LAST MINUTE NOTES (POLI).docx - LAST MINUTE NOTES POLITICAL LAW AND PUBLIC INTERNATIONAL LAW 1 HARD LAW AND SOFT LAW DISTINGUISHED The term soft law is

LAST MINUTE NOTES (POLI).docx - LAST MINUTE NOTES POLITICAL...

This preview shows page 1 - 2 out of 24 pages.

LAST MINUTE NOTES POLITICAL LAW AND PUBLIC INTERNATIONAL LAW 1. HARD LAW AND SOFT LAW; DISTINGUISHED. The term soft law is used to denote agreements, principles and declarations that are not legally binding . Soft law instruments are predominantly found in the international sphere. UN General Assembly resolutions are an example of soft law. Hard law refers generally to legal obligations that are binding on the parties involved and which can be legally enforced before a court. 2. SOFT LAWS ARE NOT INCLUDED AMONG THE AUTHORITATIVE SOURCES OF INTERNATIONAL LAW . Not included among the sources is what a growing literature refers to as “soft law.” Others prefer to call this category “ non-treaty agreements .” They are international agreements not concluded as treaties and therefore not covered by the Vienna Convention on the Law of Treaties . Other sources of soft law are administrative rules which guide the practice of states in relation to international organizations . These are mostly administrative procedures that are carried out with varying degrees of consistency and uniformity that may eventually ripen into customary law or become formalized later on in treaties . Soft law plays an important role in international relations because often states prefer non-treaty obligations as a simpler and more flexible foundation for their future relations . The difference lies mainly in the wish of the parties to model their relationship in a way that excludes the application of treaty or customary law on the consequences of a breach of obligations. 3. DOCTRINE OF AUTO-LIMITATION; THE LIMITATION ON THE ABSOLUTENESS OF SOVEREIGNTY. Nothing is better settled than that the Philippines being independent and sovereign, its authority may be exercised over its entire domain. There is no portion thereof that is beyond its power. Within its limits, its decrees are supreme, its commands paramount. Its laws govern therein, and everyone to whom it applies must submit to its terms. That is the extent of its jurisdiction, both territorial and personal. Necessarily, likewise, it has to be exclusive. If it were not thus, there is a diminution of its sovereignty. It is to be admitted that any state may, by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a power plenary in character. This is the concept of sovereignty as auto-limitation. A state then, if it chooses to, may refrain from the exercise of what otherwise is illimitable competence. (WILLIAM C. REAGAN, et. al., vs. COMMISSIONER OF INTERNAL REVENUE, G.R. No. L-26379, December 27, 1969). While sovereignty has traditionally been deemed absolute and all-encompassing on the domestic level, it is however subject to restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a member of the family of nations. By the doctrine of incorporation, the country is bound by generally accepted principles of international law, which are considered to be automatically part of our own laws.
Image of page 1
Image of page 2

You've reached the end of your free preview.

Want to read all 24 pages?

  • Fall '18

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture