PUBLIC INTERNATIONAL LAW MIDTERMS

Public International Law

It is a body of principles, norms and processes which regulate the relations of States and other international persons, and governs their conduct affecting the interests of the international community of States as a whole.

Public International Law

It is the body of legal rules, which apply to sovereign states and such other entities that have been granted international personality.

Public International Law

It is a body of rules and principles of action which are binding upon civilized states in their relations to one another.

Public International Law

is the system of laws governing relations between states and other subjects of international law.

TRUE

TRUE OR FALSE: Unlike national law, there is no central legislative organ in International law.

TRUE

TRUE OR FALSE: The goal of international law is to promote peace and order between nations.

FALSE: There is no governing body

TRUE OR FALSE: International law largely operates upon the consent of participating nations because there is a governing body that exists to explicitly enforce international agreements.

The Charter of the United Nations

Is the document that expounds upon international law.

TRUE

TRUE OR FALSE: The Charter of the United Nations cannot enforce those laws directly in the same way that a sovereign state can enforce its laws domestically.

TRUE

TRUE OR FALSE: International law has no bearing on domestically enforceable law recognized by courts in the United States.

FALSE: Not strictly enforceable

TRUE OR FALSE: International law is strictly enforceable upon nations or other international actors.

• The Law of nature school

• The positivist school

• Eclectic/Grotian school

What are the basis of International Law?

The Law of nature school

There is a natural and universal principle of right and wrong, independent of mutual intercourse or compact, which can be discovered and recognized by every individual through the use of his reason and conscience.

TRUE

TRUE OR FALSE: In the law of nature school, since individuals compose the state whose will is but the collective will of the inhabitants, the state also becomes bound by law of nature

Natural law

law is inherently bound to a higher objective moral order that exists independently of human will.

Jus Naturale

What is the latin term for natural law?

The law of nature school

There exists an objective moral order independent of treaties (compacts) or diplomatic interactions (mutual intercourse).

The law of nature school

States are composed of individuals. Because the "state will" is simply the collective expression of the inhabitants' wills, the state itself is morally and legally bound by the Law of Nature.

FALSE: A state cannot claim sovereign immunity

TRUE OR FALSE: A state can claim sovereign immunity from moral law, because its very foundation rests upon moral human beings.

Joaquin G. Bernas, S.J.

Who is the author that stated natural law as the application of "natural reason to the nature of the state-person.”?

TRUE

TRUE OR FALSE: Pure natural law theory has largely fallen out of favor as an explicit, stand-alone doctrine in modern jurisprudence, modern customary international law and general principles of law recognized by civilized nations

Hugo Grotius

Known as the “Father of Modern International Law”.

Hugo Grotius

Who secularized natural law by arguing that universal principles of justice can be deciphered through human reason alone, independent of divine revelation?

Law of nations

What is another term for Public International Law?

Jus gentium

What is the latin term for Law of nations?

Hugo Grotius

Who separated jus gentium from jus naturale?

TRUE

TRUE OR FALSE: Grotius famously argued that even in war ("in the midst of arms"), unwritten obligations dictated by nature or mutual consent remain active.

TRUE

TRUE OR FALSE: According to Grotius, certain acts remain inherently unlawful even against an enemy.

The positivist school

The binding force of international law is derived from the agreement of the states to be bound by such covenants. International law is not a law of subordination but of coordination.

Legal Positivism

Shifts the foundation of law away from abstract moral principles, theology, or human reason (the Law of Nature) and anchors it firmly in human volition, state practice, and empirical reality.

FALSE: Law is not discovered; it is made.

TRUE OR FALSE: Under Positivism, law is not made, it is discovered.

Positivism

posits that rules acquire binding legal force solely through the consent of sovereign states—expressed explicitly through treaties or implicitly through long-standing state practice (custom).

TRUE

TRUE OR FALSE The Positivist School rests on the principle of voluntarism.

Voluntarism/consent

What do you call when states are supreme entities that cannot be subjected to any rule without their express or implied consent.

FALSE: They are self-imposed

TRUE OR FALSE: International obligations are not self-imposed limitations on state power.

