Internation Law Reviewer

PUBLIC INTERNATIONAL LAW (CRUZ) |2014
BETIA| MENOR |REAMICO
PUBLIC INTERNATIONAL LAW

CHAPTER 1
GENERAL PRINCIPLES
INTERNATIONAL LAW (IL)

-
Traditional concept- a body of rules

and principles of action which are
binding upon civilized states in their
relations with another.
Schwarzenberger- is the body of legal
rules which apply between sovereign
states and such other entities as have
been granted international personality.
DIVISIONS OF INTERNATIONAL LAW

1. Laws of peace- govern the normal
relations of states.
2. Laws of war- when war breaks out
between or among some of them, the
relation of these states cease to be
regulated under the laws of peace and
come under the laws of war.
3. Laws of neutrality- those states not
involved in the war continue to be
regulated under the laws of peace in
their relations inter se. however, their
relations with the belligerents, or those
involved in the war, are governed by
the laws of neutrality.
INTERNATIONAL LAW V. MUNICIPAL LAW
1. Monists- There is no substantial
distinction between international law
and municipal law because they

believe in the oneness or unity of all

law
2. Dualistswho
believe
in
the
dichotomy of the law, there are certain
well established difference between
international law and municipal law.
MUNICIPAL
LAW
Issued
by
a
political superior
for observance
by those under
its authority
Consists mainly
of
enactments
from the lawmaking
authority
of
each
Regulates
the
relations
of
individuals
among
themselves
or
with their own
states
Violations of the
municipal
law
are
redressed
through
local
administration
INTERNATIONA
L LAW
Is not imposed
upon but simply
adopted
by
states
as
a
common rule of
action
among
themselves
Derived not from
any
particular
legislation
but
from sources as
international
custom,
international
conventions and
the
general
principles of law
Applies to the
relations inter se
of states and
other
international
persons
Questions
of
international law
are
resolved
through state-tostate

and
process
judicial transactions
ranging
from
peaceful
methods
like
negotiations and
arbitration
to
the
hostile
arbitrament
of
like reprisals and
even war
Breaches
of Responsibility of
municipal
law infraction
of
generally entail international law
only
individual is
usually
responsibility
collective in the
sense that it
attaches directly
ot the state and
not
to
its
nationals.
It is possible for a principle of municipal law
to become part of international law, as when
the principle is embodied in a treaty or
convention.
TWO THEORIES AS TO MANNER OF
ADOPTING INTERNATIONAL LAW AS
PART OF THE LAW OF THE LOCAL STATE
1. DOCTRINE OF INCORPORATION
- International laws are adopted as part
of a states municipal law, by affirming
their recognition of the principles of
international law in their constitutions.
2. DOCTRINE OF TRANSPORMATION
- Generally
accepted
rules
of
international law are not per se binding

upon the state but must first be

embodied in legislation enacted by the
law-making body and so transformed
into municipal law.
CRITERIA TO BE APPLIES IN RESOLVING
CONFLICTS BETWEEN INTERNATIONAL
LAW AND MUNICIPAL LAW
-
To attempt to reconcile the apparent

contradiction and thereby give effect,
if possible, to both systems of law.
It should be presumed that municipal law is

always enacted by each state with due
respect for and never in defiance of the
generally accepted principles of international
law.
CONSTITUTION V. TREATY
Generally, the treaty is rejected in the local
forum but is upheld by international tribunals
as demandable obligation of the signatories
under the maxim pactasuntservanda.
The position of the Philippines regarding this
matter is clear enough. There can be no
doubt as to the meaning of our constitution
when it authorizes the SC to decide, among
others,
all
cases
involving
the
constitutionality of any treaty, international
or executive agreement, law
BASIS OF INTERNATIONAL LAW
1. Naturalist school of thought- there
is a natural and universal principle of
right and wrong, independent of any
mutual intercourse or compact, which
is supposed to be discovered and

recognized by every individual through

the use of his reason and his
conscience.
2. Positivists- who that the binding
force of international law is derived
from the agreement of sovereign
states to be bound by it.
3. Eclectics or Grotians- both the law
of nature and the consent of states as
the basis of international law.
SANCTIONS OF INTERNATIONAL LAW
1. Belief shared by many states in the
inherent
reasonableness
of
international law and their common
conviction that its observance will
redound to the welfare of the whole
society of nations.
2. But regardless of the intrinsic merit of
the rules of international law, they may
still be observed by states because of
the normal habits of obedience
ingrained in the nature of man as
social being.
3. Respect for the world opinion held by
most states, or their desire to project
an agreeable public image in order to
maintain the goodwill and favourable
regard of the rest of the family of
nations.
4. The constant and reasonable fear,
present even in the most powerful
states, that violation of international
law might visit upon the culprit the
retaliation of other states.
5. There is the machinery of the UN
which, within the sphere of its limited
powers, has on many occasions proved
to be an effective deterrent to

international disputes caused

disregard of the law of nations.
be
FUNCTIONS OF INTERNATIONAL LAW

1. To establish peace and order in the
community of nations and to prevent
the employment of force, including
war, in all international relations
2. It strives as well to promote world
friendship by levelling the barriers, as
of color or creed, that have so far
obstructed the fostering of a closer
understanding in the family of nations.
3. To encourage and ensure greater
international
cooperation
in
the
solution of certain common problems
of a political, economic, cultural or
humanitarian character
4. Aims to provide for the orderly
management of the relations of states
on the basis of the substantive rules
they have agreed to observe as
members
of
the
international
community.
DISTINCTION WITH OHERS CONCEPTS
1. International morality or ethicsthose principles which governs the
relations of states from the higher
standpoint of conscience, morality,
justice and humanity.
2. International comity- those rules of
courtesy observed by states in their
mutual relations, in that violations of
its precepts are not regarded as
constituting grounds for legal claims.
3. International diplomacy- relates to
the objects of national or international

policy and the conduct of foreign

affairs or international relations.
4. International administrative lawthat body of laws and regulations, now
highly developed, created by the
action of international conference or
commissions
which
regulate
the
relations and activities of national and
international agencies with respect to
those
material
and
intellectual
interests
which
received
an
authoritative universal recognition.
CHAPTER 2
SOURCES OF INTERNATIONAL LAW
KINDS OF SOURCES
1. Primary/ direct sources
a. Treaties/conventions, whether
general or particular, establishing
rules expressly recognized by the
contesting states
b. International customs- a practice
which has grown up between states
and has come to be accepted as
binding the mere fact of persistent
usage over a long period of time.
c. General
principles
of
law
recognized by civilized nationsthe general principles of law are
mostly derived from the law of
nature and observed by the

majority of states because they

believed to be good and just.
2. Secondary/ indirect sources
a. Decisions of courts- art 38 of the
statute of ICJ does not distinguish
between
those
rendered
by
international tribunals and those
promulgated only by national courts
b. Writing of publicists-must also
be, to qualify as such, a fair and
unbiased
representation
of
international law, and by an
acknowledged authority in the field.
NOTE: The doctrine of stare decisis is not
applicable in international law, and so the
decision of a subsequent case.
CHAPTER 3
THE INTERNATIONAL COMMUNITY
INTERNATIONAL COMMUNITY
-
the body of juridical entities which are

governed by law of nation.
Modern concept- it is composed not
only of states but also of such other
international persons.
SUBJECT V. OBJECT
SUBJECT OF INTERNATIONAL LAW- is the
entity that has rights and responsibilities
under that law. It has an international
personality in that it can directly assert

rights and be held directly responsible under

the law of nations.
OBJECT OF THE INTERNATIONAL LAW- is
the person or thing in respect of which rights
are held and obligations assumed by the
subject.
STATES
-
A group of people living together in a

definite
territory
under
the
independent government organized for
political ends and capable of entering
into international relations.
ELEMENTS:
1. A permanent population- Human
being living within its territory
2. Defined territory- fixed portion of the
surface of the earth in which the
people of the state reside
3. Government- agency through which
the will of the state is formulated,
expressed and realized.
4. Sovereignty
or
independenceexternal aspect or manifestation of
sovereignty, that is, the power of the
state to direct its own external affairs
without interference or dictation from
other states.
CLASSIFICATION OF STATES
INDEPENDENT STATES
one which is not subject to dictation
from others in this respect

a. Simple States- one which is

placed
under
a
single
and
centralized government exercising
power over both its internal and
external affairs
b. Composites States- two or more
states, each with its own separate
government but bound under a
central authority exercising, to a
greater or less degree, control over
their external relations.
1. Real union- created when two
or more states are merged under
a unified authority so that they
form
a
single
international
person through which they act as
one entity.
2. Federal union- is a combination
of two or more sovereign states
which upon merger cease to be
states, resulting in the creation
of a new state with full
international
personality
to
represent them in their external
relations as well as a certain
degree of power over their
domestic
affairs
and
their
inhabitants. i.e. US
3. Confederationis
an
organization of states which
retain their internal sovereignty
and, to some degree, their
external
sovereignty,
while
delegating to the collective body
power to represent them as a
whole for certain limited and
specified purposes.

4. Personal union- comes into

being when two or more
independent states are brought
together under the rule of the
same
monarch,
who
nevertheless does not become
one international persons for the
purpose of representing any or
all of them.
5. Incorporate union- two or
more states under a central
authority empowered to direct
both their external and internal
affairs and possessed of a
separate
international
personality.
NEUTRALIZED STATES
An independent state, whether it be
simple or composite, may be neutralized
through the agreement with other states by
virtue of which the latter will guarantee its
integrity and independence provided it
refrains from taking any act that will involve
it in war or other hostile activity except for
defensive purposes.
DEPENDENT STATES
An entity which, although theoretically
a state, does not have full freedom in the
direction of its external affairs. It fall into two
general categories:
a. Protectorate- which is established at
the request of the weaker state for the
protection by string power
b. Suzerainty- which is a result of a
concession from a states to a former
colony
that
is
allowed
to
be

independent subject to the retention

by the former sovereign of certain
power over the external affairs of the
latter.
UNITED NATIONS
UN is not is state or a super state but a
mere organization of states, it is regarded as
an international person for certain purposes.
THE VATICAN CITY
The holy see has all the constituent element
of statehood ( people, territory: 108.7 acres;
government with the pope as head; and
independence by virtue of the Lateran Treaty
of February 11,1929, which constitutes the
Vatican as a territory under the sovereignty
of the Holy See. It has all the right of a state,
including diplomatic intercourse, immunity
from foreign jurisdiction.
COLONIES AND DEPENDENCIES
A colony or a dependency is part and parcel
of the parent state, through which all its
external relations are transacted with other
states. As such, therefore, it has no legal
standing
in
the
family
of
nations.
Nevertheless, such entities have been
allowed on occasion to participate in their
own right in international undertaking and
granted practically the status of a sovereign
state.
MANDATES AND TRUST TERRITORIES
The system of mandates was established
after the World War I in order to avoid
outright annexation of the underdeveloped

territories taken from the defeated powers

and to place their administration under some
forms of international supervision.
Kinds of trust territories:
1. Those held under the mandate under
the league of nations
2. Those territories detached from the
defeated states after world war II
3. Those voluntarily placed under the
system by the states responsible for
their administration.
BELLIGERENT COMMUNITIES
When a portion of the population rises up in
arms against the legitimate government of
the states. The upheaval is ordinarily
regarded as a merely internal affair, at least
during its initial stages. The state is held
responsible for all injuries caused upon third
states. For the purpose of the conflict, and
pending determination of whether or not the
belligerent
community
should
fully
recognized as a state, it is treated as an
international persons and becomes directly
subjects to the laws of war and neutrality.
A inchoative state- it is vested with full rights
of visitation, search and seizure of
contraband articles on high seas, blockade
and the like.
INTERNATIONAL
BODIES
ADMINISTTATIVE
Created by agreement among states

may be vested with international personality
when two conditions concur, to wit, that their

purposes are mainly non-political and that

they are autonomous.
Examples:
international
labor
organization,
food
and
agricultural
organization, world health organization
INDIVIDUALS
Individual only as an object of
international law who can act only through
the instrumentality of his own state in
matters involving others states.
CHAPTER 4
THE UNITED NATIONS
Delegate of fifty nations met at the San
Francisco conference from April 25, to June
26, 1945, and prepared and unanimously
approved the charter of the United Nations.
This came into force on October 24, 1945.
THE U.N. CHARTER
-
Is a lengthy document consisting of

111 articles besides the preamble and
the concluding provisions.
May be considered a treaty because it
derives its binding force from the
agreement of the parties to it.
Intended to apply not only to the
members of the organizations but also
to non-member states so far as may
be necessary for the maintenance of
international peace and security.
AMENDMENTS
-
When they have been adopted by the

vote of 2/3 of the members of the

general
assembly
and
ratified
accordance with their respective
constitutional processes by 2/3 of the
members of the U.N., including all the
permanent members of the Security
Council.
a GENERAL CONFERENCE may be
called by majority vote of the general
assembly and any nine members of
the security council for the purpose of
reviewing the charter. Amendments
may be proposed by the vote of 2/3 of
the members of the general assembly
and ratified accordance with their
respective constitutional processes by
the 2/3 of the members of the U.N.,
including all the permanent members
of the Security Council.
THE PREAMBLE OF THE CHARTER

-
introduces the charter and sets the

common intentions that moved the
original members to unite their will
and efforts to achieve their common
purpose.
PRINCIPAL PURPOSES OF U.N.

