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Held: Turkey had not acted inconsistently with international law by exercising criminal jurisdiction. The Turkish penal code provided for punishment of acts abroad by foreigners against Turkish nationals and involved the protective principle of jurisdiction.
JURISDICTION OF STATES
Jurisdiction, in general • This denotes the authority to affect legal interests. • According to Brownlie, it refers to particular aspects of the general legal competence of states often referred to as “sovereignty”. • Refers to judicial, legislative and administrative competence. Civil Jurisdiction
(2) The nationality principle • Nationality as a mark of allegiance and an aspect of sovereignty is generally recognized as a basis for jurisdiction of extraterritorial acts. This principle thus states that every state has jurisdiction over its nationals even when those nationals are outside the state territory. (3) The protective principle • This principle states that a state may exercise jurisdicition over conduct outside its territory that threatens its security as long as the conduct is generally recognized as criminal by states in the international community. (4) The universality principle • This principle recognizes that certain activities, universally dangerous to states and their subjects require authority in all community members to punish such acts wherever they may occur, even absent a link between the state and the parties or acts in question. This principle started with piracy. • What is meant by piracy in international law? Piracy is any illegal act of violence or depredation committed for private ends on the high seas or outside the territorial control of any state. It also covers crimes such as genocide, crimes against humanity, war crimes, aircraft piracy and terrorism, as provided and defined in the Statute of the ICJ. (5) The passive personality principle • According to this principle, aliens may be punished for acts abroad harmful to nationals of the forum. What are the legal consequences of a wrongful exercise of jurisdiction? Answer: In principle, excess jurisdiction gives rise to state responsibility even in the absence of an intention to harm the other state. Moreover, the state of which the accused is a national has locus standi in respect of the proceedings which involve a breach of existing standards protecting human rights. Extradition Definition: the surrender of an individual by the state within whose territory he is found to the state under whose laws he is alleged to have committed a crime.
In order to satisfy international law standards in regard to the treatment of aliens, a state must normally maintain a system of courts empowered to decide civil cases (Brownlie). However, civil jurisdiction is more properly a subject for private international law.
Criminal Jurisdicition • Five principles where jurisdiction may be reckoned: (1) The territorial / territoriality principle
This principle states that the fundamental source of jurisdiction is sovereignty over territory. A state has absolute power to prescribe adjudicate and enforce rules of conduct that occurs within its territory (Bernas). Often applied is the objective territorial principle according to which jurisdiction is founded when any essential constituent element of a crime is consummated on state territory (Brownlie). Example: firing a gun across a frontier causing homicide on the territory of a state.
Case Illustration: The Lotus case This case originated in a collision on the high seas between a French steamer and a Turkish collier in which the latter sank and Turkish crew members and passengers lost their lives. The French steamer having put into port in Turkey, the officers of the watch on board at the time of the collision were tried and convicted on involuntary manslaughter. France contended that the flagstate of the vessel alone had jurisdiction, while Turkey argued that the vessels on the high seas formed part of the territory of the nation whose flag they fly. Issue: whether Turkey had acted in conflict with international law by instituting proceedings.