Law of subordination

A centralized authority (legislature/sovereign) dictates rules to subjects below it.

TRUE

TRUE OR FALSE: Domestic (municipal) law operates as a law of subordination.

Law of coordination

equal sovereign states horizontally negotiate and agree upon rules to govern their interactions without a supreme world government above them.

TRUE

TRUE OR FALSE: International law operates as a law of coordination.

• Lex Lata

• Lex Ferenda

What are the separations of Positivism?

Lex Lata

The law as it currently exists in observable texts, treaties, and practice.

Lex Ferenda

The law as it ought to be based on moral, ethical, or policy ideals.

FALSE: Lex Lata as it is written, regardless of whether it aligns with natural justice or morality.

TRUE OR FALSE: Positivists argue that international lawyers and courts must apply lex ferenda as it is ought to be based on moral, ethical, or policy ideals.

Atty. Cecilio D. Duka, LPT, EdD

Which author stated that there is a fundamental distinction between naturalism and positivism in Philippine legal jurisprudence.

TRUE

TRUE OR FALSE: International law is not imposed on states from an external moral realm; rather, its binding force comes directly from state agreement. Because states are equal sovereigns, no single state can legislate for another.

FALSE: international law functions as a system of coordination (horizontal consensus between equals).

TRUE OR FALSE: international law functions as a system of subordination (vertical hierarchy of a ruler over subjects) rather than coordination (horizontal consensus between equals).

Jeremy Bentham

Who coined the term "international law”?

Jeremy Bentham

Who argued that sovereigns can collectively construct valid legal rules for mutual benefit, just as they enact laws within their own borders?

TRUE

TRUE OR FALSE: Unlike later strict command-theorists, Bentham recognized that international duties could be enforced by moral, social, or religious sanctions, as well as mutual guarantees (covenants) between states.

Ian Brownlie

Who argued that theoretical definitions of "law" should not override practical reality?

TRUE

TRUE OR FALSE: Brownlie stated that International law demonstrates remarkable operational stability.

TRUE

TRUE OR FALSE: The actual rate of compliance with international law compares favorably to domestic legal systems—many of which suffer from civil wars, revolutions, and systemic breakdowns despite having formal courts and legislatures.

FALSE: does not make international law an "outcast."

TRUE OR FALSE: The lack of formal secondary rules makes international law an "outcast."

Peace of Westphalia (1648)

What treaty ended the Thirty Years' War and established the modern sovereign state system?

Pacta sunt servanda

What is the core positivist norm?

agreements must be kept

What does pacta sunt servanda mean?

Pacta sunt servanda

What is the latin term for “agreements must be kept”?

Congress of Vienna (1815)

Created a structured multilateral framework for diplomatic relations and regulatory governance across Europe following the Napoleonic Wars.

League of Nations (1920) and Philippine Center for Investigative Journalism (PCIJ)

Established the Permanent Court of International Justice—the first step toward institutionalized judicial settlement of global disputes.

United Nations Era (1945-Present)

Shifted the epicenter of global governance away from Europe, creating a universal framework. Decolonization added dozens of new sovereign nations to the international system.

Eclectic/Grotian School

A compromise between the two schools and considers international law as binding because it is good and right and because it is agreed (voluntary) upon by the states.

TRUE

TRUE OR FALSE: In so far as international law conforms to the dictates of right reason, the voluntary law may be said to blend with the natural law and be, indeed, an expression of it.

FALSE: the natural law prevails, being the more fundamental law.

TRUE OR FALSE: In case of conflict, the natural law does not prevail.

• Promote international peace and security;

• Foster friendly relations among nations and discourage use of force in resolution of difference among them;

• Provide for orderly regulation of conduct of states in their mutual dealings; and

• Ensure international cooperation in pursuit of certain common purposes of economic, social, cultural, or humanitarian character.

What are the functions of international law?

Public International Law

governs the relations between nations and sets forth mandates for those nations to abide by.

Examples:

• United Nations (UN)

• World Health Organization (WHO)

• North Atlantic Treaty Organization (NATO)

• World Trade Organization (WTO)

• International Monetary Fund (IMF):

• World Bank

• European Union (EU)

• Association of Southeast Asian Nations (ASEAN)

What are examples of International organizations?