1. to maintain international peace and
security
2. to develop friendly relations among
nations
3. to achieve international cooperation in
solving international problems and in
promoting and encouraging respect for
human
rights
and
fundamental
freedoms.

4. To be a center for harmonizing the

actions of nations in the attainment of
these common ends
PRINCIPLES
1. The organizations is based on the
principles of the sovereign equality of
all its members
2. All members, in order to ensure to all
of them the rights and benefits
resulting from membership, shall fulfil
in good faith the obligations assumes
by them in accordance with the
present charter.
3. All
Members
shall
settle
their
international disputes by peaceful
means in such a manner that
international peace and security, and
justice, are not endangered.
4. All Members shall refrain in their
international relations from the threat
or use of force against the territorial
integrity or political independence of
any state, or in any other manner
inconsistent with the Purpose of the
United Nations.
5. All Members shall give the United
Nations very assistance in any action it
takes in accordance with the present
Charter, and shall refrain from giving
assistance to any state against which
the United Nations is taking preventive
or enforcement action.
6. The Organization shall ensure that
states which are not Members of the
Unites Nations act in accordance with
these Principles so far as may be
necessary for the maintenance of
international peace and security.

7. Nothing contained in the present

Charter shall authorize the United
nations to intervene in matters which
are essentially within the domestic
jurisdiction of any state or shall require
the Members to submit such matters
to settlement under the present
Charter; but this principles shall not
prejudice
the
application
of
enforcement measure under Chapter
VII
MEMBERSHIP
KINDS:
1. Original- those states which, having
participated in the U.N conference on
international organization at San
Francisco or having previously signed
the declaration by U.N of January 1,
1942, signed and ratifies the charter of
the U.N.
2. Elective
The distinction between the two is based
only on the manner of their admission and
does not involve any difference in the
enjoyment of rights or the discharge of
obligations.
QUALIFICATIONS:
1. It must be a state
2. It must be peace-loving
3. It must accept the obligations of the
Charter
4. It must be able to carry out these
obligations
5. It must be willing to carry out these
obligations

ADMISSION
Decision of 2/3 of those present and
voting in the general assembly upon the
recommendation of at least nine (including
all the permanent) members of the Security
Council
SUSPENSION
Effected by 2/3 of those present and
voting in the general assembly upon
favourable recommendation of at least nine
members of the Security Council including
the permanent members
The suspension may be lifted alone by
the Security Council, also by a qualified
majority vote.
Suspended members will prevent it
from participating in the meeting of the
general assembly or from being elected to or
continuing to serve in the Security Council,
the economic and social council of the
trusteeship
council.
National
of
the
suspended
members,
may
however,
continue serving in the Secretariat and the
ICJ as they regarded as international officials
or civil servants acting for the Organization
itself.
EXPLUSION
2/3 vote of those present and voting in
the
general
assembly,
upon
recommendation of a qualified majority of
the security Council, on grounds of
persistently
violating
the
principles
contained in the Charter.

WITHDRAWAL
No
provision
on
withdrawal
from
membership was includes in the Charter
because of the fear that it might encourage
successive withdrawals that would weaken
the organization.
A member might withdraw from the U.N if:
1. The organization was revealed to be
unable to maintain peace or could do
so only at the expense of law and
justice
2. The members right and obligations as
such were changed by a charter
amendment in which it had not
concurred or which it finds itself unable
to accept
3. An amendment duly accepted by the
necessary majority either in the
general assembly or in a general
conference is not ratified.
ORGANS OF THE UNITED STATES
PRINCIPAL ORGANS
1. General assembly (G.A)
Consists of all the members of the
organization, each of which is entitled
to
send
not
more
than
5
representatives and 5 alternates
- Each member of the G.A has one vote
Functions of the General Assembly
a. Deliberative- initiating studies
and making recommendations
toward
the
progressive
development of international law
and
its
codification
and

recommending measure for the

peaceful adjustment of any
situation
b. Supervisoryreceiving
and
considering annual and special
reports from the other organs of
the U.N
c. Financial- the consideration and
approval of the budget of the
organization, the apportionment
of expenses among its members
and the approval of financial
arrangements with specialized
agencies.
d. Elective- the election of nonpermanent
members of the
Security Council
e. Constituent- admission of the
members and the amendment of
the Charter of the U.N
2. Security council
- Key organ of the U.N in the
maintenance of the internal peace and
security council
- 5 permanent members
o China
o France
o United kingdom
o Russia
o United states
- 10 elective members
o 5 African and Asian states
o 2 latin American states
o 2 western European and other
states
o 1 eastern European states
-
The non-permanent members are NOT

eligible for immediate re-election
The permanent members were give
preferred position because of the

feeling that they were the states that

would be called upon to provide the
leadership and physical force that
might be needed to preserve the
peace of the world
The geographical distribution of nonpermanent members was a recognition
of the relative importance of the
affected in the maintenance of
international order.
Chairmanship- rotated every calendar
month on a basis of English alphabet
order of names
YALTA FORMULA- devised at the
crimea conference
o Each member shall have one
vote, but the distinction is made
between the Big Five and the
non-permanent members in the
resolution
of
substantive
questions
o PROCEDURAL MATTERS are to be
decided by the affirmative vote
of any nine or more members.
o NON-PROCEDURAL
MATTERS
require the concurrence of also
at least nine members but
included all the permanent
members, but including the
permanent members.
o No members, permanent or not
is allowed to vote on question
concerning
the
pacific
settlement of a dispute to which
it is a party.
PROCEDURAL
MATTERS
include
questions relating to the organization
and meeting of the security council,
the establishment of subsidiary organs

and the participation of states parties

in disputes in the discussion of the
organ.
NON-PROCEDURAL MATTERS are those
that may require the security council
under its responsibility of maintenance
or resorting world peace to invoke
measures of enforcement
PERMENENT MEMBERS may cast a
VETO an thereby prevent agreement
on a non-procedural question even if it
is supported by all the other members
of the Security Council
PERMENENT MEMBERS may also
exercise the so called DOUBLE VETO,
by means of which it can disapprove
any proposal to consider a question
merely procedural and thereafter vote
against the question itself on the
merits
Abstention
or
absence
of
any
permanent member in connection with
a voting on a non-procedural question
is not connection with a voting , and
the proposal is deemed adopted if
approved by at least nine members of
the Security Council including the rest
of the permanent members.
Purpose of the YALTA FORMULA is to
ensure the unity (?) of the permanent
members in the measures to be taken
in the pursuit of its primary function of
maintaining international peace and
security.
3. Economic and social council

- Elected by G.A for 3 year terms and
may be re-elected immediately

Each member has one vote and

decisions are reached by a majority of
those present and voting
Organs should exert efforts toward:
o Higher standards of living, full
employment, and conditions of
economic and social progress
and development
o Solutions
of
international
economic, social health and
related
problems
and
international,
cultural
and
educational cooperation; and
o Universal
respect
for
and
observance of, human rights and
fundamental freedoms for all
without distinction as to race,
sex language or religion.
4. Trusteeship council
- Charged with the duty of assisting the
Security Council and the general
assembly in the administration of the
international trusteeship system.
- Composed of :
o The members of the U.N
administering trust territories
o The permanent members of the
security
council
not
administering tryst territories
o As many other members elected
for 3 year term by general
assembly as may be necessary
to ensure that the total number
of members of the trusteeship
council
is
equally
divided
between those members of the
United Nations which administer
trust territories and those which
do not.

Each member has one vote and

decisions are reached by a majority of
those present and voting
Under its authority, it may:
o Considered reports submitted by
the administering authorities
o Accept petitions and examine
them in consultation with the
administering authorities
o Provide for periodic visits to trust
territories at times agrees upon
with
the
administering
authorities
o Take such other actions in
conformity with the terms of the
questionnaire on the political,
economic, social and educational
advancement of the inhabitant
of the trust territories
Trusteeship council is largely become
obsolete with the conversion of
practically all trust territories into fullfledged miniature states.
5. International court of justice

- Judicial organ of the U.N which function
in accordance with the statute.
- Composed of 15 members who are
elected by absolute majority in the G.A
and the security council
- The judges must:
o be of high moral character
o possess
the
qualifications
required in their respective
countries for appointment to
their competence in international
law
- No two of them may be nationals of
the same state and in the event that
more than one national of the same

state obtain the required majorities,

only the eldest shall be considered
elected
Members have a term of 9 years and
may be re-elected.
No judge can be removed unless, in
the unanimous opinion of the other
members, he has ceased to fulfil the
required conditions.
Court may elect its president and vice
pres. Who shall serve for 3 years and
may be re-elected
6. Secretariat
- Chief administrative organ of the U.N
- Headed by SECRETARY GENERAL
o Chose
by
the
G.A
upon
recommendation of the security
council
o Fixed 5 years term by resolution
of the G.A and may be re-elected
o Highest representative of the U.N
and is authorized to act in itself
o When acting in his capacity, he
is entitles to full diplomatic
immunities and privileges which
only the security council may
waive
o The immunities and privileges of
other key official of the united
nation may be waived by the
secretary general
o His duty is to bring to the
attention of the security council
may matter which in his opinion
may
threaten
international
peace and security
o Acts a s secretary in all the
meetings of the G. A, the
security council, the economic

and social council and the

trusteeship council and performs
such other functions as may be
assigned to him by these organs.
o He prepares the budget of the
U.N for submission to the G.A,
provides technical facilities to be
different
organs
of
the
organization and in general
coordinates
its
vast
administrative machinery
Secretary general and the members of
his staff are internal officers solely
responsible to the Organization and
are prohibited from seeking or
receiving
instruction
from
any
government or any authority external
to the U.N
SECONDARY ORGANS- those which have

been created by or in accordance with the
charter such as the military staff committee,
the international law commission and the
commission on human rights.
CHAPTER 5
THE CONCEPT OF THE STATE
CREATION OF STATES
-
By revolution
By unification
By secession
By assertion of independence
By agreement and attainment of
civilization
EXTINCTION OF STATES

By extinction or emigration en masse

of its population
By loss of territory
By overthrow of government resulting
in anarchy
PRINCIPLES OF STATE CONTINUITY

-
The state continues as juristic being

notwithstanding
changes
in
its
circumstances, provided only that they
do not result in loss of any of its
essential elements.
This principle applied in the sapphire
case where, after Emperor Louis
napoleon filed a damage suit on behalf
of France in an American court, he was
deposed. Nonetheless, the action was
not abated and could continue upon
recognition of the duly authorized
representative of the new government
of France.
SUCCESSION OF STATES
-
Takes place when one state assumes

the rights and some of the obligations
of another because of certain changes
in the condition of the latter.
May be either:
o Universal succession -when a
state is annexed to another state
or is totally dismembered or
merges with another state to
form a new state
o Partial succession- take place
when a portion of the territory of
the states or is ceded to another
or when an independent state
becomes a protectorate or a

suzerainty or when a dependent

state acquires full sovereignty.
CONSEQUENCES OF STATE SUCCESSION
-
Allegiance of the inhabitants of the

predecessor state in the territory
affected is transferred to the successor
state. They are also naturalized en
masse
Political law of the former are
automatically abrogated and may be
restored only by a positive act on the
part of the new sovereign. But nonpolitical laws, such as those dealing
with familiar relations, are deemed
continued unless they are changed by
the new sovereign or are contrary to
the institution of the successor state.
Treaties of a political and even
commercial nature, as well as treaties
of extradition, are also discontinued,
except those dealing with local rights
and duties, such as those establishing
easement and servitudes.
All the rights of the predecessor state
are inherited by the successor state
but this is not so where liabilities are
concerned.
SUCCESSION OF GOVERNMENT
-
Where
the
government
replaces
another either peacefully or by violent
methods. In both instances, the
integrity of the state is not affected;
the state continues as the same
international person except only that
its lawful representative is changed.

