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    Int Law Week 1

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    This document provides an overview of three topics related to international law: 1. It defines public and private international law and discusses their nature. Public international law governs relations between states, while private international law directs domestic courts on foreign legal issues. 2. It outlines some of the major historical milestones in the development of international law. 3. It discusses the subjects of international law, including states and non-state actors like international organizations. States must have a permanent population, defined territory, government, and capacity to engage with other states.

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    Int Law Week 1

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    haifahasalal
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    This document provides an overview of three topics related to international law: 1. It defines public and private international law and discusses their nature. Public international law governs relations between states, while private international law directs domestic courts on foreign legal issues. 2. It outlines some of the major historical milestones in the development of international law. 3. It discusses the subjects of international law, including states and non-state actors like international organizations. States must have a permanent population, defined territory, government, and capacity to engage with other states.

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    Int-Law-Week-1

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    This document provides an overview of three topics related to international law: 1. It defines public and private international law and discusses their nature. Public international law governs relations between states, while private international law directs domestic courts on foreign legal issues. 2. It outlines some of the major historical milestones in the development of international law. 3. It discusses the subjects of international law, including states and non-state actors like international organizations. States must have a permanent population, defined territory, government, and capacity to engage with other states.

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    24 views24 pages

    Int Law Week 1

    Uploaded by

    haifahasalal
    This document provides an overview of three topics related to international law: 1. It defines public and private international law and discusses their nature. Public international law governs relations between states, while private international law directs domestic courts on foreign legal issues. 2. It outlines some of the major historical milestones in the development of international law. 3. It discusses the subjects of international law, including states and non-state actors like international organizations. States must have a permanent population, defined territory, government, and capacity to engage with other states.

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    You are on page 1of 24

    INTERNATIONAL

    LAW
    AY 2023-24 First Semester
    No. 1

    Week 1: Definition and Nature of International Law


    No. 2

    Intro to Historical Development and Major Milestone

    International Law
    No. 3

    Subjects of International Law


    Menti.com
    What are the top 5 words that come to your mind
    when you encounter these words:

    “International Law”
    01.

    Definition and Nature of International Law


    Traditional Public International Law is…

    a body of rules and principles of action


    Definition of which are binding upon civilized states in
    their relations to one another
    Public
    (Bernas, Public International Law, 2009).

    International
    Law
    Modern Public International Law is…

    law which deals with the conduct of states and of


    Definition of international organizations and with their relations
    inter se, as well as some of their reasons with
    Public persons, whether natural or juridical.
    (Restatement (Third) of Foreign Relations Law of the United States).

    International
    Law
    Definition of Private International Law is…

    That part of municipal law of a state


    Private which directs its courts and administrative
    agencies, when confronted with a legal
    International problem involving a foreign element,
    whether or not they should apply a foreign
    Law law/s.
    (Paras).
    Is it hard law or a soft law?

    Hard Law Soft Law


    Is it hard law or a soft law?

    Hard Law Soft Law


    This refers to binding international This is created for the promotion of
    legal norms or those which have ‘norms’ which are believed to be good and
    coercive character. therefore should have general or universal
    application.
    What is its basis?
    1. The Natural Law School
    2. The Positivist School
    3. The Eclectic or Grotian School
    4. Ubi Societas Ibi Jus
    5. Belief of States
    What is its basis?
    The Natural Law 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 reason and
    conscience.
    What is its basis?
    The Positivist School The binding force of international law is
    derived from the agreement of the States to be
    bound by it.

    It is a law of coordination.
    What is its basis?
    The Eclectic or The voluntary law may be said to blend with
    the natural law and be an expression of it. In
    Grotian School case of conflict, the natural law prevails,
    being more fundamental.
    What is its basis?
    Ubi Societas Ibi Jus The law is considered the hallmark of any
    political community which intends to act
    together for the common good. Law is,
    therefore, considered necessary for the
    society to function, and because it is
    necessary, it is ex hypothesi binding.
    What is its basis?
    Belief of States International Law is simply that it exists
    because the States believe so.
    02.

    Historical Development and Major Milestone


    03.

    Subjects of International Law


    Subject
    An entity that has rights and responsibilities under international law. It can be a proper party in
    transactions involving the application of law of nations among members of the international
    community.

    Also called as “International legal persons”.

    Object
    It is merely indirectly vested with rights and obligations in the international sphere.
    Is a Filipino citizen –
    a subject or an object,
    under the international law?
    Categories of Subjects:

     State
     Non-state Actors
    STATE
    As a person of international law should
    possess the following qualifications:

    1. Permanent population;
    2. Defined Territory;
    3. Government; and
    4. Capacity to enter into
    relations with other States.
    Non-state Actors

    International Organizations Belligerent and Insurgent

    and Administration Communities, Entities Legally


    Proximate to States
    Next Week: Sources of International Law
    Thank you!

    Cindy

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