XVI. Public International Law

Public International Law governs the relations between sovereign states and other international actors, such as international organizations. It establishes a framework for the creation and enforcement of international obligations, the peaceful resolution of disputes, and the protection of human rights, among others. In the Philippines, Public International Law is recognized and applied through both domestic legal frameworks and international commitments. Below is a comprehensive discussion of the key principles and doctrines of Public International Law, particularly as they relate to Philippine law and practice.

1. Sources of Public International Law

The primary sources of Public International Law are outlined in Article 38(1) of the Statute of the International Court of Justice (ICJ), which serves as a general guide for courts and tribunals when applying international law. These sources include:

International Treaties and Conventions - Binding agreements between states that may create specific rights and obligations. For the Philippines, treaties must be ratified by the Senate as per Article VII, Section 21 of the Philippine Constitution.
International Customary Law - Practices that are accepted as law by the international community due to their widespread and consistent usage, along with a sense of legal obligation (opinio juris). The Philippines recognizes customary international law as part of its domestic law under Article II, Section 2 of the Constitution, which states that the Philippines "adopts the generally accepted principles of international law as part of the law of the land."
General Principles of Law - Common principles recognized by a majority of the world's legal systems, such as good faith, equity, and justice.
Judicial Decisions and Scholarly Writings - While not binding, judicial decisions, especially from international courts like the ICJ, and the writings of eminent publicists serve as subsidiary means for the determination of rules of law.

2. Subjects of International Law

States: The primary subjects of Public International Law are sovereign states, which possess the legal personality to enter into treaties, sue and be sued, and conduct foreign relations.
International Organizations: Entities such as the United Nations (UN) and World Trade Organization (WTO) also possess legal personality and have rights and obligations under international law.
Individuals and Non-State Actors: In certain areas, particularly human rights and humanitarian law, individuals can be subjects of international law, as evidenced by instruments like the International Covenant on Civil and Political Rights (ICCPR). Non-state actors like corporations or insurgent groups may also be subject to international legal rules in specific circumstances.

3. Principles of Sovereignty and Non-Intervention

Sovereignty is the principle that each state has exclusive authority over its territory and domestic affairs, free from external interference. The UN Charter enshrines this in Article 2(1).
Non-Intervention refers to the obligation of states not to interfere in the internal affairs of other states. This principle is a corollary of sovereignty and is reflected in both customary international law and the UN Charter (Article 2(4)).

4. Recognition of States and Governments

Recognition of States: This is a political act by which one state acknowledges the existence of another state and its government. Recognition can be de jure (legal recognition of a state's independence) or de facto (acknowledgment of control over territory without legal recognition).
Recognition of Governments: Recognition of a government involves acknowledging a specific regime as the legitimate representative of a state. The Philippines' position on recognition has evolved, favoring de jure recognition.

5. Jurisdiction of States

State jurisdiction is the authority of a state to govern matters within its territory and apply its laws to individuals, property, and events. There are different types of jurisdiction:

Territorial Jurisdiction: States have jurisdiction over all persons, property, and events within their physical territory.
Personal Jurisdiction: States can exercise jurisdiction over their nationals, even if they are outside the state’s territory.
Universal Jurisdiction: Certain crimes, such as piracy, genocide, and war crimes, are subject to universal jurisdiction, meaning any state can prosecute offenders, regardless of where the crime was committed.
Extraterritorial Jurisdiction: In some cases, states may assert jurisdiction over acts committed outside their territory if those acts have significant effects within the state, such as in cases of terrorism or cybercrime.

6. International Dispute Resolution

International law encourages the peaceful settlement of disputes through the following mechanisms:

Negotiation: Direct talks between disputing parties.
Mediation: Involves a third party who facilitates discussions but does not impose a solution.
Conciliation: Similar to mediation, but the third party plays a more active role in proposing solutions.
Arbitration: Disputing parties submit their case to an independent body for a binding decision, such as the Permanent Court of Arbitration (PCA). An example is the Philippines' 2016 arbitral victory against China over the South China Sea dispute.
Adjudication: Legal disputes are submitted to international courts like the ICJ, which issues binding judgments.

7. International Humanitarian Law (IHL)

International Humanitarian Law, also known as the law of armed conflict, governs the conduct of states and non-state actors during war. Key principles of IHL include:

Distinction: Parties must distinguish between combatants and civilians.
Proportionality: Attacks must not cause excessive harm to civilians relative to the anticipated military advantage.
Necessity: The use of force must be necessary for achieving a legitimate military objective.

The Philippines is a party to major IHL treaties, including the Geneva Conventions of 1949 and their Additional Protocols.

8. Human Rights Law

Human rights law protects the fundamental rights and freedoms of individuals. The Universal Declaration of Human Rights (UDHR), along with other instruments like the ICCPR and the International Covenant on Economic, Social and Cultural Rights (ICESCR), provide the foundation for modern human rights protection.

The Philippine Constitution ensures that the country adheres to international human rights law, with specific provisions mirroring international obligations.

9. State Responsibility

Under international law, states may be held responsible for internationally wrongful acts. The International Law Commission's (ILC) Articles on Responsibility of States for Internationally Wrongful Acts outline the rules concerning state liability, including:

Attribution: For a state to be held responsible, the wrongful act must be attributable to the state.
Breach of an International Obligation: The state must violate an international legal duty.
Reparation: The offending state is obliged to make full reparation, which can take the form of restitution, compensation, or satisfaction.

10. Immunities

International law recognizes certain immunities for state officials, diplomats, and international organizations:

Sovereign Immunity: States are immune from the jurisdiction of foreign courts, but exceptions exist, such as when engaging in commercial activities (acta jure gestionis).
Diplomatic Immunity: Diplomats enjoy immunity from the jurisdiction of the host state under the Vienna Convention on Diplomatic Relations (1961).
Immunity of Heads of State: Sitting heads of state and certain high-ranking officials enjoy immunity from prosecution in foreign courts.

11. International Environmental Law

International environmental law governs the protection of the global environment. Important instruments include the Paris Agreement on climate change and the Convention on Biological Diversity (CBD). The Philippines has actively participated in these international efforts to address environmental challenges.

12. The Law of the Sea

The United Nations Convention on the Law of the Sea (UNCLOS) regulates maritime issues, including territorial waters, exclusive economic zones (EEZ), and the continental shelf. The Philippines is a party to UNCLOS, and it has played a central role in asserting its rights over maritime zones, particularly in the West Philippine Sea.

13. Treaty Law and Practice in the Philippines

In the Philippines, the process of concluding treaties involves several steps:

Negotiation: Diplomatic discussions to agree on treaty terms.
Signature: The treaty is signed by the executive branch, indicating agreement but not yet binding.
Senate Ratification: The treaty must be ratified by a two-thirds vote of the Philippine Senate.
Entry into Force: Once ratified, the treaty becomes binding on the Philippines and forms part of its domestic legal system.

Conclusion

Public International Law plays a crucial role in the conduct of foreign relations, the promotion of human rights, and the resolution of international disputes. For the Philippines, international law is integral to shaping its foreign policy, ensuring compliance with international obligations, and protecting national interests within the international community. Through a combination of treaties, customary law, and adherence to general principles of law, the Philippines continues to engage with the global legal order to safeguard its sovereignty and contribute to global peace and security.