PUBLIC INTERNATIONAL LAW Code of Chivalry​: Moral code of warfare

Definition​: ​the body of rules and principles among knights, and the human treatment of
that are recognized as legally binding and non-combatants.
which govern the relation of states and other Articles of War​: Rules for the conduct of
invested with international legal personality. war.
Function​: ​legal basis for the orderly The Code of Bushido​: “Humanity in war”
management of international relations principle; Japanese medieval code of honor
Modern Relevance ​- historical bases are the
History roots of modern international law on the
Most developed by the Roman empire. conduct of hostilities and recognition of
- Ambassadorial mission, rights and human rights.
privileges, treaty procedures and
ambassadorial immunities Basis of PIL - 3 School of Thought
Jus Gentium​: Law of nations; originally 1. Naturalist - ​PIL is a branch of the
part of the Roman civil law applicable to the great law of nature; it is ​binding
empire’s dealing with foreigners. upon states; ​there is a “natural and
Jus Civile​: Law only applicable to the universal principle of right and
Roman citizens. wrong”
Code of Hammurabi​: protection of the weak 2. Positivist - ​basis is to be found in the
against oppression by the strong. consent​ and conduct of states;
The Law of Hittites​: require respect for presumed in the general law of
inhabitants for captured cities. nations; it is binding because of an
6th Century BC​: Cyrus the Great of Persia agreement by states to be bound
mandated the treatment of enemy soldiers as - Basis is ​consent​, which is ​expressed
if his own. in conventional law and ​implied​ in
Middle Ages​: Just War Theory; protection customary law, ​presumed​ in relation
of women and children of the general principles
- Legal justification for wars of 3. Groatians or Eclectics - ​accepts the
aggression doctrine of int’l law, but maintained
 that states were accountable only to 7. No central authority for
their own conscience for the promulgation and enforcement.
observance of the duties imposed by Private Int’l Law:
natural law, unless they had agreed 1. Private is national or municipal in
to be bound to treat those duties as character. ​Except when embodied in
part of positive law; IL is based on a treaty or convention, becomes
both nature (what is right) and international in character. ​It is a law,
practice of states (consent and not above, but between, sovereign
positive acts) states and is therefore a weaker law.
2. Recourse is with municipal tribunals
Public Int’l law vs. Private Int’l Law through local administrative and
Public Int’l Law: judicial processes.
1. Public in international by nature. ​It 3. Consists mainly from the lawmaking
is a law of a sovereign over those authority of each state.
subjected to his sway 4. Regulates the relations of individuals
2. Disputes are solved through whether of the same nationality or
international modes of settlement - not.
negotiations and arbitration, reprisals 5. Generally, entails only individual
and even war. responsibility.
3. Derived from such sources as 6. Governs relations between
international customs, conventions individuals and the relations between
and the general principles of law. them and the government.
4. Applies to relations states inter se 7. Government is the enforcing entity
and other international persons
5. Infractions are usually collective in IL vs Municipal Law
the sense that ​it attaches directly to Municipal Law​: promulgated by a
the state and not to its nationals. legislature. Decisions of the court.
6. Regulate relations among states. International Law​: no sovereign
promulgating body. Composed of principles,
customs and rules that are recognized as land and no further legislative action is
binding on states and international persons. needed to make such rules applicable in the
domestic sphere. International law is of
Division of PIL equal standing with national legislature.
1. Laws of Peace​ - normal relations - “Lex posterior derogat priori” -​
between states in the absence of war. later law removes the earlier one.
2. Laws of War - ​ relations between New treaties prevail over the older
hostile or belligerent states during law.
wartime. - PH adheres to incorporation
3. Laws of Neutrality ​- relations according to Sec. 2 Article II of the
between a non-participant state and a constitution, “adopts the generally
participant state during wartime. accepted principles of international
This also refers to the relations law as part of the law of the land”
among non-participating states. Doctrine of Transformation​ - legislative
action is required to make the treaty
Viewpoint of Doctrine enforceable in the municipal sphere.
