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Guys have you accessed the implementation on the TRO? So what constitutional

right was violated? Right to travel is that part of the constitution? Guys if there is a

case decided by the Supreme court and it is of great importance, the chance of it

being asked in the bar, is than cases that are not that important. So advise you to

read the case, because during bar review you don!t have time for the case, so

better now, if you encounter a case you read the case, that!s why it is wise to watch

the news, or interview of e"perts, because it is presumed that they have study.

#hen took the bar, ta" case , a big case sa business sa news papers, there was no

bu$$ on this case, and when took the bar, number % &uestion sa bar, f wasn!t

able to read it, there is no way would have been able to answer. 'verything really

would be clearer.

nternational Society and nternational (egal )ommunity by *ermann +osler

)lass these are preliminary matters, but are important, because they set the

parameters in international law, why is it important? ecause writers can!t agree on

a single de-nition of international law. ut that should not give you an e"cuse not to

have your de-nition of international law.

Remember

ccording to Oppenheim.

nternational (aw /

s the body of customary and treaty rules which are considered legally binding

between states in their intercourse with one another.

#hen asked a &uestion after all this is a ar sub0ect, so we should settle with a bar1

type answer, what is international law according to Oppenheim you will really have

points, because not everyone knows Oppenheim. ecause guys the e"aminer will

0ust read your answer , and look into the elements. So guys in answering the

&uestions, be sensible with the elements, infuse with as much substance as

possible, that is the way you do it, but don!t over do it.

Ok what is the relation between international law and the international community?

Two elements necessary for the existence of an international legal

community.

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2.3 The fact that a certain number of independent societies organi$ed on a

territorial basis e"ist side by side, and 4 meaning there must be states3

%.3 the psychological element in the form of a general conviction that all theseunits are partners mutually bound by reciprocal, generally applicable, rules

granting rights imposing obligations and distributing competence.2

nd then +osler discussed Order, the origin of international law and the more

important ones.

(egal Relations etween Sovereign States and the nternational )ommunity

The decisive factor in the newly emerging society was that legal obedience to a

superior power was replaced by rules to be observed between entities e&ual in law. %

*e discussed the vertical order present in +unicipal law, and the *ori$ontal order

present in nternational law.

(egal obedience in municiplal law is to a superior power, but in international law it

was replaced by rules to be observed between e&ual entities. #e refer that to the

Doctrine of sovereign equality of States.

5ou might be 6hilippines compose of 78 plus +illion people but your vote is as

valuable as 'ast Timor

5ou might be the second most powerful 9ation on 'arth but your vote is as e&ual as

the least powerful nation on earth?

#hat are the instances in your readings where the counting of votes are

proportionate to the in:uence or economy or military power of states? nswer is

;inancial bodies, +;, the #orld bank ang voting didto dili na e&ual, if you are the

2

The decisive factor in the newly emerging society was

that legal obedience to a superior power was replaced

by rules to be observed between entities e&ual in law

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+ohammed ed0aoui / General ntroduction, nternational (aw / chievements

and 6rospects, pp %12=

The 0uridical phenomenon cannot be e"plained in itself and for itself but only in

terms of the overall political and socio1economic system of which it is part and with

which it is inevitably bound up in an interactive relationship>

t used to be 'uropean nternational (aw, the club, if your part of the 'uropean

community then you are part of the club, 'urope used to govern the rules, the laws,

the club@/ to the e"tent that the club ensured that each one of them en0oyed

sovereignty and independence on a basis of full reciprocity. A

in fact there were this categories, the civili$ed nations, the barbarians, and

savages, then categori$ed to civili$ed semi1civili$ed and uncivili$ed. re these stillcontrolling? 9o , what is controlling is the Doctrine of Sovereign equality of

states

;or purposes of the application of 'uropean international (aw, (orimer, in 2==>1

2==A, divided the human race into three categories/ )ivili$ed@, barbarian@ and

savage@B Con (is$t, in 2=7=, classi-ed it, in his turn, as civili$ed@ and semi1

civili$ed@, and uncivili$ed@.D

5ou know what guys international law is a bar sub0ect, and a sub0ect with kana gani

with doctrines, doctrines, .. so what is the Eoctrine of Sovereign '&uality of States?

Gesal inserted this/

THE REPUBLIC OF INDONESIA vs. JAMES VINZON, doing bsin!ss nd!" #$! n%&! %nd s#'(! o) VINZON TRADE

AND SERVICES

*.R. No. +-/. Jn! 01, 0//2

In #$! 3%s! o) )o"!ign S#%#!s, #$! "(! is d!"iv!d )"o& #$! 4"in3i4(! o) #$! sov!"!ign !5%(i#' o) S#%#!s, %s

!64"!ss!d in #$! &%6i&par in parem non habet imperium. A(( s#%#!s %"! sov!"!ign !5%(s %nd 3%nno#

%ss!"# 7"isdi3#ion ov!" on! %no#$!". A 3on#"%"' %##i#d! 8o(d nd(' v!6 #$! 4!%3! o) n%#ions.

