International Law and Foreign

Studies
The course tackles the different issues
in international law in the Philippine view.
At the end of the course, the students will
have an overview of international law
principles; then, a discussion of the
different issues arising from the course of
foreign relations will follow with emphasis
on the Philippine foreign relations.
Engaging class activities will be provided
that develops the students to their fullest
potential while embracing the values and
attitudes
of
a
socially
responsible
Christian. These will then be applied to the
society by means of a class project.

Desired Learning
Outcome

Grading
System
Point System
(Raw*0.6+40)
Written
Examination(40%)
Class Participation
(30%)
Other Output (30%)

House
Rules
*Attendance will be checked at
any time during the class period.
*Students are encouraged to
answer in a scholarly manner
(avoid giving baseless or distorted
information to his/her
classmates).
*Understand each others needs.
*Respect each other by listening
when someone is talking.

*Criticize constructively.
*If you have any concern that needs
consultation, inform your professor.
*Follow the English only policy of the
university.
*Make-up quiz and other requirements will
be given within two weeks prior to the
scheduled exam.
*Attendance. Maximum allowed for MWF
class is 9 and for TTh is 6 absences. All
absences with or without medical certificate
shall be counted against the number of
absences except if the absence is due to an
official school activity upon presentment of
a letter from the school coordinator or due
to hospitalization.

Nature and Method of

International Law
International law is a body of principles,
norms and processes which regulates the
relations of States and other international
persons, and governs their conduct
affecting the interests of the international
community of States as a whole.
Wilson- Public international law is the
body of generally accepted principles
governing relations among states.

 Lawrence-Public International Law may be defined

as the rules which determine the conduct of the
general body of civilized states in their mutual
dealings.
Hackworth-International Law consists of a body of
rules evolving for most part out of experience and
necessity which governs the relations between
states.
McDougal- International Law is not a pre-existing
body of rules, but a comprehensive process of
authoritative decision in which rules are
continuously made and remade.

 What is the importance of

International Law?

 International law is based on the

common normative consent of the
States.
Sources of law: Conventional
International Law and Customary
international Law.

Questions
What if International law conflicts
with the constitution, which one will
prevail?
How does a treaty becomes a treaty?
What UN agency caters to the needs
of the indigenous people?
If the VFA is terminated, why are
there Balikatan exercises?

Article II, Section 2. The Philippines renounces

war as an instrument of national policy,
adopts the generally accepted principles of
international law as part of the law of the land
and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with
all nations.
Article II, Section 8. The Philippines,
consistent with the national interest, adopts
and pursues a policy of freedom from nuclear
weapons in its territory.

Theories on the incorporation of

international law into the
municipal law

A. Transformation doctrine
B. Adoption doctrine
C. Harmonization doctrine
D. Restricted Automatic doctrine

In case of conflict between a

treaty and a constitution
International law will prevail to avoid
embarrassment and to prevent
charges of international delinquency.
However, a treaty may be nullified by
a subsequent act of the Philippine
Congress.

How does a treaty becomes

a treaty?
1. Diplomatic negotiations
2. Signing of the treaty by the representatives.
3. Ratification of the treaty by the
constitutional organs of the respective states.
Informal ratification is called acceptance.
4. Exchange of ratification instruments or
deposit.
5. Registration with, and publication by, the
Secretariat of the United Nations.

 How can States guarantee

compliance with International Law?

Principles of International
Law
States shall refrain in their international

relations from the threat or use of force

against the territorial integrity or political
independence of any State, or any other
manner inconsistent with the purposes of
the United Nations.
States shall settle their international
disputes by peaceful means in such a
manner that international peace and
security and justice are not endangered.

Principles of International
Law
The duty of States not to intervene in

matters within the domestic jurisdiction of

any State.
The duty of States to cooperate with one
another.
The principle of equal rights and selfdetermination of peoples.
The principle of sovereign equality of States.
States shall fulfill in good faith the
obligations assumed by them.

Rubric on Debate

3
2
1
Used some
Used many facts to
Used few
facts to
support all facts to
Factual
support all
support all Did not
Information arguments arguments arguments use facts
Demonstra
ted
Demonstra Demonstra
Demonstrate accurate ted
ted
d thorough understan minimal
misunders
understandi ding of
understand tanding of
Comprehens ng of
informatio ing of
informatio
ion
information n
information n
All
Most
Some
Few
arguments arguments arguments arguments
are logical are logical are logical are logical
Persuasiven and
and
and
and
ess
convincing convincing convincing convincing

Delivery

Communi
cated
clearly
and
Communi Seldom
confidentl cated
communi
y;
clearly;
cated
maintaine maintaine clearly;
d eye
d eye
poor eye
contact. contact contact.

Rebuttal

Addresse Addresse
Addresse d most of d some of
d all
opponent opponent Did not
opponent s
s
address
argument argument argument opponent
s with
s with
s with
s
counterev counterev counter- argument
idence
idence
evidence s.

Failed to
communi
cate
clearly;
no eye
contact.

 Does international law

national sovereignty?

diminish

 Subject of Public
International Law is an
entity directly possessed
of rights and obligations
in the international legal
order.
Object of Public
International Law is
merely indirectly vested
with rights and
obligations in the
international sphere.

In the case of Falkland

Islands, is the UK still
considered a colonial
power?

This sparsely inhabited dependency

consists of a group of islands in the
South Atlantic, about 250 mi (402
km) east of the South American
mainland. The largest islands are
East Falkland and West Falkland.
Argentina still claims the islands.
But an agreement between
Argentina and the United Kingdom in
1995 sought to defuse licensing and
sovereignty conflicts that would
dampen foreign interest in exploiting
the Falkland Islands' potential oil
reserves.

The Fundamental Rights of

the States
The right of existence, integrity, and
self preservation.
The right of sovereignty and
independence.
The right of equality.
The right of property and jurisdiction.
The right of legation or of diplomatic
intercourse.

Fundamental Duties of
States
1. The first duty of a state is to respect
the right of other states to the latters
territorial existence and integrity;
moreover every state has the duty to
carry out in good faith its obligations
arising from treaties and other sources
of international law.

 2. (a) to refrain from intervention in the internal or

external affairs of any other state;
(b) to refrain from fomenting civil strife in the
territory of another state, and to prevent the
organization within its territory of activities calculated
to foment such civil strife.
(c) to ensure that conditions prevailing in its
territory do not menace international peace and order;
(d) to refrain from resorting to war as an
instrument of national policy, and to refrain from the
threat or use of force against the territorial integrity or
political independence of another state, or other
manner inconsistent with international law and order.

(e) the duty to refrain from giving

assistance to any state which is acting
in violation of the duty referred to in
(d), or against which the United
Nations is taking preventive or
enforcement action.
(f) the duty to refrain from
recognizing territorial acquisition by
another state acting in violation of (d).

 3. Every state has the duty to treat all

persons under its jurisdiction with respect
for human rights and fundamental freedoms
without distinction as to race, sex, language
or religion.
4. Every state has the duty to respect the
property rights (including the territorial,
fluvial, and aerial domains) and jurisdictional
processes of other states insofar as they do
not infringe upon the formers own rights.

 5. Every state has the duty:

A. to settle its disputes with other states by
peaceful means in such a manner that
international peace and security, and
justice, are not endangered;
B. and finally, to conduct its relations with
other states in accordance with
international law and with the principle that
the sovereignty of each state is subject to
the supremacy of international law.