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    Political Law Reviewer pt2

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    Liz Lorenzo
    The document discusses how international law becomes part of domestic Philippine law under the 1987 Constitution. It can be transformed into domestic law through legislation or incorporated by mere constitutional declaration. Generally accepted principles of international law, such as renunciation of war and sovereign immunity, form part of Philippine law even without a treaty obligation. For a customary international law to be generally accepted, it requires established and consistent state practice along with a sense of legal obligation (opinion juris).

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    Political Law Reviewer pt2

    Uploaded by

    Liz Lorenzo
    34 views2 pages
    The document discusses how international law becomes part of domestic Philippine law under the 1987 Constitution. It can be transformed into domestic law through legislation or incorporated by mere constitutional declaration. Generally accepted principles of international law, such as renunciation of war and sovereign immunity, form part of Philippine law even without a treaty obligation. For a customary international law to be generally accepted, it requires established and consistent state practice along with a sense of legal obligation (opinion juris).

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    The document discusses how international law becomes part of domestic Philippine law under the 1987 Constitution. It can be transformed into domestic law through legislation or incorporated by mere constitutional declaration. Generally accepted principles of international law, such as renunciation of war and sovereign immunity, form part of Philippine law even without a treaty obligation. For a customary international law to be generally accepted, it requires established and consistent state practice along with a sense of legal obligation (opinion juris).

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    34 views2 pages

    Political Law Reviewer pt2

    Uploaded by

    Liz Lorenzo
    The document discusses how international law becomes part of domestic Philippine law under the 1987 Constitution. It can be transformed into domestic law through legislation or incorporated by mere constitutional declaration. Generally accepted principles of international law, such as renunciation of war and sovereign immunity, form part of Philippine law even without a treaty obligation. For a customary international law to be generally accepted, it requires established and consistent state practice along with a sense of legal obligation (opinion juris).

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Political Law Review Part 2

    Adoption of Generally Accepted Principles of International Law



    Under the 1987 Constitution, international law can become part of the
    sphere of domestic law either by transformation or incorporation.
    Transformation: Requires that an international law be transformed into
    a domestic law through a constitutional mechanism such as local
    legislation.
    Incorporation: When, by mere constitutional declaration, international
    law is deemed to have the force of domestic law. [Pharmaceutical and
    Health Care Assoc. Of the Philippines v. Duque III, G.R. No. 173034
    (2007)]
    Generally accepted principles of international law, by virtue of the
    incorporation clause of the Constitution, form part of the laws of the land
    even if they do not derive from treaty obligations.
    "Generally accepted principles of international law" - norms of
    general or customary international law which are binding on all states,
    i.e,
    1. Renunciation of war as an instrument of national policy, 


    2. The principle of sovereign immunity, 


    3. A person's right to life, liberty and due 



    process, and 


    4. Pacta sunt servanda (international agreements must be performed in


    good faith)
    The classical formulation in international law sees those customary
    rules accepted as binding result from the combination of two elements:
    1. The established, widespread, and consistent practice on the part
    of States; and 

    Political Law Review Part 2

    2. A psychological element known as the opinion juris sive


    necessitates (opinion as to law or necessity) [Mijares v. Rañada,
    G.R. No. 139325 (2005)]. 


    International customary rules are accepted as binding as a result from


    the combination of two elements:
    1. The established, widespread, and 

    consistent practice on the part of States; 

    and 


    2. A psychological element known as the 



    opinion juris sive necessitates (opinion as to law or necessity)
    [Poe-Llamanzares v. COMELEC, G.R. No. 221697 (2016)]. 


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