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    PIL - Module 1 Presentation PDF

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    PIL - Module 1 Presentation PDF

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    84 views12 pages

    PIL - Module 1 Presentation PDF

    Uploaded by

    Kris Ellen
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    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 12

    USC School of Law and Governance

    Public
    International
    Law
    DARYL BRETCH M. LARGO, AB POSC, LLB, LLM
    GUIDE QUESTIONS:
    1. Is Public International Law a “law”?
    2. How is public international law “formed” and
    “enforced” to make it a law?
    3. Who are the "subjects" of international law?

    2020 | DBL.USC
    Module 1
    Points of Discussion

    Meaning and Nature of International Law


    Historical Development of Public International Law
    Characteristics of Public International law
    Public International law as ‘binding law’
    The scope of Public International law
    Public International Law vs. Private International Law
    Entities that create International law
    Subjects of Public International law

    2020 | DBL.USC
    PIL as Law Subjects of PIL

    1. Meaning/Nature  1. Subjects v. Objects 


    2. Brief History  2. Evolution 
    3. Characteristics  3. Public v. Private
    4. Formation and International Law
    Enforcement 

    2020 | DBL.USC
    Evolution of the Concept
    of International Law
    Traditional: 1. States

    Modern: 1. States
    2. Entities

    Contemporary: 1. States
    2. Organizations
    3. Persons

    2020 | DBL.USC
    Post-Modern or Contemporary Definition:

    Section 101, Restatement [Third] of the Law by the


    American Law Institute of Foreign Relations Law of
    the United States (1987):

    “rules and principles of general


    application dealing with the conduct of
    states and of international organizations
    and with their relations inter se, as well as
    with some of their relations with persons,
    whether natural or juridical”
    Public International Law : Private International Law:
    governs the activities of governs the activities of
    states and other individuals, corporations, and
    international persons or other private entities when
    entities in relation to each
    other. It governs they cross national borders
    “relationships” of and in controversies involving
    international persons foreign  element. It resolves
    inter se. “conflict of laws”.
    CLASSICAL AGE (16th-18th Century)

    Mare Liberium (1609) & The Law of War and Peace (1625)
    of Hugo Grotius
    Treaty of Westphalia (1648)
    Jeremy Bentham (1789)

    Brief History
    MODERN-CONTEMPORARY (19th-21st Century)

    Lieber Code (1863); PCA (1899)


    Hague (1907) & Geneva (1949) Conventions; League of
    Nations-PCIJ (1922-1944), UN-ICJ (1945), ILC (1948),
    Modern International Law
    09.
    REGIMES 

    1 2 3

    LAWS OF
    LAWS OF PEACE LAWS OF WAR
    NEUTRALITY
    Law of Treaties Jus ad Bellum
    Govern the conduct
    Law of the Sea Jus in Bello
    of states not
    Diplomatic
    engaged in war
    Relations, etc.

    05.
    Reparation for Injuries Case
    (ICJ Advisory Opinion 1949)
    “International legal personality" - the ability to
    POSSESS  international rights and duties and the
    power to SUSTAIN  these rights by bringing
    international claims”. 

    While it is conceded that original international legal


    personality belongs to the main actors of
    international law, namely states, the UN had
    international legal personality through the fact that
    its member states, by the very fact of creating such
    an organization, must have transferred some of their
    powers over the organization.
    With international legal personality

    see: Reparation for Injuries Case (ICJ Advisory


    Opinion 1949)

    Subjects of Primarily: States

    PIL See: Akehurst

    Secondarily: International
    Organizations, NGOs, certain
    Individuals

    12.
    Characteristics
    of PIL

    CONSENT-BASED HORIZONTAL SELF-HELP

    Treaty-based No Supreme Retorsion


    Practice-based Authority Reprisal
    Sovereign States Countermeasures

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