MIDTERMS_INTERNATIONAL LAW Flashcards
BAWI MALALA (39 cards)
SOURCES OF INTERNATIONAL LAW
INTERNATIONAL CUSTOM,
INTERNATIONAL CONVENTION
GENERAL PRINCIPLES OF LAW,
JUDICIAL DECISIONS AND TEACHINGS OF THE MOST HIGHLY QUALIFIED PUBLICISTS
It is a formal agreement, usually but not necessarily in writing, entered into by states or entities possessing a treaty-making capacity for the purpose of regulating their mutual relations under the law of nations
TREATY
Other terms for a treaty include
Agreements, Conventions, Covenants Protocols, Pacts, Etc.
ENUMERATE THE REQUISITES FOR A TREATY OR CONVENTION TO BE VALID
TREATY-MAKING CAPACITY, THROUGH THEIR AUTHORIZED ORGAN OR REPRESENTATIVE, WITHOUT THE ATTENDANCE OF DURESS, FRAUD, OR MISTAKE, BASED ON A LAWFUL SUBJECT, AND IN ACCORDANCE WITH THEIR RESPECTIVE CONSTITUTIONAL PROCESSES
It is one of the oldest and most characteristic exercises of a state’s sovereignty and independence
TREATY-MAKING CAPACITY
GENERAL RULE OF TREATY-MAKING CAPACITY AND WHAT ARTICLE CAN IT BE FOUND
All Sovereign states and entities under international law have (a) full treaty-making capacity. Every State possesses the capacity to conclude treaties. (ART.6 OF THE VIENNA CONVENTION)
EXCEPTION OF TREATY-MAKING CAPACITY
Unless otherwise limited by pre-existing agreements o self-imposed inhibitions
UNDER WHAT ARTICLE DOES IS STATE THAT: By default, heads of state, have the authority to conclude a treaty as representatives of their respective countries
ARTICLE 7, PAR 2 (A) OF THE VIENNA CONVENTION
In the Philippines, it is the _______ as the chief diplomat and foreign policy-maker who has the authority to enter into treaties
PRESIDENT
RECITE SEC. 21, ARTICLE 7 OF THE 1987 PH CONSTITUTION
No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of the Members of the Senate
These are just adjustments of detail in carrying out well-established national policies and are merely temporary arrangements. Executive agreements need no concurrence from the Senate for its validity and effectivity.
EXECUTIVE AGREEMENTS
PROCESS OF TREATY-MAKING
NEGOTIATION, SIGNATURE, RATIFICATION, EXCHANGE OF INSTRUMENTS, REGISTRATION IN UN
The act by which the provisions of a treaty are formally confirmed and approved by the state
RATIFICATION
It is when a state joins or ratifies an existing treaty to which it is not originally a party of. The state shall be bound by the terms and conditions of the treaty though they may not have participated in its negotiation.
ACCESSION
WHAT IS THE ENGLISH TRANSLATION OF THE LATIN MAXIM PACTA SUNT SERVANDA
AGREEMENTS MUST BE KEPT AND COMPLIED WITH
EXPLAIN THE CONCEPT OF PACTA SUNT SERVANDA
Treaties must be observed in good faith despite the hardship of the contracting state, such as conflicts between the treaty and its constitution or prejudice to the national interest as a result of the operation of the treaty. This is based on the principle of good faith.
WHAT IS THE ENGLISH TRANSLATION OF THE LATIN MAXIM REBUS SIC STANTIBUS?
THINGS STANDING THUS
An event or circumstance which would justify the non-performance of a treaty obligation if the conditions in relation to which the parties contracted have changed so materially and so unexpectedly as to create a situation in which the exaction of the performance would be unreasonable.
REBUS SIC STANTIBUS
INSTANCES WHEN A TREATY CAN BE TERMINATED:
EXPIRATION OF THE TERM OF THE TREATY, ACCOMPLISHMENT OF PURPOSE, MUTUAL CONSENT OF THE PARTIES, EXTINCTION OF ONE OF THE PARTIES IN CASE OF BI-PARTITE TREATIES, REBUS SIC STANTIBUS, OUTBREAK OF WAR, ARMED CONFLICT, OR HOSTILITIES BET. PARTIES, AND DECLARATION OF TREATY AS VOID
A general and consistent practice of states followed by them from a sense of legal obligation. These are set of unwritten rules that have developed over time as a result of repeated acts by states
CUSTOMARY INTERNATIONAL LAW
These are long and established ways of doing things by states under the conviction that it is obligatory or it is right and good.
INTERNATIONAL CUSTOMS
TWO ELEMENTS OF CUSTOMARY INTERNATIONAL LAW
STATE PRACTICE AND OPINIO JURIS
This is the actual or material element of a custom of international law. The initial factor for determining the existence of custom in international law is the actual behavior of states. It can be determined by several factors such as duration, consistency, and generality of the practice among states;
STATE PRACTICE
STATE ARTICLE 38 OF THE STATUTE OF THE ICJ
A custom must be accepted as a law between nations for it to be considered as a part of international law