The
rights
of
the
predecessor
government are concerned; they are
inherited in too by the successor
government.
Where the new government was
organized by virtue of a constitutional
reform duly ratified in plebiscite, the
obligations of the replaced government
are completely by the former.
Where the new government was
established through violence as by a
revolution, it may lawfully reject the
purely personal or political obligations
of the predecessor government but not
contracted by it in the ordinary course
of official business.
CHAPTER 6
RECOGNITION
BASIC RULES IN RECOGNITION OS

STATES
-
It is political act and mainly a matter of

policy on the part of each state.
it is discretionary on the part of the
recognizing authority.
it is exercised by the political
(executive) department of the state.
The legality and wisdom of recognition
is not subject to judicial review.
THEORIES ON RECOGNITION
1. Declaratory (majority view)
- merely affirms the pre-existing fact
that the entity being recognized

already possess the status of an

international persons.
- Political and discretionary
2. Constitutive (minority view)
- It is last indispensable element that
converts or constitutes the entity
being recognized into an international
person.
- Mandatory and legal
OBJECTS OF RECOGNITION
1. Recognition of a state- held
irrevocable
and
imports
the
recognition of the government
2. Recognition of a government- may
be withdrawn and does not necessary
signify the existence of a state as the
government may be that of a mere
colony.
3. Recognition of belligerency- does
not produce the same effect as the
recognition of states and government
because the rebels are accorded
international
personality
only
in
connection with the hostilities they are
waging.
KIND OF RECOGNITION
1. Express- may be verbal or in writing.
It may be extended through a formal
proclamation or announcement, a
stipulation in a treaty, a letter or
telegram, or on the occasion of an
official call or conference.
2. Implied- when the recognizing state
enters into officials intercourse with
the new member by exchanging
diplomatic representatives with it.

The act constituting recognition shall give a

clear indication of an intention:
1. To treat with the new state as such
2. To accept the new government as
having authority to represent the state
it purports to govern and to maintain
diplomatic relations with it
3. To recognize in the case of insurgent
that they are entitled to exercise
belligerent rights
RECOGNITION OF STATES
-
held irrevocable and imports

the
EFFECTS OF THE RECOGNITION OF

THE STATE AND GOVERNMENT
1. full diplomatic relations are established
except where the government
2. the recognized state or government
acquire the right to sue in courts of
recognizing state
has a right to possession of properties
of predecessor in the territory of the
recognizing state
4. all acts of the recognized state or
government
are
validated
retroactively,
preventing
the
recognizing state from passing upon
their legality in its own courts
RECOGNITION
OF
A
STATE
RECOGNITION OF GOVERNMENT
-
V.
recognition of the state carries with it

recognition states is irrevocable

RECOGNITION OF GOVERNMENT
-
may be withdrawn and does not

necessary signify the existence of a
state as the government may be that
of a mere colony.
REQUISITES:
1. government is stable and effective
(objective test)
2. no substantial resistance to its
authority
3. the government must show willingness
and
ability
to
discharge
its
international obligations (subjective
test)
4. government
must
enjoy
popular
consent or approval of the people.
KINDS OF THE DE FACTO GOVERNMENT

1. That which is established by the
inhabitants who rise in revolt against
and depose the legitimate regime.
2. That which is established in the course
of war by the invading forces of one
belligerent in the territory of the other
belligerent, the government of which is
also displaced.
3. That which is established by the
inhabitants of a state who secede
therefrom without overthrowing its
government.
LANDMARK CASE DOCTRINE
1. WILSON/ TOBAR DOCTRINE
- This precludes recognition of the
government established by revolution,

civil war, coup detat or other form of

internal violence until the freely
elected representatives of the people
have recognized a constitutional
government
2. KELSEN DOCTRINE
- A states violates international law and
thus infringes upon the rights of other
states if it recognizes as a state a
community which does not fulfil the
requirements of international law
3. BETANCOURT DOCTRINE
- This
came
as
a
reflection
of
Venezuelan
president
Romulo
Betancourts
antipathy
for
nondemocratic
rule,
which
denied
diplomatic recognition to any regime,
right or left, which came to power by
military force.
4. LAUTERPACHT DOCTRINE
- It is the recognition of an entity which
is not legally a state is wrong because
it constitutes as abuse of the power of
recognition.
It
acknowledges
a
community which is not in law,
independent and which does not
therefore fulfil the essential conditions
of statehood as an independent state.
It is, accordingly, a recognition which
an international tribunal declare not
only to constitute a wrong but probably
also to be itself invalid.
5. STIMSON DOCTRINE
- This precludes recognition of any
government established as a result of
external aggression

6. ESTRADA DOCTRINE
- This refers to dealing or not dealing
with the government established
through a political upheaval is not a
judgement on the legitimacy of the
said government.
RECOGNITION
DE JURE
Relatively
permanent
Vests title in the
government to
its
properties
abroad
RECOGNITION
DE FACTO
Provisional
Does NOT vests

title
in
the
government to
its
properties
abroad
Brings
about Limited
to
full
diplomatic certain juridical
relations
relations
EFFECTS OF THE RECOGNITION OF
THE STATE AND GOVERNMENT
1. full diplomatic relations are established
except where the government
acquire the right to sue in courts of
recognizing state
has a right to possession of properties
of predecessor in the territory of the
recognizing state
4. all acts of the recognized state or
government
are
validated
retroactively,
preventing
the
recognizing state from passing upon
their legality in its own courts

RCOGNITION OF BELLIGERENCY
-
Does not produce the same effect as

the
recognition
of
states
and
government because the rebels are
accorded international personality only
in connection with the hostilities they
are waging.
CONDITION FOR
BELLIGERENCY
RECOGNITION
OF
1. there must be an organized civil

government directing the rebel forces
2. the rebels must occupy a substantial
portion of the territory of the state
3. the conflict between the legitimate
government and the rebels must be
serious,
making
the
outcome
uncertain.
4. The rebels must be willing and able to
observe the laws of war.
EFFECTS
OF
BELLIGERENCY
RECOGNITION
OF
1. Responsibility for acts of rebels

resulting to injury to nationals of
recognizing state shall be shifted to
rebel government
2. The legitimate government recognizing
the rebels as belligerents shall observe
laws or customs of war in conducting
hostilities
3. Third states recognizing belligerency
should maintain neutrality;
4. Recognition is only provisional and
only for purposes of hostilities.
CHAPTER 7

THE RIGHT OF EXISTENCE AND SELFDEFENSE

Once a state comes into being. It is
invested with certain rights described
as fundamental.
Most important of these rights:
o Right of existence
o Self-defence
*It is important because all its other rights
are supposed to flow or be derived from it.
The presence of an Armed Attack to
justify the exercise of the right of selfdefence may be taken by a state only
in the face of a necessity of selfdefense that is instant, overwhelming
and leaving no choice of means and no
moment for deliberation
Right may be resorted only upon clean
showing of a grave and actual danger
to the security of the state
The best defense is offense Grotius
One might well argue now that the
very state of armed preparedness of a
nuclear power is per se a potent, if
latent.
THE CUBAN MISSILE CRISIS
The peace of the world and the
security of the US (had been)
endangered
by
reason
of
the
establishment by the Sino-Soviet
powers of an OFFENSIVE MILITARY
CAPABILITY in Cuba, including bases
for ballistic missiles with a potential
range covering most of North and
South America.

REGIONAL ARRANGEMENTS
Nothing in the present charter
precludes the existence of regional
arrangements.
REGIONAL ARRANGEMENTS Agencies for
dealing with such matters relating to the
maintenance of international peace and
security as are appropriate for regional
action.
Example
of
Regional
Agency:
Organization of American States
Whose
organ
of
consultation
authorized or ratified the action taken
by the US.
THE BALANCE OF POWER
One reason for the organization of
regional arrangements is to provide for
the balance of power
An arrangement of affair so that no
state shall be in a position to have
absolute mastery and dominion over
others. Vattel
AGGRESSION Use of armed force by a state
against:
Sovereignty
Territorial Integrity
Political independence of other state
First use of armed forces shall
constitute prima facie evidence of
aggression
QUALIFY AS AN ACT OF AGGRESSION

1. Invasion/attack by armed forces of a

state of the territory of another state
2. Bombardment of armed forces
3. The blockade of parts/coasts of a state
by the armed forces of another state
4. Attack of sea, air forces, land etc.
5. Use of armed forces within the territory
of another State with the agreement of
the receiving State, in contravention of
the conditions provided for in the
agreement or any extension of their
presence in such territory beyond the
termination of the agreement
6. The action of a State in allowing its
territory, which it has placed at the
disposal of another State, to be used
by that other State for perpetrating an
act of aggression against a 3rd state
7. The sending by or on behalf of a State
of armed force against another State
of such gravity as to amount to the
acts listed above, or its substantial
involvement therein.
CHAPTER 8
THE RIGHT OF INDEPENDENCE
SOVEREIGNTY
Supreme, uncontrollable power inherent in a

state, the supreme power of the state to
command and enforce obedience
Enables the state to make its own
decision vis--vis other states and
vests it with competence to enter into
relation and agreements with them.

2 ASPECTS
1. INTERNAL SOVEREIGNTY Power of the
state to direct its domestic affairs
2. EXTERNAL
SOVEREIGNTY
The
freedom of the state to control its own
foreign affairs.
o External sovereignty is more
often
referred
to
as
independence.
NATURE OF INDEPENDENCE
Freedom from control by any other
state or group of states and not
freedom from the restrictions that are
binding on all states forming the family
of nations.
Must
submit
to
limitations,
independence of a state is of necessity
restricted.
INTERVENTION
State must abstain from intervention.
It expects its independence to be
respected by other states, so too must
it be prepared to respect their own
independence.
Rights of independence carries with it
duty of non-intervention.
2 INSTANCES WHEN THE USE OF FORCE IS
ALLOWED UNDER THE CHARTER OF THE UN:
1. When such action is agreed upon in a
treaty
2. When requested from sister states or
from the UN

Recent events have called for a reexamination of the law on intervention,

especially where intervention is based
on humanitarian grounds
Revolted by the inhumane plight of the
innocent victims, the UN sent a
contingent of military troops from
several countries, primarily the US.
THE DRAGO DOCTRINE
The contracting powers agree not to
have recourse to armed force for the
recovery of contract debts claimed
from the government of one country
by the government of another country
as being due to its nationals.
CHAPTER 9: THE RIGHT OF EQUALITY

Art. 2 of Charter of the UN: The
organization is based on the principle
of the sovereign equality of all its
members.
States are juridically equal, enjoy the
same rights, and have equal capacity
in their exercise. The rights of each
one do not depend upon the power
which it possesses to assure its
exercise, but upon the simple fact of
its existence as a person under
international law.
ESSENCE OF EQUALITY
Does not signify parity in physical
power, political influence or economic
status or prestige

Equality does not even require equality

in the number of rights
All the rights of a State, regardless of
their number, must be observed and
respected
All States, big or small have an equal
right to the enjoyment of all their
respective attributes as members of
the family of nations
All members of UN have each one vote
in the General Assembly, all votes
having equal weight and are generally
eligible for positions in the various
organs of the UN
Par in parem non habet imperium
Even the strongest state cannot
assume jurisdiction over another state,
no matter how weak etc..
LEGAL EQUALITY VS. FACTUAL INEQUALITY
Not all states have equal eligibility with
regard to elective membership of the
Security Council
5 of them must be elected from the
African and Asian states and only 1
can come from the Eastern European
State.
In General Assembly, all members
have on vote regardless of the number
of people they separately represent.
CHAPTER 9
THE RIGHT OF EQUALITY
Art. 2 of Charter of the UN The
organization is based on the principle
of the sovereign equality of all its
members