Dualist Theory​: international law and Generally accepted rules of international law
municipal law are completely separate are not per se binding upon the state but
realms. must first be embodied in legislation enacted
Monist Theory​: no real difference, as they by the lawmaking body and so transformed
represent two manifestations of one and the into municipal law.
same thing. There is a single legal order - “Pacta Sunt Servanda”​:
from where all norms exist. PIL is superior International agreements must be
to municipal law - international law, being performed in ​good faith.
the one which determines the jurisdiction
limits of the personal and territorial Sources of International Law
competence of states. A. Primary​: “law creating process”
Doctrine of Incorporation​ - rules of 1. Treaties or International Conventions
international law form part of the law of the
 a. Contract Treaties​ - bilateral 1. Judicial Decisions
agreements concerning 2. Teachings of the most highly
matters of particular or qualified publicist
special interest to the
contracting parties International Community
b. Law-Making Treaty Definition​: ​body of juridical entities which
● Treaties are governed by the law of nations.
○ Bilateral​: Between two
parties International Communities
○ Multilateral​: Between more I. States
than two parties II. United Nations
● “Rebus sic stantibus” ​- party to a III. Vatican City
treaty is not bound to perform a IV. Colonies and dependencies
treaty if there has been a V. Mandates and trust territories
fundamental change of VI. Belligerent communities
circumstances since the treaty was VII. Individuals
concluded. Development of International
2. International Custom Communities
- Matters of international concern that 1. Peace of Westphalia​ - signaled the
are not usually covered by beginning of modern international
international agreements and many communities
states are not parties to most treaties. 2. Treaty of Paris​ - the end of the
- Opinio Juris​: a clear and continuous Crimean War
habit of doing certain things develop Subject and Object of International Law
under the conviction that it is Subject​: an entity that has rights and
obligatory and right. responsibilities under that law. It has an
3. General Principles of Law international personality in that it can
B. Secondary​: “law determining directly assert rights and be held responsible
agencies” under the law of nations.
 - The entity is only an object of body of inhabitants render habitual
international law unless it has rights obedience.
and duties under international law. Nation vs State:
Object​: the person or thing in respect of - State as a legal concept whilst nation
which right are held and obligations is a racial/ethnic concept
assumed by the subject and therefore not
directly governed by the rules of Elements of a State
international law. 1. People
- The subject is required for the a. Inhabitants of the state
enjoyment of its rights and for the b. Must be numerous enough to
discharge of its obligations. be self-sufficing and to
- No direct enforcement and defend themselves and small
accountability. enough to be easily
Subject of International Law administered and sustained
1. Traditional Concept ​- only states are c. The aggregate of individuals
considered as subjects of of both sexes who live
international law. together as a community
2. Contemporary Concept​ - individuals despite racial or cultural
and international organizations are differences
also subjects because they have 2. Territory
rights and duties under international a. The fixed portion of the
law. surface of the earth, including
STATE as subject of international law land water and air space,
Definition​: ​a community of persons more or inhabited by the people of the
less numerous, permanently occupying a state
definite portion of territory, independent of b. Must have known and
external control, and possessing an recognized boundaries
organized government to which the great 3. Government
 a. The agency or ○ The power of the state to
instrumentality through direct its relations with other
which the will of the state is states. ​“Independence”
formulated, expressed and ○ State is sovereign or free
realized from foreign control
2 kinds of Government Capacity of States
● De Jure​ - one with rightful title but ● “Recognition of states is generally
not power or control because power considered a political act”
was withdrawn; has not yet entered ● Some states have restrictions which
into the exercise of power. ​Is the affects their capability to discharge
legal and legitimate government of a international obligations, either from
state and is recognized by other having treaty commitments or lack
states. of resources
● De Facto​ - a government of fact; Classification of States
actually exercises power or control, 1. Independent States
but has no legal title. a. Simple States
4. Sovereignty i. Has one single and
a. The supreme and centralized
uncontrollable power government
inherent in a state by which ii. Exercises power in
that state is governed both internal and
Kinds of Sovereignty external
● Internal b. Composite States
○ The powers of the state to i. Consists of two or
control its internal affairs. more states
○ The state is supreme over all ii. States have its own
its citizens and associations separate government
● External but bound under a
 central authority over government have little
external relations power
c. Real Union iii. States are also
i. Two or more states delegates to the
under a unified collective body of
authority power to represent
ii. Form a single them as a whole for a
international person certain limited and
through which they specific purposes
act as one entity f. Personal Union
d. Federal Union i. Unified under the rule
i. Combination of two of the same monarchy
or more sovereign ii. Does not become one
states international person to
ii. Creation of a new represent them as a
state with full whole
international iii. Difference with
personality to composite state: there
represent them in is no new
their external affairs international person to
e. Confederation represent it in
i. States retain their international relations
sovereignty and to g. Incorporate Union
some instances their i. Union of two or more
external sovereignty states under central
ii. Local governments authority with direct
have the majority of control of their
state power, while the internal and external
central federal affairs
 ii. Difference from real a. A recognized state but is
union: real unions under control of other states
authority only in their external affairs
controls external b. Semi-sovereign
affairs, authority in c. Two categories, ​protectorate
incorporate union and Suzerainty.​ There are
have control of both arguments of whether
internal and external protectorate has greater
affairs measure of control over its
2. Neutralized States external affairs compared to
a. Neutralization of states may suzerainty.
