life. The right to a fair trial. The right to freedom of expression. The right to freedom of religion .

20. Customary international law is established by two elements: state practice and opinio juris. State practice refers to the general and consistent practice of states. Opinio juris refers to the belief that the practice is legally binding.

21. For example, the prohibition on the use of force against another state is considered to be customary international law because it is a general and consistent practice of states, and states believe that this practice is legally binding. This is evidenced by the fact that the prohibition on the use of force is enshrined in the Charter of the United Nations, which is a universally accepted treaty.

22. Examples of how CIL has been applied: In the 1993 case of Nicaragua v. United States of America, the International Court of Justice found that the United States had violated customary international law by using force against Nicaragua. In the 2005 case of Prosecutor v. Milošević , the International Criminal Tribunal for the Former Yugoslavia found that Slobodan Milošević had violated customary international law by committing genocide and crimes against humanity .

23. In the 2010 case of Case Concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine), the International Court of Justice held that the principle of equity was a fundamental principle of customary international law in maritime delimitation cases.

24. Examples of general principles of law Good faith: States must act in good faith in their dealings with each other. Estoppel: A state cannot go back on its word or promises. Res judicata: A matter that has been finally decided by a court cannot be relitigated . Pacta sunt servanda : Treaties must be respected. Ex injuria jus non oritur : No legal rights can arise from a wrongful act .

25. Nemo judex in causa sua : No one can be a judge in their own case. Audi alteram partem: Both sides of a dispute must be heard before a decision is made. Ignorantia juris non excusat : Ignorance of the law is no excuse. Dura lex , sed lex : The law may be harsh, but it must be followed.

26. In dubio pro reo: In cases of doubt, the decision must be in favor of the accused. Equity: Fairness and justice must be taken into account when applying the law .

27. Subjects of international law The primary subjects of international law are states. However, other entities, such as international organizations and individuals, may also have rights and obligations under international law.

28. Branches of international law International law can be divided into two main branches: Public international law: Public international law governs the relations between states and other international entities. Private international law: Private international law governs the relations between individuals and private entities in different countries.

29. Examples of public international law Diplomatic relations: Public international law governs the relations between states through their diplomatic missions. Law of the sea: Public international law governs the use and exploitation of the oceans .

30. International trade law: Public international law governs the international trade of goods and services. International humanitarian law: Public international law governs the conduct of armed conflict. International human rights law: Public international law protects the fundamental rights of individuals .

31. Private International Law Private international law (PIL), also known as conflict of laws, is a body of law that deals with the legal relationships between individuals and private entities in different countries. PIL is important because it provides a framework for resolving disputes and enforcing contracts in a globalized world.

32. Examples of private international law Jurisdiction: PIL determines which court has the authority to hear a case involving parties from different countries. Choice of law: PIL determines which country's law applies to a contract or other legal relationship involving parties from different countries.

33. Recognition and enforcement of foreign judgments: PIL determines whether a judgment obtained in one country can be enforced in another country . Family law: PIL determines which country's law applies to issues such as marriage, divorce, and child custody in cases involving parties from different countries.

34. Business law: PIL determines which country's law applies to contracts, torts, and other business transactions involving parties from different countries.

35. Examples of how PIL is applied A couple from different countries gets married in France. They later divorce, and the husband wants to file for child custody in the United States. PIL will determine which court has jurisdiction to hear the child custody case. A company in the United States enters into a contract with a company in China. The contract does not specify which country's law will apply. PIL will determine which country's law applies to the contract.

36. A person in the United States obtains a judgment against a person in the Philippines. The person in the United States wants to enforce the judgment in the Philippines. PIL will determine whether the Philippine courts will recognize and enforce the judgment. A couple from different countries gets divorced in their home country. They later move to another country, and the wife wants to modify the divorce decree. PIL will determine which country's law applies to the modification of the divorce decree.

37. A company in the United States sells a product to a company in China. The product is defective, and the Chinese company wants to sue the US company in China. PIL will determine whether the Chinese courts have jurisdiction to hear the case and which country's law will apply.

38. Private international law is a complex and evolving field of law. However, it is essential for understanding and resolving the legal challenges that arise in a globalized world.

39. Enforcement of international law International law is a decentralized system of law, meaning that there is no central authority that can enforce its rules. However, there are a number of mechanisms that can be used to enforce international law, including: Self-help: States may take unilateral action to enforce their rights under international law. However, this can lead to conflict and retaliation.

