International Law in the Philippines

International Law in the Philippines

• International law principles can be incorporated into municipal law through doctrines of incorporation and transformation.
• Examples of Philippine law that adopts international law include the Mutual Defense Treaty between the Philippines and the United States, which addresses specific issues between the two countries.
• International customary law is derived from the consistent conduct of states, acting out of a belief that such conduct is legally required.
• There are two elements of international customary law: state practice and opinio juris sive necessitates.
• State practice refers to the consistent and widespread practice by states.
• Opinio juris sive necessitates is the belief that the practice is legally required.
• International customs can be regional, applying only to specific groups of countries, or special/local, applying to a very small group of countries.

Freedom of the High Seas

• States have rights and duties concerning navigation, overflight, resource use, and research on the high seas.
• Duties include assisting ships in distress, cooperating against piracy, and preventing illegal drug trafficking.

International Tribunal for the Law of the Sea (ITLOS)

• ITLOS resolves maritime disputes between countries.
• It has 21 judges elected by member states.

Universal Declaration of Human Rights (UDHR)

• All human beings are born free and equal in dignity and rights.
• They are entitled to all rights and freedoms regardless of race, color, sex, language, religion, or other status.
• UDHR outlines civil and political rights, including:
  • Right to life, liberty, and security of person.
  • Freedom from slavery, torture, and arbitrary arrest.
  • Equal protection of the law.
  • Effective remedy and fair hearings.
  • Freedom of movement, residence, asylum, nationality, marriage, property ownership.
  • Freedom of thought, conscience, religion, opinion, expression, peaceful assembly, participation in government, and equal access to public service.

International Covenant on Civil and Political Rights (ICCPR)

• Grants people the right to:
  • Self-determination.
  • Freedom from political status.
  • Economic, social, and cultural development.
  • Disposal of natural resources without prejudice to International Economic Cooperation.
  • Life.
  • Freedom from torture, enslavement, imprisonment, and recognition as a person before the law.
  • Prohibition on genocide.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

• Aims to ensure economic, social, and cultural rights for all individuals.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

• Defines discrimination as any distinction, exclusion, or restriction based on sex.
• Includes gender-based violence resulting in physical, sexual, or psychological harm or suffering to women.

Migrant Workers Convention

• Outlines the rights of migrant workers and their family members.
• Includes freedom from torture, cruel treatment, slavery, or forced labor; freedom of thought, conscience, and religion; freedom of expression; and equality with nationals before courts.

Cold War

• Arises from political differences between US and Soviet Union.
• Two major political factions emerge - the Western Bloc (US and NATO) and the Eastern Bloc (Soviet Union).
• The US seeks to contain Soviet Union's communist expansion.

Dependency Theories

• Developed by Raul Prebisch and Hanssinger.
• Countries categorized as "core" (developed) or "peripheral" (developing).
• Resources tend to flow from periphery to the core.

World System

• Theory by Wallerstein (1975).
• World system encompasses boundaries, structures, member groups, legitimation rules, and coherence.
• A single capitalist world-economy exists.

Global Divide

• Contemporary term for stratification among nations.
• Facilitated by: growing tourism, multilateral meetings, expanding regional trade and investments, increased connectivity, regional infrastructure projects, collaboration in delivering public goods.

Regionalism

• Two types: Old Regionalism and New Regionalism.
• Old Regionalism is bipolar, characterized by political alliances.
• New Regionalism is multipolar, with open multilateral engagement and collaborations.
• Regionalism is characterized by seeking peace, welfare, and prosperity for its people.

Asian Region Cooperation

• Despite challenges and criticisms, cooperation exists in Asia.
• Major organizations include:
  • APEC (Asia Pacific Economic Cooperation).
  • EAS (East Asian Summit).
  • APc (Asia Pacific community).
  • EAC (East Asian Community).
  • ASEAN (Association of Southeast Asian Nations).
  • APT (ASEAN Plus Three).

This quiz explores the incorporation of international law into Philippine municipal law, highlighting key doctrines and examples such as the Mutual Defense Treaty with the U.S. It covers essential aspects of international customary law, including state practice and opinio juris, as well as the distinction between regional and local customs.