Article II of the 1987 Constitution

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.

Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-
determination.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory

Article XVIII, Section 25 of the 1987 Constitution

Section 25: After the expiration in 1991 of the Agreement between the Republic of the Philippines and the
United States of America concerning military bases, foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so
requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose,
and recognized as a treaty by the other contracting State.

The Vienna Convention on the Law of Treaties

Article 26: “Pacta sunt servanda” Every treaty in force is binding upon the parties to it and must be performed
by them in good faith.

The International Court of Justice Statute

Article 38:
1. The Court, whose function is to decide in accordance with international law such disputes as are submitted
to it, shall apply:

a. international conventions, whether general or particular, establishing rules expressly recognized by the
contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified
publicists of the various nations, as subsidiary means for the determination of rules of law.

2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties
agree thereto.

International Law
Oppenheim: The name for the body of customary law and conventional rules which are considered binding by
civilized state in their intercourse with each other

Alf Ross: Body of legal rules binding upon states in their relations with one another

Lawrence: the rules which determines the conduct of the general body of civilized state in their mutual dealings

Modern defition: Always been in continuous state of change. Body of legal rules which regulates the relationship
of the Nation States with each other, as well as, their relationship with other international actors.

Major kinds of IL:

1. Private – determines which law is to be applied to a specific case containing a foreign element
2. Public – regulates the relation of states inter se as well as their relations with other non-state entities