(SUMMARY OF 2022 CRUZ’ BOOK) relations with the belligerents, or those
involved in the war, are governed by the
laws of neutrality.
CHAPTER 1 - GENERAL PRINCIPLES
● When the war ends and peace is
NATURE AND SCOPE OF INTERNATIONAL
restored, the relations of all the members
LAW (IL)
of the family of nations will come again
● Traditional concept - “A body of rules
under the laws of peace, until another
and principles of action which are binding
war breaks out.
upon civilized states in their relations
with another.”
DISTINCTIONS WITH MUNICIPAL LAW
● While it has been suggested in a case
● Schwarzenberger’s definition - that international law covers both public
“International law is the body of legal and private international law, the
rules which apply between sovereign consensus is that only those precepts
states and such other entities as have applicable to relations of international
been granted international personality.” persons fall within the field of
international law.
● The nomenclature has achieved 1. Monists
practically universal acceptance since it ○ They believe in the oneness or
was first employed in 1870 by Jeremy
unity of all law.
Bentham in his “Introduction to the ○ “The main reason for the essential
Principles of Morals and Legislation.”
identity of the two spheres of law
is that some of the fundamental
● “International law” is now used notions of International Law
interchangeably with “laws of
cannot be comprehended without
nations.” the assumption of a superior legal
order from which the various
DIVISIONS OF INTERNATIONAL LAW
systems of Municipal Law, in a
1. Laws of peace - govern the normal sense, derived by way of
relations of states. delegation.”
○ There is no substantial distinction
2. Laws of war - when war breaks out
between international law and
between or among some of them, the
municipal law because they
relation of these states cease to be believe in the oneness or unity of
regulated under the laws of peace and all law
come under the laws of war.
2. Dualists
3. Laws of neutrality - Those states not ○ They believe in the dichotomy of
involved in the war continue to be
the law.
regulated under the laws of peace in their
relations inter se. However, their
CANLAS | SBCA 2022 | PIL 1
, MUNICIPAL LAW INTERNATIONAL like reprisals and
LAW even war
Issued by a political Not imposed upon Breaches of municipal Responsibility of
superior for but simply adopted law generally entail infraction of
observance by those by states as a only individual international law is
under its authority common rule of responsibility usually collective in
action among the sense that it
themselves. attaches directly to
the state and not to
As Oppenheim points its nationals
out “Whereas
Municipal Law is a law
● It is possible for a principle of municipal
of a sovereign over
those subjected to his law to become part of international law,
sway, the Law of as when the principle is embodied in a
Nations is a law, not treaty or convention like
above, but between, ○ Hague Conventions of 1899 and
sovereign states and 197 relating to personal status
is, therefore, a
and
weaker law.
○ The Geneva Convention of 1830
Consists mainly of Derived not from any on bills of exchange.
enactments from particular legislation
the law-making but from sources as ● “The practice of states of giving greater
authority of each international
or less validity to the legislation of other
state custom,
international states under particular circumstances
conventions and contains the elements of international
the general law.”
principles of law
RELATION TO MUNICIPAL LAW
Regulates the Applies to the
relations of relations inter se of ● Inevitable consequence of
individuals among states and other membership in the international
themselves or with international community: It is universally accepted
their own states persons postulate that, with or without an
express declaration to this effect, states
Violations of the Questions of
admitted to the family of nations are
municipal law are international law are
redressed through resolved through bound by the rules prescribed by it for
local state-to-state the regulation of international
administration and transactions intercourse.
judicial process ranging from peaceful
methods like
negotiations and
arbitration to the
hostile arbitrament of
CANLAS | SBCA 2022 | PIL 2
involved in the war, are governed by the
laws of neutrality.
CHAPTER 1 - GENERAL PRINCIPLES
● When the war ends and peace is
NATURE AND SCOPE OF INTERNATIONAL
restored, the relations of all the members
LAW (IL)
of the family of nations will come again
● Traditional concept - “A body of rules
under the laws of peace, until another
and principles of action which are binding
war breaks out.
upon civilized states in their relations
with another.”
DISTINCTIONS WITH MUNICIPAL LAW
● While it has been suggested in a case
● Schwarzenberger’s definition - that international law covers both public
“International law is the body of legal and private international law, the
rules which apply between sovereign consensus is that only those precepts
states and such other entities as have applicable to relations of international
been granted international personality.” persons fall within the field of
international law.
● The nomenclature has achieved 1. Monists
practically universal acceptance since it ○ They believe in the oneness or
was first employed in 1870 by Jeremy
unity of all law.
Bentham in his “Introduction to the ○ “The main reason for the essential
Principles of Morals and Legislation.”
identity of the two spheres of law
is that some of the fundamental
● “International law” is now used notions of International Law
interchangeably with “laws of
cannot be comprehended without
nations.” the assumption of a superior legal
order from which the various
DIVISIONS OF INTERNATIONAL LAW
systems of Municipal Law, in a
1. Laws of peace - govern the normal sense, derived by way of
relations of states. delegation.”
○ There is no substantial distinction
2. Laws of war - when war breaks out
between international law and
between or among some of them, the
municipal law because they
relation of these states cease to be believe in the oneness or unity of
regulated under the laws of peace and all law
come under the laws of war.
2. Dualists
3. Laws of neutrality - Those states not ○ They believe in the dichotomy of
involved in the war continue to be
the law.
regulated under the laws of peace in their
relations inter se. However, their
CANLAS | SBCA 2022 | PIL 1
, MUNICIPAL LAW INTERNATIONAL like reprisals and
LAW even war
Issued by a political Not imposed upon Breaches of municipal Responsibility of
superior for but simply adopted law generally entail infraction of
observance by those by states as a only individual international law is
under its authority common rule of responsibility usually collective in
action among the sense that it
themselves. attaches directly to
the state and not to
As Oppenheim points its nationals
out “Whereas
Municipal Law is a law
● It is possible for a principle of municipal
of a sovereign over
those subjected to his law to become part of international law,
sway, the Law of as when the principle is embodied in a
Nations is a law, not treaty or convention like
above, but between, ○ Hague Conventions of 1899 and
sovereign states and 197 relating to personal status
is, therefore, a
and
weaker law.
○ The Geneva Convention of 1830
Consists mainly of Derived not from any on bills of exchange.
enactments from particular legislation
the law-making but from sources as ● “The practice of states of giving greater
authority of each international
or less validity to the legislation of other
state custom,
international states under particular circumstances
conventions and contains the elements of international
the general law.”
principles of law
RELATION TO MUNICIPAL LAW
Regulates the Applies to the
relations of relations inter se of ● Inevitable consequence of
individuals among states and other membership in the international
themselves or with international community: It is universally accepted
their own states persons postulate that, with or without an
express declaration to this effect, states
Violations of the Questions of
admitted to the family of nations are
municipal law are international law are
redressed through resolved through bound by the rules prescribed by it for
local state-to-state the regulation of international
administration and transactions intercourse.
judicial process ranging from peaceful
methods like
negotiations and
arbitration to the
hostile arbitrament of
CANLAS | SBCA 2022 | PIL 2