States are juridically equal, enjoy the

same rights, and have equal capacity
in their exercise. The rights of each
one do not depend upon the power
which it possesses to assure its
exercise, but upon the simple fact of
its existence as a person under
international law.
ESSENCE OF EQUALITY
Does not signify parity in physical
power, political influence or economics
status or prestige
Equality does not even require equality
in the number of rights.
PRINCIPLE: All the rights of a state,
regardless of their number, must be
observed and respected
All states, big or small have an equal
right to the enjoyment of all their
respective attributes as members of
the family of nations.
All members of UN have each one vote
in the General Assembly, all votes
having equal weight, and are generally
eligible for positions in the various
organs of the UN
Par in paren non habet imperium
even the strongest state cannot
assume jurisdiction over another state,
no matter how wake etc..
LEGAL
EQUALITY
INEQUALITY
VS.
FACTUAL
Not all states have equal eligibility

with regard to elective membership
of the Security Council

5 of them must be elected from the

African and Asian states and only 1
can come from the Eastern
European State.
CHAPTER 10
TERRITORY
TERRITORY Fixed portion of the surface of
the earth inhabited by the people of the
state.
Must be permanent and indicated with
precision
Big enough to provide for the needs of
the population but not be so extensive
as to be difficult to administer/defend
from external aggression.
The Philippines is committed to the
renunciation of the war for territorial
aggrandizement but like other states,
is not precluded from acquiring
additional territories through any of
the methods permitted under the law
of nations.
ACQUISITION AND LOSS OF TERRITORY
Territory may be acquired by:
Discovery
Occupation
Subjugation
Prescription
Cession
Accretion
Territory may be lost by:

Abandonment
Dereliction
Cession
Revolution
Subjugation
Prescription
Erosion
Natural causes
DISCOVERY AND OCCUPATION

Original mode of the acquisition by
which territory not belonging to any
state is placed under the sovereignty
of the discovering state.
Territory need not be to be uninhabited
provided it can be established that the
natives are not sufficient civilized and
can be considered as possessing not
rights of sovereignty but only rights of
habitation
Open seas and outer space are not
susceptible
to
discovery
and
occupation.
2 REQUISITES OF A VALID DISCOVERY AND
OCCUPATION
1. Possession
2. Administration
Possession must be claimed on behalf
of the state. Be effected through a
formal proclamation and the symbolic
act of raising the national flag in the
territory.
Mere possession will not suffice
INCHOATE TITLE OF DISCOVERY
Performs the function of barring other
states from entering the territory until

the lapse of a period within which the

discovering state may establish as
settlement thereon and commence to
administer it.
ISLAND OF PALMAS CASE
Discovery
alone,
without
any
subsequent act, cannot at the present
time suffice to prove sovereignty of
Island of Palmas.
An inchoate title could not prevail over
the continuous and peaceful display of
authority by another state for such
display may prevail even over a prior,
definitive title put forward by another
state.
CLIPPERTONE ISLAND CASE
Title was deemed acquired by France
over an island it had formally claimed
but had never administered. He
proclaimed and declared that the
sovereignty
of
the
said
island
beginning from that date belonged in
perpetuity to his majesty.
If a territory, by virtue of the fact that
it was completely uninhabited, from
the first moment when the occupying
state makes its appearance there, at
the
absolute
and
undisputed
possession of that State, from that
moment the taking of possession is
considered accomplished and the
occupation is formally completed.
DERELICTION Territory is lost by dereliction
when the state exercising sovereignty over it

physically withdraws from it with

intention of abandoning it altogether.
the
conditions must concur:

1. Acts of withdrawal
2. Intention to abandon
PRESCRIPTION Prescription in international

law requires long continued and adverse
possession to vest acquisitive title in the
claimant.
CESSION Method by which territory is
transferred from one state to another by
agreement between them. Acquisition of
territory by cession is usually effected by
such familiar transactions as sale, donation,
barter
or
exchange,
and
even
by
testamentary disposition.
Examples are the purchase by the US
of Alaska from Russia in 1867, the gift
by Austria of Lombardy to France in
1859
SUBJUGATION Territory is deemed acquired
by subjugation when, having been previously
conquered or occupied in the course of war
by the enemy, it is formally annexed to it at
the end of that war.
Conquest alone confers only an
inchoate right on the occupying state;
it is the formal act of annexation that
completes the acquisition.
ACCRETION Mode of acquiring territory
based on the principle of accession cedat
principali. It is accomplished through both

natural or artificial processes, as by the

gradual and imperceptible deposit of soil on
the coasts of the country through the action
of the water or, more effectively, by
reclamation projects like those undertaken in
Manila Bat and the polders of Holland.
COMPONENT OF TERRITORY
1.
2.
3.
4.
Terrestrial domain
Maritime domain
Fluvial domain
Aerial domain
THE TERRESTRIAL DOMAIN

Land mass
THE MARITIME AND FLUVIAL DOMAIN
Bodies of water within the land mass
and the waters adjacent to the coasts
of the state up to a specified limit.
RIVERS MAY BE CLASSIFIED INTO:
1. National Rivers situated completely
in the territory of one state
2. Multi-national Rivers Flow through
the territories of several states
3. International Rivers is navigable from
the open sea and is open to the use of
vessels from all states
4. Boundary
Rivers
divided
the
territories of the riparian states
THALWEG DOCTRINE In the absence of a
specific agreement between such states,
the boundary line is laid on the river. That
is, on the center, not of the river itself,
but of its main channel.

BAYS Well-marked indentation whose

penetration is in such proportion to the width
of its mouth as t contain land-locked waters
and constitute more than a mere curvature
of the coast.
THE TERRITORIAL SEA Belt of waters
adjacent to the coasts of the state, excluding
the internal waters in bays and gulfs, over
which the state claims sovereignty and
jurisdiction
THE UN Conference on the Law of the Sea
3 international conferences have been
called to formulate a new of the sea.
The 1st conference was held in 1958 at
Geneva, Switzerland, and resulted in
the adoption of the Convention on the
Territorial Sea and the Contiguous
Zone, the Convention on the High
Seas, and the Convention on the
Fishing and the Living Resources of the
High Seas, and the Convention on the
Continental Shelf.
The new Convention provides among
others for a uniform breadth of 12
miles for the territorial sea, a
contiguous zone of 12 miles from the
outer limits of the territorial sea, and
an economic zone or patrimonial sea
extending 200 miles from the lowwater mark of the coastal state.
THE PHILIPPINE TERRITORIAL SEA
The claim of the Philippines to its
territorial sea was based on historic
right or title or as it often called, the
TREATY LIMITS THEORY.

The new Convention on the Law of the

Sea now limits our territorial sea 12
miles from the low water mark of our
coasts, as in the case of other states.
METHODS OF DEFINING THE TERRITORIAL
SEA
1. NORMAL BASELINE METHOD The
territorial sea is simply drawn from the
low-water mark of the coast, to the
breadth
claimed,
following
its
sinuosities
and
curvatures
but
excluding the internal waters in bays
and gulfs.
2. STRAIGHT
BASELINE
METHOD
Straight lines are made to connect

appropriate points on the coast
without departing radically from its
general direction.
FISHERIES CASE
United Kingdom questioned the use by
Norway of the straight baseline
method defining its territorial waters.
THE AERIAL DOMAIN
The airspace above the terrestrial
domain and the maritime and fluvial
domain of the state, to an unlimited
altitude but not including outer space.
CHAPTER 11
JURISDICTION
JURISDICTION Authority exercised by a
state over persons and things within or

sometimes outside its territory, subject to

certain exceptions.
JURISDICTION IS CLASSIFIED AS:
1. Personal
2. Territorial
JURISDICTION MAY BE EXERCISED BY A STATE
OVER:
1.
2.
3.
4.
5.
6.
7.
8.
Its nationals
Terrestrial domain
Maritime and fluvial domain
Continental shelf
Open seas
Aerial domain
Outer space
Other territories
PERSONAL JURISDICTION Power exercised

by a state over its nationals. Based on
theory that a national is entitled to the
protection of his state wherever he may be
and is (Doctrine of indelible allegiance)
JOYCE VS. DIRECTOR OF PUBLIC PROSECTION
Defendant Lord HawHaw, challenged
his conviction in Great Britain for high
treason, contending that he was not a
British subject. It appeared that he had
lived in the country for 18 years and
misrepresented himself as its national
for the purpose of obtaining a British
passport that enabled him to go to
Germany where he was broadcast antiAllied propaganda.
o Although not a British subject, he
has by his own act maintained
the bond which while he was

within the realm bound him to

his Sovereign
TERRITORIAL JURISDICTION
Gen. Rule: state has jurisdiction over all
persons and property within its territory
STATE CANNOT EXERCISE JURISDICTION
EVEN WITHIN ITS OWN TERRITORY OVER:
1. Foreign states, heads of states,
diplomatic
representatives,
and
consuls to a certain degree.
2. Foreign state property: embassies,
consulates,
and
public
vessels
engaged in non-commercial activities
3. Acts of state
o UNDERHILL VS. HERNANDEZ
Every sovereign state is bound
to respect the independence of
every other sovereign state, and
the courts of one country will not
sit in judgement on the acts of
the government of another, done
within its own territory.
4. Foreign merchant vessels exercising
the rights of innocent passage or
arrival under stress.
o INNOCENT PASSAGE Navigation
through the territorial sea of a
state
for
the
purpose
of
traversing that sea w/o entering
internal waters etc. as long as it
is not prejudicial to the peace,
good order or security of the
coastal sea.
o ARRIVAL
UNDER
STRESS
Involuntary entrance may be due

to
lack
of
provisions,
unseaworthiness of the vessel,

inclement weather, or other

cases of force majeure, like
pursuit by pirates.
5. Foreign armies passing through or
stationed in its territories with its
permission.
6. Such other persons or property,
including organizations like the UN, by
agreement, waive jurisdiction.
LAND JURSIDICTION
Everything found within the terrestrial
domain of the state is under its
jurisdiction.
Nationals and aliens, including nonresidents, are bound by its laws.
The local state has exclusive title to all
property within its territory.
MARITIME AND FLUVIAL JURISDICTION
Internal waters of a state are
assimilated to the land mass and
subjected to the same degree of
jurisdiction
exercised
over
the
terrestrial domain.
Civil, criminal and administrative
jurisdiction is exercised by the flag
state over its public vessels wherever
they may be, provided they are not
engaged in commerce.
THE SCHOONER EXCHANGE VS. MCFADDON
National ships of war entering the
port of a friendly power open for their
reception are to be considered as
exempted by the consent of that
power from its jurisdiction

ENGLISH RULE The coastal state shall have

jurisdiction over all offenses committed on
board such vessels, except only where they
do not compromise the peace of the port.
FRENCH RULE Flag state shall have
jurisdiction over all offenses committed on
board such vessels, except only where the
compromise the peace of the port.
ANTONI CASE
Murder of a Frenchman by another
Frenchman
on
board
a
French
merchant vessel in a Mexican port did
not disturb the peace of the port.
WINDENHUS CASE
The murder of a Belgian by another
Belgian on board a Belgian merchant
steamer in the port of New Jersey was
of such a nature as to disturb
tranquillity and public order on shore
or in the port
Our own SC has held that the English
rule is applicable in this country.
It is the right of the coastal state to
enforce all its laws to the full extent in
its territorial waters.
U.S.S. PUEBLO INCIDENT An American

vessel was seized and its crew interned by
North Korea for alleged infringement of its
territorial waters.
ARCHIPELAGIC SEALANES Waters over
which foreign ships will have the right of

passage as if they were open seas. A foreign

vessel need not go around our internal
waters but may use these archipelagic sea
lanes in negotiating the distance from one
point of the open sea to another.
THE CONTIGUOUS ZONE
In a zone of the high seas contiguous
to its territorial sea, the coastal state
may exercise the control to: a) prevent
infringement of its customs, fiscal,
immigration or sanitary regulations
within its territory or territorial sea. B)
Punish infringement of the above
regulations within its territory or
territorial sea.
Contiguous zone ,may not, however,
extend more than 12 miles from the
coast of the state
1982 CONVENTION ON THE LAW OD
THE SEA Contiguous zone also
extends 12 miles, but from the outer
limits of the territorial sea.
THE CONTINENTAL SHELF
a) To the seabed and subsoil of similar
areas adjacent to the coasts if islands
The coastal state has the sovereign
right to explore the continental shelf
and to exploit its natural resources.
It may erect on it such installations
and equipment as may be necessary.
THE PATRIMONIAL SEA
The exclusive economic zone or the
patrimonial sea extends 200 nautical
miles from the coast or the baselines.
All living and non-living resources

found therein belong exclusively to the

coastal state.
OPEN SEAS
Available to the use of all states for
purposes of navigation, flying over
them, laying submarine cables or
fishing. In times of war, hostilities may
be waged on the open seas.
THE LOTUS CASE
A collision occurred on the high seas between a
French vessel Lotus and a Turkish vessel BozKourt. The Boz-Kourt sank and killed eight Turkish
nationals on board the Turkish vessel. The 10
survivors of the Boz-Kourt (including its captain) were
taken to Turkey on board the Lotus. In Turkey, the
officer on watch of the Lotus (Demons), and the
captain of the Turkish ship were charged with
manslaughter. Demons, a French national, was
sentenced to 80 days of imprisonment and a fine. The
French government protested, demanding the release
of Demons or the transfer of his case to the French
Courts. Turkey and France agreed to refer this dispute
on the jurisdiction to the Permanent Court of
International Justice (PCIJ).
HELD: The first principle of the Lotus case said that
jurisdiction is territorial: A State cannot exercise its
jurisdiction outside its territory unless it an
international treaty or customary law permits it to do
so. This is what we called the first Lotus Principle.
A STATE MAY EXERCISE JURISDICTION ON

