How may international law become a part of domestic law 1 Doctrine of

How may international law become a part of domestic

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13.How may international law become a part of domestic law? 1.Doctrine of Incorporation- The Incorporation Clause (Article II, Section 2, PC)prescribes that the Philippines “adopts the generally accepted principles ofinternational law as a part of the law of the land.” It is a formal recognition ofgeneral international law a “part of the law of the land.” The incorporationmethod applies when, international law is deemed to have the force of domesticlaw. No further legislative action is needed to make such rules applicable in thedomestic sphere. For these principles of international law to become part of national lawthey must be of customary or general international law, i.e. binding on all States.It further decrees that rules of international law are given equal standing with, butare not superior to, national legislative enactments."Generally accepted principles of international law" refers to the norms ofgeneral or customary international law which are binding on all states, i.e.,renunciation of war as an instrument of national policy, the principle of sovereignimmunity, a person's right to life, liberty and due process, and pacta suntservanda, among others. They are primary sources of international law becausethey have the “character of jus rationale” and “are valid through all kinds ofhuman societies. (Pharmaceutical, supra )2.Doctrine of Transformation- (either through legislative enactment or under theTreaty Clause) This doctrine holds that the generally accepted rules ofinternational law are not per se binding upon the state but must first betransformed into domestic law through a constitutional mechanism such as locallegislation by the lawmaking body. Treaties may also become part of the law ofthe land pursuant to the Treaty Clause (Article VII, Section 21, PC) which is aprocess of transforming a treaty or international convention into national law.*A customary normbecomes “part of the law of the land” by virtue of theIncorporation Clause. A customary norm is incorporated into the national lawunder the Incorporation Clause. *A conventional ruleis transformed into a “valid and effective “ domestic clauseunder the Treaty Clause of the Constitution.To be internalized into national law and before they may be applied inPhilippine jurisdiction, norms and principles of objective international law mustcomply with the foregoing methods of internalization. Thus, treaties orconventional international law must go through a process prescribed by theConstitution for it to be transformed into municipal law that can be applied todomestic conflicts.In Pharmaceutical, supra,it was ruled that the World Health Assembly(WHA) Resolutions, absolutely prohibiting advertisements and promotions ofbreast milk substitutes are not considered as part of the law of the land. Unlikewhat has been done with the International Code of Marketing of BreastmilkSubstitutes (ICMBS) whereby the legislature enacted most of the provisions intolaw which is the Milk Code, the subsequent
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