come from an agreement with d. Protectorate states are also
other states which will asserted that they enjoy a
guarantee its independence degree of independence
and sovereignty United Nations
b. The seen advantages of ● A world organization
neutralization is removal ● Cooperation
from vicissitudes of ● Regarded as an international person
international politics, anxiety ● Extends aid to those in conflicted
and possible expenses being areas or to states in need
non-neutral ● Can make treaties through the
c. Possible reasons for General Assembly, security Council
neutralization - compassion and ECOSOC
for small weak states, balance Vatican City
of power considerations, to Q: Is Vatican City a state?
relieve international friction. A: YES!
3. Dependent States ● A city within a state
● Has their own government headed by
the pope
 ● Has their own currency Belligerent Communities
● Not part of the United Nations Definition: ​the acknowledgement of a legal
organization fact that there exists a state of hostilities
Colonies between two groups vying for power or
Definition:​ “In its original sense the word authority. The recognition of the existence
‘colony’ refers to a settlement created by of war.
people who leave a mother country and Requisites of Belligerency
travel elsewhere to establish a new society 1. There should exist within the state a
on distant turf,” status of armed conflict
Dependencies 2. The hostilities must be conducted in
Definition: ​weak states dominated by or accordance with the rules of war and
under the jurisdiction of a more powerful through organized armed forces
state but not formally annexed by it. acting under a responsible authority
Territories under the jurisdiction of another 3. The insurgents must administer and
country. occupy a major portion of national
Mandates and Trust Territories territory
● Avoid annexation of underdeveloped 4. There must exist certain
territories of defeated powers and to circumstances which make it
place their administration under necessary for outside states to define
international supervision their attitude by means of
Trust territories are provided for: recognition of belligerency
1. Held under the mandate of the International Administrative Bodies
League of Nations ● Some administrative bodies gain
2. Territories detached from defeated international personality when
states after world war II ○ Their purposes are
3. Voluntarily placed under the system non-political
by the states responsible for their ○ Autonomous; not subject to
administration any state’s control
Individuals Case Digest: The Lagrand Case
● The basic unit of society, national Issue:​ Did the US breach its obligations
and international under the Vienna Convention by failing to
Phantom States inform the arrested Lagrand Brothers of
Definition: ​frequently emerge from war, their consular rights?
they are places that field military forces, Held:​ Yes, a state that breaches its
hold elections, build local economies and obligations to another under the Vienna
educate children, yet inhabit the foggy Convention on Consular Rights by failing to
netherworld between de facto existence and inform an arrested alien ​of the right to
international legitimacy consular notification and to provide judicial
review of the alien’s conviction and
International Court of Justice sentence also violate individual rights held
Case Digest: The Bernadotte Case 1949 by the alien under international law.
Folke Bernadotte Count of Wisborg Significance to International Law
● Swedish Diplomat/nobleman ● ICJ stated the binding nature of
(1947-1948) UN security council mediator provisional measures, one of the
in the Arab-Israeli Conflict most significant judgements
(1948) He was assassinated by terrorists un
territory under control of the provisional Concept of a State
government of Israel 1. Creation of the State
Issue: Would the United Nations possess a. Revolution
the capacity to make an international i. Being able to
claim against Israel for reparation of overthrow and change
damage suffered? the political or
Held: ​Yes, The United Nations has the right government system
to bring forward international claims against b. Unification
an individual state for damages to its agent i. Unification of
during a conduct of state related duties different states into
one state
 c. Secession A: ​A foreign sovereign, as well as any other
i. Breaking away of a foreign person, who has a demand of a civil
group from a larger nature against any person here may
entity prosecute it in our courts
d. Assertion of Independence 2. whether the suit has become abated
i. To fully assert or by the recent deposition of the
declare independence Emperor Napoleon III;
and statehood A: ​We think it has not. The reigning
e. Agreement sovereign represents the national
i. State agree to form a sovereignty, and that sovereignty is
new state or state continuous and perpetual, residing in the
system proper successors of the sovereign
f. Attainment of Civilization 3. the question of merits
2. Principle of State Continuity A: ​And on the merits of the case as
a. “Once its identity as an presented by the record, we think that the
international person has been court below erred in imposing the whole
fixed and its position in the damage upon the Sapphire. We think that
international community the Euryale was equally in fault, and that the
established, the state damage ought to be divided between them.