THE OPEN SEAS IN THE FOLLOWING
INSTANCES:
1. Over its vessels
2. Over pirates
3. In the exercise of the right of visit and
search

4. Under the doctrine of hot suits

AERIAL JURISDICTION
The consensus appears to be that the
local state has jurisdiction over the
airspace above it to an unlimited
height, or at the most up to where
outer space begins.
5 AIR FREEDOMS
1. The freedom to fly across foreign
territory without landing
2. The freedom to land for non-traffic
purposes
3. The freedom to put down traffic
originating in the state of the aircraft
4. The freedom to embark traffic destined
for the state of the aircraft
5. The freedom to embark traffic destined
for or to put down traffic originating in
a 3rd state.
CONVENTION ON OFFENSES AND CERTAIN
OTHER ACTS COMMITTED ON BOARD
AIRCRAFT It is the state of registration of
the aircraft that has jurisdiction over
offenses and acts committed on board while
it is in flight or over the high seas or any
other area outside the territory of any state
OUTER SPACE
Outer space, or the region beyond the
earths atmosphere, is not subject to
the jurisdiction of any state.
Outer space shall be free for
exploration and use by all states
without discrimination of any kind.
Astronauts shall be regarded as envoys
of mankind.

CHAPTER 12
THE RIGHT OF LEGATION
THE EXERCISE OF THE RIGHT OF LEGATION
One of the most effective ways of
facilitating and promoting intercourse
among states.
Done through active right of receiving
them, states are able to deal more
directly and closely with each other in
the improvement of the mutual
interests.
AGENTS OF DIPLOMATIC INTERCOURSE
Diplomatic relations are normally
conducted through the head of state,
the foreign secretary or minister and
the members of the diplomatic service.
Head of state may also appoint special
diplomatic
agents
charged
with
specific ceremonial or political duties.
ENVOY CEREMONIAL Sent to attend state
functions like a coronation or a jubilee
ENVOY POLITICAL Commissioned to
negotiate with a particular state or to
participate in an international conference or
congress.
HEAD OF STATE
Represents the sovereignty of his state
He is entitled to certain immunities
and honours befitting his status
MIGHELL VS. SULTAN OF JOHORE Suit was
brought for breach of a promise to marry
allegedly made by the defendant we had

represented himself as a private individual.

The action was dismissed when he revealed
his real identity as head of an independent
state.
THE FOREIGN SECRETARY
Immediate representative of the head
of state and directly under his control.
He can make binding declarations on
behalf of his state on any matter
falling within his authority
The foreign secretary is also the head
of the foreign office and has direction
of
all
ambassadors
and
other
diplomatic representatives of his
government.
DIPLOMATIC ENVOYS
To whom the regular or day-to-day
conduct of international affairs is
entrusted.
Who are accredited by the sending
state as its permanent envoys to
represent it in the states with which it
is maintaining diplomatic relations
THE HEADS OF THESE DIPLOMATIC MISSIONS
ARE CLASSIFIED AS FOLLOWS BY THE
CONVENTION ON DIPLOMATIC RELATIONS,
WHICH WAS SIGNED AT VIENNA IN 1961:
1. Ambassadors
2. Envoys
3. Charges daffaires
DIPLOMATIC CORPS Body consisting of the
different diplomatic representatives who
have been accredited to the same local

receiving state. The diplomatic corps does

not possess any legal powers or attributes.
Functions of Diplomatic Missions:
1. Representing sending state in receiving
state
2. Protecting in receiving state interests of
sending state and its nationals
3. Negotiating with government of receiving
state
4. Promoting friendly relations between
sending and receiving states and developing
their economic, cultural and scientific
relations
5. Ascertaining by all lawful means
conditions and developments in receiving
state and reporting thereon to government
of sending state
6. In some cases, representing friendly
governments at their request
CONDUCT OF DIPLOMATIC MISSION

The diplomatic agent must exercise
the utmost discretion and tact, taking
care always to preserve the goodwill of
the sending state and to avoid
interference with its internal affairs.
His mission is also under no
circumstance to be used for espionage,
the dissemination of propaganda
against
the receiving state,
or
subversion of its government.
DIPLOMATIC IMMUNITIES AND PRIVILEGES
His privileges and immunities are
necessary to give the envoy the fullest

freedom or latitude in the exercise of

his official functions.
PERSONAL INVIOLABILITY
The envoy is regarded as sacrosanct
and is entitled to the special protection
of his person, honor and liberty.
DIPLOMATIC
CONVENTION:
The
person of a diplomatic agent shall be
inviolable. He shall not be liable to any
form of arrest or detention.
The
receiving state shall treat him with due
respect and shall take all appropriate
steps to prevent any attack on his
person, freedom or dignity
The envoy cannot complain if he is
injured because he himself caused the
initial aggression.
The local authorities may also, in
exceptional cases, lay hands on him if
he has committed an act of violence
and it is necessary to place him in
preventive restraint.
IMMUNITY FROM JURISDICTION

Diplomatic agent shall be immune
from
the
civil,
criminal
and
administrative jurisdiction of the
receiving state except in a few
specified cases.
HE SHALL ALSO ENJOY IMMUNITY FROM ITS
CIVIL AND ADMINISTRATIVE JURISDICTION,
EXCEPT IN THE CASE OF:
a. A real action relating to private
immovable property situated in the
territory of the receiving state, unless
he holds it on behalf of the sending
state for the purposes of the mission.

b. An action relating to succession in

which the diplomatic agent is involved
as executor, administrator, heir or
legatee as a private person and not on
behalf of the sending state.
c. An action relating to any professional
or commercial activity exercised by the
diplomatic agent in the receiving state
outside his official functions.
Immunity from jurisdiction may be
waived expressly by the sending state
WHO VS. AQUINO
Diplomatic immunity is essentially a political
question and courts should refuse to look
beyonda determination by the executive
branch of the government, and where the
plea of diplomaticimmunity is recognized
and affirmed by the executive branch of the
government as in thecase at bar, it is then
the duty of the courts to accept the claim of
immunity upon appropriatesuggestion by the
principal law officer of the government, the
Solicitor General in this case, or other officer
acting under his direction.
INVIOLABILITY OF DIPLOMATIC PREMISES
The premises of the mission shall be
inviolable. The agents of the receiving
state may not enter them except with
the consent of the head of mission.
INVIOLABILITY OF ARCHIVES
The receiving state has no right to pry
into the official papers and records of a
foreign diplomatic mission.

the archives and documents of the

mission shall be inviolable at any time
and wherever they may be
INVIOLABILITY OF COMMUNICATION
The receiving state shall permit and
protect free communication on the
part of the mission for all official
purposes. In communicating with the
government and other missions and
consulates of the sending state,
wherever situated, the mission may
employ
all
appropriate
means
including diplomatic couriers and
messages in code or cipher.
EXEMPTION FROM TESTIMONIAL DUTIES
A diplomatic agent is not obliged to
give evidence as a witness
He is not prohibited by international
law from doing so and may waive this
privilege when authorized by his
government.
The Dutch envoy to Washington
invoked this right 1856 when he
rejected a request to testify in
connection with a homicide committed
in his presence and for the prosecution
of which his testimony we necessary.
EXEMPTIONS FROM TAXATION
Also from social security requirements
under certain conditions.
Personal baggage is also free from
inspection unless there are serious
ground
THE DIPLOMATIC SUITE OR RETINUE

Immunities and privileges are available

not only to the head of mission and his
family but also to the other members
of the diplomatic retinue, albeit not in
the same degree.
DURATION
Every person entitled to diplomatic
privileges and immunities shall enjoy
them from the moment he enters the
territory of the receiving state on
proceeding to take up his post or, if
already there, from the moment his
appointment is notified to the foreign
ministry.
When his functions have to come to an
end, his privileges and immunities
shall normally cease from moment he
leaves the country or on expiry of a
reasonable time in which to do so, but
shall subsist until such time even in
case of armed conflict.
In the exercise of his official functions,
immunity shall continue indefinitely as
it is supposed to have attached to him
personally but to the state he was
representing
TERMINATION OF DIPLOMATIC MISSION
Usual methods of terminating official
relations: death, resignation, removal,
abolition of the office, etc. these are
governed by municipal law.
The more important modes are RECALL
and DISMISSAL

RECALL May demanded by the receiving

state when the foreign diplomat becomes
persona non grata to it for any person.
DISMISSAL The offending diplomat
simply asked to leave the country.
is
The outbreak of war between the

sending
and
receiving
states
terminates their diplomatic relations.
As for the change of the govt.,
diplomatic relations are not disturbed
if the change is peaceful but may be
suspended where it is effected by
means of violence
CHAPTER 13
CONSULS
*CONSULS state agents residing abroad for
various purposes but mainly in the interest
of COMMERCE and NAVIGATION
*Consuls are not charged with the duty of
representing their states in political matters
nor are they accredited to the state where
they are supposed to discharge their
functions
*consuls do not ordinarily enjoy all the
traditional
diplomatic
immunities
and
privileges although they are to a certain
extent entitled to special treatment under
the law of nations
Kinds and Grades
*CONSULES MISSI professional or career
consuls who are nationals of the appointing
state and are required to devote their full
time to the discharge of their consular duties
*CONSULES ELECTI may or may not be
nationals of the appointing state and

perform their consular functions only in

addition to their regular callings
Appointment
Consuls derive their authority from two
principal sources:
*LETTER PATENT / LETTRE DE
PROVISION commission issued by the
sending state
*EXEQUATUR authority given to them
by the receiving state to exercise their duties
therein
8consuls are public officers not only of the
sending state but of the receiving state as
well and are governed by the laws of both
*states may refuse to receive consuls and to
withhold the exequatur from them without
explanation
Functions
*commerce and navigation
*issuance of passports and visas
*duties of protection of nationals
*PRINCIPAL DUTY OF CONSULS: promote the
commercial interests of their country in the
receiving state and to observe the
commercial
trends
and
developments
therein for report to their home government
*also perform duties relating to navigation
visiting and inspecting vessels of their own
states which may be in the consular district;
exercising a measure of supervision over
such vessels; adjusting matters pertaining to
their internal order and discipline
Immunities and Privileges
*consuls
have
a
right
to
official
communication and may correspond with
their home government or other official
bodies by any means including cipher or
code without being subjected to censorship
or unreasonable restraint. However, this

right may be restricted whenever it is

exercised to the prejudice of the receiving
state
*Consuls enjoy the inviolability of their
archives, which may not be examined or
seized by the receiving state under any
circumstance, nor may their production or
testimony concerning them be compelled in
official proceedings. But this immunity does
not extend to the consular premises
themselves, where the legal process may be
served and arrests made without violation of
international law, except only in that part
where consular work is being performed
*consular offices may even be expropriated
for purposes of national defense or public
utility
*criminal offenses: consuls are exempt from
local jurisdiction for crimes committed by
them in the discharge of their official
functions. Other offenses: fully subject to
local law and may be arrested, prosecuted
and punished in proper proceedings
*consuls are not prosecuted form minor
offenses and, when arrested, are given
adequate opportunity to secure their release
on bail at the earliest possible time
* civil suits: instituted against consuls
personal or private capacity but not in
matters connected with their official duties
*consuls are generally exempted from
taxation, custom duties, service in the
militia, and social security rules and are
privileged to display their national flag and
insignia in the consulate although these
concessions are considered non-essential
to the proper discharge of their official duties
*these immunities and privileges are also
available to the members of the consular
post, their respective families, and the

private staff. Waiver may in general be made

by the sending state.
Termination of Consular Mission
*removal, resignation, death, expiration of
term
* the exequatur may also be withdrawn by
the receiving state, either of the appointing
or receiving state may be extinguished or
war may break out between them.
* in the event of war, the consulate is closed
and the archives are sealed and left in the
custody of a caretaker usually a consul from
a neutral state.
* the consul from the belligerent state is
allowed to depart for his own country as
soon as possible and without unnecessary
molestation
CHAPTER 14
TREATIES
TREATY formal agreement, usually but not
necessarily in writing, which is entered into
by states or entities possessing the treatymaking capacity for the purpose of
regulating their mutual relations under the
law of nations.
*an executive agreement is NOT a treaty
Functions of Treaties
1 Treaties enable parties to settle finally
actual and potential conflicts
2 Treaties make possible for the parties
to modify the rules of international
customary law by means of optional
principle or standards
3 They may lead to a transformation of
unorganized international society into
one which may be organized on any
chosen level of social integration
4 They provide
the humus for the
growth of international customary law

