POLITICAL LAW AND PUBLIC INTERNATIONAL LAW: BASIC CONCEPTS

I. POLITICAL LAW: Definition and Scope

Political Law is that branch of public law which deals with the organization and operations of the government, the relations between the state and its citizens, and the rights and duties of the latter under the laws of the state. It includes constitutional law, administrative law, law on public officers, election law, law on national defense, and law on local governments.

Constitutional Law:
- The fundamental law of the state. It defines the organization, powers, and functions of the government, the fundamental principles governing relations between the state and its citizens, and the protection of rights.
- Constitution: The supreme law of the land. All laws must conform to it.
  - Basic principles: Sovereignty, separation of powers, checks and balances, rule of law, due process, equal protection.
- Constitutional rights: Civil liberties, political rights, social and economic rights, including freedom of speech, right to life, liberty, property, etc.
Administrative Law:
- Governs the structure, duties, and powers of administrative agencies, including their procedures in rule-making and adjudication.
- Principles: Delegation of powers, judicial review of administrative acts, due process in administrative proceedings.
Law on Public Officers:
- Governs the qualifications, appointments, and responsibilities of public officers, including grounds for removal, disciplinary actions, and ethical standards.
- Public Trust Doctrine: Public office is a public trust, implying that government officials must act for the benefit of the public.
Election Law:
- Governs the conduct of elections, the qualifications for candidates, campaign regulations, and procedures for resolving electoral disputes.
- People’s sovereignty: The people have the ultimate power to elect their leaders.
- Principles of suffrage: Equal, universal, secret, direct suffrage.
- COMELEC (Commission on Elections): The independent constitutional body overseeing elections.
Law on National Defense:
- Relates to the organization of the armed forces, national defense policy, and the exercise of martial law or suspension of the writ of habeas corpus in times of national emergency.
- Commander-in-Chief Clause: The President of the Philippines is the Commander-in-Chief of the Armed Forces, with powers to call out the military to suppress lawless violence, invasion, or rebellion.
Local Government Law:
- Relates to the autonomy of local government units (LGUs), decentralization of powers, and the roles of provincial, city, municipal, and barangay governments.
- Local Government Code: Establishes the framework for local governance and local autonomy.
- Principles: Local autonomy, decentralization, devolution of powers from the national to local governments.

II. PUBLIC INTERNATIONAL LAW: Definition and Scope

Public International Law governs relations between sovereign states and international organizations, focusing on treaties, diplomatic relations, and rules of international conduct. It differs from domestic law, being based on mutual consent, customary practices, and international agreements. The sources of international law include international conventions, customary international law, general principles of law recognized by civilized nations, and judicial decisions.

Sovereignty and Statehood:
- Sovereignty: The supreme authority of a state to govern itself, free from external control.
- Elements of Statehood: A state must have a permanent population, defined territory, government, and the capacity to enter into relations with other states.
Sources of International Law:
- Treaties: Written agreements between states or international organizations, legally binding on parties (e.g., Vienna Convention on the Law of Treaties).
- Customary International Law: General practices accepted as law, even without written agreement (e.g., diplomatic immunity, freedom of navigation).
- General Principles of Law: Fundamental principles common to major legal systems (e.g., principles of justice, equity).
- Judicial Decisions: Decisions from the International Court of Justice (ICJ) and other international tribunals, while not binding like domestic precedent, can influence the development of international law.
International Organizations:
- United Nations (UN): The primary international organization for promoting peace, security, and cooperation among states. Its key organs include:
  - General Assembly: A forum for all member states to deliberate on international issues.
  - Security Council: Tasked with maintaining international peace and security. It can impose sanctions, authorize military action, or broker peace.
  - International Court of Justice (ICJ): The principal judicial organ of the UN for resolving disputes between states.
Principles of International Law:
- Pacta Sunt Servanda: Agreements must be kept; treaties and international obligations are binding on states.
- Non-Intervention: States should not interfere in the internal affairs of other states, protecting state sovereignty.
- International Responsibility: States may be held liable for breaches of international law, and they must provide reparation for any injury caused to other states.
- Self-Determination: Peoples have the right to determine their political status and pursue economic, social, and cultural development.
Diplomatic and Consular Law:
- Diplomatic immunity: Diplomats are protected from legal prosecution in their host countries to allow smooth diplomatic relations.
- Consular relations: Consulates protect the interests of their nationals in foreign countries and perform functions such as issuing visas and helping citizens in distress.
International Human Rights Law:
- Universal Declaration of Human Rights (UDHR): A landmark document that outlines fundamental human rights.
- International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR): These are binding international treaties protecting various civil, political, economic, social, and cultural rights.
- Regional human rights systems: These include the European Court of Human Rights, Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights.
Law of the Sea:
- Governed by the United Nations Convention on the Law of the Sea (UNCLOS), it regulates navigational rights, territorial waters, exclusive economic zones (EEZ), continental shelves, and the high seas.
- Territorial Sea: Coastal states have sovereignty up to 12 nautical miles from their baselines.
- Exclusive Economic Zone (EEZ): States have sovereign rights for exploring and using marine resources up to 200 nautical miles from their coast.
International Humanitarian Law (IHL):
- Also known as the law of armed conflict, it aims to protect persons who are not participating in hostilities (civilians, wounded soldiers, prisoners of war).
- Geneva Conventions: Core treaties governing the treatment of non-combatants and regulating conduct during armed conflicts.
- Principles: Distinction (between combatants and non-combatants), proportionality (attacks must be proportional to the military objective), and necessity (use of force must be necessary for achieving a legitimate military aim).
International Criminal Law:
- Deals with prosecuting individuals for serious violations of international law, such as war crimes, crimes against humanity, genocide, and aggression.
- International Criminal Court (ICC): A permanent court established to prosecute individuals for the most serious crimes of international concern.
Settlement of International Disputes:
- Methods of peaceful resolution include negotiation, mediation, arbitration, and judicial settlement (e.g., through the ICJ or ad hoc international tribunals).
- The Principle of Non-Use of Force is foundational, emphasizing that disputes should be resolved without resorting to violence or military action.

In summary, Political Law and Public International Law establish the legal framework within which states operate, both internally (as in Political Law) and externally in relation to other states and international bodies (Public International Law). These two branches of law are critical for understanding the workings of sovereign states, the protection of individual rights, and the conduct of international relations.