Lesson 4: Scope of International Law 4️⃣

1. Dualism

2. Monism

3. Monism Naturalism

4. Coordinationism

Introduction: Four theories have been devised by the courts and legal writers to describe the relationship betweeninternational and municipal law.

Dualism

1. Procedural Matters

2. Substantive Matters

__________Theory: the two law systems are separate, both with respect to procedure and to subject matter.

1)___________: municipal courts resolve problems by reference to municipal law, while international courts resolve

problems by reference to international law.

2) ___________: only problems affecting the International relations of nations are within the purview of international law.

1. Monism

2. Monism- Naturalism

__________Theory: municipal law is a subset of laws within the field of international law.

__________Theory: natural law is a third and superior form of law, which determines the respective spheres of both international and municipal law.

Coordinationism

1. Corollary

__________Theory: international and municipal law operate independently in separate but coordinated spheres.

1) __________: municipal law is generally supposed to conform with the norms of international law.

The Practice in International Courts

1. Municipal law

2. Procedurally municipal law

1. ___________is regarded as being subservient to international law.

States have a general obligation to bring their municipal law into compliance with international norms.

2. ____________ is treated as "mere fact."

The Practice in Municipal Courts

a. International law is generally treated as being correlative.

Meaning: Once a court determines that a particular rule of international law is applicable in a particular case, that law will be treated as law and not as a fact.

b. To determine if an international law has been received into the local jurisprudence.

The doctrine of incorporation

___________a customary international law is adopted locally to the extent it is not inconsistent with prior municipal legislation or judicial decisions of final authority.

1] Followed in most countries

For Customary Law:

The doctrine of transformation

_____________customary international law does not apply until clearly adopted by legislative action, judicial decision, or established local usage.

For treaties:

1. Self-executing treaty

2. Non-self-executing treaty

1.________contains a provision making it apply domestically without a party having to adopt enabling legislation.

2.________ has no such provision.

What about the Philippines?

Sec. 2, Article II of the 1987 Philippine Constitution

Sec. 21, Article VII of the 1987 Philippine Constitution

____________________ reads: “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.
____________________ states that 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. [1]