Essential Requisites of a Valid Treaty

1 Entered into by parties with the treatymaking capacity
2 Through
their
authorized
representatives
3 Without the attendance of duress,
fraud, mistake, or other vice of consent
4 On any lawful subject-matter
5 In accordance with their respective
constitutional processes
Treaty-making process
NEGOTIATION, SIGNATURE, RATIFICATION,
AND EXCHANGE OF THE INSTRUMENTS OF
RATIFICATION
NEGOTIATION one of the parties to
submit a draft of the proposed treaty which,
together
with
the
counter-proposals,
becomes the basis of the subsequent
negotiations.
*undertaken directly by the head of
the state or assigns this task to his
authorized representatives
*if and when the negotiators finally decide
on the terms of the treaty, the same is
opened for SIGNATURE.
*signature means of authenticating
the instrument and for the purpose of
symbolizing the good faith of the parties; but
it does not indicate the final consent of the
state
*the document is ordinarily signed in
accordance with the alternat, that is, each of
the several negotiators is allowed to sign
first on the copy which he will bring home to
his own state
RATIFICATION formal act by which a state
confirms and accepts the provisions of a
treaty concluded by its representatives.
*Purpose; enable the contracting
states to examine the treaty more closely
and to give them an opportunity to refuse to

be bound by it should they find it inimical to

their interests
*EXCHANGE OF THE INSTRUMENTS OF
RATIFICATION signifies the effectivity of
the treaty unless a different date has been
agreed upon by the parties
Binding Effect of Treaties
*A treaty is binding only on the contracting
parties, including not only the original
signatories but also other states which,
although they may not have participated in
the negotiation of the agreement, have been
allowed by the terms to sign it later by a
process known as ACCESSION
*Instances when 3rd states may be validly
held to the observance of or benefit from the
provisions of a treaty.
* treaty may be merely a formal
expression of customary international law
which is enforceable on all civilized states
because of their membership in the family of
nations
* for the maintenance of international
peace and security
* parties to apparently unrelated
treaties may also be linked by the mostfavored-nation clause, under which a
contracting state entitled to most-favorednation treatment from the other may claim
the benefits extended by the latter to
another state in a separate agreement
Observance of Treaties
*Fundamental rules of international law is
PACTA SUNT SERVANDA, which requires the
performance in good faith of treaty
obligations
*parties
must
comply
with
their
commitments under a treaty and cannot
ignore or modify its provisions without the
consent of the other signatories

* a treaty engagement is not a mere moral

obligation but creates a legally binding
obligation
* treaties really limit of restrict the
absoluteness of sovereignty. By their
voluntary act, nations may surrender some
aspects of their state powers in exchange for
greater benefits granted by or derived from
a convention or pact
* the sovereignty of a state therefore cannot
in fact and in reality be considered absolute
* restrictions:
1. limitations imposed by the very
nature of membership in the family of
nations
2. limitations imposed by treaty
stipulations
* DOCTRINE OF REBUS SIC STANTIBUS
constitutes an attempt to formulate a legal
principle
which
would
justify
non
performance of a treaty obligation if the
conditions with relation to which the parties
contracted have changed so materially and
so unexpectedly as to create a situation in
which the exaction of performance would be
unreasonable.
*Limitations:
1. applies only to treaties of indefinite
duration
2. the vital change must have been
unforeseen or unforeseeable and should not
have been caused by the party invoking the
doctrine
3. the doctrine must be invoked within
a reasonable time
4. it cannot operate retroactively upon
the provisions of the treaty already executed
prior to the change of circumstances
Treaty Interpretation
*The basic rule in the interpretation of
treaties is to give effect to the intention of
the parties. This should be discoverable in
the terms of the treaty itself

*the usual canons of statutory construction

are employed in the interpretation of treaties
* read in the light of the whole
instrument and especially for the purposes
of the treaty
* words used are given their natural
meaning unless a technical sense was
intended, and
* when they have different meanings
in the contracting states, should be
interpreted in accordance with the usage of
the state where they are supposed to take
effect
* doubts should be resolved against
the imposition of obligations and in favor of
the of the freedom and sovereignty of the
contracting parties
* conflicts in treaty interpretations be
resolved only by agreement of the parties
Termination of Treaties
1 Expiration of the term
2 Accomplishment of the purpose
3 Impossibility of performance
4 Loss of the subject-matter
5 Desistance of the parties
6 Novation
7 Extinction of one of the parties if the
treaty is bipartite
8 Vital change of the circumstances
under the doctrine of rebus sic
stantibus
9 Outbreak of war between the parties
10 Voidance of the treaty because of
defects in its conclusion
CHAPTER 15
NATIONALITY AND STATELESSNESS
* individual is merely an object and not a
subject of international law and is thus not
directly governed by its rules
* NATIONALITY tie that binds an individual
to his state, from which he can claim

protection and whose laws he is obliged to

obey. Nationality is membership in a political
community with all its concomitant rights
and obligations
* CITIZENSHIP applies only to certain
members of the state accorded more
privileges than the rest of the people who
also owe it allegiance
* SUBJECT particular reference to the
nationals of monarchical regimes
Acquisition of naturality
* By BIRTH or By NATURALIZATION
* an individual acquires the nationality of the
state where he is born (jus soli) or the
nationality of his parents (jure sanguinis)
* NATURALIZATION process by which a
foreigner
acquires,
voluntarily
or
by
operation of law, the nationality of another
state
*DIRECT NATURALIZATION:
a. by individual proceedings, usually
judicial under general naturalization laws
b. by special act of the legislature
c. by collective change of nationality
as a result of cession or subjugation
d. adoption of orphan minors as
nationals of the state where they are born
* DERIVATIVE NATURALIZATION:
a. on the wife of the naturalized
husband
b. on the minor children of the
naturalized parent
c. on the alien woman upon marriage
to a national
* on our own laws, an alien woman married
to a Filipino shall acquire his citizenship only
if she herself might be lawfully naturalized
Multiple Nationality
* DOCTRINE OF INDELIBLE ALLEGIANCE an
individual may be compelled to retain his
original nationality notwithstanding that he
has already renounced or forfeited it under

the laws of a second state whose nationality

he has acquired
* a state may allow any of its nationals to
remain as such even if he may have
acquired another nationality as where he is
conferred an honorary citizenship by a
foreign government
Loss of Nationality
* voluntary methods renunciation, express
or implied, and request for release, both of
which usually precede the acquisition of a
new nationality
* involuntary methods forfeiture as a result
of some disqualification or prohibited act lie
enlistment in a foreign army or long
continued residence in a foreign state, and
substitution of one nationality for another
following a change of sovereignty
Statelessness
* statelessness is the condition or status of
an individual who is born without any
nationality or who loses his nationality
without retaining or acquiring another
* individual is powerless to assert any right
that otherwise would be available to him
under international law.
* Any injury to the individual by a foreign
jurisdiction is not a violation of his own right
but of the right of the state to the protection
of its nationals; the right to complain belongs
not to him but to the state of which he is a
national.
CHAPTER 16
TREATMENT OF ALIENS
* every state has the right, as inherent in
sovereignty and essential to its own security
and existence, to determine in what cases

and under what conditions foreigners may

be admitted to its territory
* once it decides to accept them, its
competence as territorial soveriegn as
limited by the requirement that they be
treated justly, in accordance with the law of
nations
* the alien canot as a rule claim a preferred
position vis-a-vis the national of the state
where he is at best only a guest
* the foreigner may not enjoy the right to
vote, to run for public office, to exploit
natural resources or to engage in certain
businesses regarded as vital to the interests
of the local state
* the foreigner must accept the institutions
of the local state
* state is not an insurerof the life or property
of the alien, whe he is within its territory
* the foreigner is expected to take the
customary precautions for the protection of
his own rights and to avail himself of the
usual remedies when these rights are
violated
THE DOCTRINE OF STATE

RESPONSIBILITY
* instances when an alien can claim a more
favored position than the national of the
local state and hold the state liable for
injuries committed against him while within
its territory

* a state may be held responsible for:

a. international deliquency
b. directly or indirectly imputable to it
c. which causes injury to the natonal of
another state
* liabilty will attach to the state where its
treatment
of
alien
falls
below
the
international standard of justice or wgere it
remiss in according him the protection or
redress
that
is
warranted
by
the
circumstances
* FUNCTION: assure the traveler that when
his rights are violated in a foreign state, he
will not be denied any remedy simply
because he is not one of its nationals
* encourage more intercourse among
the peoples of the world through intervisitation of their respective countries
THE INTERNATIONAL STANDARD OF

JUSTICE
* Standard of th reasonable state, that is, as
referring to the ordinary normsof official
conduct observed in civilized jurisdictions.
* DOCTRINE OF EQUALITY OF TREATMENT
where the laws of state fall below the
international standard of justice, it is no
defense that they are applicable not inly to
aliens but as well, and equally, to the
nationals of that state. The relations of that
state with ots own nationals are purely

municipal; international law is involved in its

relations with the nationals of other states.
FAILURE OF PROTECTION OR REDRESS
* state may be held liable if it does not make
reasonable efforts to prevent injury to the
alien or, having done so unsuccesfully, fails
to repair such injury.
* degree of diligence required
* responsibility does not immediately attach
to the state upon a showing of a failure to
prevent or redress an injury to aliens
* distinction must be made between direct
and inirect state responsibility
a. where the imternational delinquency
was committed by superior government
officials or organs, liability will attach
immediately as their acts may not be
effectively prevented or reversed under the
constitution and laws of the state
b. where the offense is committed by
inferior government officials or, more so, by
private individuals, the state will be held
liable only if, by reason of its indifferencein
preventing or pushing it, it can be
considered to have conived in effect in its
commission
EXHAUSTION OF LOCAL REMEDIES

* the liability of the state for an international
delinquency, its enforcemnet cannot be
claimed by the injured foreigner unless, he

first exhausts all available local remedies for

the protection or vindication of his rights
* state must be given an opportunity to do
justice in its own regular way and without
unwarranted
interference
with
its
sovereignty by other states
* this requirement may be dispensed with,
however, if there are no remedies to
exhaust, as where the laws are intrinsically
defective or there is laxity or arbitrariness in
their enforcement or where the courts are
corrupt or where there is no adeqaute
machinery for the administration of justice
* there would be NO remedy available from
acts of state which are not subject to
judicial review
RESORT TO DIPLOMATIC PROTECTION
* if the injured foreigner has exhausted all
the local remedies but without success, he
may then avail himself of the assistance of
his states but only if he has a state.
Otherwise, he will have no party to represent
him, and he by himself, being a mere
individual, cannot institute his claim in his
own name.
* any injury to an alien is a violation not of
his own personal rght but of the right of his
state to hacve its nationals protected but of
the right of his state to have its nationals
protected whenever they are in a foreign
country
* where the injured alien is stateless, his
case will be one of DANNUM ABSQUE INJURIA

and cannot
protection
be
subject
of
diplomatic
* tie of nationality required to exist from

the time of the injury until the time the
international claim is finally settled. Once the
tie is broken, the claim itselfis deemed
automatically abated. If, the injured national
dies while the claim is under consideration
and it should happen that his hers are not
nationals of the claimant state, the claim will
lapse
ENFORCEMENT OF CLAIM
* an international claim for damages may be
resolved through negotiation or, if this fails,
any of the other methods of settling disputes
* in the event that the responsibility of the
state is established or acknowledged, the
duty to make reaparation will arise. Such
reparation
may
take
the
form
of
RESTITUTION
or
SATISFACTION
or
COMPENSATION.
AVOIDANCE OF STATE RESPONSIBILITY
* to avoid the intervention of the alien's
state in contracts, the local state sometimes
incorporates therein what is known as the
CALVO CLAUSE
* Calvo Clause stipulation by which
the alien waives or restricts his right to
appeal to his own state in connection with
any claim arising from the contract and
agrees to limit himself to the remedies
available under the laws of the local state.

