PUBLIC INTERNATIONAL LAW PART 1

The initial discussion opens with a light-hearted approach, introducing the topic of public international law. It emphasizes the importance of understanding the subject, which often involves laws governing relations between states and other entities with international personalities, as well as the differences between public and private international law.

Public international law is contrasted with private international law, focusing on international entities like states and submarines, and the resolution of legal conflicts via municipal tribunals. Key institutions like the ICJ, the International Tribunal for the Law of the Sea, and the ICC are introduced, explaining their roles in international legal frameworks.

The lecturer defines the sources of international law, including international treaties, conventions, and customs. It also discusses the roles of international tribunals and the Permanent Court of Arbitration, explaining their function in resolving disputes, as exemplified by the Philippines' arbitration case against China regarding the South China Sea.

The discussion highlights the schools of thought in international law, contrasting the law of nature with positivist and eclectic theories. It underscores the importance of treaties and state agreements while humorously referencing the lack of a 'mother' in international law, suggesting its complex parentage and legitimacy.

The functions of international law are laid down as promoting peace, regulating conduct among states, and fostering global cooperation on common issues like humanitarian concerns. The lecture emphasizes the necessity of cooperation in addressing international issues such as health crises and asserts the intertwined nature of local laws with international principles.

The lecturer explains the incorporation of international law into local jurisdictions through doctrines like incorporation and transformation, which guide how international laws become enforceable locally. This is linked to constitutional supremacy where local constitutions prevail over conflicting international laws, illustrated by Supreme Court rulings.

Different subjects of international law, like states, colonies, international bodies, and the UN, are discussed. The Philippines-Japan treaty example is used to demonstrate the complexities surrounding international claims by individuals, highlighting state sovereignty and its precedence over individual interests in the international arena.

Terms like colonies, mandates, and the uniqueness of the Vatican as a state are explored. The lecture expands on the structure and functions of the United Nations, highlighting its principal organs and roles in maintaining global peace, security, and human rights protections.

The lecture continues discussing the UN system's implementation of human rights through instruments like the Universal Declaration of Human Rights and how these are echoed in national constitutions, such as the Philippines'. The role of commissions like the Commission on Human Rights in the Philippines underscores adherence to international norms.

The Trusteeship Council's role within the UN and historical examples like Palau's independence are covered. The lecture elaborates on the Secretariat's global presence and functions, showcasing the international reach of this organ within the UN's operations.

The International Court of Justice (ICJ) is presented as a core judicial body within the United Nations system, detailing its composition, function, and how it arbitrates disputes among states. The ICJ contrasts with other courts like the ICC, showing different jurisdictional scopes within international law.

The lecture touches on the qualifications for ICJ judges, emphasizing independence and reflecting national qualifications for judicial office. There is also a discussion on the historical context and importance of candidature for international judicial offices, reflecting geopolitical and diplomatic nuances.

Discussion moves to the definition of a state as per the Montevideo Convention, highlighting critical elements like population, territory, government, and capacity to enter relations. Concepts like sovereignty and non-interference are exemplified through China's one-China policy discussion.

The lecture outlines territory as a state element, exploring national territory definitions, such as the Philippines' territorial claims and sovereignty. The lecture also explains the archipelagic doctrine, which is crucial for nations like the Philippines that consist of numerous islands.

Rules for delineating maritime zones are discussed, including territorial seas, contiguous zones, and exclusive economic zones (EEZs). The discussion emphasizes the legal distinctions and jurisdictional rights within these zones, particularly relevant for resolving maritime disputes.

There's an explanation about the right of innocent passage, where foreign vessels can navigate through territorial seas without hindrance, subject to certain conditions. Instances highlight tensions around territorial integrity and breaches that could occur through misunderstanding or misapplication of these rights.