Public International Law

Flashcards reviewing key concepts, definitions, cases, theories, and legal instruments in Public and Private International Law.

Public International Law (Conventional Definition)

Law that governs the relationships between and among nation-states.

Public International Law (Bernas Definition)

Body of rules and principles of action which are binding upon civilized states in their relation to one another.

Restatement of Foreign Relations Law of the United States

States that international law deals with the conduct of states and of international organizations and with their relations inter se, as well as some of their relations with persons, whether natural or juridical.

Protocol

A separate treaty in relation to an existing treaty that is open to signature, accession or ratification by parties to the main treaty.

First Optional Protocol to the ICCPR

Optional Protocol to the International Covenant on Civil and Political Rights that establishes an individual complaint mechanism for the ICCPR.

Article 1 of the First Optional Protocol

Provision under which a State Party to the Covenant that becomes a Party to the Protocol recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction claiming to be victims of a violation.

Article 2 of the First Optional Protocol

Provision stating that individuals claiming violation of their rights enumerated in the Covenant who have exhausted all available domestic remedies may submit a written communication to the Committee for consideration.

Article 3 of the First Optional Protocol

Provision under which the Committee shall consider inadmissible any communication that is anonymous, an abuse of the right of submission, or incompatible with the provisions of the Covenant.

Scope of International Law

Covers subjects (States, international organizations, persons) and expanding subject matters.

International Customs

A source of international law requiring two essential elements: 1. State practice; and 2. Opinio juris.

Vienna Convention on Diplomatic Relations

A binding treaty codifying the international custom of diplomatic immunity, under which states accorded diplomats non-suability as an attribute of sovereignty.

Principle of Auto-Limitation

Principle cited in Tañada vs. Angara (G.R. No. 118295 May 2, 1997) establishing that nations may voluntarily surrender some aspects of their state power in exchange for greater benefits derived from a convention or pact.

Command Theory

Theory stating international law is composed of commands of a sovereign, though in reality states view it as principles for free and orderly interaction.

Consensual Theory

Theory stating international law is based on consent given by states, though in reality many binding rules are not derived from state consent.

Natural Law Theory

Theory holding that international law is derived from the nature of man to make laws to ensure order, forming the foundation of customary international law and general principles.

Dissenting View (Theories About IL)

View holding that international law has no objective basis and is a combination of politics, morality, and self-interest hidden under the smokescreen of legal language.

Private International Law

Domestic/municipal law dealing with conflict-of-laws cases where foreign law intrudes in the domestic sphere, raising questions of foreign law applicability or foreign court roles.

Saudi Arabia Airlines vs. CA (G.R. No. 122191 October 8, 1998)

A conflict-of-laws case involving a tort claim filed by flight stewardess Milagros Morada, in which the Philippine Supreme Court ruled Philippine law governed.

Most Significant Relationship Doctrine

Doctrine applied in Saudi Arabia Airlines vs. CA determining that Philippine law governed because the Philippines had the most significant contact with the matter and the most interest.

Art. 19, NCC

Civil Code provision requiring every person, in the exercise of rights and performance of duties, to act with justice, give everyone his due, and observe honesty and good faith.

Art. 21, NCC

Civil Code provision stating that any person who willfully causes loss or injury to another in a manner contrary to morals, good customs, or public policy shall compensate the latter for damages.