Katrina Hirang-Olave Kat Aguila
In other words. - Immunity from jurisdiction General rule: Jurisdiction of a state within its territory is complete and absolute. Minister Counsellor Kasim. among other allegations. For the US to be responsible. enjoys immunity in a case concerning a maintenance agreement. it would have to be proved that the State had effective control of the operations during the course of the alleged acts. represented by Chief of Administration. in determining the closeness of the relationship between the US government to the contras would be enough to equate their actions with one another. where some courts have abstracted from existing treaties and municipal provisions. surrender of an alleged criminal cannot be demanded as a matter of right.This principle is satisfied if the sovereign states waives its immunity because consent upholds the status of equality. 2 Brownlie.1 Republic of Indonesia v. and stated that international law is founded on principles of reciprocity. in the absence of a treaty. .This principle is concerned with the status of equality attaching to the independent sovereign: legal persons of equal standing cannot have their disputes settled in the courts of one of them. independence and equality of States. Vinzon: Whether the Republic of Indonesia. ruled that there was a partial dependency may be inferred but not enough that the US actually exercised a degree of control to justify the contras as acting on its behalf. What is the principle of double criminality? Answer: this mandates that the act charged must be criminal under the laws of both the state of the refuge and the requesting state. . Such a principle is invoked in cases of informal extradition. State immunity: the principle that the state may not be sued without its consent. there is deemed to be no transgression of international law. The Court in that case said that Pinochet was not acting in any capacity which gives rise to immunity ratione materiae. Ruling: The Court ruled in favor of Indonesia.2 Two principles of sovereign immunity: (1) par in parem non habet jurisdictionem . The existence alone of a paragraph in the maintenance agreement allowing for certain actions to be tried in a venue does not constitute a waiver of sovereign immunity from suit. - Nicaragua vs US case: Whether the US was involved in the revolution in Nicaragua to the extent of providing direct support for the contra forces as well as laying mines in Nicaraguan ports. (2) non-intervention in internal affairs 1 Pinochet Case. the national court has no competence to assert jurisdiction. Enjoyed by the head of state and the state itself - However. Gatdula Notes This process results in a co-operation between states to obtain a surrender of suspected or convicted criminals which rests on a procedure of request and consent and regulated by certain principles. Katrina Hirang-Olave Kat Aguila . comity. There has been a practice of informal extradition. The Court.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. - Are there instances where extradition is effected even without a treaty? Yes.State immunity may also appear as a doctrine of inadmissibility or non-justiciability rather than immunity in a strict sense. o Exceptions: (1) Sovereign immunity Immunity ratione materiae applies to all state officials who have been involved in carrying out official functions. When this takes place with the consent of the State from the territory of which the transfer of custody takes place.
Art 31 – The diplomatic agent also enjoys immunity from the criminal jurisdicyion of the receiving State/ All acts concerning the act of State doctrine concern political and legislative acts. • • - consular immunities i. The purpose is to allow them to perform their functions properly. 29. it is not an act of state. 22 – The premises of the mission which are the buildings or parts of the buildings used for the purpose of the mission is considered as inviolable. No fundamental principle prohibits the exercise of jurisdicition. 23 – exemption of sending State and head of the mission from all national. Hernandez: • Whether Underhill is entitled to damages from Hernandez based on the latter’s refusal to grant him a passport to leave the country and on the assertions that he had been kept in detention by Hernandez. Dunhill v. Waiver of Immunity • Immunity is not mandatory. and shall not be liable for any form of arrest or detention. Waiver may be done by treaty or in a diplomatic communication. Cuba: • Whether Cuba’s failure to return the overpayment made by Dunhill on cigars can be considered as an act of state. but never judicial.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. archives and interest of the sending State The immunity can be waived by the state concerned either expressly or by conduct. such as the issuance of visas. Under the State Immunity Act of 1987. Ruling: Underhill is not entitled to damages because of the “act of state doctrine” Courts of one state will not sit in judgment on the acts of the government of another. as discussed below. The receing State has the duty to protect the consular premises. Underhill v. regional or municipal dues and taxes wrt to the premises of the mission. The codification of the law on the subject is found in the Vienna Convention on Diplomatic Relations (1961). Ruling: No. Official representatives of a state are given immunities and privileges when they are within the territory of another state. 30 – The person of the diplomatic agent as well as his private residence shall be inviolable. Judicial restraint in domestic law in deference to the executive who is the principal architect of foreign relations. Art. Gatdula Notes (2) Immunity of the representative of states Diplomatic immunities Act of State Doctrine Local courts cannot pass upon the validity of the acts of a foreign state. The State has a special duty to protect the premises of the mission. An act of state cannot extend to include the repudiation of a purely commercial obligation. Art. done within its own territory. Katrina Hirang-Olave Kat Aguila . immunity is denied where there is prior written agreement to submit to the jurisdiction or a written agreement to submit to arbitration. Art. Consuls are not concerned with political matters but with administrative and economic issues. The Vienna Convention on Diplomatic Relations Rights and Priveleges – Some Salient Provisions Art. ii. 24 – inviolability of the archives and documents of the mission.
