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2024-25 Pil

The syllabus for Public International Law at the University of Santo Tomas outlines key concepts, including definitions, obligations, and sources of international law, as well as the relationship between international and national law. It covers significant cases and principles such as jus cogens, monism and dualism, and the criteria for statehood. Additionally, it addresses diplomatic and consular law, referencing various international conventions and relevant judicial decisions.

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0% found this document useful (0 votes)
15 views6 pages

2024-25 Pil

The syllabus for Public International Law at the University of Santo Tomas outlines key concepts, including definitions, obligations, and sources of international law, as well as the relationship between international and national law. It covers significant cases and principles such as jus cogens, monism and dualism, and the criteria for statehood. Additionally, it addresses diplomatic and consular law, referencing various international conventions and relevant judicial decisions.

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University of Santo Tomas – Legazpi City

COLLEGE OF LAW
Penaranda Street, Legazpi City

Syllabus in Public International Law


S.Y. 2024-2025

A. Concepts

a. Definition of international law

1. SS Lotus Case (France v. Turkey), 1927

b. Obligations erga omnes

1. Vinuya v. Romulo, G.R. No. 162230, August 13,


2014
2. In the Matter of the Charges of Plagiarism, etc.,
against Associate Justice Mariano C. Del Castillo,
A.M. No. 10-7-17-Sc, October 15, 2010
3. Barcelona Traction, Light and Power Co Ltd Case
(Belgium v. Spain, (1970), ICJ Rep. 4

c. Jus cogens

i. Article 53 VCLT
ii. Article 64 VCLT

1. Bayan Muna v. Romulo, G.R. No. 159618,


February 1, 2011
2. In the Matter of the Urgent Petition for the
Release of Prisoners on Humanitarian Grounds in
the Midst of the Covid-19 Pandemic, G.R. No.
252117, July 28, 2020

d. Concept of aeguo et bono

e. Rules of interpretation of international law

i. Lex specialis derogate lex generalis


ii. Lex superior derogate lex inferiori
iii. Lex posteriori derogat lex priori
B. International and national law

a. Two different theories of the relationship between


international law domestic law

i. Monism and Dualism

ii. Doctrine of Incorporation and Doctrine of


Transformation

1. Pharmaceutical and Health Care Association of


the Philippines V. Duque III, et. al, G.R. No.
173034, October 9, 2007
2. Pangilinan v. Cayetano, G.R. No. 238875, March
16, 2021
3. Philip Morris, Inc. v. Court of Appeals, 224 SCRA
576, 593 (1993)

iii. Principle of Auto-Limitation

1. Reagan v. CIR, G.R. No. L-26379, December 27,


1969
2. Concurring Opinion of J. Leonen in Bayan Muna v.
GMA, January 10, 2023

C. Sources

a. Article 38 of the Statute of the International Court of Justice

i. Treaties

1. The main features of the 1969 Vienna


Convention on the Law of Treaties (VCLT)

2. The fundamental principles of the law of treaties

a. Principle of consent

b. Principle of good faith

c. Pacta sunt servanda


d. Rebus sic stantibus

3. The definition of a treaty under the VCLT

4. Conclusion of treaties

5. Reservation of treaties

6. Interpretative and conditional interpretative


declarations and their relationship with
reservations

7. Entry into force, deposit, registration and


publication of treaties

8. Validity of treaties

9. Application of treaties

10. Amendment and modification of treaties

11. Interpretation of treaties

12. Termination and suspension of treaties

13. Settlement of disputes

14. Hard law and soft law

a. Tanada v. Angara, G.R.No.118295, May 2,


1997
b. Pimentel, Jr. v. Romulo, July 6, 2005
c. Secretary of Justice v. Lantion, G.R. No.
139465, January 18, 2000
d. Bayan Muna v. Romulo, G.R. No. 159618,
February 1, 2011
e. Pangilinan v. Cayetano, G.R. No. 238875,
March 16, 2021
f. Deutsche Bank AG Manila Branch v.
Commissioner of Internal Revenue, G.R. No.
188550, August 19, 2013
g. Ichong v. Hernandez, G.R. No. L-7995, May
31, 1957
h. Gonzales v. Hechanova, 9 SCRA 230,242
(1963)

ii. International customs

1. Material/objective element and


Psychological/subjective element
2. Generality, Uniformity, and Duration
3. Persistent Objector Rule

a. Bayan Muna v. Romulo, G.R. No. 159618,


February 1, 2011
b. Bank of the Philippine Islands Securities
Corporation v. Guevara, G.R. No. 167052,
March 11, 2015
c. Concurring Opinion of J. Sereno in Arigo v.
Swift, G.R. No. 206510, September 16,
2014

iii. General Principles of law

1. Article 38(1)(c) Statute of ICJ

a. Dizon v. Commanding General of the


Philippine Ryukus Command, United States
Army, G.R. No. L-2110, July 22, 1948
b. Marcos v. Manglapus, G.R. No. 88211
September 15, 1989
c. Republic v. Sandiganbayan, G.R. No.
104768, July 21, 2003
d. Ang Ladlad LGBT Party v. COMELEC, G.R.
No. 190582, April 8, 2010
iv. Judicial decisions

1. Article(1)(d) Statute of ICJ


2. Article 59 Statute of ICJ

v. Writings of publicists

1. Article 38(1)(d) Statute of ICJ

vi. Equity

1. Article 38(1)(c) Statute of ICJ


2. Article 38(2) Statute of ICJ
3. Ex aeuo et bono

D. Subjects

a. Criteria for statehood

i. Article 1(1), 1933 Montevideo Convention

b. States

i. Sui generis entities


ii. De facto regimes
iii. Insurgents, belligerents and national liberation
movements (during armed conflict)

c. International organizations

i. Reparation for Injuries Suffered in the Service of the


United Nations (Advisory Opinion), ICJ Rep 174

d. Individuals

i. Rome Statute (International Criminal Court)


E. Diplomatic and consular law

a. Republic Act No. 75


b. DFA Protocol Handbook on Immunities and Privileges
c. 1961 Vienna Convention on Diplomatic Relations (VCDR)
d. 1963 Vienna Convention on Consular Relations (VCCR) and
their Protocols
e. 1946 Convention on the Privileges and Immunities of the
United Nations
f. 1947 Convention on the Privileges and Immunities of the
Specialized Agencies of the UN

i. Reyes v Bagatsing, G.R. No. L-65366, Oct. 25, 1983


ii. Ruiz v Gordon, G.R. No. 65695 (Dec. 19, 1983)
iii. Holy See v. Rosario Jr, G.R. No. 101949 (Dec. 1, 1994)
iv. International Catholic Migration Commission v. Calleja,
G.R. No. 85750 (Sept. 18, 1990)
v. World Health Organization v. Aquino, G.R. No. L-35131
(Nov. 29, 1972)
vi. Baer v. Tizon, G.R. No. L-24294 (May 3, 1974)
vii. Liang v. People of the Philippines, G.R. No. 125865
(Jan. 28, 2000)
viii. DFA v. NLRC, G.R. No. 113191 (Sept. 18, 1996)
ix. Lasco v. UN Revolving Fund for Natural Resources
Exploration, 241 S.C.R.A. 681 (Feb. 23, 1995)
x. Southeast Asian Fisheries Development Center –
Aquatic Department v. National Labor Relations
Commission, 206 S.C.R.A. 283 (Feb. 14, 1992)

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