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Public International Law Notes[1]

Public International Law Notes[1]

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Published by Sui

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Categories:Types, Business/Law
Published by: Sui on Jul 23, 2011
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06/19/2013

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POLITICAL LAW COMMITTEE
CHAIRMAN:
Lady Jay Gutierrez
VICE-CHAIRMAN:
 Juan Paulo Abello,
MEMBERS:
Nicolas Tristan Hinayon,Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, RosynAlvaran, Jaynee Dialola
RECOLETOS DE MANILA SCHOOL OF LAW
RECOLETOS NOTES
CENTRALIZED BAR OPERATIONS 2006
Political Law
PUBLIC AND INTERNATIONAL LAW
Diplomatic immunity and Privileges:General rule:State has Sovereignty and jurisdiction over all personswithin its territoryException:
Representatives or agents of another state enjoy immunity in the hoststate.
Ambassadors, diplomats, heads of mission, their families, members of the diplomatic staff and members of the household staff enjoy certainimmunities from judicial proceedings.
Residence of the ambassador and the diplomatic bag/pouch is immunefrom inspection by authorities in the host state.
Crime in case a diplomat commits a crime, he cannot be prosecuted bythe host state, but he can be declared persona non grata and thesending state can recall his mission in the host state.Application: Only in the performance of official functions, such that in case acrime is committed by the diplomat while he is on vacation, he will not enjoyimmunity for such act.Criminal jurisdiction: Diplomatic agent is immune.Civil and administrative: Diplomatic agent is also immune except:
Real action relating to private immovable property situated in theterritory of the receiving state, unless he holds it in behalf of thesending state for the purpose of the mission.
An action relating to succession in which the diplomatic agent isinvoked as executor, administrator, heir or legatee as a private personand not on behalf of the sending state.
An action relating to any professional or commercial activity exercisedby the diplomatic agent in the receiving state outside his officialfunctions.Belligerency
The status of parties legally at war ( e.i. between nations or if in civilwar, government treats other as sovereign power)Effects of belligerency: relations of warring parties determined by laws of war, granting of belligerency rights. Neutral nations abstain from takingsides.
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POLITICAL LAW COMMITTEE
CHAIRMAN:
Lady Jay Gutierrez
VICE-CHAIRMAN:
 Juan Paulo Abello,
MEMBERS:
Nicolas Tristan Hinayon,Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, RosynAlvaran, Jaynee Dialola
RECOLETOS DE MANILA SCHOOL OF LAW
RECOLETOS NOTES
CENTRALIZED BAR OPERATIONS 2006
Political Law
Requirements according to the Hague Convention:
that belligerency between states be preceded by an absolutedeclaration of war or
an ultimatum prescribing the terms on which the issuing power willrefrain from warUnited nations: legitimate wars
Self defense
Collective enforcement of the UN CharterUnited nations Organs and their functions:a)General assemblyComposition: all members of the UN as of 1196: 185 membersFunction: any question or matter within the scope of the charter orrelating to the powers and functions of any other organ. It is alsovested with jurisdiction over matters concerning internal machineryand operations of the UN.GA resolutions have no binding effect on UN members except thefixing of the UN budget. They may constitute evidence of the existenceof customary norms or constitute international normsb)Security CouncilComposition: 15 members
5 permanent members( China, France, UK, US, Russia)
10 non-permanent members elected for 2 years term bythe general AssemblyWhat is the Double veto?
All non procedural matters, each permanent member is given a veto –security council decision is ineffective if even one permanent membervotes against it. The veto does not ordinarily apply to proceduralmatters. However, a permanent member may exercise a double vetowhen it vetoes any attempt to treat a question as procedural and thenproceed to veto any draft resolution dealing with that question.
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POLITICAL LAW COMMITTEE
CHAIRMAN:
Lady Jay Gutierrez
VICE-CHAIRMAN:
 Juan Paulo Abello,
MEMBERS:
Nicolas Tristan Hinayon,Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, RosynAlvaran, Jaynee Dialola
RECOLETOS DE MANILA SCHOOL OF LAW
RECOLETOS NOTES
CENTRALIZED BAR OPERATIONS 2006
Political Law
c.) Secretariat- chief administrative organ of UNd.) Economic and Social Council organ charged with promoting socialprogress and better standards of life in larger freedom.e.) Trusteeship Council organ charged with administration of Int’ltrusteeship systemf.) International courts of justice – Judicial organ of UN- has jurisdiction over contentious cases( disputes between states) andrequests for advisory opinions that are made by competent UN organsUse of force. The UN Charter prohibits the use of force or threat against thepolitical independence or territorial integrity of a state, or in any mannerinconsistent with the purposes of the United nations ( art.2 ) ( Nicaragua vs.US decision of the ICJ) This rule is not absolute for it recognizes exceptions : such as those inpreservation or self defense and enforcement of UN Charter.Conditions for the exercise of right of self defense. ( based on military andpara military activities In and Against Nicaragua)1.Armed attack must be of such scale as to amount to an actual armedattack by regular forces.2.Necessity of use of force because of an armed attack3.Proportionality of force applied to the danger faced a state.4.Promptness between time of attack and the defensive use of force5.In the case of collective self defense, for a state to assist another state,the state to be assisted must make a public declaration that it is underattack.Whether law always prevails over the treaty?Under the doctrine of incorporation, Article 2 section 2 of the Philippineconstitution, they should be treated in equal footing. When they are inconflict, the rules to used in determining which one prevails, lex specialisgenerali derogate ( the special provision prevails over the general) andposterior priori derogate ( the latter law prevails over the earlier) both areunder the constitution.However, In Ichong vs. Hernandez, The court ruled that the provisionsof the treaty are always subject to qualification or amendment by asubsequent law, or that it is subject to the police power of the state.
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