because the breach (if any) was committed against the corporation and not against the shareholders. what a state does is to impose legal standards for admission. because the latter enjoys discretion as to whether or not to prosecute the claims of its national. To be different. • • II. However. and only the company could protect its own interest. individuals may be the subject of state v.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. state litigation. Therefore. This doctrine requires the satisfaction of the “effective national link” between the national and the state. 3 4 Brownlie Kelsen. failure to prosecute those who attack foreign nationals. unlawful expropriation of property. The Court held that the Belgians lacked legal standing to exercise diplomatic protection of their shareholdings in Barcelona Traction. and international responsibility relates both to breaches of treaty and to other breaches of a legal duty. or a denial of justice (denial of due process of the law). Protection of aliens • General: As an aspect of sovereignty. Gatdula Notes • Various forms of ill-treatment: Mistreatment by judicial or police authorities. no state is obliged to admit aliens into its territory unless a treaty requires it.4 o Original state responsibility – flows from acts committed by or with the authorization of the government of a state o Vicarious state responsibility – flows from unauthorized acts of the agents of the state. Any wrongs committed against them can only be redressed by states with international personality. However. Doctrine of State Responsibility • In General: When an injury has been inflicted. 3 Individuals are generally considered as “objects” and not “subjects” of international law. They possess no international legal rights to assert on their own. Spain): WON Belgian nationals/shareholders of a company incorporated in Canada could claim reparation for damages against Spain when the latter state declared it to be bankrupt. Basis and Nature of State Responsibility • • • The nature of state responsibility is not based upon delict in the municipal sense. Principles of International Law. 2nd ed. he/she cannot be expelled without due process. State Responsibility I. the act must be directed against the rights of the shareholder as such. Once an alien is admitted into a state. This keeps individuals at the mercy of their state. There is a distinction that must be drawn between original and vicarious state responsibility. it is difficult to deny admission to all. Diplomatic Protection: Well-developed customary law which is based on the traditional notion that the individual is an inappropriate subject of international law and must have recourse to his state for protection. III. there is need to determine whether the state can be held responsible for it. which was incorporated in Canada. • Proper treatment of aliens: o Corporations and shareholders: It is the state of nationality of the corporation who has the right to protect the corporation and not the state nationality of its shareholders. • What is an internationally wrongful act? Katrina Hirang-Olave Kat Aguila . Another applicable theory is that injury to the state national is injury to the state itself. Barcelona Traction Case (Belgium v. practically speaking.
