Bernas Public International Law – OTHER SUBJECTS OF INTERNATIONAL LAW Part 2
CHAPTER 6 OTHER SUBJECTS OF INTERNATIONAL LAW Part 2 Regional Organizations—they are neither organs nor subsidiary organs of UN They are autonomous international organizations having an institutional affiliation with UN by concluding agreements with UN Created by international agreements for the purpose of dealing with regional problems in general or with specific matters be they […]
Bernas Public International Law – OTHER SUBJECTS OF INTERNATIONAL LAW Part 1
CHAPTER 6 OTHER SUBJECTS OF INTERNATIONAL LAW Part 1 International Organizations An organization that is set up by treaty among 2 or more states which have international personality Constituent instruments of international organizations are multilateral treaties, to which the well-established rules of treaty interpretation apply Non-governmental organizations (NGO)-set up by private persons Although international organizations have […]
Bernas Public International Law – SUBJECTS OF INTERNATIONAL LAW STATES Part 2
CHAPTER 5 SUBJECTS OF INTERNATIONAL LAW STATES Part 2 Recognition of Government—act of acknowledging the capacity of an entity to exercise powers of government of a state If a change in government in an existing state comes about through ordinary constitutional procedure = recognition by others comes as a matter of course Consequence of Recognition or […]
Bernas Public International Law – SUBJECTS OF INTERNATIONAL LAW Part 1
CHAPTER 5 SUBJECTS OF INTERNATIONAL LAW Part 1 STATES Subjects of International Law—entities endowed with rights and obligations in the international order and possessing the capacity to take certain kinds of action on the international plane Those with international personality Objects of International Law—those who indirectly have rights under or are beneficiaries of international law […]
Bernas Public International Law – INTERNATIONAL LAW AND MUNICIPAL LAW
CHAPTER 4 INTERNATIONAL LAW AND MUNICIPAL LAW Dualism v. Monism Municipal Law International Law Dualist or Pluralist Theory *when international or municipal law are in conflict, Municipal law must prevail As to source Product of local custom or of legislation Treaties and custom grown among states As to relations they regulate Regulates relations between […]
Bernas Public International Law – THE LAW OF TREATIES
CHAPTER 3 THE LAW OF TREATIES Various names of Treaties a. Conventions b. Pacts c. Covenants d. Charters e. Protocols f. Concordat g. Modus Vivendi 1969 Vienna Convention on the Law of Treaties Governs treaties between states Entered into force in January 1980 Definition of Treaties An international agreement concluded between States in written form […]
Bernas Public International Law – SOURCES OF INTERNATIONAL LAW Part 2
CHAPTER 2 SOURCES OF INTERNATIONAL LAW Part 2 Treaties Determine the rights and duties of states just as individual rights are determined by contracts Binding force comes from the voluntary decision of sovereign states to obligate themselves to a mode of behavior Treaties and Custom If the treaty is intended to be declaratory of customary […]
Bernas Public International Law – SOURCES OF INTERNATIONAL LAW Part 1
CHAPTER 2 SOURCES OF INTERNATIONAL LAW Part 1 What Sources are Domestic Laws—found in statute books and in collections of court decisions Classifications of Sources 1. Formal sources—various processes by which rules come into existence a. Legislation b. Treaty making c. Judicial decision making d. Practice of states 2. Material sources—identify what the obligations are […]
Bernas Public International Law – THE NATURE OF INTERNATIONAL LAW
CHAPTER 1 THE NATURE OF INTERNATIONAL LAW What is International Law? A body of rules and principles of action which are binding upon civilized states in their relation to one another A law which deals with the conduct of the states and of international organizations and with their relations inter se, as well as with […]
Case Digest: PHILCOA v GARRIDO
PHILCOA v GARRIDO FACTS: Garrido, respondent, on July 1993 verbally sought permission from PCA administrator David to take a 5 month vacation in connection with his intention to accept a job offer in West Africa. David advised respondent to make sure that his(respondent) request conforms to the Civil Service Rules and to prepare the necessary documents. On 21 […]