continues to be the same Held: ​the ruling was that both ends were at
corporate person whatever fault and thus, the damages are to be
the changes may take place in covered by the respective parties.
its international operation and 3. Extinction of State
government” a. The extinction of a state may
Case Digest: The Sapphire Case not necessarily happen when
Issues: substantial changes in
1. The right of the French Emperor to territory, population, or
sue in our court; government happen
 b. When there’s an absolute loss governance within a territory
of one element, such can no occur.
longer be called a state e. Universal Succession​ -
Concept of Annexation occurs when the international
Definition​: to add territory to one’s own personality of a former state
territory by appropriation is absorbed by the successor
- Making annexations through military or is completely destroyed
means is considered illegal by the i. Subjugation
UN ii. When a state merges
4. Succession of States with other states
a. The replacement of one state iii. When states gets
by another in the divided into several
responsibility for the states
international relations of f. Partial Succession​ - takes
territory place when a portion of the
b. Predecessor State​ - the state territory of a state secedes or
which has been replaced by is protectorate or a suzerainty
another state on the or when a dependent state
occurrence of a succession of acquires full sovereignty
states i. When a part of the
c. Successor State​ - the state state revolts and after
which replaced another state achieving freedom
on the occurrence of becomes a separate
succession of states international person
d. Happens when changes in the ii. When a part of state is
conditions of the previous surrendered to another
state particularly those state
concerned with territory and
 iii. When a state purchase responsibilities of the
territory from another predecessor
state g. The successor state has the
iv. When states form ability to determine which
federations liabilities to assume or reject
v. By referendum Case Digest: People vs Perfecto Case
5. Consequences of State Succession Issue​: Whether or not Article 356 of the
a. Transfer of sovereignty and Spanish Penal Code will be applied
allegiance from the previous Held: ​No
sovereign to the new formed 6. Succession of Government
state a. One government replaces
b. Naturalization of the citizens another
c. Political laws left by the b. The state continues as the
predecessor are abolished same international person
unless the successor deems except only for its lawful
them beneficial and wishes to representative
restore for political use c. What determines whether a
d. Non-political laws are kept new government will assume
unless changed by the or reject the obligations is
successor how the government is
e. Treaties are discontinued established
unless such treaties are
dealing with local rights and The United Nations
duties. There are instances - The UN succeeded the League of
where the new state Nations and is governed by a Charter
proclaims its wich to retain which came into force on Oct 24,
international duties 1945, composed originally of only
f. The successor state inherits 51 members, the UN has grown
all the rights and
 rapidly to include most of the states 3. To refrain from the threat or use of
in the world force in their international relations
- It was created to symbolize the 4. To refrain from assisting any state
tragedy and lives lost at the hands of against which the UN is taking
man preventive or enforcement action
- The UN sought to establish a rule of The UN Charter
law for all nations that would ● Comprising of 111 articles,
eradicate the arbitrament of war on excluding the preamble and
the solution for international disputes concluding provision
Principal Purposes of the UN ● Also includes the Statute of the
1. To maintain international peace and International Court of Justice
security ● Its powers are acquired from the
2. To develop friendly relations among consent of the member states
nations ● The charter affirms the powers and
3. To achieve international cooperation functions of the different organs of
in solving international economic, the UN, as well as the rights and
social cultural and humanitarian obligations of the member states
problems 2 Kinds of Membership in the UN
4. To promote respect for human rights 1. Original or Charter Members
5. To be a center of harmonizing the 2. Elective - ​those subsequently
actions of nations towards those admitted upon the recommendation
common goals of the UN Security Council