>ed0aoui, +ohammed. General ntroduction, nternational (aw page A

Aed0aoui, +ohammed. General ntroduction, nternational (aw page FDed0aoui, +ohammed. General ntroduction, nternational (aw page =

'uropean nternational lawthe

club@/ to the e"tent that the club

ensured that each one of them

en0oyed sovereignty and

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nternational law used to be a -eld that involves only states, but it is not correct at

present, because we now have individuals, international organi$ations.

n what way could be an individual be a sub0ect of international law? +ore in

criminal prosecutions, like crimes against humanity.

nternational law thus shows many clear indications of progressively becoming the

law of a world community of human beings and peoples, transcending its evident

and abiding inter1State basis.F

nternational law, traditionally conceived as an instrument for co1ordinating

sovereignties, has been invested with a task of transforming international society

and has been applied in the service of -nalities such as peace, development, human

happiness and the ecological preservation of the planet.H

These are what composed of nternational law now, before it was all about states,

now it tackles other issues , like environment. t shows nternational law is not 0ust

about rules, if it were , international law cannot be applied in a given case when

there are no rules, remember *iggins? That nternational law are not rules but a

process.

>>/2=

Fed0aoui, +ohammed. General ntroduction, nternational (aw. page 2>Hed0aoui, +ohammed. General ntroduction, nternational (aw. page 2A

To rely merely on accumulated past decisions 4rules3 when the

conte"t in which they were articulated has changed1 and indeed

when the context in which they were articulated is unclearIis

to ensure that international law will not be able to contribute to

today!s problems and , further, that it will be disobeyed for

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Oscar Schachter mentioned Sovereign e&ulity, in

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Then it discussed norm creating treaty , not only bind the parties, but the

whole international community as discussed in the 9orth Sea case and

9icaragua case.

nswers/

ccording to what may be called the dualistic view. The (aw of nations and

the +unicipal (aw of several States are essentially diJerent from each other.

AS TO SO!"#S$

They diJer, -rst, as regards their sources. The sources of +unicipal (aw are

custom grown up within the boundaries of the State concerned and statues

enacted by the law giving authority.

The sources of nternational (aw are custom grown up among States and law1

making treaties concluded by them.

AS TO !#%AT&O'S$

The (aw of 9ations and +unicipal (aw diJer, secondly, regarding the relations

they regulate. +unicipal (aw regulates relations between the individuals

under the sway of a State and the relations between the State and the

individual. nternational (aw, on the other hand, regulates relations between

States.

AS TO S(STA'"#$

The (aw of 9ations and +unicipal (aw diJer, thirdly with regard to the

substance of their law/ whereas +unicipal (aw is a law of a sovereign over

individuals sub0ected to his sway, the law of 9ations is a law not above, butbetween, sovereign States, and is therefore a weaker law. 22

On this day Sir re&uired us to recite our answers using the law, using legal

terms.

22Oppenheim, nternational (aw,Col. 2 page >H

)uestion$ !elation of international law and *unici+al %aw

)lass this is a ar &uestion asked several times..#hat are the two views

on the relations of nternational law and +unicipal law?

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Luestion/ The 6hilippines which view we adhere to?

Eualistic view.

Gesal inserts ;urther discussion from ;r. ernas book/

S to Treaties/2%

#hat doe 6hilippine law follow? n the case of treaties as international law,

they become part of the law of the land when concurred in by the Senate in

accordance with rticle C, Section %2 of the )onstitution which sets down

the mechanism for transforming a treaty into binding municipal law.

s to )ustomary law and treaties which have become customary law, by

saying that the 6hilippines adopts the generally accepted principles ofinternational law as part of the law of the land.@ The )onstitution manifests

its adherence to the dualist@ theory and at the same time adopts the

incorporation theory and thereby makes international law part of domestic

law.

'nd of lecture/

5ou went in emptied, you went out something.. by/ tty. (igutan

Eo everything without complaining or arguing, so that you may be innocentand pure as God!s perfect children, who live in a world of corrupt and sinful

people. 5ou must shine among them like stars lighting up the sky,..

46hilippians %/ 2A12D3

2%ernas, ;r.Moa&uin. ntroduction to 6ublic nternational (aw. %887 'd. 6age F8.