Legal obligations: When a state consents to be part of an international legal system. the Court looked for evidence of knowledge on this on the part of Albania. which demands immunities or liberties. It must accept responsibility for actions which have effect on other international legal persons. it also accepts corresponding legal obligations. entities empowered by law to exercise elements of governmental authority even if not considered an organ of the state. International Human Rights Law • Definition of human rights: Rights which are inalienable and fundamental and essential for life as human beings. even if they exceeded authority. acts of other persons. • Objective: A violation of an international obligation. The characterization of an act of a State as internationally wrongful is governed by international law.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. and attribution to the state of the conduct of organs placed at its disposal by another state. through a part of the North Corfu Channel constituting Albanian territorial waters was an innocent passage. or the acts of revolutionaries. It was adopted by the UN General Assembly on December 10. it has committed an “internationally wrongful act. Acts of State Organs: Any State organ (who is accorded that status according to internal law) which conducts itself in that capacity. because of the recognition that the way nations treat persons under their jurisdiction has become an international concern. Corfu Channel Case: The Court in this case held that the passage of two cruisers and two destroyers. o Western tradition developed from the Natural Law view that some rights are higher than positive/man-made law and flows from the nature of man himself. International Bill of Human Rights • Emergence of an International Bill of Human Rights: Started to rise after World War II. 1948. and the enforcement of the obligation that arises from the wrongful act. Universal Declaration of Human Rights: First significant milestone in the internationalization of human rights. Katrina Hirang-Olave Kat Aguila . the attributability of the wrongful act to the state. and that they can find protection and remedies within the international community against their own state. No state can avoid responsibility when once it has committed an act which satisfies the requirements of an “internationally wrongful act. persons or a group of persons acting under the instructions of the State or carrying out acts of a State in the absence of official authorities. and the act is attributable to the State under international law. Gatdula Notes Answer: If a state violated a customary rule of international law or a treaty obligation. As to the laying of mines which damaged the destroyers Saumarez and Volage. It may be either an act or an omission. State attribution: Acts of state organs. The Court in this case said that it cannot be concluded from the mere fact of the control exercised by a State over its territory and waters that the State necessarily knew or ought to have known of any unlawful act perpetrated therein. It is said to do away at the old concept of sovereignty and recognizes that individuals can be made the subject of international law. • Subjective: The act must be attributable not to persons or agencies who performed it but to the state itself. not just domestic.” Every internationally wrongful act of a State entails the international responsibility of that State Requisites: The elements of an internationally wrongful act.” An internationally wrongful act consists of a subjective and an objective element.. The Charter set down a fundamental premise of “faith in fundamental human rights in the dignity and worth of the human person in the equal rights of men and women. UN Charter: Breaking ground for the development of the new international human rights law.
A declaration admits the presumption that something less than full effectiveness in terms of law is intended. What is the difference between covenant and declaration? Answer: An international covenant is the meeting of the minds of the contracting parties on specific duties and obligations they intend to assume. or insanity. To form free trade unions 4. or morals or the fundamental rights of others.” Legal personality belongs to all. To special assistance for families Katrina Hirang-Olave Kat Aguila . and the agreement that the undertakings must be effectively performed. Expression. health. Religion. Optional Protocol on the Covenant on Civil and Political Rights: Supplement to the Covenant on Civil and Political Rights. These are limited by law. Conscience. whether citizens or aliens. To work 2. The Philippines has ratified the Protocol and it entered into force in March 1976. social. to freely dispose of the natural wealth and resources without prejudice to any obligations arising out of international cooperation based upon the principle of mutual benefit and international law. However. Its authority is mostly political and moral. Covenant on Economic. Privacy and Right to Family: Difference between “legal personality” and “capacity to act. it does not say when protected life begins while the Philippines protects the life of the unborn child from conception. To favorable conditions of work 3. A respected author states that it would be difficult to draft a right to property which could gain universal and general acceptance. to leave the country.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. and to change one’s residence. to profess and practice their own religion or to use their own language. minority. Social and Cultural Rights Rights guaranteed: 1. Ill-treatment and Prison Conditions: The Covenant prohibits torture and other forms of ill-treatment that offend bodily integrity and personal dignity. It is silent about the right of government employees to form unions. Legal Personality. • The right freely to determine their political status and freely pursue their economic. and those inconsistent with the other rights in the present Covenant.” The Covenant has express protection of the right of parents in the matter of religion for their children. The UN Human Rights Commission says that imprisonment in conditions detrimental to a prisoner’s health constitutes violation of the Covenant. Political Freedom: The limits on exercise of the aforementioned rights found in the Covenant are “to protect public safety. Some key concepts: Self-determination of peoples: Self-determination covers two important rights: Torture. • The right for their own ends. Gatdula Notes not as law but as a “common standard” for nations to attempt to reach. national security or the rights and freedoms of others. Capacity to act may not be available to some by reason of infancy. It leaves no doubt about the legal nature of the provisions it contains. even if there is one in the Universal Declaration. and cultural development. public health. order. Associations and Unions: The Covenant has a detailed set of provisions protecting the right to form associations and unions. There is no right to secede. To social security and insurance 5. Freedom of Movement: The Covenant guarantees the rights to travel within the country. Covenant on Civil and Political Rights Thought. Minorities: Minorities are accorded the right to enjoy their own culture. • The Covenant’s provisions on the right to life do not go beyond what the Philippine Bill of Rights guarantees. • • There is no right to property in the Covenant.
Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. the ICC cannot intervene. • • Jurisdiction: o limited to the most serious international crimes: genocide. and 9. Two ways of settling disputes: Pacific settlement of disputes (1) Negotiation generally the first step taken in the settlement of international disputes discussion undertaken by the parties themselves about their respective claims and counterclaims with a view to their just and orderly adjustment Treaties now require that negotiation be undertaken first before the case is submitted to arbitration i. thus leading them to employ less amicable means. Because of the principle of complementarity. and the crime of aggression. Once a state has taken the initiative to investigate a crime. In order for there to be a proper dispute. It must await referral of a crime by a state party or by the Security Council. Gradually too. should the dispute be justiciable? Answer: YES. The same requisites for the justiciability of an issue in domestic law applies. These tribunals were undermined and weakened by the charges of politically motivated investigations and selective justice. war crimes. Katrina Hirang-Olave Kat Aguila . however: If the contract is in bad faith – disregard negotiation and proceed with the case. it will be able to establish precedents. the effective functioning of the court will depend very much on the cooperation of state parties. Gatdula.5 International dispute • An international dispute is an actual disagreement between states regarding the conduct to be taken by one of them for the protection and vindication of the interests of the other. crimes against humanity. The US and the Philippines have not ratified it. conflict is the general term denoting some form of disagreement. However. Note. METHODS OF SETTLING DISPUTES • Remember that: Art 2 of the UN Charter states that disputes are required to be settled by peaceful means in such a manner that international peace and security are not endangered. Besides being permanent. Gatdula Notes 6. The treaty came into force in April 2002 when the 60th country needed to establish the ICC submitted its ratification. • Significance and Goal: o The International Criminal Court was created in 1998 by the Rome Statute. while dispute is the areas why the conflict exists. • Prior to the establishment of the ICC. Unlike temporary tribunals. The court cannot act when the local judicial system is able to prosecute. To education including compulsory primary education. To adequate standard of living 7. To the highest standard of physical and mental health 8. The crimes over which the ICC has jurisdiction must first be punishable in domestic law. the ICC will be established without any specific country in mind. To the enjoyment of cultural and scientific benefits and international contacts. International Criminal Court When does a dispute exist? A dispute exists when one state claims that another state should behave in a certain manner and that claim is rejected by the latter. Settlement of International Disputes Kelsen. • • According to Atty. international crimes were prosecuted in ad hoc criminal courts. Is it absolutely required that negotiations fail before resorting to other modes? 5 What is the principle of complementarity? The court is a court of last resort. it is not uncommon for their mutual demands to exacerbate rather than resolve their dispute. it will be neutral. Its goal is individual and not collective accountability. I.