40. Collective security: The United Nations Security Council has the power to authorize the use of force to maintain or restore international peace and security. Dispute settlement: States may settle their disputes through a variety of peaceful means, such as negotiation, mediation, and arbitration .

41. The importance of international law International law is essential for maintaining order and peace in the world. It provides a framework for states to cooperate and resolve their disputes peacefully. International law also protects the rights of individuals and groups, and promotes the common good of all humankind.

42. The Case of the WPS

43. WPS is a part of Philippine territory History: The Philippines has exercised sovereignty over the West Philippine Sea for centuries. The Kalayaan Island Group, which is part of the West Philippine Sea, was first discovered by Filipinos in the 16th century. The Philippines has also continuously occupied and administered the Kalayaan Island Group since then.

44. Geography: The West Philippine Sea is located within the Philippines' exclusive economic zone (EEZ). The EEZ is a maritime zone that extends 200 nautical miles from a state's coastline. Under the United Nations Convention on the Law of the Sea (UNCLOS), states have sovereign rights over their EEZs, including the right to explore and exploit the natural resources of the zone.

45. International law: The UNCLOS is the primary source of international law on maritime matters. The UNCLOS recognizes the Philippines' right to its EEZ, which includes the West Philippine Sea.

46. In addition to these reasons, the Philippines has also presented a number of historical, legal, and scientific evidence to support its claim over the West Philippine Sea. This evidence has been presented to the Permanent Court of Arbitration, which ruled in 2016 that China's claims over the West Philippine Sea have no legal basis.

47. The West Philippine Sea is an important part of the Philippines' territory. It is a source of food, energy, and other resources for the Filipino people. It is also a vital waterway for international trade. The Philippines is committed to protecting its sovereignty and rights over the West Philippine Sea in accordance with international law.

48. Here are some specific examples of how the Philippines has exercised sovereignty over the West Philippine Sea: The Philippine government has issued fishing permits to Filipino fishermen in the West Philippine Sea.

49. The Philippine military has conducted regular patrols in the West Philippine Sea. The Philippine government has built and maintained structures on the islands in the West Philippine Sea. The Philippine government has engaged in diplomatic negotiations with other countries to resolve disputes over the West Philippine Sea .

50. The Philippines' sovereignty over the West Philippine Sea is supported by international law and by the Philippines' long and continuous exercise of sovereignty over the area .

51. The Murillo Velarde Map

52. The Murillo Velarde map of 1734 is one of the most important pieces of historical evidence supporting the Philippines' claim to sovereignty over the West Philippine Sea. The map, which was created by Spanish Jesuit priest Pedro Murillo Velarde, shows the Philippines as an archipelago surrounded by a continuous line, which is now known as the Philippine baseline. The baseline is the inner limit of the Philippines' internal waters, territorial sea, contiguous zone, and exclusive economic zone (EEZ).

53. The Murillo Velarde map is significant because it was created at a time when Spain had a strong presence in the Philippines and in the West Philippine Sea. The map also shows that Spain claimed the West Philippine Sea as part of its territory.

54. In addition, the Murillo Velarde map is consistent with other historical records showing that the Philippines has exercised sovereignty over the West Philippine Sea for centuries. For example, the map shows the Kalayaan Island Group, which is part of the West Philippine Sea, as part of the Philippines. The Kalayaan Island Group has been under Philippine occupation and administration since the 16th century .

55. The Murillo Velarde map is a strong piece of evidence supporting the Philippines' claim to sovereignty over the West Philippine Sea. The map shows that the Philippines has a long and continuous history of exercising sovereignty over the area, and that its claim is consistent with international law.

56. In 2016, the Permanent Court of Arbitration (PCA) ruled in favor of the Philippines in its case against China over the West Philippine Sea. The PCA ruled that China's claims to the West Philippine Sea have no legal basis under the United Nations Convention on the Law of the Sea (UNCLOS). The PCA also ruled that the Murillo Velarde map is a valid historical document that supports the Philippines' claim to sovereignty over the West Philippine Sea.

57. The PCA's ruling is a significant victory for the Philippines. It is a clear affirmation of the Philippines' sovereignty over the West Philippine Sea. The ruling is also a reminder that international law is the ultimate arbiter of disputes between states.