6-8

get a hint

hint

Global governance

Global governance

collective efforts to identify, understand and address worldwide problems that go beyond the problem-solving capacities of state

The post-American world

In which the United States retreats and the rest of the world advances in economic power and political influence

Nation-state

·        The sovereign territorial state

·        Most countries have lived under this kind of state since the late 18^th century or possible earlier

·        This kind of state has become the universal framework of social development

United Nations

·        Is an IGO designed to make the enforcement of international law, security, human rights, economic development, and social progress easier for countries around the world.

un general assembly

un security council

international court of justice

economic and social council

secretariat

5 (Five) branches of United Nations:

International law

·        Laws that regulate relations of states and international persons

·        It is derived from treaties, international customs and general principles of law

·        If conflict arises, the same is resolved through state to state transactions

National law

·        Laws that regulate individuals among themselves or within the state

·        Consists of statutory enactments, executive orders, and judicial pronouncements

·        If there is conflict, the same is redressed through local, administrative, and judicial processes

Treaty/International conventions

·        International agreements concluded between states

·        In written form

·        Governed by Internation law

·        Embodied in a single instrument or in two or more related instruments

2/3

·        No treaty or international agreement shall be valid and effective unless concurred In by at least ______ of all the members of the senate

bilateral treaties

multilateral treaties

two types of treaties

doctrine of incorporation

doctrine of transporation

two doctrines of Adoption

doctrine of Incorporation

Is a doctrine mainly based under section 2, Art. II of the 1987 constitutions states that:

“the Philippines adopts the generally accepted principles of International law as part of the law of the land”

Doctrine of Transportation

·        Requires the enactment by the legislative body of such international law principles as are sought to be part of municipal law

·        Related to the power of the president to enter into treaties wherein rule and principles embodied in said treaties would be transformed into Philippine Law and would become valid and effective upon the concurrence of two-thirds (2/3) of all members of the senate

International Customs

·        Also known as Customary law

·        Consists of rules of law derived from the consistent conduct of states, acting out of the belief that the law required them to act that way

state practice

opinion of law or necessity

two elements to be deemed as an international custom

regional custom

special/local custom

kinds of international custom

jus cogens

·        Another category of International Customs

·        Refer to norms that command peremptory authority, superseding conflicting treaties and customs which can neither be derogated nor modified

·        Enjoy a higher rank in the international hierarcy than treaty law and even ordinary customary rules

Obligation Erga Omnes

·        refers to an obligation under general international law that a state owes in any given case to the international community, in view of its common value and its concern for compliance, so that breach of thar obligation enables all states to take action

states

·        Entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims

Permanent population

Defined territory

Government

Capacity to enter into relations with other states

elements of states

discovery and occupation

prescription

cession

accretion

conquest

states are created through:

wilson/tobar

betancourt

lauterpacht

stimson

landmark doctrines in state recognition

jurisdiction

equality

individual or collective self-defense

independence

legation

rights of states

principle of non-refoulement

 principle wherein in addition to not returning the refugee to his/her own state, he/she must not be sent to a third state if his/her life or freedom would there be threatened on account of his/her race, religion, nationality, membership of a particular social group or social opinion