There is no need to negotiate forever. Russia maintained that the firing was due to approach of the Japanese torpedo boats. For instance. The compromis provides for the composition and manner of selection og its members. the Appellate Body Report ruled on the consistency and applicability of certain provisions of the SPS Agreement. injuries to others and considerable destruction of property. the case was submitted for decision.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. Employed when the parties are no longer in speaking terms. The WTO Dispute Settlement Body Arbitration. subject to the Terms of Reference of both parties. (8) Resort to regional and international organizations Katrina Hirang-Olave Kat Aguila . The Panel then renders a finding. they agree to the constitution of a Panel pursuant to the Dispute Settlement Understanding (Art 4).Suggestions of the mediator are merely persuasive (5) Conciliation (6) Arbitration (7) Judicial settlement decisions are binding disputes submitted are legal rather than political Difference between Judicial Settlement and Arbitration Judicial settlement Arbitration The judicial tribunal is a pre-existing Arbitral is an ad hoc body created by the and permanent body parties to the dispute Jurisdiction is usually compulsory Voluntary Law applied is independent of the will Law applied may be limited by the of the parties parties. (Atty Gatdula). . and the adverse party may appeal such a decision to the Appellate Body. (2) Inquiry or fact finding an investigation of the points in question on the theory that their elucidation will contribute to the solution of the differences. When disputes regarding trade arise between the parties. If still. negotiations fail. Russia agreed to pay to Great Britain. findings are not conclusive upon the disputing states The Dogger Bank Case: Russian vessels fired in a fog on the English fishing fleet off Dogger Bank during the Russo-Japanese War and caused the death of two fishermen. i. Gatdula Notes Answer: At least one of the parties should enter negotiations in good faith. However. as a method of settlement of disputes is more clearly shown through the WTO-DSB. i. (3) Good offices a 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. the case may be proceeded against. in the dispute between the European Communities and the US about the import prohibition imposed upon hormone-treated beef. The finding: There were no torpedo boats present at the time of the incident and as a result. The Panel Report and subsequently. (4) Mediation a 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. usually a tribunal created by the parties themselves under a charter known as the compromis. - solution of a dispute by an impartial third party.
suspension of commercial dealings. the rule is: war is supposed to commence from the moment the first act of force is committed by one state. When the matter was subsequently submitted for arbitration. The Charter of the UN is categorically committed to the outlawry of war. However. Due to the misunderstanding caused by language difficulties.e. boycott. • Diplomatic and consular relations between the belligerents are terminated. • Two instances where the use of force is allowed: o Exercise of the inherent right of self-defense under conditions laid down in Art 51 o In pursuance of the so-called enforcement action that may be decreed by the Security Council under Art 42. Effects of the Outbreak of War • The laws of peace cease to regulate the relations of the belligerents and are superseded by the laws of war. Hague Convention of 1907: hostilities must not commence without a previous and explicit warning in the form of either a reasoned declaration of war or an ultimatum. a part of German officials and officers crossed into the neutral Portugese colony of Angola to discuss the purchase of food supplies from the Portugese. II. several wars have broken out even without notice (i.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty.e. Katrina Hirang-Olave Kat Aguila . responding after an unsatisfied demand to an act contrary to international law on the part of the offending state. Gatdula Notes may be resorted to by the parties out of their own volition or taken by the body itself at its own instance if allowed by agreement of the members. • II. as evidenced by the Preamble. Outlawry of war V. war may exist even without the use of force as when one states normally refuses to be governed by the laws of peace in its relations with another state. i. Art I. Reparation for damages iii. Commencement of War • (3) intervention WAR I. hence not in the character of a reprisal. an altercation arose during the discussion. Laws of war • The Declaration of Paris of 1856 – warfare at sea • The Hague Conventions of 1899 – use of expanding bullets and asyphynxiating gases • The Hague Conventions of 1907 – opening of hostilities. ii. and denunciation of treaties. it was held that the death of the Germans in Naulilaa was not a consequence of acts contrary to international law imputable to either parties but was purely fortuitous. Definition • War is defined as an 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 demands. et al • The Geneva Convention of 1925 – use of poisonous gases and of bacteriological methods of warfare • The Geneva Convention of 1929 – treatment of the sick and the wounded and of prisoners of war • The declaration of London – use of submarines against merchant vessels • The Geneva Convention of 1949 • The most commonly accepted sanctions: i. As a result. stoppage of travel. three of the Germans were killed and another was interned by the Portugese. Punishment of war criminals. III. Protest lodged by one belligerent against the unlawful acts of other belligerents. Examples: severance of diplomatic or consular relations. Has the effect of suspending momentarily in the relations between the state the observance of the rule of international law. o War should commence at the date specified in the declaration or the date it is communicated to the enemy. ASEAN Hostile Methods (1) Retorsions any act taken in retaliation where the acts complained of do not constitute a legal ground for offense but are rather in the nature of unfriendly acts. • Treaties of a political nature are automatically cancelled. The Naulilaa Incident Arbitration During WW1. IV. i. Pear Harbor) In such cases. o However. (2) Reprisals an act of self-help on the part of the injured state.
