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9 views

ILhw 1

Uploaded by

Claire Anne Bernardo
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© © All Rights Reserved
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PARALEJAS, Claire Anne F.

November 18, 2011


4- BSLM International Law

1. Are individuals covered by International Law?

YES. Although its traditional concept includes “a body of rules and principles of action
which are binding upon civilized states in their relations with one another”, in an expanded
concept, according to one of writers, Schwarzenberger, he said that “International Law is the
body of legal rules which apply between sovereign states and other entities as have been granted
international personality” in which individuals have been suggested which are the real and only
subject of International Law on the ground that “all law is a regulation of human conduct”.

2. Describe the Relationship between International Law and Municipal Law

States admitted to the family of nations are bound by the rules prescribed by it for the
regulation of International intercourse.
As in one case in in the US, there was held that when their independence was declared,
they were bound to receive the law of nations in its modern state of purity and refinement. Also
in another case, Paquete Habana case, it was held that “International Law is a part of our law and
must be ascertained and administered by the courts of justice of appropiate jurisdiction as often
as questions of rights depending upon it are presented for determination”. There was also a
statement that says “The law of nations, although not specially adopted by the Constitution or
any municipal act, is essentially and part of the law of the land. Its obligation commences and
runs with the existence of a nation”.
The Philippines and other specific states adopted the doctrine of incorporation in which it
is by affiriming the recognition of the principles of International Law in the Constitution.
In the doctrine of transformation, generally accpeted rules of International Law must first
be embodied in legislation enacted by the lawmaking body and transform into municipal law in
order for it to become binding.

3. In case of conflict, between International Law and Municipal Law, what should be
done? Explain.

The solution for such conflict between International Law and Municipal Law is not yet in
sight since there are many interpretations as to which law is to be followed in case of conflict.

One of which is from the International viewpoint, from the International tribunals which
follows the view that “to sustain or uphold the supremacy of municipal law over international
law could lead to international anarchy and lawlessness, each state discarding and repudiating
such parts of international law as are inconsistent with and inimical to its national interests,
ambitions and policies” and thus, such tribunals consistently support international law over
municipal law.
Another is from the national viewpoint, from which the arbitrators held that “it is a settled
principle of international law that a sovereign cannot be permitted to set up his own municipal
law as a bar to a claim by a foreign sovereign for a wrong done to the latter’s subject”.
Therefore, one Fenwick summarizes such in which it states “international law is binding
upon the state as a corporate person and no provision of the national constitution or act of the
national legislature or dcree of the executive or judicial agencies can change the force of its
provisions in so far as the legal relations of the state toward other states are concerned.”
By contrast, the Supreme Court of the US stated that “International law is only law only
in so far as we adopt it and,like all common or statute law, it bends to the will of the Congress.”

4. Explain the distinction between International Law and Municipal law

As to Implementation, Municipal law is issued by a political superior in which it is


promulgated by competent authority for instance, the executive, legislative and judicial branches
of the government in our country whereas International Law is not imposed upon but simply
adopted by states as a common rule of action among themselves.
As to Composition, Municipal law is enacted by law making body of each state whereas
International law is derived from such sources as International customs, international
conventions and general principles of law.
As to Relationship, Municipal law regulates relations of individuals among themselves or
or with their own states whereas International law applies to the relations of states and other
international persons.
As to Sanctions, violations in Municipal law are redressed through local administration
and judicial processes whereas International law is through state-to-state transactions like
negotiations and arbitration to the hostile arbitrament of force.
As to Breaches, Municipal law generally entail only individual responsibility whereas in
International law, such responsibility for breach is collective in the sense that it attaches directly
to the state and not to its nationals.

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