Principles of the UN Qualifications for Membership
1. All its members are equal and all are 1. It must be a state
committed to fulfill in good faith 2. Must be peace loving
their obligations under the charter. 3. Must accept the obligations of the
2. To settle their disputes with each Charter
other by peaceful means 4. Must be willing to carry out these
obligations
Suspension of Membership ● The subsidiary organs are those that
Suspension may occur when a preventive or have been created by or in
enforcement action has been taken by the accordance to the Charter
SC. ● Subsidiary organs are different from
Discipline does not suspend the members specialized agencies which are not
obligation but only exercise or its rights and part of the UN
privileges as a member. I. UN General Assembly
Expulsion of Member A. Central organ of the UN
The penalty for expulsion may be imposed B. Most representative out of all
upon a member which has persistently UN organs
violated the principles in the UN Charter. C. The principle deliberative
Withdrawal of Members body of the organization and
A member may withdraw from the UN if: is vested with jurisdiction
1. The organization was revealed to be over matters concerning the
unable to maintain its peace or could internal machinery and
do so only at the expense of law and operations of the UN
justice D. The GA’s function can be
2. The members rights and obligations classified as follows:
as such were changed by a Charter 1. Deliberative
amendment in which it has not 2. Supervisory
concurred or which it finds itself 3. Financial
unable to accept. 4. Elective
3. An amendment duly accepted by the 5. Constituent
necessary majority either in the GA E. Specialized Committee
or in a general conference is not 1. First Committee
ratified 2. Second Committee
Organs of the United Nations 3. Third Committee
4. Fourth Committee
5. Fifth Committee
 6. Sixth Committee 3. Right to Existence and Self-defense
II. Security Council 4. Right to Equality
A. Key organ of the UN in the 5. Right to Diplomatic Intercourse and
maintenance of international Legation
peace and security Existence
B. Consists of 5 permanent ● Most important of these rights are
members (p5) and 10 elective the right of existence
members. ○ Why? ​Because all other
Functions and Power rights emanate or are
1. To maintain international peace and derived from these two
security in accordance with the rights
principles and purposes of the UN ● Arguably the most contentious, yet
2. To investigate any dispute or crucial right of a state
situation which might lead to ● 2 main aspects:
international friction ○ Right to become a state
3. To recommend methods of adjusting ○ Right not to be extinguished
such disputes or terms of settlement or territory diminished
4. To formulate plans for the Self-Defense
establishment of a system to regulate ● The right of a state to protect its
armaments territory. Others include national
ECOSOC interest and security
Responsible for the promotion of ● “If any armed attacks occur”
international economic and social ○ Use of that phrase is to
cooperation necessitate the obligation that
forcible measures may be
Fundamental Rights of States taken by a state only in the
1. Right to Sovereignty and situation where the use of self
Independence defense is “instant,
2. Right to Property and Jurisdiction overwhelming and leaving no
 choice of means and no have equal capacity in their
moment for deliberation.” exercise”
○ Mere apprehended danger or ○ All rights of a state,
direct threat to a state does regardless size or number,
not, on its own, warrant the must be observed and
use of force respected by the international
● Aggression community in the same
○ Use of armed force by a state manner that the rights of
against sovereignty other states are observed and
○ First use of armed force respected
○ Invasion or attack ○ Par in parem non habet
○ Military occupation imperium ​- one sovereign
○ Annexation power cannot exercise
● Independence jurisdiction over another
○ Independence vs Sovereignty sovereign power
○ Sovereignty is the supreme
power of the state Jurisdiction
○ Independence is the freedom ● Authority exercised by the state over
from control by other states persons and things within or
○ Independence is the effect of sometimes outside its territory
external sovereignty Classifications:
○ Intervention​ - interference by ● Personal: Nations
a state in domestic or foreign ○ Power of the state exercised
affairs of another state over its nationals
● Equality ○ The duty of the citizens
○ Montevideo Convention - follows him everywhere.
