Spil Page 1.docx

SPIL Page 1 Syllabus ARTICLE II (Declaration of Principles and State Policies) (Principles) SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. ARTICLE VII (Executive Department) SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate. Intro to PIL – Bernas

International Law in Domestic Law. Dualism also rules when it comes to entry of international law into the domestic sphere. International law, unless it is made part of the domestic system, has no role in the settlement of domestic conflicts. How does international law become part of domestic law for “dualists”? In this regard, there are two theories. The first is the doctrine of transformation. This is based on a strict dualist approach. Since the two systems are distinct and operate separately, for international law to become part of domestic law it must be expressly and specifically transformed into domestic law through the appropriate constitutional machinery such as an act of Congress or Parliament. This doctrine flows by analogy from what is applicable to treaties. Treaties do not become part of the law of a state unless it is consented to by the state. The other theory is the doctrine of incorporation. Blackstone expressed this in his Commentary when he said that: the law of nations, wherever any question arises which is properly the object of its jurisdiction, is here adopted in its full extent by the common law, and it is held to be part of the law of the land. What does Philippine law follow? In the case of treaties as international law, they become part of the law of the land when concurred in by the Senate in accordance with Article VII, Section 21 of the Constitution which sets down the mechanism for transforming a treaty into binding municipal law. With regard to customary law and treaties which have become customary law, by saying that the Philippines “adopts the generally accepted principles of international law as part of the law of the land,” the Constitution manifests its adherence to the “dualist” theory and at the same time adopts the incorporation theory and thereby makes international law part of domestic law. This provision makes the Philippines one of the states which make a specific declaration that international law has the force also of domestic law.4 International law