while neutralization is the result of a treaty. When is a state said to be neutral? A state is said to be neutral if it does not take part directly or indirectly in a war between other states. Gatdula Notes • VI. Declaration of London 1909 (unratified) Relations of belligerent states and neutral states • A neutral state has the right and duty to: o abstain from taking part in the hostilities and from giving assistance to either belligerent o Prevent its territory from being used in the conduct of hostilities by the belligerents 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. Laws of neutrality The most important laws of neutrality are found in: • customary law of nations • III.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. generally.e.e. VII. Contraband • The 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. Declaration of Paris of 1856 ii. o Such vessels. V. Neutrality is dependent solely on the attitude of the neutral state. VI. The belligerents are bound to respect the status of the neutral state. o • IV. i. Right of Visit and Seacrch II. Absolute contraband necessarily useful for war in ALL circumstances i. conventions: i. riffles and ammunition subject to seizure as long as they are bound for enemy or enemy-held territory. o However. etc. What is the difference between neutrality and neutralization? The most significant difference between these two terms is in terms of time. Enemy public property found in the territory of the other belligerent states at the outbreak of hostilities is subject to confiscation. ii. Neutral territory is inviolable and cannot be used by the belligerents for the movement of troops. Hague Convention of 1907 iii. Termination of Neutrality (a) when the neutral state itself joins the war • Katrina Hirang-Olave Kat Aguila . Conditional contraband has both civilian and military purposes i. if found to be connected with the hostilities may be captured as prize. Use of Neutral Territories • NEUTRALITY I. Neutrality obtains only during war while neutralization is intended to operate in time of peace as well as in times of war. food and clothes may only be seized when it can be shown that they are destined for the armed forces or the authorities of the belligerent government. o The neutrality of a state is also not affected by the mere passage through its territorial waters of warships or prizes belonging to belligerents. Combatants • The following are regarded as combatants: o Members of the armed forces o Irregular forces such as the guerillas o Inhabitants of unoccupied territory Acquiesce in certain restrictions and limitations that the belligerents may find necessary to impose especially in connection with international commerce. What is the doctrine of ultimate consumption? Answer: goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on the way. Neutrality. the territory may be used for the passage of sick and wounded troops.
