NOTES ON PUBLIC INTERNATIONAL LAW
CHAPTER 1 GENERAL PRINCIPLES Nature and Scope
Public International Law – It is the body of rules and principles that are recognized as legally binding and which govern the relations of states and other entities invested with international legal personality. Formerly known as “law of nations” coined by Jeremy Bentham in 1789.
Three Major Parts of Public International Law
1. Laws of Peace – normal relations between states in the absence of war. 2. Laws of War – relations between hostile or belligerent states during wartime.
3. Laws of Neutrality – relations between a non-participant state and a participant state during wartime. This also refers to the relations among non-participating states.
Sources of Public International Law
1. International conventions 2. International custom 3. The general principles of law recognized by civilized nations. prescription, pacta sunt servanda, and estoppel).
(e.g.
CODES AND NOTES ON PUBLIC INTERNATIONAL LAW by PORFERIO JR. and MELFA SALIDAGA
Distinction of Public International Law with Municipal Law
Municipal Law Public International Law
1. Issued by a political superior for 1. Not imposed upon but simply observance by those under its adopted by states as a common rule of authority; action among themselves; 2. Consists mainly of enactments from 2. derived not from any particular the law-making authority of each state; legislation but from such sources as international customs, international conventions and the general principles of law; 3. Regulates the relations of 3. Applies to the relations inter se of individuals among themselves or with states and other international persons; their own states; 4. Violations are redressed through 4. Questions are resolved through local administrative and judicial state-to-state transactions ranging from processes; and, peaceful methods like negotiation and arbitration to the