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Political Law Reviewer pt2

The document discusses how international law becomes part of domestic Philippine law under the 1987 Constitution. It can be transformed into domestic law through legislation or incorporated by mere constitutional declaration. Generally accepted principles of international law, such as renunciation of war and sovereign immunity, form part of Philippine law even without a treaty obligation. For a customary international law to be generally accepted, it requires established and consistent state practice along with a sense of legal obligation (opinion juris).

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Liz Lorenzo
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96 views2 pages

Political Law Reviewer pt2

The document discusses how international law becomes part of domestic Philippine law under the 1987 Constitution. It can be transformed into domestic law through legislation or incorporated by mere constitutional declaration. Generally accepted principles of international law, such as renunciation of war and sovereign immunity, form part of Philippine law even without a treaty obligation. For a customary international law to be generally accepted, it requires established and consistent state practice along with a sense of legal obligation (opinion juris).

Uploaded by

Liz Lorenzo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Political Law Review Part 2

Adoption of Generally Accepted Principles of International Law



Under the 1987 Constitution, international law can become part of the
sphere of domestic law either by transformation or incorporation.
Transformation: Requires that an international law be transformed into
a domestic law through a constitutional mechanism such as local
legislation.
Incorporation: When, by mere constitutional declaration, international
law is deemed to have the force of domestic law. [Pharmaceutical and
Health Care Assoc. Of the Philippines v. Duque III, G.R. No. 173034
(2007)]
Generally accepted principles of international law, by virtue of the
incorporation clause of the Constitution, form part of the laws of the land
even if they do not derive from treaty obligations.
"Generally accepted principles of international law" - norms of
general or customary international law which are binding on all states,
i.e,
1. Renunciation of war as an instrument of national policy, 


2. The principle of sovereign immunity, 


3. A person's right to life, liberty and due 



process, and 


4. Pacta sunt servanda (international agreements must be performed in


good faith)
The classical formulation in international law sees those customary
rules accepted as binding result from the combination of two elements:
1. The established, widespread, and consistent practice on the part
of States; and 

Political Law Review Part 2

2. A psychological element known as the opinion juris sive


necessitates (opinion as to law or necessity) [Mijares v. Rañada,
G.R. No. 139325 (2005)]. 


International customary rules are accepted as binding as a result from


the combination of two elements:
1. The established, widespread, and 

consistent practice on the part of States; 

and 


2. A psychological element known as the 



opinion juris sive necessitates (opinion as to law or necessity)
[Poe-Llamanzares v. COMELEC, G.R. No. 221697 (2016)]. 


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