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Recall:

International law- law of nations [rules applicable to states]

- inter-nation law [rules on relations of states inter se]

Consensual theory (positive law):- rules created by a community of states occupying theterritory called Earth who consider themselves as onecommunity called international community of nation-states

- to govern conduct of its members with:- one another (among states),

- other legal persons (intl organizations, corporations,etc), and

- natural persons

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Recall:

Rules of international law created through any one of 3processes (called formal sources):

- treaty rule-making process (intentionally created)

- customary rule-making process (result of state practice withopinio juris)

- general legal principle-making process (looking at majornational legal systems and deriving what are commonprinciples)

Existence and content of a rule of international law

determined through materials (called materialsources):

- principal means (e.g., text of treaty, state practice)

- subsidiary means (e.g., judicial decisions, teachings ofpublicists)

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Recall:

Hierarchy of rules of international law:

- primary: treaty rules and customary rules

* general rule: equal

* exception: jus cogens (special type of customary rules)

- supplementary: general principles

Priority in case of conflict between treaty and custom:

- type

- terms

- timing

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Subjects of International Law

Key question 1: Who are bound by rules of internationallaw?

Key question 2: Who may claim rights under such rules?

Concept

- holders of rights and obligations

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Subjects

Philippine law

- natural persons

- legal persons created by natural persons

International law

- states

- non-states

- international organizations

- natural persons

- legal persons created under national law

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States:

- Qualifications for an entity to become a state

- Convention on the Rights and Duties of States [1933] signedin Montevideo, Uruguay by the Organizat ion of AmericanStates

(1) permanent population

(2) defined territory

(3) government

(4) sovereignty (capacity to enter into relations with otherStates)

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Recognition of states- application of Palestine as UN member

(1) declarative theory

(2) constitutive theory

Recognition of governments

- recognition of National Transitional Council of Libya

- recognition of Syrian National Council

- Estrada Doctrine

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Rights of states- Montevideo Convention [1933]

- International Law Commission Draft Declaration on the

Rights and Duties of States [1949])

Independence

Self-defense

Equality in law

Jurisdiction over its territory and persons and things

therein

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Duties of states- Article 2, UN Charter; Montevideo Convention [1933]

- International Law Commission Draft Declaration on the

Rights and Duties of States [1949]

Non-intervention

Non-use of force

Pacific settlement of disputes

Respect for human rights

Other duties