Private International Law

is the discipline concerned with cases of foreign elements.

Conflict of Laws

Private international law is also known as?

Private international law

is the body of rules of the domestic law of a State that is applicable when a legal issue contains a foreign element, and it has to be decided whether a domestic rule should apply foreign law or relinquish jurisdiction to a foreign court.

TRUE

TRUE OR FALSE: Private international law is concerned with issues of the jurisdiction of national courts, the municipal law applicable to disputes with foreign elements, and the cross-border enforcement of judgments.

TRUE

TRUE OR FALSE: Private International law is usually considered to be merely municipal (domestic) law, and a bright line is drawn between its study and the study of public international law.

International in nature

What is the nature of Public international law?

National or municipal in character

What is the nature of Private international law?

• Treaties and international conventions

• Customary international law

• General principles of law [Article 38(1), Statute of the ICJ]

What are the primary sources of Public International Law?

Domestic laws for legal issues containing foreign elements

What are the sources of Private International Law?

• States

• International Organizations

• Individuals

What are the subjects of Public International Law?

Individuals (private persons)

What are the subjects of private international law?

FALSE: Private International Law (or Conflicts of Laws) is not really a branch of international law but is rather a part of domestic law dealing with disputes that arise from private transactions between individuals or companies and corporations from one country vis-à-vis their counterparts in another country.

TRUE OR FALSE: Private International Law (or Conflicts of Laws) is a branch of international law.

TRUE

TRUE OR FALSE: Private International law is a municipal law

Governs relations within a particular state.

What is the scope of Municipal Law?

• Individuals

• organizations

• government bodies within the state.

What are the Subjects/Persons Governed by Municipal law?

• Created through constitutions

• legislation

• regulations

• judicial decisions.

How is Municipal law made?

• Regulates matters such as contracts

• crimes

• property

• family relations

• taxation

• government administration

What are the Regulations Regulated by municipal law?

• Constitution

• statutes

• administrative regulations

• judicial precedents (depending on the legal system)

What are the sources of Municipal law?

FALSE: No single world legislature

TRUE OR FALSE: Is there a law making authority in international law?

• legislative

• governmental institutions

Who is the law making authority of Municipal law?

• police

• courts

• government agencies

• other domestic authorities

Municipal law is enforced by?

TRUE

TRUE OR FALSE: International law disputes may be brought before international bodies such as the International Court of Justice, if jurisdiction exists.

FALSE: generally handled by only domestic courts within the state.

TRUE OR FALSE: In municipal law, disputes are generally handled by both domestic and international courts.

• through negotiation

• mediation

• arbitration

• international courts/tribunals

How does International law settle its disputes?

• through litigation in domestic courts

• arbitration

• mediation

• other domestic procedures.

How does municipal law settle disputes?

TRUE

TRUE OR FALSE: In international law, a state or other responsible international actor may incur international responsibility for violating international law

FALSE: under domestic law.

TRUE OR FALSE: In municipal law, individuals, companies, or government officials may incur civil, criminal, or administrative liability under international law.

• reparations

• compensation

• sanctions

• countermeasures

• or other international consequences.

What are the sanctions/consequences for breaching international law?

TRUE

TRUE OR FALSE: International law generally applies to international relations and conduct with international implications, although its rules can operate within states.

FALSE: Municipal law

TRUE OR FALSE: International law primarily applies within the territory and jurisdiction of the state.

TRUE

TRUE OR FALSE: International law concerns rules governing the international legal order and may require domestic implementation depending on the state's legal system.

TRUE

TRUE OR FALSE: municipal law concerns the internal legal order of the state and may implement international obligations through domestic legislation or other measures.

• Doctrine of incorporation

• Doctrine of transformation

What are the two primary doctrines and mechanisms that dictate how rules enter the domestic legal system?

TRUE

TRUE OR FALSE: Under Philippine jurisprudence, both doctrines are applied depending on the source of the international rule in question, creating a hybrid dualist system.