* calvo clause may be enforced as a

lawful condition of the contract. However,
may not be interpreted to deprive the alien's
state of the right to protect or vindicate his
interests in case they are injured in another
state as such waiver can legally be made not
by him but by his own state
EXCLUSION OF ALIENS
* the state may also avoid liability to aliens
by refusing their admission, but this is not
regarded as sound policy since it would
provoke retaliation in kind and ultimately
isolate its nationals from the rest of the
international community
* DEPORTATION: the removal of an
alien out of the country, simply because his
presence is deemed inconsistent with the
public welfare and without any punishment
being imposed or contemplated, either
under the laws of the country out of which
he is sent, or under those of the country to
which he is taken
* EXCLUSION: denial of entry to an
alien
DEPORTATION
EXTRADITION
Unilateral act if the Effected

at
the
local state
request of the state
of origin
Based on causes Based on offenses
arising in the local generally
state
committed in the
state of origin
Undesirable
alien Calls for the return
may be deported to of the fugitive to

a state other than the state of origin

his own or the
state of origin
Basis of Extradition
* The extradition of a person is required only
if there is a treaty between the state of
refuge and the state of origin
* in the absence of a treaty local state has
every right to grant asylum to the fugitive
and to refuse to deliver him back to the
latter state even if he is a national
Fundamental Principles of Extradtition

1. extradition is based on the consent of the
state of asylum
2. Principle of specialty a fugitive who is
extradited may be tried only for the crime
specified in the request for extradition and
included in the list of offenses in the
extradition treaty
3. any person may be extradited
4. political and religious offenders
generally not subject to extradition
are
5. in the absence of a special agreement, the

offense must have been committed within
the territory or against the interests of the
demanding state
6. Rule of double criminality - the act for
which the extradition is sought must be

punishable in both the requesting

requested states
and
Procedure of Extradition
* if the surrender of a fugitive is sought, a
request for his extradition is presented
through diplomatic channels to the state of
refuge
* this request will be accompanied by the
necessary papers relative to the identity of
the wanted person and the crime he is
alleged to have committed or of which he
has already been convicted
* upon receipt of request, the state of refuge
will conduct a judicial investigation to
ascertain if the crime is covered by the
extradition treaty and if there is a prima
facie case against the fugitive according to
its own laws
CHAPTER 17
SETTLEMENT OF INTERNATIONAL
DISPUTES
* DISPUTE exists when one state claims

that another state should have behave in a
certain manner and that claim is rejected by
the latter
* actual disagreement between states
regarding the conduct to be taken by one of
them for the protection or vindication of the
interests of the other
* SITUATION initial stage of a dispute

* Dispute is LEGAL involves a justiciable

rights based on law or fact susceptible of
adjudication by a judicial or arbitral tribunal.
* Dispute is POLITICAL if it cannot be
decided by legal processes on the basis of
the substantive rules of international law
because the differences of the parties spring
from animosities in their mutual attitudes
rather than from an antagonism of legal
rights
* the solution to such a disputes lies not in
the councils of the courts but in the corridors
of diplomacy
Methods of settling disputes
*disputes are required to be settled,
conformably to one of the basic principle of
the UN, by peaceful means in such a
manner that international peace and
security, and justice are not endangered
Amicable Methods
1. Negotiation generally the first step taken
in the settlement of an international dispute
is the discussion undertaken by the parties
themselves of their respective claims and
counterclaims with a view to their just and
orderly adjustment.
* where the talks prosper and
agreement is reached, it is usually
formalized in a treaty or more directly
effected through the rectification of the
injury caused to the claimant state
2. Inquiry investigation of the points in
question, on the theory that their education

will contribute to the solution

differences between the parties.
of
the
3. Good Offices method by which a third

party attempts to bring the disputing states
together in order to enable them to discuss
the issues in contention and arrive at an
agreement
4. Mediation third party does not merely
provide the opportunity for the antagonists
to negotiate but also actively participates in
their discussions in order to reconcile their
conflicting claims and appease their feelings
of resentment
5. Conciliation active participation of a
third party in the attempt of the disputants
to
settle
their
conflict,
and
the
recommendations made by it are likewise
not binding.
6. Arbitration solution of a dispute by an
impartial third party, usually a tribunal
created by the parties themselves under a
charter known as the COMPROMIS
7. Judicial Settlement the nature of its
proceedings and the binding character of the
decisions but also in the fact that the
disputes submitted for adjudication are legal
rather than political
ARBITRATION
JUDICIAL
SETTLEMENT
Arbitral tribunal is Judicial tribunal is a

an ad hoc body pre-existing
and
created and filled permanent body

by the parties to
the
dispute
themselves
Submission
arbitration
voluntary
to Jurisdiction
is compulsary
Arbitration
proceedings
limited
The law applied by

- the
tribunal
in
judicial settlement
is independent of
the will of the
parties
* the jurisdiction of the court is not

compulsory
but
dependent
on
the
agreement of the parties to submit to and be
bound by its decisions. Such consent may be
manifested in a treaty containing what is
called the compromissary clause
8. ACTION BY REGIONAL ORGANIZATIONS
resorted to by the parties at their own
volition or taken by the body itself at its own
instance if allowed by agreement of the
members
Hostile Methods
1. INTERVENTION
2. RETORSIONS retaliation where the acts
complained of do not constitute a legal
ground of offense but are rather in the
nature of unfriendly acts but indirectly
hurtful to other states
3. REPRISALS act of self-help on the part of
the injured state, responding after an

unsatisfied demand to act contrary to

international law on the part of the offending
state
*they aim to impose on the offending
state reparation for the offense or the return
to legality in avoidance of new offenses
*Common forms of reprisals
1. display of force
2. occupation of territory
3. pacific blockade
The United Nations

* United nations may be asked or may
decide on its own authority to take a hand in
its settlement.
* the security council
shall have the
jurisdiction to intervene in;
a. all disputes affecting international
peace and security
b. all disputes which, have been
submitted to it by the parties for settlement
* such disputes may be brought to it by:
a. the security council, on its own
motion
b. the general assembly
c. any member of the united nations
d. the secretary general

e. any party to the dispute, provided

that in the case of non-members of the UN,
they should accept in advance, for the
purposes of the dispute, the obligations of
pacific settlement under the Charter
The Security Council may recommend
appropriate measures or methods of
adjustment, taking into consideration:
a. Any amicable measures already
adopted by the parties
b. That legal disputes should as a rule
be referred to the International
Court of Justice
*Where the terms of settlement are rejected
by the parties, the Security Council is
empowered to take more drastic steps
a. PREVENTIVE ACTION it may adopt
such measures not involving the use of
armed force
b. ENFORCEMENT ACTION
CHAPTER 18
WAR
*WAR armed contention between the
public forces of states or other belligerent
communities, implying the employment of
violence among the parties as a means of
enforcing their respective demands upon
each other
* War may exist even without the use of
force
Outlawry of war

* war was originally accepted as a legitimate

means of a compulsion, that it was a
reaction to an international delict
* in only 2 instances is the use of force
allowed:
1. exercise of the inherent right of selfdefense
2. enforcement action
How are the agreements enforced?

*the commonly accepted sanctions are:
a. protest lodged by one belligerent, usually
accompanied or followed by an appeal
b reparation for damages is cause by the
defeated belligerent
c. punishment of war criminals
Commencement of war
* War is supposed to commence on the date
specified in the declaration or on the date it
is communicated to the enemy
* formality is often not observed as
evidenced by the number of wars that have
broken out without the previous and explicit
warning required
* commence from the moment of the first
act of force committed by one state with the
intent of making war or committed without
such intent but considered by the other state
as constituting war

Effects of the Outbreak of War

1. the laws of peace cease to regulate the
relations of the belligerent and are
superseded by the laws of war
2. diplomatic and consular relations between
the belligerents are terminated and their
respective representatives are allowed to
return to their own countries
3. treaties of a political nature are
automatically cancelled, but those which are
precisely intended to operate during war are
activated
4. individuals are impressed with enemy
character
a. nationality test if they are
nationals of the other belligerent wherever
they may be
b. domiciliary test if they are
domiciled aliens in the territory of the other
belligerent, on the assumption that they
contribute to its economic resources
c. activities test if being foreigners
they are nevertheless participate in the
hostilities in favour of the other belligerent
*corporations and other juridical persons are
regarded as enemies if a majority or a
substantial portion of their capital stock is in
the hands of enemy national or if they have
incorporated in the territory or uner the laws
of the other belligerent

5. enemy public property found in the

territory of the other belligerent at the
outbreak of hostilities is subject to
confiscation
Combatants and non-combatants

*Combatants those who engage directly in
the hostilities; may lawfully wage war and
are thus subject to direct attack from the
enemy
*Non-Combatants those who do not
engage directly in the hostilities; should not
be subjected to attack as they are not
supposed to participate in the actual fighting
* The following are regarded as combatants:
1. members of the armed forces
2. irregular forces
a. they are commanded by a person
responsible for his subordinates
b. they wear a fixed and distinctive
sign recognizable at a distance
c. they carry arms openly
d. they conduct their operations in
accordance with laws and customs of war
3. levee en masse the inhabitants of
unoccupied territory who, on the approach of
the enemy, spontaneously take arms to
resist the invading troops without having had
time to organize themselves

4. officers and crew of merchant vessels who

forcibly resist attack
Conduct of Hostilities
* three basic principles underlie the rule of
warfare
1. principle of military necessity
employ any amount and kind of force to
compel the complete submission of the
enemy with the least possible loss of lives,
time and money
2. principle of humanity use of any
measure that is not absolutely necessary for
the purposes of war
3. principle of chivalry those that
require the belligerents to give proper
warning before launching a bombardment or
prohibit the use of perfidy in the conduct of
the hostilities
* an individual can only be considered a spy
if, acting clandestinely or under false
pretenses, he obtains or seeks to obtain
information in the zone of operations if a
belligerent
*spies are subject to the municipal law of the
other belligerent
* a spy taken in the act cannot be punished
without previous trial
Kinds of Warfare

* warfare may be waged on LAND or SEA or

in the AIR, separately or simultaneously
* most of the rules on aerial warfare have
become obsolete and need to be revised to
make them conform to present realities
* as for naval warfare, the most serious
difficulties lie in th disagreement among
states as to whether armed merchant
vessels are subject to direct attack
*one important rule is that booty or
personal property found in the battlefield is
subject to confiscation by the belligerent
occupation except only the personal
belongings of the individual combatants
which have no military value.
THEATRE OF WAR: place where the hostilities
are actually conducted
REGION OF WAR: greater area where the
belligerents may lawfully engage each other
Belligerent Occupation
* territory is deemed occupied when it is
actually placed under the authority of the
hostile army, but this occupation is limited
only to the area where such authority has
been established and can be effectively
exercised. It is not necessary that every
square foot of the territory in question be
actually occupied
* Belligerent occupation does not result in
transfer or suspension of the sovereignty of
the legitimate government although it may
at the moment be unable to exercise it. The

belligerent occupant cannot perform such

acts as declaring the independence of the
occupied territory or requiring its inhabitants
to renounce their allegiance to the lawful
government
* the belligerent is required to restore and
ensure public order and safety while
respecting, unless absolutely prevented, the
laws in force in the country.
* the belligerent occupant may promulgate
new laws, non-political as well as political,
provided they do not contravene the general
accepted principles of international law. The
political laws are automatically abrogated
upon the end of the occupation but the nonpolitical laws may continue even beyond the
occupation unless they are expressly
repealed or modified by the legitimate
government
* it is permitted for the belligerent occupant
to introduce military currency, provided the
purpose is not to debase the countrys
economy
* private property cannot be confiscated, but
those susceptible of military use may be
seized,
subject
to
restoration
or
compensation when peace is made
* the property of municipalities and of
institutions dedicated to religion, charity and
education, and the arts and sciences, even
when state owned, shall be treated as
private property and their destruction is
expressly forbidden
* the army of occupation can only take
possession of cash, funds and realizable

securities which are strictly the property of

the state, depots of arms, means of
transport, stores and supplies, and generally
movable property belonging to the state
which may be used for military operations
*the occupying state shall be regarded only
as administrator and usufructuary of public
buildings, real estate, forest, agricultural
estates belonging to the hostile state and
situated in the occupied territory
Postliminium
* persons or things taken by the enemy are
restored to the former state on coming
actually into the power of the nation to
which they belong
* JUS POSTLIMINIUM reinstatement of the
authority of the displaced government once
control of the enemy is lost over the territory
affected
* upon the end of a belligerent occupation,
the laws of the re-established government
are revived and all acts taken by the
belligerent occupant which it could not
legally do under the law of nations, as well
as lawful acts of a political complexion, are
invalidated
Non-Hostile Intercourse
FLAG OF TRUCE white flag carried by an
individual authorized by one belligerent to
enter into communication with the other