Rio Declaration (Summary): Human beings are at the center of concerns for sustainable development. Emerging Principles Stockholm Declaration (Summary): Man has the fundamental right to freedom. II. and has a responsibility to protect and improve the environment for present and future generations. persons. Characteristics of International Economic Law: • 1. sea.” INTERNATIONAL ECONOMIC LAW I. vessels and aircrafts. Definitions: Distinct part of international law which is related to the regulation of interstate trade. the formulation of definite rules covering a wide range of economic matters and the establishment of methods of dispute resolution. in addition to the preservation of wildlife and their habitats. technology. which states that “the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. equality. International economic law is entwined with municipal law and is balanced accordingly with it. Important economic institutions: • Bretton Woods Conference of 1944: Objectives were to advance the reduction of tariffs and other trade barriers. they have the responsibility to ensure that activities within their jurisdiction do not cause damage to the environment of other States. 90% of international law is economic because it includes all the international law and international agreements governing economic transactions that cross state boundaries that have implications for more than one state.. intangibles. International Economic Law • Environmental concerns: Not just limited to atmosphere. • 3. like those governing movement of goods. so trees and other inanimate objects cannot be said to have any rights except in the metaphorical sense. and adequate conditions of life. Gatdula Notes (b) upon the conclusion of peace International Environmental Law I. The goal of environmental protectionists is the rational use of the elements which make up the environment through control. reduction and elimination of the causes of environmental degradation. III. Section 16. political science. According to Justice Douglas. funds. International economic law is a part of public international law • 2. • International Monetary Fund (IMF): To provide shortterm financing to countries in balance of payments and difficulties Katrina Hirang-Olave Kat Aguila . The right to development must be fulfilled to meet developmental and environmental needs. • 4. Empirical research is important for understanding its operation. Environmental rights • The real objects of protection are persons capable of having rights. anthropology.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. it is the recognition that the voice of the inanimate object and the existing beneficiaries of environmental wonders not be stilled. Environmental concerns . It is for the benefit of future and present generations. IV. International economic law requires multidisciplinary thinking because it involves many other disciplines such as history. Sustainable Development • Encourages development in a manner and according to methods which do not compromise the ability of future generation and other states to meet their needs. geography. Earth’s capacity to sustain life must be maintained. and to create a global framework designed to minimize economic conflicts.Expressions of environmental concern in the Philippine Constitution: Article II. land. of current environmental resources and the prevention of discharge of toxic substances or fumes and pollution. flora and fauna but also includes the preservation of the cultural heritage of mankind as found in archaeological and artistic remains. et cetera. While there is a recognition of their sovereign right to exploit their own resources. the creation of international economic institutions.
public health. Key principles of International Trade Law: • Agreed tariff levels: Each state agrees not to raise tariff levels above those contained in the schedule. It has become a very specialized field and it is now affecting the sovereignty of states and their capacity to give force to national objectives. products of prison labor. such • Tanada v. Expanded scope: IEL now includes intellectual property. Prevents the imposition of non-tariff barriers. currency protection. Once foreign producers have paid border charges. Any special treatment given to a product from one trading partner must be made available for like products originating from other contracting partners. • Specific: Security and regional trade exceptions. and lets the developing countries have a share in economic trade through reciprocal or mutual advantages. no additional burdens may be imposed. Angara: WON the GATT is going to be detrimental to local industries and constitutes grave Katrina Hirang-Olave Kat Aguila . Each state has a right to the establishment of a Panel. the WTO gives developing countries a more lenient treatment by aiding and protecting their domestic industries. sanitary and physiosanitary measures and investment. The schedule is open to renegotiation. as exception for developing nations. Dispute resolution: A Dispute Settlement Body (DSB) is established by the WTO Agreement. abuse of discretion in its implementation. The Court ruled that it was not going to be detrimental because of the exceptions it provides to developing nations because of its view towards raising standards of living and optimal use of world resources for sustainable development.Public International Law Bernas + Cruz + Brownlie Reviewer & Atty. principle of non-discrimination. Gatdula Notes • International Bank for Reconstruction and Development (World Bank): To provide long-term capital to support growth and development • International Trade Organization (ITO): Intended to promote a liberal trading system by proscribing certain protectionist trade rules. national treasures of value and protection of exhaustible natural resources. AKA tariff concessions. discrimination between domestic producers and foreign producers. as well as strengthening of the rules on subsidies. consisting of persons with recognized expertise in law to handle appeals from a Panel decision. • Most favored nation clause/principle: Embodies the • Principle of national treatment: This prohibits on imports or exports and the use of licenses on importation or exportation. services. The DSU provides for a permanent appellate body. General Agreement on Tariff and Trade (GATT) World Trade Organization (WTO) – These are the two most important trade-oriented institutions because they shape import and export laws which impact international trade and services. For example. countervailing duties and anti-dumping. Exceptions to Key Principles: • Principle of tariffication: Prohibits the use of quotas • General: Public morals.