WHAT ARE THE DIVISIONS OF PUBLIC INTERNATIONAL LAW? TELL SOMETHING ABOUT IT.

DIVISIONS OF INTERNATIONAL LAW

1. Laws of peace
- govern the normal relations of states.

2. Laws of war
- when war breaks out between or among some of them, the relation of these states cease to be
regulated under the laws of peace and come under the laws of war.

3. Laws of neutrality
- those states not involved in the war continue to be regulated under the laws of peace in their
relations inter se. however, their relations with the belligerents, or those involved in the war, are
governed by the laws of neutrality.

WHAT ARE THE SOURCES OF INTERNATIONAL LAW?

A. Primary Sources
1. Treaties and Conventions
2. Customs
3. General Principles of Law

B. Secondary Sources
1. Decision of Courts
2. Writings of Highly Qualified Publicists

WHAT ARE THE BASES OF INTERNATIONAL LAW?

BASIS OF INTERNATIONAL LAW

1. Naturalist school of thought

- there is a natural and universal principle of right and wrong, independent of any mutual
intercourse or compact, which is supposed to be discovered and recognized by every individual
through the use of his reason and his conscience.

2. Positivists
- The binding force of international law is derived from the agreement of sovereign states to be
bound by it. It is not a law of subordination but of coordination.
- Positive identification with or acknowledgement of the law is necessary to make it binding on
the States it purports to govern

3. Eclectics or Grotians
- Both the law of nature and the consent of states as the basis of international law.
 - The system of international law is based on “the divide of right reason” as wells as “the practice
of States”

WHAT IS THE DIFFERENCE OF DOCTRINE OF INCORPORATION AND DOCTRINE OF

TRANSFORMATION. KNOW THE DOCTRINE IN THAT CASE OF SECRETARY OF JUSTICE V.
LANTION JANUARY 18,2000 AND TANADA V. ANGARA MAY 2, 1997
A. Doctrine of Incorporation
- By mere constitutional declaration, international law is deemed to have the force of municipal
or domestic law.
- Applicable to customary rules accepted as binding to all states-has the character of opinion
juris sive necessitates (opinion as to law or necessity).
Art. II, Sec. 2 1987 Phil. Const‟n: The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of international law as part of the law
of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity
with all nations. (JEF, PACo)
- International laws are adopted as part of a state’s municipal law, by affirming their recognition of the
principles of international law in their constitutions.

B. Doctrine of Transformation
- The generally accepted rules of international law are not per se binding upon the state but must
first be embodied in the legislation enacted by the lawmaking body and so transformed into
municipal law. Only when so transformed will they become binding upon the state as part of its
municipal law.