CARTELS
agreements
to
regulate
intercourse during war on matters as postal
and telegraphic communication
PASSPORT written permission given by
the belligerent government or its authorized
agent subjects of the enemy state to travel
generally in belligerent territory
SAFE-CONDUCT pass given to an enemy
subject or to an enemy vessel allowing
passage between defined points
SAFEGUARD protection granted by a
commanding officer either to enemy persons
or property within his command
LICENSE OF TRADE permission given by
the competent authority to individuals to
carry on trade even though there is a state
of war
Suspension of Hostilities
* SUSPENSION OF ARMS temporary
cessation of the hostilities by arrangement of
the local commanders for such purposes as
the gathering of the wounded and the burial
of the dead.
* ARMISTICE suspension of all hostilities
within a certain area or in the entire region
of war agreed upon by the belligerent
governments usually for the purpose of
arranging the terms of the peace
ARMISTICE
Purpose: political
SUSPENSION OF
ARMS
Purpose: military

May be concluded May

be
agreed
by
the upon by the local
commanders-incommanders
chief
Usually in writing
May be oral
* CEASEFIRE unconditional stoppage of

hostilities by order of an international body
* TRUCE regarded as ceasefire with
conditions attached
* CAPITULATION surrender of military
forces, places or districts in accordance with
the rules of military honor
Termination of war
1. cessation of hostilities
2. conclusion of a negotiated treaty of peace
3. defeat of one of the belligerents followed
by a dictated treaty of peace
* Principle of utipossidetis property or
territory in the possession of the respective
belligerents upon the termination of the war
is retained by them
* Status quo ante calls for the complete
restoration to their former owners of
property or territory that may have changed
hands during the hostilities, with the
exception only of prize and booty
* war is supposed to end with the reestablishment of peace but the precise date

is not easily fixed in view of the different

methods of terminating the state of
hostilities
Aftermath of War
*one of the inevitable consequences of war s
the implied judgment, right or wrong, that
the vanquished belligerent is the guilty party
in the dispute that caused the hostilities.
* treaty of peace imposed by the victor upon
the defeated state is regarded as a
punishment as is sustained on the ground
although marked by the vice of duress that
normally would invalidate other agreements
*nationals of the vanquished state may be
protected and punished as war criminals and
for other violations of international law. They
may not escape responsibility on the ground
that they were merely acting on orders of
their state
CHAPTER 19
NEUTRALITY
* A state is said to be neutral if it does not
take part, directly or indirectly, in a war
between other states.
Neutrality and Neutralization

* neutrality dependent solely on the
attitude of the neutral state, which is free to

join any of the belligerents any time it sees

fit
* governed by the law of nations
*obtains only during war
* neutralization result of a treaty wherein
the duration and the other conditions of the
neutralization are agreed upon by the
neutralized state and other powers
* this agreement governs the conduct
of signatories
* intended to operate in time of peace
as well as in time of war
*Only states may become neutral
portions of states may be neutralized
but
Laws of Neutrality
a. Relations of the belligerent states with
the neutral state
b. Relations of the belligerent states with
the nationals of the neutral state
Relations of belligerent
Neutral States
States
and
* a neutral state has the right and duty to

abstain from taking part in the hostilities and
from giving assistance to either belligerent;
prevent its territory and other resources from
being used in the conduct of hostilities by
the belligerents, and to acquiesce in certain
restrictions
and
limitations
that
the
belligerent may find necessary to impose,

especially in connection with international

commerce
* belligerents are bound to respect the
status of the neutral state
Use of Neutral Territories

* neutral territory is inviolable and cannot be
used by the belligerents for the movement of
troops and the undertaking of military
operations in general
* use of neutral territory is not completely
barred to the belligerents (example: passage
of sick and wounded troops)
* neutral state may give refuge to troops
from the belligerent forces
* escaped prisoners of war need not be
detained by the neutral state but must be
assigned a place of residence if they are
allowed to remain
*warships may not enter neutral ports,
roadsteads and harbours except only in
cases of unseaworthiness. The usual
duration of the sojourn is 24 hours but this
may be shortened or extended, depending
on the reason for the entry. Thus, the vessel
must leave as soon as it has been reprovisioned
*General rule: repairs in their territory of
damage sustained by a warship in battle
permitted so long as they are not intended
to increase the fighting force of the vessel.

*not more than 3 vessels from any

belligerent shall be allowed simultaneously
in the same neutral port or waters
* territorial waters of a neutral state must
never be used as asylum for belligerent
vessels under pursuit or attack by the enemy
* passage of military aircraft belonging to
the belligerents is not allowed across the
airspace of a neutral state.
*where a belligerent aircraft is forced to land
on neutral territory, the same should be
detained and its officers and crew interned
Use of Neutral Facilities and Services

* it is prohibited from giving belligerents any
form of direct assistance in connection with
the conduct of hostilities.
* neutral state may not send military
contingents, extend loans or even sell for
valuable consideration, supplies of war to
either or both of the belligerents
* neutral state is not obliged to prevent the
export from or transit through its territory of
war supplies purchased from private traders
by the belligerents in the ordinary course of
commerce, it is required to take reasonable
diligence in preventing the delivery of
vessels constructed and armed in its
territory for use by any of the belligerents
Relations of Belligerent States
Nationals of Neutral states
with

* neutral states enact legislation to avoid

their involvement in foreign wars as a results
of the acts of their nationals
* neutral states are free to allow their
nationals to deal, in their private capacity,
with any of the belligerents
* international law considers the relationship
as strictly between the individual and the
belligerent states and whatever hardships
may be suffered by its nationals as a result
thereof must, as a rule, be acquiesced in by
the neutral state
Visit and Search

* belligerent warships and aircraft have the
right to visit and search neutral merchant
vessels on the high seas for the purpose of
determining whether they are in any way
connected with the hostilities
* the vessels may be captured as prize if
they are engaged in hostile activities, if they
resist to visit and search, or if there is
reasonable suspicion that they are liable to
confiscation
* the cargo of these vessels may also be
captured under certain conditions, as when
they are contraband
*Prize is not confiscated summarily but must
be brought to a prize court for adjudication
*PRIZE COURT is a tribunal
established by a belligerent under its own
laws, and applies rules of international law in
the absence of special municipal legislation.

Contraband
* contraband term applied to goods which,
although neutral property, may be seized by
a belligerent because they are useful for war
and are bound for a hostile destination
* ABSOLUTE CONTRABAND necessarily
useful for war under all circumstances
* subject to seizure so long as they are
bound for enemy or enemy-held territory
* CONDITIONAL CONTRABAND both civilian
and military purposes
*may be seized only when it can be
shown that they are destined for the armed
forces or the authorities of the belligerent
government
* FREE LIST includes goods useful for war
and bound for the belligerents but exempted
from the law on contraband for humanitarian
reasons
* DOCTRINE OF ULTIMATE CONSUMPTION
goods intended for civilian use which may
ultimately find their way to and be
consumed by the belligerent forces are also
liable to seizure
* contraband are subject to condemnation
* DOCTRINE OF INFECTION if they are
shipped together with innocent goods
belonging to the same owner; the latter may
also be confiscated
* contraband are liable to capture from the
time they leave the port in which they are

loaded and until they reach their final hostile

destination
* DOCTRINE OF ULTIMATE DESTINATION
liability of the contraband to capture is
determined not by their ostensible but by
their real destination
* even if the vessel intends to stop at
an intermediate neutral port, it will still be
considered as in one continuous voyage
provided it can be shown that its cargo will
ultimately be delivered to a hostile
destination
* DOCTRINE OF CONTINUOUS VOYAGE
when the goods are reloaded at the
intermediate port on the same vessel
* DOCTRINE OF CONTINUOUS TRANSPORT
when they are reloaded on another vessel or
other form of transportation
Blockade
*Blockade hostile operation by means of
which the vessels and aircraft of one
belligerent prevent all other vessels,
including those of neutral states, from
entering or leaving the ports or coasts of
other belligerent, the purpose being to shut
off the place from international commerce
and communication with other states
*Pacific blockade applies only to the
vessels of blockaded state and does not
affect the vessels of other states
*Requisites of blockade:
a. binding duly communicated to the
neutral states

b. effective it is maintained by adequate

force so as to make ingress to or egress from
the port dangerous
c. established by the proper authorities of
the belligerent government
d. limited only to the territory of the enemy
and not extended to neutral places or
international rivers
e. impartially applied to all states alike
* the liability of a neutral vessel to capture
for breach of blockade is contingent on its
knowledge, actual or presumptive of the
blockade and continues as long as it is
pursued by the ships of the blockading force
after it has left or tried to enter the
blockaded port
Unneutral Service
* consists of acts, of a more hostile character
than carriage of contraband or breach of
blockade, which are undertaken by merchant
vessels of a neutral state in aid of any of the
belligerents
* a neutral vessel is liable to condemnation
for unneutral service:
1. if it is making a voyage special with a view
to the transport of individual passengers who
are embodied in the armed forces of the
enemy or with a view to the transmission of
information in the interest of the enemy; OR
2. if with the knowledge of the owner, or the
one who charters the entire vessel, it is

transporting military detachment of enemy

or one or more persons who, during the
voyage, lend direct assistance to the
operations of the enemy
* a neutral vessel is also liable to
condemnation and to be treated as a
merchant vessel of the enemy:
1. takes a direct part in the hostilities
2. if it is under the orders or control of an
agent placed on board by the enemy
government
3. chartered
government
entirely
by
the
enemy
4. if it is at the same time and exclusively

either devoted to the transport if enemy
troops or the transmission of information
Angary
* by the right of angary a belligerent may,
upon payment of just compensation, seize,
use or destroy, in case of urgent necessity
for purposes of offenses or defense, neutral
property found in its territory, in enemy
territory, or on the high seas
* THREE REQUISITES
1. that the property is under the control or
jurisdiction of the belligerent
2. thet there is urgent necessity for the
taking
3. that just compensation is paid to the
owner

Termination of Neutrality
1. when the neutral state joins the war
* neutral state will be governed by the
laws of war in its relations with the other
belligerents and by the laws of neutrality in
its relations with all other states
2. upon conclusion of peace
*all states will again be governed by
the laws of peace

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PUBLIC INTERNATIONAL LAW (CRUZ) |2014

BETIA| MENOR |REAMICO

PUBLIC INTERNATIONAL LAW

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PUBLIC INTERNATIONAL LAW (CRUZ) |2014

policy and the conduct of foreign

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majority of states because they

the body of juridical entities which are

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rights and be held directly responsible under

A group of people living together in a

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a. Simple States- one which is

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4. Personal union- comes into

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independent subject to the retention

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territories taken from the defeated powers

Created by agreement among states

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purposes are mainly non-political and that

Is a lengthy document consisting of

When they have been adopted by the

PUBLIC INTERNATIONAL LAW (CRUZ) |2014

THE PREAMBLE OF THE CHARTER

introduces the charter and sets the

PRINCIPAL PURPOSES OF U.N.

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4. To be a center for harmonizing the

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7. Nothing contained in the present

PUBLIC INTERNATIONAL LAW (CRUZ) |2014

PUBLIC INTERNATIONAL LAW (CRUZ) |2014

PUBLIC INTERNATIONAL LAW (CRUZ) |2014

recommending measure for the

The non-permanent members are NOT

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feeling that they were the states that

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and the participation of states parties

3. Economic and social council

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Each member has one vote and