Sources of International Law: Art. 38 + 9 Cases

In 1898, American warships seized two Cuban fishing boats. No treaty or statute protected the fishermen, yet the U.S. Supreme Court ruled in their favor. Why? The answer lies in the general principles and sources of international law. This explainer breaks down the foundations of Public International Law for Philippine law students and Bar Exam review, from its relationship with Philippine law to Article 38 of the ICJ Statute and nine leading cases. 📚 WHAT YOU'LL LEARN • What Is International Law? – Its definition, theoretical foundations (naturalist, positivist, and eclectic), and basis of authority • International Law vs. Municipal Law – The distinction between the two legal systems and the theories of monism and dualism • Incorporation vs. Transformation – Article II, Section 2 and Article VII, Section 21 of the 1987 Philippine Constitution • Conflicts Between Legal Systems – How Philippine law addresses conflicts between international and municipal law • Sources of International Law – Article 38(1) of the ICJ Statute, including treaties, international custom, general principles of law, judicial decisions, and publicists • Soft Law – What it means, how it differs from binding international law, and why it matters ⏱️ VIDEO CHAPTERS 0:00 Cold Open 0:29 Introduction 1:08 1. What Is International Law? 2:37 2. International Law vs. Municipal Law 5:12 3. Sources of International Law 8:08 4. The Leading Cases 8:19 Case 1: Kuroda v. Jalandoni 10:09 Case 2: Co Kim Chan v. Valdez Tan Keh 11:43 Case 3: Ichong v. Hernandez 13:16 Case 4: Gonzales v. Hechanova 15:06 Case 5: The Paquete Habana 16:36 Case 6: Mijares v. Ranada 18:30 Case 7: Pharmaceutical v. Duque 20:12 Case 8: Asylum Case (Colombia v. Peru) 21:54 Case 9: Agustin v. Edu 23:27 5. Bar Exam Tips & Recap ⚖️ NINE LEADING CASES DISCUSSED Kuroda v. Jalandoni, G.R. No. L-2662, March 26, 1949 Co Kim Chan v. Valdez Tan Keh, G.R. No. L-5, September 17, 1945 Ichong v. Hernandez, G.R. No. L-7995, May 31, 1957 Gonzales v. Hechanova, G.R. No. L-21897, October 22, 1963 The Paquete Habana, 175 U.S. 677 (1900) Mijares v. Ranada, G.R. No. 139325, April 12, 2005, 455 SCRA 397 Pharmaceutical and Health Care Association of the Philippines v. Duque, G.R. No. 173034, October 19, 2007 Asylum Case (Colombia v. Peru), Judgment of November 20, 1950, I.C.J. Reports 1950, p. 266 Agustin v. Edu, G.R. No. L-49112, February 2, 1979, 88 SCRA 195 📝 BAR EXAM REVIEW Understanding international law means knowing not only the rules but also where they come from, how they become binding, and how they operate within the Philippine legal system. Pay particular attention to Article 38(1) of the ICJ Statute, the constitutional basis for incorporating international law into Philippine law, the distinction between incorporation and transformation, and the doctrines established by the nine cases discussed in this video. If this video helped you, like, subscribe, and share it with a classmate or blockmate preparing for the Bar Exam. Leave your questions in the comments. This video is intended for educational and Bar Exam review purposes only. It is not legal advice. The narration uses a synthetic AI-generated voice. #PhilippineLaw #BarExam #PublicInternationalLaw