“States are juridically equal, ● Territorial:
enjoy the same rights and
○ A state has jurisdiction over compromise the peace
all persons and property of the port
within its territory. ■ French rule:
○ Terrestrial: anything and jurisdiction of crimes
everything found within the committed on board is
terrestrial domain of the state with the flag state
is under its jurisdiction except only where
○ Maritime: internal waters are they do not
assimilated to the land mass compromise the peace
and subjected to the same of the port
jurisdiction over the ○ Continental Shelf: Exclusive
terrestrial domain Economic Zone - 200 nm
○ Civil, criminal and from the low water mark of
administrative jurisdiction is the coast. Coastal state has
exercised by the flag state special rights over
over its public vessels exploration and use of marine
wherever they may be, as resources
long as not engaged in ● Open or High Seas: ​res communes
commerce ○ Jurisdiction is always on the
○ Civil matters - jurisdiction by public ship or on the
the coastal state merchant ship
○ Criminal matters - depending ○ Jurisdiction over pirate:
on the applicable rule captured pirates will be tried
■ English rule: in the courts of the state that
jurisdiction of crimes captured them
committed on board is ○ Jurisdiction under Hot
with the coastal state, Pursuit: state’s vessels may
except only where pursue into the high seas to
they do not capture
● Aerial Domain: unlimited ● Other territories: through assertion of
jurisdiction over the airspace within personal jurisdiction over nationals
their territory to an unlimited height abroad or exercise of the right to
○ No aircraft may pass without punish offenses outside the territory
state consent to protect nationals
Five Air Freedoms
1. Freedom to fly across foreign Legation
territory without landing. ● One of the most effective ways of
2. Freedom to land for facilitating and promoting
non-traffic purposes. intercourse among states
3. Freedom to embark traffic ● Active right - sending diplomatic
originating in the state of the representatives
aircraft. ● Passive right - receiving diplomatic
4. Freedom to put down traffic representatives
destined for the state of the ● Purely consensual between states.
aircraft. Not a demandable right
5. Freedom to embark traffic Diplomatic Agents
destined for or to put down ● Legation and diplomatic relations is
traffic originating in a third practiced through diplomatic agents
state. 1. Head of State
● Flag/registration state has a. Regarded as the embodiment
jurisdiction over offenses committed of, or at least representative
on board while above high seas or of, the sovereignty of the
neutral territory state
● Outer space: ​res communes b. Entitled to certain immunities
○ Can be explored and used by and honours befitting the
all stated without status and reflective of state
discrimination of any kind mutual respect
2. Foreign Minister/Secretary
 a. Widely considered as the ● Headed by the ​doyen du corps
immediate representative of diplomatique​ or Dean of the
the head of state for Diplomatic corps
international relations Appointment of Envoys
3. Diplomatic Envoys ● The receiving state is not obliged to
a. Responsible for the regular accept a representative who is
day-to-day conduct of persona non grata
international affairs ● To avoid these awkward situations,
b. Usually members of the most state practice agreation
foreign service of the sending ○ Informal inquiries are
state addresses to the receiving
c. Three classifications under state regarding a proposed
the Vienna Convention on diplomatic representative
Diplomatic Relations ○ Once the receiving state
i. Ambassadors (AEP) manifests ​agrément ​or
or nuncios accredited consent, then the person is
to the Head of State appointed and accredited
ii. Envoys, ministers or Conduct of Diplomatic Missions
internuncios ● Diplomatic agents must exercise the
accredited to the Head utmost discretion and tact
of State ● Take care to preserve goodwill of the
iii. Charges d'affaires sending state to the receiving state
accredited to the Commencement of the Diplomatic
Foreign minister Mission
Diplomatic Corps ● Deemed commenced once
● Informal body of foreign credentials are presented to the head
representatives in a receiving state. of state
● Credentials are:
 ○ Lettre de creance​ or letter of especially on cultural, economic and
credence - proof of scientific areas
accreditation from the 6. Conduct consulat function
sending state to the receiving Diplomatic immunities and privileges
state, acknowledging that the ● Immunities and privileges are special
full faith and credit be given treatment granted to diplomats
to official acts ○ Bases:
○ Diplomatic passport ■ Principle of
○ Instruction from the sending exterritoriality -
state diplomat considered
○ Code and cipher book an extension of the
● Unless and until the diplomat is sending state
accepted by the receiving state, ■ To allow the envoy
he/she does not enjoy the immunities full freedoms in the
under the Vienna Convention exercise of official
Diplomatic Function functions
1. Represent the sending state in the 1. Personal Inviolability
receiving state a. Not liable to any form of
2. Protect the interests and the nationals arrest or detention. Treat him
of the sending state in the receiving with respect and shall take all
