What is the traditional may be in Relief prayed for may

definition of public the form of peaceful be obtained

international law? from remedies (i.e., municipal
International law is a body of tribunals. diplomatic negotiation,
rules and principles of action mediation, conciliation,
which are binding upon civilized arbitration, diplomatic efforts,
states in their relations to one settlement by the ICJ)
another (Bernas, Public What is hard law?
International Law, 2009). This refers to binding
What is the modern definition international legal norms or
of public those which have coercive
international law? character. (SARMIENTO)
International law as the law What is soft law?
which deals with the conduct of It is used to describe
states and of international instruments that
internationalorganizations and their makers recognize are not
with their relations inter se, as treaties, but have as their
well as some of their reasons purpose the promotion of ‘norms’
with persons, whether natural or which are believed to be goods
juridical. (Restatement (Third) of and therefore should have
Foreign Relations Law of the general or universal application.
United States). What is
What is private international international comity (comitas
law or conflict of gentium)?
laws? Refers to the rules of politeness,
Private international law is really convenience, and goodwill
domestic law observed by States in their
which deals with cases where mutual intercourse without
foreign law intrudes in the being legally bound by them.
domestic sphere where there are A. CONCEPTS
questions of the applicability of 1. WHAT ARE OBLIGATIONS
foreign law or the role of foreign ERGA
courts. (Bernas, Public OMNES?
International Law, 2009). The term erga omnes (literal
What is the difference between meaning: in relation to everyone)
public and in international law has been
private international law? used asa legal term describing
PUBLIC RIVATE obligations owed by
Governs the relation Deals with Statestowards the community of
private of sovereign States states as a whole (Romulo v.
individuals. and other entities Vinuya, G.R. 162230, 2010).
with an international personality. By their very nature, these are
They are generally It is really the obligations of State towards
municipal accepted principles of the international community as a
or national in public whole. Such obligations derive,
international character because for example, in contemporary
law, giving the subject each State international law, from the
has its an international own outlawing of acts of aggression,
conflict rules. nature. Sanctions and of genocide, as also from the
principles and rules concerning deemed “peremptoryand
the basic rights of the human nonderogable.” (Bayan Muna v.
person, including protection from Romulo, G.R. No. 159618,
slavery and February 1, 2011).
racial discrimination. Some of A peremptory norm of general
the corresponding rights of international law is a norm
protection have entered into the accepted and recognized by the
body of general international law international community of
others are conferred by States as a whole as a norm from
international instruments of a which no derogation is permitted
universal or quasi-universal and which can be modified only
character. (Vinuya v. Romulo, by a subsequent norm of general
G.R. 162230, April 28, 2010). international law having the
What are the two types of same character. (Vienna
obligations Convention on the Law of
ergaomnes? Treaties, art. 53)
Some authorities classify erga Note, however, that the definition
omnes obligations into either: quoted here
1. erga omnes omnium; or (referring to Article 53 of the
2. erga omnes partes [see IDI, Vienna Convention onthe Law of
Resolution on Treaties) is based on the legal
Obligations erga omnes in effect of the rule and not on its
International intrinsic nature. It seems to say
Law(2005), art. 1 that the rule is jus cogens
WHAT IS JUS COGENS? because no derogation from it is
In international law, the term permitted. However, what jus
"jus cogens" (literal meaning: cogens really means is that no
compelling law) refers to norms derogation is allowed because
accepted and recognized by the it is jus cogens. It is the
international community of intrinsic nature of the rule that
States as a whole, that command disallows derogation.
perempotory authority, (Bernas, Public International Law,
superseding conflicting treaties 2009) (emphasis supplied).
and custom. Jus cogens norms What are Elements of Jus
are considered peremptory in the Cogens? (ADS)
sense that they are mandatory, (Vienna Convention on the Law of
do not admit derogation, and can Treaties, art.53)
be modified only by general 1. A norm Accepted and
international norms of equivalent recognized by the international
authority. community of states as a whole.
(Vinuya v. Romulo, G.R. 162230, 2. No Derogation is permitted.
April 28, 2010) 3. It can only be modified by a
“The term ‘jus cogens’ means the Subsequent norm having the
‘compelling law.’” Corollary, “a same character.
jus cogens norm holds the What is the status of a later
highest hierarchical position treaty which
among all other customary is contrary to jus cogens?
norms and principles.” As a
result, jus cogens norms are
A treaty is void, if at the time of customary law may be
its conclusion, it conflicts with a supplemented or modified in
peremptory norm of general order to achieve justice. It has
international law or jus cogens. both a procedural and
(Vienna Convention on the Law of substantive aspect. Procedurally,
Treaties, art. 53) If a new it means a mandate given toa
peremptory norm of general judge to exercise discretion in
international law emerges, any order to achieve a determination
existing treaty which is in that is more equitable and fair.
conflictwith that norm becomes (Bernas, Public International Law,
void and terminates. (Vienna 2009)
Convention on the Law of What are the different types of
Treaties, art. 64). (Jus cogens > equity?
Treaty) 1. Equity intra legem (within
What is the difference between the law)
jus cogens and erga omnes? – that is, the law is adapted to
Jus cogens is different from erga the facts ofthe case;
omnes. (One is not the subset of 2. Equity praeter legem
the other). Jus cogens pertains to (beyond the
the non-derogability of a norm law)
and the validity of rules and acts – that is, it is used to fill the gaps
that conflict with it. Erga omnes Within the law; and
pertains to obligations owed to 3. Equity contra legem (against
the humanity as a whole. the law)
3. WHAT IS EX AEQUO ET – that is, a refusal to apply the
BONO? law which is seen as unjust.
Literally, justice and fairness. (Bernas, Public International Law,
The ancient concept is based 2009)
upon the idea of ‘fundamental What is the difference between
fairness’ as a guideline principle equity and ex aequo et bono?
in arbitration and other dispute The power to apply principles of
settlement processes. (the equity in no way restricts the
auspices of the Max Planck power of the ICJ to decide cases
Institute for Comparative Public based on Ex Aequo et Bono
Law and International Law) should the parties so agree that
Under the ICJ Statute, the the controversy is to be decided
International Court of Justice is on the said principle
given the authority to decide a
case ex aequo et bono (according
to what is fair and good)despite
the existence of law provided that
the parties expressly agree. (ICJ
Statute, art. 38(2)
What is equity?
Although not an independent
source of
International Law, when
accepted, is an instrument
whereby conventional or