state appropriate steps to prevent
3. Negotiate with the government of the any attack on his person,
receiving state freedom and dignity
4. Ascertain conditions and 2. Immunity from Jurisdiction
developments on the receiving state a. Diplomatic agent is immune
and report to the sending state to civil, criminal and
5. Promote friendly relations between administrative jurisdiction of
the sending and receiving state, the receiving state
 b. Immunity can be waived by a. A diplomatic agent is not
the sending state either obliged to give evidence as a
expressly or impliedly witness
3. Inviolability of Diplomatic Premises b. This can be waived by the
a. To permit the sending state diplomat personally
the freedom to use the 7. Exemption form taxation
premises for the purpose of
the missions functions in the Conventions and Treaties
manner of the sending states I. Convention of the Elimination of
choosing All forms of Discrimination
4. Inviolability of Archives Against Women (CEDAW)
a. The archives and documents A. Non-discrimination as a
of the mission shall be fundamental human right
inviolable at any time and B. Discrimination is a barrier to
wherever they may be human rights
b. The receiving state shall C. Without discrimination the
permit and protect free society will benefit as a
communication on the part of whole
the mission for all official D. Without discrimination we
purposes are more productive there is a
5. Inviolability of Communication lesser tendency for war
a. It is not just the E. Eliminate that men are
communications that are superior and women are
inviolable, but also the superior
diplomatic pouch or the II. Convention on the Recognition
courier carrying such and Enforcement of Foreign
communications Arbitral Awards (NYC
6. Exemption from testimonial duties convention)
A. Arbitration Pros and Cons
 Pros Cons investment to enhance their
potential for increased trade
Less formal Sometimes costly
D. It highlights certain regions
Private and Less appealing
Confidential of the earth that need
attention. Many of the least
Created by consent
developed countries in
Party autonomy
Africa, small developing
Forum neutrality islands and landlocked
Binding and countries
Enforceable
E. It is recognized that a
substantial increase in aid is
III. Monterrey Consensus
necessary if the developing
http://siteresources.worldbank.org
states should achieve the
/KFDLP/Resources/461197-112231
goals of the MDG. donor
9506554/What_is_the_Monterrey_
countries have committed to
Consensus.pdf
give at least 0.7% of their
A. Poverty reduction and
gross national income
environmental sustainability
IV. Beijing Declaration and Platform
as well as economic growth
for Action
B. Consensus makes a
http://www.unwomen.org/en/news/
distinction between
in-focus/csw59/feature-stories
developing countries that rely
A. 12 critical areas to deal with
on official development
equality and opportunities for
assistance and those who
all
have adequate infrastructures
1. Women and Poverty
and human capital
2. Education and
C. Trade is emphasized as the
training of women
critical engine growth. Poor
3. Women and health
states need improved market
access and financial
 4. Violence against B. It conforms to the Sharia law
women but has a touch of Human
5. Women and armed Rights
conflict C. No man is allowed to take
6. Women and the another life except for Sharia
economy VI. The Rio Conventions
7. Women in power and A. Convention on Biological
decision making Diversity
8. Institutional 1. Conservation of
mechanisms biological diversity,
9. Human rights of the sustainable use of
women its components and
10. Women and the the fair and equitable
media sharing of benefits
11. Women and the arising from
environment commercial and other
12. The girl child - utilization of genetic
specific forms of resources.
violence and harmful B. United Nations Convention
practices on girls to Combat Desertification
V. Cairo Declaration of Human 1. Aims to combat
Rights desertification and
http://www.fmreview.org/sites/fmr mitigate the effects of
/files/FMRdownloads/en/FMRpdfs drought in countries
/Human-Rights/cairo.pdf experiencing serious
A. Human rights of Islam based drought and/or
on the Sharia Law desertification,
especially Africa,
through effective
 actions at all levels, /other-international-commitments/
supported by united-nations-millenium-develop
international ment-goals-un-mdg/
co-operation and A. Blueprint agreed by all the
partnership world’s countries and all the
arrangements, ​in the world’s leading development
framework of an institutions
integrated approach B. Goals
which is consistent 1. Eradicate extreme
with Agenda 21, with poverty and hunger
a view to contributing 2. Achieve universal
to the achievements primary education
of sustainable 3. Promote gender and
development in equality and women
affected areas​. empowerment
C. United Nations Framework 4. Reduce child
Convention on Climate mortality
Change 5. Improve mental
1. Sets an overall health
framework for 6. Combat HIV/Aids,
intergovernmental Malaria and other
efforts to tackle the diseases
challenges posed by 7. Ensure environmental
climate change sustainability
https://www.cbd.int/rio/ 8. Develop a global
VII. United Nations Millennium partnership for
Development Goals development
http://www.ncda.gov.ph/internatio
nal-conventions-and-commitments